RECOMMENDATIONS

Recommendation 1

1.7         That the Government consider amending proposed section 4AAA of the Bill to more closely reflect its adoption of the Immigration Detention Values.

Recommendation 2

1.9         The committee recommends that existing subsection 4AAA (1)(b) be deleted and that proposed paragraph 4AAA (1)(a) be amended to read: (a) Manage the risks to the Australian community of the non-citizen entering or remaining in Australia, pending the resolution of the non-citizen’s immigration status.

Recommendation 3

1.29      That the Bill be amended to broaden the application of proposed subsection 189(1B) to impose a duty on the Department of Immigration and Citizenship to make reasonable efforts to identify any person detained within the migration zone or in an excised offshore place, to conduct character, health and security assessments, and resolve the person's immigration status in a timely fashion.

Recommendation 4

1.41      That proposed section 194A be amended to require an officer to consider a request by a detainee for a Temporary Community Access Permission.

Recommendation 5

1.51      That the Government give further consideration to implementing recommendations 13 and 14 of the Parliamentary Joint Committee on Migration's report Immigration Detention in Australia: A New Beginning.

Recommendation 6

1.56      That proposed subsection 4AA(4) be amended to require that the best interests of the child should be a primary consideration in the placement of the child's immediate family as well as the placement of the child.

Recommendation 7

1.59      That proposed section 4AA(4) be amended so that the best interests of the child be regarded by an officer as a primary consideration in where and how a child is detained (including in accordance with a residence determination).

Recommendation 8

1.65      That the Government consider amending the Bill to provide for the appointment of an independent guardian for unaccompanied minors and children housed apart from their immediate families.

Recommendation 9

1.66      That subject to the foregoing recommendations, the Bill be supported.

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