Notes

[1] From now on to be referred to as the Criminal Code

[2] (re-printed and in force on the 1st of December 2000)

[3] Patrick I, "Responding to Female Genital Mutilation: The Australian Experience in Context" (2001) 36(1) Australian Journal of Social Issues 15 at 16

[4] World Health Organization, Female Genital Mutilation: An Overview, Geneva, World Health Organization Publications, 1998 at

[4] <http://www.who.int/dsa/cat98/fgmbook.htm> (12/07/01)

[5] WHO, UNICEF, UNFPA, Female Genital Mutilation: A Joint WHO/UNICEF/UNFPA Statement, Geneva, World Health Organization, 1997

[6] As given in Appendix A

[7] Amnesty International, Female Genital Mutilation: A Human Rights Information Pack, ACT, Amnesty International, 199

[7] (Section One at 1) <http://www.amnesty.org/ailib/intcam/femgen/fgm1.htm> (12/07/01)

[8] Note 4 at 7

[9] Note 3 at 17

[10] Dirie W, Desert Flower: The Extraordinary Life of a Desert Nomad, Virago Press, New York, 1998 at 28

[11] often including the child's mother

[12] Family Law Council, Female Genital Mutilation, ISBN 0642208123, Canberra, Family Law Council, June 1994 at [3.03] <http://law.gov.au/flc/reports/fgm.html> (19/0701)

[13] Al-Krenawi A & Wiesel-Lev R, "Attitudes toward and perceived psychosocial impact of female circumcision as practiced among the Bedouin-Arabs of the Negev" (1999) 38(4) Family Process 431 at 431

[14] Note 4 at 7

[15] Note 7 (Section 1) at 2

[16] Note 4 at 3

[17] Note 15

[18] Kopelman LM, "Female circumcision/genital mutilation and ethical relativism" (1994) 20(2) Second Opinion 54 at 61

[19] Note 18 at 61

[20] Note 18 at 62

[21] Note 4 at 23

[22] Note 7 (Section One) at 6

[23] A more comprehensive coverage of medical complications can be found in Appendix B

[24] Note 7 (Section One) at 3

[25] Note 7 (Section One) at 4

[26] Note 7 (Section Three) at 1

[27] Note 12 at [2.32]

[28] Note 24

[29] Note 7 (Section One) at 2

[30] Note 12 at [2.38]

[31] Note 30

[32] Note 12 at [2.48] and [2.52]

[33] Department of Immigration and Multicultural Affairs, Population Flows: Immigration Aspects, Canberra, DIMA, 2000 at 26

[34] 1736 visas

[35] 708 visas

[36] Note 33

[37] the most recent data obtainable

[38] Australian Bureau of Statistics, Census of Population and Housing, unpublished data, ABS, 1996

[39] Hannah-Munster J, A Report on the Female Genital Mutilation Education Program for Queensland, Fortitude Valley, Family Planning Queensland, 1999 at 7

[40] Toubia N, A Call for Global Action, Women Ink, New York, c1993 at 10

[41] Ierodiaconou M, "'Listen to Us!' Female Genital Mutilation, Feminism and the Law in Australia" (1995) 20 Melbourne University Law Review 562 at 571

[42] Note 7 (Section Four) at 2

[43] Note 7 (Section Two) at 2

[44] Note 12 at [5.15]

[45] Inclusion of the relevant articles are given in Appendix C

[46] Note 7 (Section Eight) at 2

[47] Rioja I, The Day Kadi Lost Part of Her Life, Spinifex Press, Melbourne, 1998 at 3

[48] A buankisa is the name given to a woman that performs FGM in the sub-Saharan country of Africa

[49] Bunney L, "Female Genital Mutilation" (1995) 3 Australian Health Law Bulletin 69 at 69

[50] Note 12 at [6.21]

[51] Note 50

[52] Note 12 at [2.28]

[53] Note 12 at [5.16]

[54] Note 7 (Section Eight) at 2

[55] Note 3 at 22

[56] Crimes Act 1990 (NSW), s 45; Criminal Law Consolidated Act 1935 (SA), s 33; Crimes (amendment) Act number 3 1995 (ACT); Criminal Code Act 1983 (NT), ss 186A-186D; Crimes Act 1958 (Victoria), ss 32-38A; Criminal Code Act 1899 (Qld), ss 323A-323B

[57] The actual provisions are given in Appendix D

[58] Although it is noted that medical practitioners can be reported for professional misconduct under section 35 of the Medical Act (Qld)

[59] Note 4 at 6

[60] Note 12 at [6.55]

[61] Mr Matthew Foley, Queensland, House of Representatives, Parliamentary Debates (Hansard), No.357, 5 October 2000, 3552

[62] Note 12 at [6.60]

[63] Note 3 at 23

[64] Note 12 at [6.81]

[65] Note 49 at 71

[66] WHO, UNICEF, UNFPA, A Joint WHO/UNICEF/UNFPA Statement, Geneva, World Health Organization, 1996

[67] Note 12 at [6.05]

[68] Note 12 at [5.10]

[69] Note 3 at 16

[70] Note 39 at 11

[71] Note 3 at 20

[72] Note 12 at [3.18]

[73] Note 4 at 6

[74] Nour NM, "Female circumcision and genital mutilation: a practical and sensitive approach" (2000) 45(3) Contemporary Obstetrics and Gynaecology 50 at 52

[75] Note 12 at [4.02]

[76] Note 12 at [4.03]

[77] Note 12 at [4.07]

[78] Note 12 at [4.04]

[79] Note 3 at 33

[80] Criminal Code Act 1899 (Qld)