Joint Select Committee on Australia's Immigration Detention Network
Terms of Reference
(1) a Joint Select Committee on Australia's Immigration Detention Network be appointed to inquire into and report on:
(a) any reforms needed to the current Immigration Detention Network in Australia;
(b) the impact of length of detention and the appropriateness of facilities and services for asylum
seekers;
(c) the resources, support and training for employees of Commonwealth agencies and/or their agents or contractors in performing their duties;
(d) the health, safety and wellbeing of asylum seekers, including specifically children, detained within the detention network;
(e) impact of detention on children and families, and viable alternatives;
(f) the effectiveness and long-term viability of outsourcing immigration detention centre
contracts to private providers;
(g) the impact, effectiveness and cost of mandatory detention and any alternatives, including community release; and
(h) the reasons for and nature of riots and disturbances in detention facilities;
(i) the performance and management of Commonwealth agencies and/or their agents or
contractors in discharging their responsibilities associated with the detention and processing of irregular maritime arrivals or other persons;
(j) the health, safety and wellbeing of employees of Commonwealth agencies and/or their agents or contractors in performing their duties relating to irregular maritime arrivals or other persons detained in the network;
(k) the level, adequacy and effectiveness of reporting incidents and the response to incidents within the immigration detention network, including relevant policies, procedures, authorities and protocols;
(l) compliance with the Government's immigration detention values within the detention
network;
(m) any issues relating to interaction with States and Territories regarding the detention and processing of irregular maritime arrivals or other persons;
(n) the management of good order and public order with respect to the immigration detention network;
(o) the total costs of managing and maintaining the immigration detention network and
processing irregular maritime arrivals or other detainees;
(p) the expansion of the immigration detention network, including the cost and process adopted to establish new facilities;
(q) the length of time detainees have been held in the detention network, the reasons for their length of stay and the impact on the detention network;
(r) processes for assessment of protection claims made by irregular maritime arrivals and other persons and the impact on the detention network; and,
(s) any other matters relevant to the above terms of reference.
(2) the committee consist of 11 members, 2 Members to be nominated by the Government Whip or Whips, 2 Senators to be nominated by the Leader of the Government in the Senate, 2 Members to be nominated by the Opposition Whip or Whips, 2 Senators nominated by the Leader of the Opposition in the Senate, 1 Member and 1 Senator nominated by the Australian Greens Whip, and 1 non-aligned member;
(3) participating members may be appointed to the committee. Participating members may participate in hearings of evidence and deliberations of the committee, and have all the rights of a member of the committee, but may not vote on any questions before the committee;
(4) every nomination of a member of the committee be notified in writing to the President of the
Senate and the Speaker of the House of Representatives;
(5) the members of the committee hold office as a joint select committee until the House of
Representatives is dissolved or expires by effluxion of time, whichever is the earlier;
(6) the committee shall elect as its chair a Government member appointed to the committee on
the nomination of the Government Whip or Whips, or the Leader of the Government in the Senate;
(6A)The committee shall elect a member as its deputy chair;
(7) the deputy chair shall act as chair of the committee at any time when the chair is not present at a meeting of the committee, and at any time when the chair and deputy chair are not present at a meeting of the committee the members present shall elect another member to act as chair at that meeting;
(8) in the event of an equally divided vote, the chair, or the deputy chair when acting as chair, have a casting vote;
(9) 3 members of the committee constitute a quorum of the committee provided that in a deliberative meeting the quorum shall include 1 Government member of either House and 1 non-Government member of either House;
(10) the committee have power to appoint subcommittees consisting of 3 or more of its members and to refer to any subcommittee any matter which the committee is empowered to examine;
(11) the committee appoint the chair of each subcommittee who shall have a casting vote only;
(12) at any time when the chair of a subcommittee is not present at a meeting of the subcommittee the members of the subcommittee present shall elect another member of that subcommittee to act as chair at that meeting;
(13) 2 members of a subcommittee constitute the quorum of that subcommittee;
(14) members of the committee who are not members of a subcommittee may participate in the
proceedings of that subcommittee but shall not vote, move any motion or be counted for the
purpose of a quorum;
(15) the committee or any subcommittee have power to call for witnesses to attend and for documents to be produced;
(16) the committee or any subcommittee may conduct proceedings at any place it sees fit;
(17) the committee or any subcommittee have power to adjourn from time to time and to sit during any adjournment of the House of Representatives and the Senate;
(18) the committee may report to both Houses of Parliament from time to time and that it present its final report no later than 7 October 2011;
(19) the provisions of this resolution, so far as they are inconsistent with the standing orders, have effect notwithstanding anything contained in the standing orders.
For further information, contact: Committee Secretary
Joint Select Committee on Australia's Immigration Detention Network
PO Box 6100
Parliament House
Canberra ACT 2600
Australia