Recommendations
Recommendation 1
3.6 The committee recommends, subject to
Recommendations 2, 3 and 4, that the Bill be passed.
Recommendation 2
3.10 The committee recommends that the Commonwealth
Ombudsman's suggestion that the Bill's operation should extend to cover
'situations where detainees are in transit between facilities and in other
locations' be given further serious consideration by the government.
Recommendation 3
3.11 The committee recommends that the Explanatory
Memorandum clarify the extent of the use of force under section 197BA:
- that
reasonable force must only be used as a measure of last resort. Conflict
resolution (negotiation and de-escalation) must be considered and used,
wherever practicable, before force is employed;
- that
reasonable force must be used for the shortest amount of time possible;
- that
reasonable force must not include cruel, inhuman or degrading treatment; and
- that
force must not be used for the purposes of punishment.
Recommendation 4
3.14
The committee recommends that the government remove the word 'not' from
subsection 197BA(8) of the Bill, in order to provide that a ministerial
determination made under subsection (7) is a legislative instrument.
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