Chapter 1 - Introduction
[1]
Selection of Bills Committee, Report No. 11 of 2017, September
2017, Appendix 4.
[2]
The Hon. Peter Dutton MP, Minister for Immigration and Border
Protection, House of Representatives Hansard, 13 September 2017, p.
10181.
[3]
Explanatory Memorandum, Migration Amendment (Prohibiting Items in
Immigration Detention Facilities) Bill 2017, (Explanatory Memorandum), p. 2.
[4]
Explanatory Memorandum, p. 2.
[5]
Migration Amendment (Prohibiting Items in Immigration Detention
Facilities) Bill 2017, proposed (the bill), ss. 251A(2).
[6]
Subsection 251A(1) of the bill.
[7]
Explanatory Memorandum, p. 6.
[8]
Section 251A of the bill.
[9]
Explanatory Memorandum, p. 6.
[10]
Explanatory Memorandum, p. 6.
[11]
Explanatory Memorandum, p. 7.
[12]
Explanatory Memorandum, p. 7.
[13]
Migration Act 1958, ss. 252(2).
[14]
Paragraph 252(2)(c) of the bill.
[15]
Explanatory Memorandum, p. 14.
[16]
Explanatory Memorandum, p. 14.
[17]
Explanatory Memorandum, p. 14.
[18]
Explanatory Memorandum, p. 15; Subsection 252BA(6) of the bill.
[19]
Explanatory Memorandum, p. 15.
[20]
Explanatory Memorandum, p. 14.
[21]
Explanatory Memorandum, p. 3.
[22]
Explanatory Memorandum, p. 11, pp. 14–15, pp. 19–20.
[23]
Migration Act 1958, ss. 252A(1).
[24]
Explanatory Memorandum, pp. 12–13.
[25]
Explanatory Memorandum, p. 9, pp. 16–17.
[26]
Explanatory Memorandum, p. 3.
[27] Parliamentary
Joint Committee on Human Rights (PJCHR), Human Rights Scrutiny Report 11 of 2017,
October 2017, pp. 19–34; Scrutiny of Bills Committee, Scrutiny Digest
12 of 2017, October 2017, pp. 38–43.
[28]
PJCHR, Human Rights
Scrutiny Report 11 of 2017, October 2017, p. 23.
[29]
PJCHR, Human Rights
Scrutiny Report 11 of 2017, October 2017, p. 27.
[30]
PJCHR, Human Rights
Scrutiny Report 11 of 2017, October 2017, p. 25.
[31]
PJCHR, Human Rights
Scrutiny Report 11 of 2017, October 2017, p. 31.
[32]
PJCHR, Human Rights
Scrutiny Report 11 of 2017, October 2017, p. 33.
[33]
PJCHR, Human Rights
Scrutiny Report 11 of 2017, October 2017, p. 33.
[34]
Scrutiny of Bills
Committee, Scrutiny Digest 12 of 2017, October 2017, p. 40.
[35]
Scrutiny of Bills
Committee, Scrutiny Digest 12 of 2017, October 2017, p. 40.
[36]
Scrutiny of Bills
Committee, Scrutiny Digest 12 of 2017, October 2017, p. 42.
[37]
Scrutiny of Bills
Committee, Scrutiny Digest 12 of 2017, October 2017, p. 42.
[38]
Scrutiny of Bills
Committee, Scrutiny Digest 12 of 2017, October 2017, p. 43.
[39]
Scrutiny of Bills
Committee, Scrutiny Digest 12 of 2017, October 2017, p. 43.
[40]
The committee's website can be found at www.aph.gov.au/Parliamentary_Business/Committees/Senate/Legal_and_Constitutional_Affairs.
[41] See Ms
Judith Worrall, Submission 74; Mr Freddie K.Y. Leong, Submission 75;
Ms Gillian Blair, Submission 76;
Dr Cecily Mason, Submission 77; and Ms Penny Jerrim,
Submission 78.
Chapter 2 - Key issues
[1]
Department of Immigration and Border Protection (the department), Submission
44, p. 4.
[2]
The Hon. Peter Dutton MP, Minister for Immigration and Border
Protection, House of Representatives Hansard, 13 September
2017, p. 10180.
[3]
The statistics were current as at 30 September 2017.
[4]
Mr Kingsley Woodford‑Smith, Assistant Commissioner, Detention and
Offshore Operations Command, the department, Committee Hansard,
27 October 2017, p. 29.
[5]
Mr Woodford‑Smith, Committee Hansard, 27 October 2017, p.
29.
[6]
Mr Woodford-Smith, Committee Hansard, 27 October 2017, p. 30.
[7]
Mr Woodford-Smith, Committee Hansard, 27 October 2017, p. 34.
