Footnotes
Chapter 1 - Introduction and background
[1]
Journals of the Senate No.101, 24 June 2015, p. 2804.
[2]
Journals of the Senate No. 111, 7 September 2015, p. 3039.
[3]
Journals of the Senate No. 120, 13 October 2015, p. 3224.
[4]
Journals of the Senate No. 127, 23 November 2015, p. 3420.
[5]
Journals of the Senate, No. 143, 1 March 2016, p. 3858.
[6]
Jewel Topsfield, Sarah Whyte and Karuni Rompies, 'Australian officials
paid people smugglers to turn back to Indonesia, says police chief', Sydney
Morning Herald, 10 June 2015, available: http://www.smh.com.au/national/australian-officials-paid-people-smugglers-to-turn-back-to-indonesia-says-police-chief-20150609-ghk63g.html
(accessed 2 July 2015).
[7]
Jewel Topsfield, Sarah Whyte and Karuni Rompies, 'Australian officials
paid people smugglers to turn back to Indonesia, says police chief', Sydney
Morning Herald, 10 June 2015.
[8]
ABC/Reuters, 'Asylum seekers: Indonesian foreign minister wants answers
over allegations Australia paid people smugglers', ABC News, 13 June
2015, available: http://www.abc.net.au/news/2015-06-13/indonesian-fm-wants-answers-over-smuggling-pay-allegations/6544206
(accessed 2 July 2015).
[9]
The Guardian, 'Australia has hit "new low" amid claims of
payment to people smugglers', The Guardian, 13 June 2015,
available: http://www.theguardian.com/australia-news/2015/jun/13/pressure-on-abbott-over-claims-people-smugglers-were-paid-to-turn-back-boats
(accessed 2 July 2015).
[10]
George Roberts, 'Indonesian police documents detail boat turn-back and
alleged payments to people smuggling crew', ABC News, available: http://www.abc.net.au/news/2015-06-17/indonesian-documents-detail-boat-turnback-and-alleged-payments/6551472
(accessed 29 July 2015).
[11]
George Roberts, 'Indonesian police documents detail boat turn-back and
alleged payments to people smuggling crew', ABC News, available at: http://www.abc.net.au/news/2015-06-17/indonesian-documents-detail-boat-turnback-and-alleged-payments/6551472
(accessed 29 July 2015).
[12]
Cameron Stewart, 'Sinking fears sparked emergency rescue of asylum
'bribes' boat', The Australian, 17 June 2015, p. 1.
[13]
Cameron Stewart, 'Sinking fears sparked emergency rescue of asylum
'bribes' boat', The Australian, 17 June 2015, p. 1.
[14]
Cameron Stewart, 'Sinking fears sparked emergency rescue of asylum
'bribes' boat', The Australian, 17 June 2015, p. 1.
[15]
Cameron Stewart, 'Spies have form in handing cash to asylum crews', The
Australian, 18 June 2015, p. 1.
[16]
Cameron Stewart, 'Spies have form in handing cash to asylum crews', The
Australian, 18 June 2015, p. 1.
[17] See
Emma Griffiths, 'Tony Abbott, Julie Bishop and Peter Dutton refuse to answer
Opposition questions about paying people smugglers', ABC News, 15 June
2015, available at: http://www.abc.net.au/news/2015-06-15/people-smugglers-abbott-bishop-dutton-refuse-discuss-payments/6547224
(accessed 29 September 2015).
[18]
'Tony Abbott rebuffs Indonesian questions on alleged cash payments to
people smugglers', ABC News, 15 June 2015, available at: http://www.abc.net.au/news/2015-06-14/abbott-dodges-questions-again-about-boat-turn-back-claims/6544558
(accessed 20 April 2016).
[19]
Submission 9, p. 2.
[20]
Journals of the Senate No. 96, 16 June 2015, pp 2665-2666.
[21]
Journals of the Senate No. 97, 17 June 2015, p. 2680.
[22]
The Hon Peter Dutton MP, Minister for Immigration and Border Protection, Response
to Order for Production of Documents—Vessels en route to Australia, 17 June
2015, pp 2-3.
