Surely
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Who's responsible once they leave?
The law in Papua New Guinea does not assign automatic guardianship. The decision is left to the courts, and child welfare laws only extend to children under the age of 16.
That means 16- and 17-year-old children who are currently wards of Mr Burke will be left in a legal limbo once they are sent to Papua New Guinea.
VIDEO 14:17
Watch Tony Burke's full interview on Insiders
Tony Burke joins Insiders
INSIDERS
Professor Mary Crock, from the University of Sydney Law School, says Mr Burke faces a conflict of interest because of his dual role as their guardian and the minister charged with executing the PNG deal.
In research published in September last year, Professor Crock found approximately 5 per cent of asylum seekers coming to Australia were unaccompanied children.
In Nauru, children remain minors until they turn 18, but as in Papua New Guinea, there is no automatic guardianship.
The verdict
Mr Burke is correct to say he has the responsibilities of a parent for unaccompanied minors in Australia, but those responsibilities end at our borders.
Legally, he is not responsible for the safety of children in Papua New Guinea or Nauru.
Mr Burke's comments don't tell the full story
http://mobile.abc.net.au/news/2013-08-14/tony-burke-unaccompanied-children-png/4842978
This party couldn't lie straight in bed.
The law in Papua New Guinea does not assign automatic guardianship. The decision is left to the courts, and child welfare laws only extend to children under the age of 16.
That means 16- and 17-year-old children who are currently wards of Mr Burke will be left in a legal limbo once they are sent to Papua New Guinea.
VIDEO 14:17
Watch Tony Burke's full interview on Insiders
Tony Burke joins Insiders
INSIDERS
Professor Mary Crock, from the University of Sydney Law School, says Mr Burke faces a conflict of interest because of his dual role as their guardian and the minister charged with executing the PNG deal.
In research published in September last year, Professor Crock found approximately 5 per cent of asylum seekers coming to Australia were unaccompanied children.
In Nauru, children remain minors until they turn 18, but as in Papua New Guinea, there is no automatic guardianship.
The verdict
Mr Burke is correct to say he has the responsibilities of a parent for unaccompanied minors in Australia, but those responsibilities end at our borders.
Legally, he is not responsible for the safety of children in Papua New Guinea or Nauru.
Mr Burke's comments don't tell the full story
http://mobile.abc.net.au/news/2013-08-14/tony-burke-unaccompanied-children-png/4842978
This party couldn't lie straight in bed.