Footnotes
CHAPTER 1 - Introduction
[1]
Journals of the Senate, No. 108, 11 September 2012, p. 2940.
[2]
Journals of the Senate, No. 110, 13 September 2012, pp 2973-2974.
[3]
Journals of the Senate, No. 123, 20 November 2012, pp 3324-3325.
[4]
Explanatory Memorandum (EM), p. 1.
[5]
EM, p. 1.
[6]
EM, p. 1.
[7]
The Hon Chris Bowen MP, Minister for Immigration and
Citizenship, Nauru designated for regional processing,
Media Release, 10 September 2012, available at: http://www.minister.immi.gov.au/media/cb/2012/cb189739.htm
(accessed 19 September 2012); and the
Hon Chris Bowen MP, Minister for Immigration and Citizenship, Papua
New Guinea designated for regional processing, Media Release,
9 October 2012, available at: http://www.minister.immi.gov.au/media/cb/2012/cb190599.htm
(accessed 11 October 2012).
[8]
'Offshore entry person' is defined in section 5 of the Migration Act
1958 as: a person who has, at any time, entered Australia at an excised
offshore place after the excision time for that offshore place, and becomes an
unlawful non-citizen because of that entry.
[9]
Proposed new subsection 198ABA(2).
[10]
Proposed new paragraph 198ABA(3)(a).
[11]
Proposed new subparagraph 198ABA(3)(b)(vi) provides that a person may be
nominated by another professional body prescribed by the regulations.
[12]
Proposed new subsection 198ABA(4).
[13]
Proposed new subparagraph 198ABA(6)(a)(i).
[14]
Proposed new subparagraph 198ABA(6)(a)(ii).
[15]
Proposed new subsection 198ABA(7).
[16]
Proposed new paragraph 198ABA(6)(b).
[17]
See, for example, UnitingJustice, Submission 5, pp 3-4;
Australian Lawyers Alliance, Submission 9, p. 1; Amnesty International
Australia, Submission 8, p. 6. See also: Australian Human
Rights Commission, which stated that it 'holds serious concerns about the
approach taken to Australia's international obligations in the designations of
Nauru and Papua New Guinea as a 'regional processing country'' (Submission 18,
p. 7).
[18]
See, for example, Independent group of health experts representing key
Australian health and mental health professional organisations, Submission
12, p. 2; Coalition of Asylum Seekers Refugees and Detainees, Submission
14, pp 2-3; Amnesty International Australia, Submission 8,
pp 4-6; Australian Psychological Society, Submission 13, pp 8-10;
Australian Human Rights Commission, Submission 18, pp 5-6.
[19]
Castan Centre for Human Rights Law, Submission 4, pp 5-6;
Amnesty International Australia, Submission 8, pp 3-4.
[20]
Asylum Seeker Resource Centre, Submission 2, pp 2-3; Castan
Centre for Human Rights Law, Submission 4, pp 4-6;
UnitingJustice, Submission 5, pp 8-9.
CHAPTER 2 - Need for independent oversight of health services
[1]
See, for example, Ms Tamara Lions, Amnesty International Australia, Committee
Hansard, 23 November 2012, p. 13; Independent group of health experts
representing key Australian health and mental health professional organisations,
Submission 12, p. 1.
[2]
Submission 18, p. 7.
[3]
Committee Hansard, 23 November 2012, p. 3.
[4]
Mr Ken Douglas, Department of Immigration and Citizenship (DIAC or
Department), Committee Hansard, 23 November 2012, p. 36. See also: the
Hon Chris Bowen MP, Minister for Immigration and Citizenship, First
transfer to Papua New Guinea, Media Release, 21 November 2012, which
discussed arrangements for an interim Joint Advisory Committee to play an
initial oversight role for the processing centre in Nauru, available at: http://www.minister.immi.gov.au/media/cb/2012/cb191879.htm
(accessed 30 November 2012).
[5]
Memorandum of Understanding between the Republic of Nauru and the
Commonwealth of Australia, relating to the transfer to and assessment of
persons in Nauru, and related issues, signed 29 August 2012, Clause 17,
available at: http://www.minister.immi.gov.au/media/cb/2012/cb189579.htm
(accessed 30 November 2012); and Memorandum of Understanding between the
Government of the Independent State of Papua New Guinea and the Government of
Australia, relating to the transfer to and assessment of persons in Papua New Guinea,
and related issues, signed on 8 September 2012, Clause 21, available at: http://www.minister.immi.gov.au/media/cb/2012/cb189719.htm
(accessed 30 November 2012).
[6]
Ms Vicki Parker, DIAC, Committee Hansard, 23 November 2012, p.
31. See also DIAC, Submission 19, p 3.
[7]
See Ms Vicki Parker, DIAC, Committee Hansard, 23 November 2012,
pp 31-32.
[8]
Committee Hansard, 23 November 2012, p. 3. Although Professor
Newman did note that one of the representatives had sat on the Detention Health
Advisory Group mental health subcommittee.
