Footnotes

Chapter 1 - Introduction

[1]        House of Representatives, Votes and Proceedings, No.98, 25 February 2015, p. 1133.

[2]        Journals of the Senate, No.82, 5 March 2015, p. 2257.

[3]        The Hon Peter Dutton MP, House of Representatives Hansard, 25 February 2015, p. 1.

[4]        Allan Hawke and Helen Williams, Independent Review of the incidents at the Christmas Island Immigration Detention Centre and Villawood Immigration Detention Centre, 31 August 2011, pp 12, 107.

[5]        Parliamentary Library, 'Migration Amendment (Maintaining the Good Order of Immigration Detention Facilities) Bill 2015', Bills Digest No.86 2014-15, 23 March 2015, p. 4.

[6]        Joint Select Committee on Australia's Immigration Detention Network, Final Report, March 2012, p. 226 (Coalition members' and senators' dissenting report).

[7]        Parliamentary Library, 'Migration Amendment (Maintaining the Good Order of Immigration Detention Facilities) Bill 2015', Bills Digest No.86 2014-15, 23 March 2015, pp 4-5.

[8]        The Hon Peter Dutton MP, House of Representatives Hansard, 25 February 2015, p. 1.

[9]        Explanatory Memorandum, p. 1.

[10]      The full breakdown of the detainee population at 31 January 2015 provided by the department was: 1635 illegal maritime arrivals, 54 illegal arrivals by air, 414 persons who had overstayed their visas, and 189 whose visas had been cancelled. Committee Hansard, 16 April 2015, p. 39.

[11]      Department of Immigration and Border Protection and Australian Customs and Border Protection Service, answer to question on notice (question 13) from the committee's 16 April 2015 public hearing, received 30 April 2015.

[12]      The Hon Peter Dutton MP, House of Representatives Hansard, 25 February 2015, p. 1.

[13]      Explanatory Memorandum, p. 1.

[14]      The Hon Peter Dutton MP, House of Representatives Hansard, 25 February 2015, pp 2-3.

[15]      Explanatory Memorandum, p. 13.

[16]      Explanatory Memorandum, p. 16.

[17]      Explanatory Memorandum, pp 4, 9.

Chapter 2 - Key issues

[1]        Senate Standing Committee for the Scrutiny of Bills, Alert Digest No.3 of 2015, 18 March 2015; Parliamentary Joint Committee on Human Rights, Twentieth report of the 44^th Parliament, 18 March 2015.

[2]        Journals of the Senate, No.85, 18 March 2015, p. 2326.

[3]        Journals of the Senate, No.86, 19 March 2015, p. 2349.

[4]        Senate Standing Committee for the Scrutiny of Bills, Fifth Report of 2015, 13 May 2015,
pp 355-383, and attachment (minister's letter). Tabled per Journals of the Senate, no. 93,
13 May 2015, p.  2589.

[5]        Parliamentary Joint Committee on Human Rights, Twentieth report of the 44^th Parliament, 18 March 2015, p. 17.

[6]        Ms Claire Hammerton, Committee Hansard, 16 April 2015, p. 11.

[7]        United Voice, Submission 137, p. 2.

[8]        United Voice, Submission 137, p. 2.

[9]        Professor Gillian Triggs, Committee Hansard, 16 April 2015, p. 7.

[10]      Department of Immigration and Border Protection and Australian Customs and Border Protection Service, answer to question on notice (question 35) from the committee's 16 April 2015 public hearing, received 30 April 2015.

[11]      International Health and Medical Services, Submission 12.

[12]      Dr Gabrielle Appleby, Committee Hansard, 16 April 2015, p. 12.

[13]      Mr Matthew Dunn, Committee Hansard, 16 April 2015, p. 13.

[14]      Public Law & Policy Research Unit, University of Adelaide, Submission 37, p. 4.

[15]      Conference of Leaders of Religious Institutes NSW, Submission 19, p. 1.

[16]      Amnesty International Australia, Submission 98, p. 6.

[17]      Submission 82, name withheld.

[18]      Professor Gillian Triggs, Committee Hansard, 16 April 2015, p. 3.

[19]      Law Council of Australia, answer to question on notice from the committee's 16 April 2015 public hearing, received 4 May 2015.

[20]      Department of Immigration and Border Protection and Australian Customs and Border Protection Service, answer to question on notice (question 2) from the committee's 16 April 2015 public hearing, received 30 April 2015.

[21]      Ms Philippa de Veau, Committee Hansard, 16 April 2015, p. 50.

[22]      See Department of Immigration and Border Protection and Australian Customs and Border Protection Service, answer to question on notice (question 3) from the committee's 16 April 2015 public hearing, received 30 April 2015, Attachment A.

[23]      Department of Immigration and Border Protection and Australian Customs and Border Protection Service, answer to question on notice (question 3) from the committee's 16 April 2015 public hearing, received 30 April 2015.

