Migration
Act 1958 - Determination under subsection 262(2) - Daily Maintenance Amounts
for Persons in Detention - October 2013
FRLI:
F2013L01785
Portfolio: Immigration
and Border Protection
Tabled: House of
Representatives and Senate, 12 November 2013
Summary of committee concerns
2.1
The committee seeks further information as to how this instrument
operates before determining the instrument's compatibility with human rights.
Overview
2.2
This instrument nominates the amount of $240 to be charged, on a daily
basis, for keeping and maintaining a person in immigration
detention between 13 October 2013 and 13 October 2014.
2.3
This instrument revokes the previous determination which nominated
$184.05 per day for keeping and maintaining a person in immigration detention
between 12 October 2012 and 12 October 2013.
Compatibility with human rights
Statement of compatibility
2.4
The committee notes that this instrument is exempt from the requirement
to provide a statement of compatibility as it is not defined as a disallowable legislative
instrument within the meaning of section 42 of the Legislative Instruments
Act 2003.[24]
2.5
As a matter of best practice, however, the committee considers that
legislative instruments relating to the treatment of persons deprived of their
liberty should be accompanied by a statement of compatibility.
Committee view on compatibility
2.6
The committee requires further information to understand the effect and
operation of this instrument before being able to assess its compatibility with
human rights.
2.7
The committee considers that charging individuals who are being held in
mandatory detention may give rise to issues of compatibility with the right of humane
treatment in detention[25]
and the right to equality and non-discrimination.[26]
2.8
The committee intends to write to the Minister for Immigration
and Border Protection to request that a statement of compatibility be provided
for this instrument and to seek further information in relation to:
- the basis for increasing the nominated amount for keeping and maintaining
a person in immigration detention;
- who is required to pay the nominated amount;
- the consequences of not paying the nominated amount; and
- the number of occasions that recovery of these amounts has
been sought and the results of such efforts.
Navigation: Previous Page | Contents | Next Page