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Appropriation (Implementation of the Report of the Expert Panel on Asylum
Seekers) Bill (No. 2) 2012-2013
Introduced into the House of
Representatives on 30 October 2012
Portfolio: Finance and Deregulation
Committee view
1.2
The committee notes that these bills form part of a complex
package of primary and secondary legislation which raise issues of
compatibility with human rights and will consider them in the context of the
broader package of amendments arising from the Migration Legislation
Amendment (Regional Processing and Other Measures) Act 2012.
Purpose of the bill
1.3
These bills seek an appropriation authority from Parliament for the
additional expenditure of money from the Consolidated Revenue Fund. According
to the Minister's second reading speech, the funding sought is consistent with,
and already budgeted for in, the Mid-Year Economic and Fiscal Outlook.
1.4
The bills will provide additional appropriation to the Department of
Immigration and Citizenship to address the increased costs of irregular
maritime arrivals resulting from the higher rates of arrivals and the
implementation of the recommendations of the Expert Panel on Asylum Seekers, including
capital works and services for regional processing facilities on Nauru and
Manus Island. The total appropriation being sought through these two bills is
$1,674,982,000.
1.5
The total appropriation being sought in Appropriation (Implementation of
the Report of the Expert Panel on Asylum Seekers) Bill (No. 1) 2012-2013 is a
little over $1.4 billion. This includes $110.6 million for Houston report
measures, including $92.043 million to increase the humanitarian program by an
additional 6,250 places to 20,000 per annum from 2012-2013; $8.181 million to
increase the family reunion stream of the permanent migration program by 4,000
places; and $10 million to fund capacity-building initiatives in regional
countries. It also includes $1.296 billion to meet expenses arising from the
management of higher levels of irregular maritime arrivals and the operational
expenses associated with the implementation of the expert panel's
recommendations to establish regional processing centres on Nauru and Manus
Island. This includes a $186 million accrual from 2011-2012.
1.6
The total appropriation being sought in Appropriation (Implementation of
the Report of the Expert Panel on Asylum Seekers) Bill (No. 2) 2012-2013 is
$267,980,000. This bill provides additional funding to the Department of
Immigration and Citizenship for the requirements for departmental equity
injections and requirements to create or acquire administered assets to
discharge administered liabilities. The government will provide to the
Department of Immigration and Citizenship $267,380,000 of administered assets
and liabilities, funding in this bill for the Offshore Asylum Seeker Management
program. This is to meet initial capital costs required to establish regional
processing centres on Nauru and Manus Island, as recommended by the Expert
Panel on Asylum Seekers.
Compatibility with human rights
1.7
The statement of compatibility with human rights contained in the
explanatory memorandum to the Appropriation (Implementation of the Report of
the Expert Panel on Asylum Seekers) Bill (No. 1) 2012-2013 states (p 4):
1 The Bill
seeks to appropriate money for the ordinary annual services of the Government.
2 The Bill
does not engage any of the applicable rights or freedoms outlined in the Human
Rights (Parliamentary Scrutiny) Act 2011.
3 The Bill is
compatible with the human rights and freedoms recognised or declared in the
international instruments listed in section 3 of the Human Rights
(Parliamentary Scrutiny) Act 2011 as it does not raise any human rights issues.
1.8
As noted above, some of these funds to be appropriated are intended to
support the increases in numbers under Australia's humanitarian program, which
will be a contribution to the fuller enjoyment of a range of human rights and
fundamental freedoms by those who benefit from those programs. Similarly, the
increase in the family reunion program is a positive measure to promote the
enjoyment of the right to be free from arbitrary or unlawful interference with
one's family or private life in the ICCPR or the right of the family to
protection, as well as the rights of children.
1.9
However, the vast bulk of the funds to be appropriated appear destined
to support the arrangements for the offshore processing of the claims of
asylum-seekers who arrive by boat, in accordance with the Houston Panel report
recommendations. These new arrangements, authorised by earlier legislation (Migration
Legislation Amendment (Regional Processing and Other Measures) Act 2012 and
related primary and delegated legislation), raise human rights concerns on the
face of the legislation or are likely to do in their implementation.
Accordingly, the appropriation of funds to permit their implementation may also
be viewed as giving rise to human rights issues, as this facilitates the taking
of actions which may involve the failure by Australia to fulfil its obligations
under the treaties listed in the Human Rights (Parliamentary Scrutiny) Act
2011.
1.10
The chair of the committee wrote to the Minister on 22 August 2012 and
again on 31 October 2012 seeking further information about the compatibility
with human rights of the Migration Legislation Amendment (Regional
Processing and Other Measures) Act 2012. The committee received a response
from the Minister on Friday 23 November 2012, a copy of which can be found in
Appendix 1.
1.11
In its sixth report, tabled on 31 October 2012, the committee indicated
that it would defer consideration of the related Migration Amendment Regulation
2012 (No 5), which raised significant and complex rights issues, so that it
could be examined as part of the broader package of amendments resulting from
the Migration Legislation Amendment (Regional Processing and Other Measures)
Act 2012. In this context the concerns raised by the Migration Amendment
(Unauthorised Maritime Arrivals and Other Measures) Bill 2012 (discussed
below), are also relevant.
1.12
These appropriation bills have now passed both Houses following their
passage through the Senate on 19 November 2012.
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