[24]      Committee Hansard, 16 April 2015, p. 36.

[25]      Committee Hansard, 16 April 2015, pp 36, 47-48.

[26]      Amnesty International Australia, Submission 98, p. 2 and footnote 1.

[27]      Uniting Justice, Submission 96, p. 4.

[28]      Explanatory Memorandum, p. 9.

[29]      Ms Claire Hammerton, Committee Hansard, 16 April 2015, p. 11.

[30]      Committee Hansard, 16 April 2015, p. 16.

[31]      Department of Immigration and Border Protection and Australian Customs and Border Protection Service, answer to question on notice (question 7) from the committee's 16 April 2015 public hearing, received 30 April 2015.

[32]      Committee Hansard, 16 April 2015, pp 21, 25.

[33]      Commonwealth Ombudsman, Submission 6, p. 1.

[34]      Ms Philippa de Veau, Committee Hansard, 16 April 2015, p. 40.

[35]      Department of Immigration and Border Protection and Australian Customs and Border Protection Service, answer to question on notice (question 26) from the committee's 16 April 2015 public hearing, received 30 April 2015, pp 1-2.

[36]      Public Law & Policy Research Unit, University of Adelaide, Submission 37, p. 6 (footnotes excised).

[37]      Ms Misha Coleman, Committee Hansard, 16 April 2015, p. 25.

[38]      Ms Misha Coleman, Committee Hansard, 16 April 2015, p. 32.

[39]      UN High Commissioner for Refugees, Detention Guidelines: Guidelines on the Applicable Criteria and Standards relating to the Detention of Asylum-Seekers and Alternatives to Detention, 2012, cited in Australian Human Rights Commission, Answer to question on notice (question 2) from the 16 April 2015 public hearing, received 27 April 2015, p. 2.

[40]      Dr Gabrielle Appleby, Committee Hansard, 16 April 2015, p. 17.

[41]      Australian Human Rights Commission, Answer to question on notice (question 2) from the 16 April 2015 public hearing, received 27 April 2015, pp 2-3.

[42]      Committee Hansard, 16 April 2015, pp 13-14.

[43]      United Voice, Submission 137, p. 3.

[44]      Department of Immigration and Border Protection & Australian Customs and Border Protection Service, Submission 28, p. 7.

[45]      Department of Immigration and Border Protection & Australian Customs and Border Protection Service, Submission 28, p. 8.

[46]      Department of Immigration and Border Protection and Australian Customs and Border Protection Service, answer to question on notice (question 17) from the committee's 16 April 2015 public hearing, received 30 April 2015, pp 1-2.

[47]      Department of Immigration and Border Protection and Australian Customs and Border Protection Service, answer to question on notice (question 29) from the committee's 16 April 2015 public hearing, received 30 April 2015.

[48]      Mr Michael Outram, Committee Hansard, 16 April 2015, p. 46.

[49]      Department of Immigration and Border Protection & Australian Customs and Border Protection Service, Submission 28, p. 8.

[50]      Committee Hansard, 16 April 2015, p. 43.

[51]      Department of Immigration and Border Protection and Australian Customs and Border Protection Service, answer to question on notice (question 17) from the committee's 16 April 2015 public hearing, received 30 April 2015, pp 1-2.

[52]      Claire Hammerton, Committee Hansard, 16 April 2015, p. 11.

[53]      Explanatory Memorandum, p. 13.

[54]      Law Council of Australia, Submission 30, p. 20.

[55]      Professor Gillian Triggs, Committee Hansard, 16 April 2015, p. 8.

[56]      United Voice, Submission 137, pp 3-4 and attachments.

[57]      Department of Immigration and Border Protection and Australian Customs and Border Protection Service, Submission 28, pp 10-11.

[58]      See Committee Hansard, 16 April 2015, p. 18.

[59]      Senate Standing Committee for the Scrutiny of Bills, Alert Digest No.3 of 2015, 18 March 2015, p. 27.

[60]      Department of Immigration and Border Protection and Australian Customs and Border Protection Service, answer to question on notice (question 11) from the committee's 16 April 2015 public hearing, received 30 April 2015.

[61]      Department of Immigration and Border Protection and Australian Customs and Border Protection Service, answer to question on notice (question 8) from the committee's 16 April 2015 public hearing, received 30 April 2015, p. 1.

[62]      Mr Matthew Dunn, Committee Hansard, 16 April 2015, p. 17.

[63]      Law Council of Australia, Submission 30, pp 21-22.

[64]      Department of Immigration and Border Protection and Australian Customs and Border Protection Service, answer to question on notice (question 11) from the committee's 16 April 2015 public hearing, received 30 April 2015.

[65]      Parliamentary Joint Committee on Human Rights, Twentieth report of the 44^th Parliament, 18 March 2015, p. 30.

