CCPR/C/120/D/2798/2016 Minister in charge of the Department of Community Services from proceeding with court action in the Wyong Children’s Court, by which the latter had sought orders to place the author’s daughter in the care and custody of new foster parents while the High Court determined the matter. The author also sought to take advantage of new rules applying to the High Court that came into effect in January 2005, allowing unrepresented applicants to file written submissions to the High Court to seek leave or special leave to appeal. Her application was rejected by the Registrar on the basis of rule 6.07, according to which such applications can be rejected by the Registrar if it appears on its face to be an abuse of process of the Court, or to be frivolous or vexatious. The author submits that her application did not fall in any of those categories. 2.13 The author sought federal legal aid assistance to lodge an appeal before the High Court of Australia, but her application was refused. She explains that, without such assistance, she could not proceed because she was not able to pay for a senior counsel to assist in the appeal. 2.14 The author explains that, in April 2008, with the daughter now turning 18 years of age, the Department of Community Services commenced proceedings to be in charge of her guardianship. The author made an application to the New South Wales Guardianship Tribunal to join the proceedings in order to seek a guardianship order in respect of her daughter. The Tribunal did not permit the author or her daughter to provide evidence and announced before the proceedings had ended that it was not considering issuing a guardianship order in favour of the author. During the proceedings, a medical report was disclosed stating that the author’s daughter was receiving “sexual assault counselling”. Due to a lack of financial resources, the author’s counsel was unable to file an application in the High Court of Australia to stay the proceedings in the Guardianship Tribunal and to request the removal of the matter from the Tribunal to the High Court. 2.15 On 23 September 2013, the author’s counsel sent a letter to the National Children’s Commissioner of the Human Rights Commission requesting assistance to help the daughter, who was 23 years old at the time. 3 The counsel only received a brief telephone call in response, informing that the Human Rights Commission could not assist in the matter. 2.16 The author provides letters and affidavits from different individuals testifying that, throughout the years, her daughter consistently requested to live with her and complained about sexual and other abuses by her father, stepmother and Department of Community Services employees. The complaint4 3.1 The author claims that her rights and those of her daughter under article 2 (1) of the Covenant have been violated because the State party has not treated them with respect but instead has used their status as vulnerable individuals with a mental disability as a vehicle to deny or ignore and violate the rights they have under the Covenant, and to discriminate against them. She claims that such discrimination has had very severe and ongoing consequences, detrimental to their health and well-being. 3.2 The author also claims that the rights of her daughter under article 7 of the Covenant have been violated by the State party by taking her, a child diagnosed as being on the autism spectrum, away from the loving care and support of her mother and from her home, and placing her in an environment that was unfamiliar, strange and hostile to her, where she was abused, including sexually, mistreated and neglected, where her wishes were ignored, where she was medicated against her will and where she was only allowed to have very little contact with her mother. According to the author, this amounts to cruel, inhuman and degrading treatment and punishment. She claims that her own rights under article 7 of the 3 4 4 The author provides a copy of the letter sent to the National Children’s Commissioner of the Human Rights Commission, on 23 September 2013. The author also claims a violation of her rights and those of her daughter under various articles of the Convention on the Rights of the Child. As these allegations fall outside the scope of the competence of the Committee, they have not been taken into account in this communication.

Select target paragraph3