[8]
Mr Woodford-Smith, Committee Hansard, 27 October 2017, p. 36.
[9]
Mr Woodford-Smith, Committee Hansard, 27 October 2017, p. 36.
[10]
Submission 44, p. 3.
[11]
Submission 44, p. 4.
[12]
See for example, Australian Human Rights Commission (AHRC), Submission 11,
p. 7; Hunter Asylum Seeker Advocacy, Submission 47, p. 2; Brigidine
Asylum Seeker Project, Submission 48, p. 4; National Justice
Project, Submission 58, p. 2; Ms Christine Bourke and
Mr Michael Chalmers, Submission 60, p. 2; Asylum Seeker
Resource Centre (ASRC), Submission 80, paragraph 20.
[13]
Submission 80, paragraph 28.
[14]
Mr Woodford-Smith, Committee Hansard, 27 October 2017, p. 29.
[15]
The department, answers to questions on notice, 27 October 2017
(received 6 November 2017), p. 6.
[16]
Explanatory Memorandum, Migration Amendment (Prohibiting Items in
Immigration Detention Facilities) Bill 2017 (Explanatory Memorandum), p. 6.
[17]
See for example, Legal Aid New South Wales (Legal Aid NSW), Submission
49, pp. 4–5; Law Council of Australia (Law Council), Submission 64,
pp. 9–10; Ms Katie Wrigley,
Senior Solicitor, Civil Law Division, Government Law Team, Legal
Aid NSW, Committee Hansard, 27 October 2017, p. 15.
[18]
Ms Fiona McLeod SC, President, Law Council, Committee Hansard,
27 October 2017, p. 5; Legal Aid NSW, Submission 49, p. 5.
[19]
Ms Pip de Veau, First Assistant Secretary, Legal Division, the department,
Committee Hansard, 27 October 2017, p. 32.
[20]
Submission 64, p. 9.
[21]
Ms De Veau, Committee Hansard, 27 October 2017, pp.
24–25.
[22]
See for example, Combined Refugee Action Group, Submission 30, p.
1; Brigidine Asylum Seeker Project, Submission 48, p. 6; Refugee Advice
and Casework Service (RACS), Submission 50, p.1; Kaldor Centre for
International Refugee Law (Kaldor Centre), Submission 52, pp. 2–3;
New South Wales Council for Civil Liberties (NSW Council for Civil Liberties),
Submission 54, p. 4; Refugee Council of Australia (Refugee Council),
Submission 55, pp. 2–3; Refugee Legal, Submission 69, pp.
4–5;
[23]
Submission 69, p. 4.
[24]
See for example, Supporting Asylum Seekers Sydney (SASS), Submission 21;
Liberty Victoria, Submission 25, p. 4; Refugee Advice & Casework
Service (RACS), Submission 50, pp.2–4; Kaldor Centre, Submission 52,
p. 3; National Justice Project, Submission 58, p. 2; Amnesty
International, Submission 62, pp. 1–2; Castan Centre for Human Rights
Law at Monash University (Castan Centre), Submission 79, p. 2.
[25]
Submission 50, p. 4.
[26]
Legal Aid NSW, Submission 49, pp. 3–6; Castan Centre, Submission
79, p. 3, p. 5, p. 7.
[27]
Submission 11, p. 4.
[28]
Mr Edward Santow, Human Rights Commissioner, AHRC, Committee Hansard,
27 October 2017, p. 23.
[29]
Ms de Veau, Committee Hansard , 27 October 2017, pp. 27–28.
[30]
The department, answers to questions on notice, 27 October 2017 (received
6 November 2017), pp. 6–7.
[31]
Ms de Veau, Committee Hansard, 27 October 2017, p. 29.
[32]
RACS, Submission 50, p 1; Refugee Legal, Submission 69, p. 5.
[33]
National Justice Project, Submission 58, p. 3; Law Council, Submission
64, pp. 9‑ 10; Ms Fiona McLeod SC, Law Council, Committee
Hansard, 27 October 2017, p. 5; Mr Paul Power, Refugee Council, Committee
Hansard, 27 October 2017, p. 12.
[34]
Mr Power, Chief Executive Officer, Refugee Council, Committee Hansard,
27 October 2017, p. 12.
[35]
National Justice Project, answers to question on notice, 27 October 2017
(received 3 November 2017), pp. 2–3.
[36]
Ms de Veau, Committee Hansard, 27 October 2017, p. 35.
[37]
The department, answers to questions on notice, 27 October 2017
(received 6 November 2017), p. 6.
[38]
Explanatory Memorandum, p. 2.
