CCPR/C/120/D/2798/2016 Australia because such disclosure would constitute an arbitrary or unlawful interference with the privacy of the individuals involved. Author’s comments on the State party’s observations 5.1 The author submits that her allegations are more than sufficiently substantiated and supported by a plethora of court sealed legal documents, affidavits, medical reports and correspondence with government ministers, politicians and other entities. The author also clarifies that the remedy she is seeking is that her daughter be released from the guardianship of the Public Guardian and placed in her sole care. 5.2 Regarding the State party’s statement that the communication has not been brought validly on behalf of the author’s daughter, as required by rule 96 (b) of the Committee’s rules of procedure, the author submits that she has not been allowed to have any contact with her daughter for the past six years. She has written a number of letters to the Public Guardian seeking to make contact with her daughter on special days, but all were refused on the grounds that her daughter did not want to see her, which she denies 7 She indicates that, considering the circumstances, she has not been able to seek the authority of the daughter’s legal guardian, as her request would have been refused. The author claims that she has the standing and authority to bring the communication on behalf of her daughter because of the strong bond that she has with her as her mother. 5.3 The author also submits that she is very concerned that her daughter’s health is deteriorating rapidly as, the last time she saw her, in 2010, she had been grossly overweight and drugged. 5.4 Regarding the State party’s submission that the author’s allegation with respect to the violation of her owns rights under the Covenant are inadmissible as she has not exhausted all available domestic remedies, the author claims that she has used all domestic remedies mentioned by the State party, except the New South Wales Supreme Court. She decided instead to use the Family Court of Australia, which has much more experience in handling children’s matters and has federal jurisdiction, and has the same parens patriae jurisdiction as the state supreme courts. She also claims that, in all the court proceeding, neither she nor her witnesses nor the medical experts who have been treating the author and her daughter for a number of years were given credibility. 5.5 With regard to the State party’s argument that the author’s allegations under article 14 (3) of the Covenant are inadmissible as the article does not apply to civil law or family lay proceeding, the author claims that the outcome of the proceeding have resulted much more onerous and severe to her daughter than if she had committed a criminal offence, and that the judgment has destroyed their lives and health. 5.6 The author submits that, owing to lack of financial means and legal aid funding, she could not obtain all relevant transcripts, evidence, judgments or orders concerning the protection, care and custody of her daughter required by the State party. The author also submits that the State party could have taken instructions from her and could have obtained all documents needed from the Department of Community Services. 5.7 The author finally submits that, on 24 November 2015, she attempted to get her daughter to give evidence in the Royal Commission into Child Abuse of the Federal Government. However, the guardian of the author’s daughter did not allow her to give evidence to the Commission. Additional observations by the State party on the admissibility 6.1 On 19 May 2017, the State party submitted additional observations on the admissibility of the communication. It submits that it has reviewed the author’s additional submissions and determined that there is no new information or evidence provided to alter its original assessment that the author’s claims are inadmissible. 7 8 The author provides copies of her letters to the Public Guardian seeking contact with her daughter and the response she received from him.