[23]
The Hon Peter Dutton MP, Minister for Immigration and Border Protection, Response
to Order for Production of Documents—Vessels en route to Australia, 17 June
2015, p. 3.
[24]
The Hon Peter Dutton MP, Minister for Immigration and Border Protection, Response
to Order for Production of Documents—Vessels en route to Australia, 17 June
2015, p. 3.
[25]
The Hon Peter Dutton MP, Minister for Immigration and Border Protection, Response
to Order for Production of Documents—Vessels en route to Australia, 17 June
2015, pp 3-4.
[26]
Journals of the Senate No. 99, 22 June 2015, p. 2746.
Chapter 2 - Seeking the facts
[1]
Amnesty International, By hook or by crook: Australia's abuse of
asylum seekers at sea, October 2015, provided to the committee as
additional information, received 29 October 2015.
[2]
Amnesty International, By hook or by crook: Australia's abuse of
asylum seekers at sea, additional information received 29 October 2015, pp
14-20.
[3]
Dr Graham Thom, Committee Hansard, 5 February 2016, p. 13.
[4]
Ms Stephanie Cousins, Committee Hansard, 5 February 2016, p. 10.
[5]
Dr Graham Thom, Committee Hansard, 5 February 2016, p. 13.
[6]
Amnesty International, By hook or by crook: Australia's abuse of
asylum seekers at sea, additional information received 29 October 2015, p.
18.
[7]
Amnesty International, By hook or by crook: Australia's abuse of
asylum seekers at sea, additional information received 29 October 2015, pp
18-19.
[8]
Dr Graham Thom, Committee Hansard, 5 February 2016, p. 13.
[9]
Amnesty International, By hook or by crook: Australia's abuse of
asylum seekers at sea, additional information received 29 October 2015, p.
21.
[10]
Ms Stephanie Cousins, Committee Hansard, 5 February 2016, p. 11.
[11]
Dr Graham Thom, Committee Hansard, 5 February 2016, p. 16.
[12]
Ms Stephanie Cousins, Committee Hansard, 5 February 2016, p. 11.
[13]
Ms Stephanie Cousins, Committee Hansard, 5 February 2016, p. 11.
[14]
Operation Sovereign Borders Joint Agency Task Force, Submission 9,
p. 2.
[15]
Major-General Andrew Bottrell, Committee Hansard, 5 February 2016,
p. 24.
[16]
Major-General Andrew Bottrell, Committee Hansard, 5 February 2016,
p. 26.
[17]
Major-General Andrew Bottrell, Committee Hansard, 5 February 2016,
p. 23.
[18]
Major-General Andrew Bottrell, Committee Hansard, 5 February 2016,
p. 32.
[19]
Major-General Andrew Bottrell, Committee Hansard, 5 February 2016,
p. 32.
[20]
Mr Michael Pezzullo, Committee Hansard, 5 February 2016, p. 28.
[21]
Major-General Andrew Bottrell, Committee Hansard, 5 February 2016,
p. 27.
[22]
Mr Michael Pezzullo, Committee Hansard, 5 February 2016, p. 28.
[23]
Major-General Andrew Bottrell, Committee Hansard, 5 February 2016,
p. 30.
[24]
Mr Michael Pezzullo, Committee Hansard, 5 February 2016, p. 30.
[25]
Ms Marg Hutton, Submission 4; Ms Marilyn Shepherd, Submission
12.
[26]
Ms Marg Hutton, Submission 4, p. 1 (internal footnotes removed).
[27]
Ms Marg Hutton, Submission 4, p. 3.
[28]
Amnesty International, By hook or by crook: Australia's abuse of asylum
seekers at sea, additional information received 29 October 2015, p.
40.
[29]
Amnesty International, By hook or by crook: Australia's abuse of asylum
seekers at sea, additional information received 29 October 2015, pp 28-29.
[30]
Amnesty International, By hook or by crook: Australia's abuse of asylum
seekers at sea, additional information received 29 October 2015, p. 28
[31]
Amnesty International, By hook or by crook: Australia's abuse of asylum
seekers at sea, additional information received 29 October 2015, p. 25.
[32]
Amnesty International, By hook or by crook: Australia's abuse of asylum
seekers at sea, additional information received 29 October 2015, pp 26-27.
