Fresh calls for independent guardian for asylum seeker children

Two of the country's top welfare and aid groups are calling for an independent guardian for children in detention, saying the immigration minister has failed in his duty of care.

A drawing created by asylum-seeking children in detention. Source: Human Rights Commission

Australian welfare organisations say Immigration Minister Peter Dutton has a conflict of interest in his role as the legal guardian of unaccompanied asylum seeker children.

As the immigration minister, Mr Dutton is legally responsible for all unaccompanied minors seeking asylum in Australia.

A legal guardian is expected to act in the best interests of a child - and that places the minister in something of a moral bind, according to the Australian Council of Social Service (ACOSS) and the Australian Council for International Development (ACFID).

"Patently the minister for immigration has a conflict of interest," ACFID executive director Marc Purcell said.

"He is charged with both caring for children (and) also detaining them in an environment where they're being harmed."

Both groups are also calling for the immediate release of all children from detention.

Their calls echo the recommendations of numerous reports including last month's Senate Inquiry.

Previous reports such as the Moss Review and Forgotten Children Report also highlighted allegations of assault and abuse against asylum seeker children.

ACOSS and ACFID want the allegations to be examined by the existing Royal Commission into child sexual abuse.

Dr Cassandra Goldie from ACOSS said it was important children were taken out of a setting which she said was causing them harm.

"I think the voice ... right across the community must be heard by the government - that there can be no policy that justifies putting children at risk," she said.

There are currently 97 children in immigration detention in Australia and 92 on Nauru.

"Any Australian, any politician can look into the eyes of their own children or grandchildren and see that potential of children looking back at them, and know that we are damaging that potential of children currently by holding them in detention," Mr Purcell said.

The conditions in offshore detention centres on Manus Island and Nauru will be further investigated by a parliamentary inquiry.

Earlier this week, thousands of staff from Melbourne's Royal Children's Hospital rallied, refusing to discharge asylum-seeker children if they were to be locked up again.