[39]
See for example, Federation of Ethnic Communities’ Councils of Australia
and the Settlement Council of Australia, Submission 1, p. 2; SASS,
Submission 21, p. 3; Ms Jackie Mayers, Submission 43,
p. 2; Brigidine Asylum Seeker Project, Submission 48, p. 5; Immigration
Advice and Rights Centre, Submission 51, pp. 4–5, Refugee Legal, Submission
69, p. 6.
[40]
See for example, Liberty Victoria, Submission 25, pp. 2–4; Legal
Aid NSW, Submission 49, pp. 6–7; RACS, Submission 50, pp.
2–3; Kaldor Centre, Submission 52, pp. 4–5; NSW Council for Civil
Liberties, Submission 54, pp. 4–6; National Justice Project, Submission 58,
p. 4; Refugee Legal, Submission 69, pp. 5–6.
[41]
See Dr Sangeetha Pillai, Senior Research Associate, Kaldor Centre, Committee Hansard,
27 October 2017, p. 3.
[42]
Submission 60, p. 3.
[43]
Submission 69, p. 6.
[44]
Submission 55, p. 3.
[45]
Submission 50, pp. 2–3.
[46]
Submission 69, p. 6.
[47]
Ms de Veau, Committee Hansard, 27 October 2017, p. 25.
[48]
Submission 50, p. 2.
[49]
Submission 64, p. 8.
[50]
Dr Sangeetha Pillai, Senior Research Associate, Kaldor Centre, Committee Hansard,
27 October 2017, p. 3.
[51]
Mr Woodford-Smith, Committee Hansard, 27 October 2017, pp. 25–26.
[52]
Submission 44, p. 5.
[53]
The department, answers to questions on notice, 27 October 2017
(received 6 November 2017), p. 13.
[54]
See for example, AHRC, Submission 11, pp 9–11; Legal Aid NSW, Submission
49, pp. 6–7; Refugee Council, Submission 55, p. 3; ASRC, Submission
80, pp. 7–8; Mr Prince, Law Council, Committee Hansard,
27 October 2017, p. 8.
[55]
Submission 11, p. 10.
[56]
Ms Wrigley, Committee Hansard, 27 October 2017, p. 10.
[57]
Mr David Prince, Chair, Migration Law Committee, Law Council, Committee
Hansard, 27 October 2017, p. 6.
[58]
See for example, Mr Gerald Grove-White, Submission 13, pp. 3–4;
SASS, Submission 21, pp. 5–6; Dr Graeme and Mrs Susan Swincer, Submission
66, p. 2; Ms Christine Wang, Ms Isobel Blomfield, Ms Sarah Easy, Ms
Christine Maibom, Mr Adrian Vipond, Ms Zoe Stojanovic-Hill, Submission
68, pp. 2–3; ASRC, Submission 80, p. 13.
[59]
Ms de Veau and Mr Woodford-Smith, the department, Committee Hansard,
27 October 2017, pp. 34–35.
[60]
Submission 21, p. 6.
[61]
Submission 21, p. 5.
[62]
Submission 44, p. 7.
[63]
Mr Woodford-Smith, Committee Hansard, 27 October 2017, p. 35.
[64]
Submission 44, pp. 6–7.
[65]
Explanatory Memorandum, p. 6.
[66]
Submission 44, p. 7.
[67]
Submission 64, p. 12.
[68]
Ms de Veau, Committee Hansard, 27 October 2017, p. 31.
[69]
See for example, Liberty Victoria, Submission 25, p. 2; RACS,
Submission 50, p. 4; ASRC, Submission 80, p. 9.
[70]
Submission 69, p. 7.
[71]
Submission 80, p. 9.
[72]
Explanatory Memorandum, p. 3.
[73]
Submission 55, p. 5.
[74]
See for example, Legal Aid NSW, Submission 49, pp. 7–8; Refugee
Council, Submission 55, p. 5; Refugee Legal, Submission 69,
p. 7; Mr Prince, Law Council, Committee Hansard,
27 October 2017, p. 6.
[75]
The department, answers to questions on notice, 27 October 2017
(received 6 November 2017), p. 3.
[76]
See for example, Ms Penny Jerrim, Submission 78, p. 1.
[77]
Submission 80, p. 9.
[78]
Mr Prince, Committee Hansard, 27 October 2017, p. 6.
[79]
Mr Prince, Committee Hansard, 27 October 2017, p. 9.
[80]
Submission 64, p. 16.
[81]
Submission 25, p. 5.
[82]
NSW Council for Civil Liberties, Submission 54, p. 7.
[83]
Submission 44, p. 9.
[84]
Ms de Veau, Committee Hansard, 27 October 2017, p. 36.
[85]
Submision 51, p. 6.
[86]
Submission 80, p. 9; see also Law Council, Submission 64, p.