[66]      Dr Gabrielle Appleby, Committee Hansard, 16 April 2015, p.12.

[67]      Professor Gillian Triggs, Committee Hansard, 16 April 2015, p. 2.

[68]      Department of Immigration and Border Protection and Australian Customs and Border Protection Service, answer to question on notice (question 8) from the committee's 16 April 2015 public hearing, received 30 April 2015, p. 1.

[69]      Department of Immigration and Border Protection and Australian Customs and Border Protection Service, answer to question on notice (question 8) from the committee's 16 April 2015 public hearing, received 30 April 2015, p. 1.

[70]      Dr Gabrielle Appleby, Committee Hansard, 16 April 2015, p.12.

[71]      Department of Immigration and Border Protection and Australian Customs and Border Protection Service, answer to question on notice (question 10) from the committee's 16 April 2015 public hearing, received 30 April 2015.

[72]      Department of Immigration and Border Protection and Australian Customs and Border Protection Service, answer to question on notice (question 10) from the committee's 16 April 2015 public hearing, received 30 April 2015.

[73]      Ms Victoria Martin-Iverson, Committee Hansard, 16 April 2015, p. 22.

[74]      Coalition for Asylum Seekers, Refugees and Detainees Inc, Submission 7, p. 3.

[75]      Asylum Seeker Resource Centre, Submission 26, p. 6.

[76]      Committee Hansard, 16 April 2015, pp 37-38.

[77]      UNICEF Australia, Submission 97, p. 4.

[78]      Professor Gillian Triggs, Committee Hansard, 16 April 2015, p. 2.

[79]      Public Law and Policy Research Unit, University of Adelaide, Submission 37, p. 5.

[80]      See http://www.parliament.uk/business/publications/research/briefing-papers/SN05591/ending-child-immigration-detention

[81]      Mr Michael Outram, Committee Hansard, 16 April 2015, p. 36.

[82]      Department of Immigration and Border Protection, Immigration Detention and Community Statistics Summary, 31 December 2014, p. 8.

[83]      Department of Immigration and Border Protection and Australian Customs and Border Protection Service, answer to question on notice (question 25) from the committee's 16 April 2015 public hearing, received 30 April 2015.

Chapter 3 - Committee view and recommendations

[1]        Mr Michael Outram, Committee Hansard, 16 April 2015, p. 35.

Labor Senators' dissenting report

[1]        Parliamentary Joint Committee on Human Rights, Human rights scrutiny report, Twentieth report of the 44th Parliament, 18 March 2015, p. 18.

[2]        Law Council of Australia, Submission 30, p. 3.

[3]        Law Council of Australia, answer to question on notice following the committee's public hearing of 16 April 2015, received 4 May 2015, pp 2-3.

[4]        Parliamentary Library, 'Migration Amendment (Maintaining the Good Order of Immigration Detention Facilities) Bill 2015', Bills Digest No.86 2014-15, 23 March 2015, p. 14.

[5]        Section 75 Of The Maritime Powers Act 2013 (Cth) is a similar provision to proposed section 197BF, as was the now repealed section 185(3AB) of the Customs Act 1901, but these provisions are (and were) exceptional.

[6]        Dr Gabrielle Appleby, Associate Professor, Gilbert & Tobin Centre of Public Law, UNSW, Committee Hansard, 16 April 2015, p. 12. Emphasis added.

[7]        Australian Human Rights Commission, Submission 25, p. 26.

[8]        Committee Hansard, 16 April 2015, p. 18.

[9]        Professor Gillian Triggs, Committee Hansard, 16 April 2015, p. 2.

[10]      Australian Human Rights Commission, Submission 25, p. 26.

[11]      Committee Hansard, 16 April 2015, pp 45-46.

[12]      Committee Hansard, 16 April 2015, pp 42-43.

[13]      Committee Hansard, 16 April 2015, p. 43.

[14]      Department of Immigration and Border Protection and Australian Customs and Border Protection Service, answer to question on notice no. 27 following the committee's public hearing of 16 April 2015, received 30 April 2015.

[15]      Department of Immigration and Border Protection and Australian Customs and Border Protection Service, answer to question on notice no. 29 following the committee's public hearing of 16 April 2015, received 30 April 2015, p. 1.

[16]      Ms Philippa de Veau, Committee Hansard, 16 April 2015, p. 50.

[17]      http://perthsecuritytraining.com.au/

[18]      http://www.prosystem.com.au/certificate-ii-in-security-operations-cpp20212---partial-cpp30411.html

Dissenting report by the Australian Greens

[1]        Refugee Advice and Casework Service, Submission 20, p. 5.

[2]        Subsection 197BA(8).

[3]        Asylum Seeker Resource Centre, Submission 26, pp 3-5.

[4]        Law Council of Australia, Submission 30, pp 21-22.