[9]
Mr Ken Douglas, DIAC, Committee Hansard, 23 November 2012, p. 35.
[10]
DIAC website, Detention Health Advisory Group (DeHAG), available
at: http://www.immi.gov.au/about/stakeholder-engagement/national/advisory/dehag/
(accessed 28 November 2012).
[11]
Mr Ken Douglas, DIAC, Committee Hansard, 23 November 2012, p. 31.
[12]
Mr Martin Bowles PSM, DIAC, Senate Legal and Constitutional Affairs
Legislation Committee, Supplementary Estimates 2012-13, Committee Hansard,
15 October 2012, p. 99.
[13]
Mr Martin Bowles PSM, DIAC, Senate Legal and Constitutional Affairs
Legislation Committee, Supplementary Estimates 2012-13, Committee Hansard,
15 October 2012, p. 99.
[14]
Mr Ken Douglas, DIAC, Committee Hansard, 23 November 2012, p. 31.
[15]
Committee Hansard, 23 November 2012, p. 4.
[16]
Mr Ken Douglas, DIAC, Committee Hansard, 23 November 2012, pp
36-37.
[17]
DIAC website, Detention Health Advisory Group (DeHAG), available
at: http://www.immi.gov.au/about/stakeholder-engagement/national/advisory/dehag/
(accessed 28 November 2012).
[18]
Mr Mick Palmer AO APM, Report of the Inquiry into the circumstances of
the Immigration Detention of Cornelia Rau, July 2005, Recommendation 6.11,
p. xxx.
[19]
DIAC, answer to question on notice, received 29 November 2012, p. 2.
[20]
See Australian Medical Association, AMA calls for independent medical
panel to oversee the health of asylum seekers, Media Release, 22 August
2012, available at: https://ama.com.au/media/ama-calls-independent-medical-panel-oversee-health-asylum-seekers
(accessed 28 November 2012).
[21]
Committee Hansard, 23 November 2012, pp 4-5.
[22]
Committee Hansard, 23 November 2012, p. 7.
[23]
Submission 4, p. 2.
[24]
Committee Hansard, 23 November 2012, p. 4.
[25]
Submission 12, p. 1. See also: Independent group of health
experts representing key Australian health and mental health professional
organisations, Supplementary Submission 12, p. 1.
CHAPTER 3 - Key issues relating to the Bill
[1]
See, for example: Dr Gillian Singleton, The Royal Australian College of
General Practitioners, Committee Hansard, 23 November 2012, p. 1;
Ms Ellisa Scott, Hotham Mission Asylum Seeker Project, Committee
Hansard, 23 November 2012, p. 14;
Mr Kon Karapanagiotidis OAM, Asylum Seeker Resource Centre, Committee
Hansard, 23 November 2012, p. 15; Professor Gillian Triggs,
Australian Human Rights Commission, Committee Hansard, 23 November
2012, p. 21; UnitingJustice, Submission 5, p. 12; Australian Lawyers
Alliance, Submission 9, p. 1; Coalition for Asylum Seekers
Refugees and Detainees, Submission 14, p. 8.
[2]
Committee Hansard, 23 November 2012, pp 3-4.
[3]
Submission 5, p. 11.
[4]
Committee Hansard, 23 November 2012, p. 9. See also: Associate
Professor Amanda Gordon, Australian Psychological Society, Committee Hansard,
23 November 2012, p. 9.
[5]
Submission 19, p. 3.
[6]
Mr Ken Douglas, Department of Immigration and Citizenship (DIAC), Committee
Hansard, 23 November 2012, p. 30. See also: Ms Vicki Parker, DIAC, Committee
Hansard, 23 November 2012, p. 38.
[7]
Mr Kon Karapanagiotidis OAM, Asylum Seeker Resource Centre, Committee Hansard,
23 November 2012, p. 16; Ms Tamara Lions, Amnesty International Australia,
Committee Hansard, 23 November 2012, p. 17; Mr David Manne, Refugee
and Immigration Legal Centre, Committee Hansard, 23 November 2012, p.
27.
[8]
Committee Hansard, 23 November 2012, p. 27.
[9]
Committee Hansard, 23 November 2012, p. 23.
[10]
Committee Hansard, 23 November 2012, p. 23.
[11]
Mr Ken Douglas, DIAC, Committee Hansard, 23 November 2012, p.
30.
[12]
See, for example, Professor Louise Newman, The Royal Australian and New
Zealand College of Psychiatrists, Committee Hansard, 23 November 2012,
p. 4; Ms Tamara Lions, Amnesty International Australia, Committee
Hansard, 23 November 2012, pp 13 and 17; Professor Gillian Triggs,
Australian Human Rights Commission, Committee Hansard, 23 November
2012, p. 23.
[13]
Committee Hansard, 23 November 2012, pp 21 and 23.
[14]
Committee Hansard, 23 November 2012, p. 27.
[15]
Committee Hansard, 23 November 2012, p. 7.
[16]
Mr Kon Karapanagiotidis OAM, Asylum Seeker Resource Centre, Committee
Hansard, 23 November 2012, p. 16; Mr David Manne, Refugee and
Immigration Law Centre, Committee Hansard, 23 November 2012, p. 28.