15.
[87]
Law Council, Submission 64, p. 15; Kaldor Centre, Submission
52, p. 5.
[88]
Mr Santow, Committee Hansard, 27 October 2017, p. 20.
[89]
Submission 11, pp. 12–13.
[90]
AHRC, answers to question on notice, 27 October 2017 (received
3 November 2017).
[91]
The department, answers to questions on notice, 27 October 2017
(received 6 November 2017), pp. 9–10.
[92]
The department, answers to questions on notice, 27 October 2017
(received 6 November 2017), p. 10.
[93]
See for example, Law Council, Submission 64, p. 5; Ms McLeod SC,
Law Council, Committee Hansard, 27 October 2017, p. 1; Mr Khanh
Hoang, Kaldor Centre, Committee Hansard, 27 October 2017,
p. 2;
[94]
Submission 64, p. 5.
[95]
Submission 11, p. 5.
[96]
Legal Aid NSW, Submission 49, pp. 3–4.
[97]
Ms McLeod SC, Committee Hansard, 27 October 2017, p. 3.
[98]
Dr Pillai, Committee Hansard, 27 October 2017, p. 5.
[99]
Australian Human Rights Commission, Submission 11, p. 5.
Labor Party Senators' Dissenting Report
[1]
See for example, Refugee Advice and Casework Service (RACS), Submission
50, p. 1; Kaldor Centre for International Refugee Law (Kaldor Centre),
Submission 52, p. 2.
[2]
Rural Australian for Refugees, Submission 26, p. 2.
[3]
Rural Australian for Refugees, Submission 26, p. 4.
[4]
Australian Human Rights Commission (AHRC), Submission 11, p. 8.
[5]
Law Council of Australia (Law Council), Submission 64, p. 9.
[6]
AHRC, Submission 11, pp. 8–9.
[7]
Rural Australians for Refugees, Submission 26, p. 5.
[8]
Rural Australians for Refugees, Submission 26, p. 4; Refugee
Council of Australia (Refugee Council), Submission 55, p. 6.
[9]
Law Council, Submission 64, pp. 9–10; Mr Paul Power,
Refugee Council, Committee Hansard, 27 October 2017,
p. 12.
[10]
Ms Pip de Veau, Committee Hansard, 27 October 2017, p. 29.
[11]
Australian Lawyers for Human Rights (ALHR), Submission 34, p.
3.
[12]
Legal Aid New South Wales, Submission 49, p. 3.
[13]
Law Council, Submission 64, p. 10.
[14]
Amnesty International, Submission 62, p. 4.
[15]
Ms Fiona McLeod SC, Law Council, Committee Hansard,
27 October 2017, p. 1.
[16]
Kaldor Centre, Submission 52, pp. 4–5; Refugee Council, Submission
55, p. 3.
[17]
Refugee Council, Submission 55, p. 3.
[18]
Refugee Council, Submission 55, p.
[19]
Legal Aid New South Wales, Submission 49, pp. 6–7.
[20]
Refugee Legal, Submission 69, p. 6.
[21]
Refugee Legal, Submission 69, p. 6.
[22]
RACS, Submission 50, p. 2.
[23]
Rural Australians for Refugees, Submission 26, p. 3.
[24]
Law Council, Submission 64, p. 12.
[25]
AHRC, Submission 11, p. 4.
[26]
Australian Lawyers for Human Rights (ALHR), Submission 34, p.
3.
[27]
Law Council, Submission 64, p. 12.
[28]
Refugee Legal, Submission 69, p. 2.
[29]
Law Council, Submission 64, p. 9.
[30]
Law Council, Submission 64, p. 14.
[31]
Law Council, Submission 64, p. 15.
[32]
Rural Australians for Refugees, Submission 26, p. 4.
[33]
Law Council, Submission 64, p. 16.
Australian Greens Dissenting Report
[1]
Explanatory Memorandum, Migration Amendment (Prohibiting Items in
Immigration Detention Facilities) Bill 2017, p. 3.
[2]
The Hon. Peter Dutton MP, Minister for Immigration and Border
Protection, House of Representatives Hansard, 13 September 2017, p.
10180.
[3]
Mr David Prince, Law Council of Australia, Committee Hansard, 27
October 2017, p. 4.
[4]
Australian Human Rights Commission, Submission 11, p. 7.
[5]
Refugee Advice and Casework Service, Submission 50, p. 1.
[6]
Asylum Seeker Resource Centre, Submission 80, p. 6.
[7]
Refugee Advice and Casework Service, Submission 50, p. 2.
[8]
Law Council of Australia, Submission 64, p. 14.
[9]
Combined Refugee Action Group, Submission 30, p. 1.