See also: Asylum Seeker Resource Centre, Submission 2, p. 1.
[17]
Committee Hansard, 23 November 2012, p. 16.
[18]
See, for example, Asylum Seeker Resource Centre, Submission 2,
p. 1; Commissioner for Children and Young People WA, Submission 7, p. 4;
Victorian Refugee Health Network and Refugee Health Network of Australia, Submission
15, p. 1.
[19]
Committee Hansard, 23 November 2012, pp 1-2. See also: Victorian
Refugee Health Network and Refugee Health Network of Australia, which suggested
that refugee health experience and nursing should be part of the required
expertise of the Panel (Submission 15, p. 1); and
Asylum Seeker Resource Centre, which suggested that psychiatry expertise
should be included in the Panel's expertise (Submission 2, p. 1).
[20]
Hotham Mission Asylum Seeker Project, Submission 10, p. 4;
Asylum Seeker Resource Centre, Submission 2, p. 1. See also:
Coalition for Asylum Seekers Refugees and Detainees, which recommended that
there should be a 'certain proportion of non-government organisations
representing refugees and asylum seekers and human rights organisations in the
Panel' (Submission 14, p. 8).
[21]
Committee Hansard, 23 November 2012, p. 22.
[22]
Committee Hansard, 23 November 2012, p. 11. See also: Associate
Professor Karen Zwi from The Royal Australasian College of
Physicians, who outlined some of the work that the Detention Health Advisory
Group (DeHAG) had done, and recommendations it had made to address issues in
relation to disability, and particularly to prevent further disabilities
manifesting in detainees (Committee Hansard, 23 November 2012, pp
11-12).
[23]
Office of the Commonwealth Ombudsman, answer to question on notice,
received 30 November 2012, p. 2.
[24]
Committee Hansard, 23 November 2012, pp 22 and 23.
[25]
Mr Martin Bowles PSM, DIAC, Senate Legal and Constitutional Affairs
Legislation Committee, Supplementary Estimates 2012-13, Committee Hansard,
15 October 2012, p. 99.
[26]
Mr Ken Douglas, DIAC, Committee Hansard, 23 November 2012, p. 31.
[27]
Mr Ken Douglas, DIAC, Committee Hansard, 23 November 2012, pp
36-37.
[28]
Dr Gillian Singleton, The Royal Australian College of General
Practitioners, Committee Hansard, 23 November 2012, p. 4.
[29]
See, for example, Associate Professor Karen Zwi, The Royal Australasian
College of Physicians, Committee Hansard, 23 November 2012, p. 7,
regarding recommendations in relation to child and youth health and
guardianship of unaccompanied minors.
[30]
See Dr Gillian Singleton, The Royal Australian College of General
Practitioners, Committee Hansard, 23 November 2012, p. 3, referring
to DeHAG recommendations in relation to general and pediatric health screening
in offshore facilities.
[31]
See Professor Louise Newman, The Royal Australian and New Zealand College
of Psychiatrists, Committee Hansard, 23 November 2012, discussing the
lack of defined capacity for DeHAG to review actions taken in relation to
recommendations.
[32] In an answer
to a question on notice, DIAC indicated that the organisations invited to
provide nominations for membership on IHAG include: The Royal Australian
College of General Practitioners, The Royal Australian and New Zealand College
of Psychiatrists, the Australian Psychological Society, The Royal Australian
College of Physicians, the Australian College of Nursing, and the Australian
Medical Association (DIAC, answer to question on notice, received 29
November 2012, p. 3).
DISSENTING REPORT BY THE AUSTRALIAN GREENS
[1]
Independent group of health experts representing key Australian health
and mental health professional organisations, Submission 12, p.
1.
[2]
Ms Tamara Lions, Amnesty International Australia, Committee Hansard,
23 November 2012, p. 13.
[3] Committee Hansard, 23 November
2012, pp 4-5.
[4] Submission
12, p. 1.
[5] Committee
Hansard, 23 November 2012, p. 35.
[6] Committee Hansard, 23 November
2012, p. 3.
[7]
Professor Louise Newman, The Australian and New Zealand College of
Psychiatrists, Committee Hansard, 23 November 2012, p. 10; Australian
Human Rights Commission, Submission 18, p. 4; Australian Medical
Association, Submission 20, p. 6.
[8]
Mr Ken Douglas, Department of Immigration and Citizenship, Committee
Hansard, 23 November 2012, p. 39.
[9]
Dr Choong-Siew Yong, Australian Medical Association, Committee
Hansard, 23 November 2012, p. 8; Dr Gillian Singleton, The Royal
Australian College of General Practitioners, Committee Hansard, 23
November 2012, p. 8; Ms Tamara Lions,
Amnesty International Australia, Committee Hansard, 23
November 2012, p. 13.
[10] Committee
Hansard, 23 November 2012, p. 9.
[11] Committee
Hansard, 23 November 2012, p. 20.