[33]
Amnesty International, By hook or by crook: Australia's abuse of asylum
seekers at sea, additional information received 29 October 2015, pp 27-28.
[34]
Ms Stephanie Cousins, Committee Hansard, 5 February 2016, p. 11.
[35]
Ms Stephanie Cousins, Committee Hansard, 5 February 2016, p. 11.
Chapter 3 - The legal and policy implications of paying people-smugglers
[1]
Andrew & Renata Kaldor Centre for International Refugee Law (Kaldor
Centre), Submission 3, p. 7; Law Council of Australia (LCA), Submission
5, p. 2.
[2]
Civil Liberties Australia (CLA), Submission 2, [p. 7].
[3]
CLA, Submission 2, [p. 7].
[4]
LCA, Submission 5, p. 2. See also Refugee & Immigration Legal
Centre (RILC),
Submission 11, p. 2.
[5]
Professor Ben Saul, Submission 1, pp 1-2 (internal citations
omitted).
[6]
Professor Saul, Submission 1, p. 2.
[7]
Dr Anthony Cassimatis & Ms Catherine Drummond, Submission 8,
p. 9. See also CLA, Submission 2, [p. 8].
[8]
RILC, Submission 11, p. 3.
[9]
CLA, Submission 2, [pp 7-8].
[10]
Professor Saul, Submission 1, p. 2.
[11]
RILC, Submission 11, pp 3-4.
[12]
Professor Saul, Submission 1, p. 2; CLA, Submission 2, p. 9;
LCA, Submission 5, p. 2;
Dr Cassimatis & Ms Drummond, Submission 8, p. 14; RILC, Submission
11, p. 4.
[13]
Professor Saul, Submission 1, p. 2.
[14]
LCA, Submission 5, p. 2.
[15]
CLA, Submission 2, p. 9.
[16]
Mr David Manne, Committee Hansard, 5 February 2016, pp 3-4.
[17]
Mr David Manne, Committee Hansard, 5 February 2016, p. 6.
[18]
Professor Saul, Submission 1, p. 4; LCA, Submission 5,
p. 3; Kaldor Centre, Submission 3, p. 8.
[19]
Professor Saul, Submission 1, p. 4.
[20]
Kaldor Centre, Submission 3, p. 9.
[21]
Dr Cassimatis & Ms Drummond, Submission 8, p. 14.
[22]
LCA, Submission 5, p. 3.
[23]
Professor Saul, Submission 1, p. 4.
[24]
Mr Greg Hanson, Committee Hansard, 5 February 2016, p. 6.
[25]
Professor Anthony Cassimatis, Committee Hansard, 5 February 2016,
p. 5. [It is noted that Dr Cassimatis' title had changed to Professor by the
time of his appearance at the committee's public hearing.]
[26]
Dr Cassimatis & Ms Drummond, Submission 8, p. 17 (internal
citations omitted).
[27]
[2004] ATS 11; done at New York, 15 November 2000, entered into force for
Australia 26 June 2004.
[28]
[1954] ATS 5, done at Geneva, 28 July 1951, entered into force for
Australia 22 April 1954.
[29]
Migrant Smuggling Protocol, Article 2.
[30] Migrant
Smuggling Protocol, Article 3(a).
[31]
Kaldor Centre, Submission 3, p. 4. See also UnitingJustice
Australia, Submission 7, p. 3.
[32]
Dr Cassimatis & Ms Drummond, Submission 8, p. 6.
[33]
Professor Saul, Submission 1, p. 3 (underlines in original).
[34]
See: Kaldor Centre, Submission 3, pp 5-6; Professor Hilary Charlesworth,
Dr Emma Larking and Ms Jacinta Mulders, Submission 6,
p. 2; Dr Cassimatis & Ms Drummond, Submission 8, pp 6-9.
[35]
Human Rights Law Centre (HRLC), Submission 10, p. 4.
[36]
UnitingJustice Australia, Submission 7, p. 5.
[37]
Kaldor Centre, Submission 3, p. 4. See also: Professor Charlesworth,
Dr Larking and Ms Mulders, Submission 6, p. 2; UnitingJustice
Australia, Submission 7, p. 5; RILC, Submission 11, p. 9.
[38]
RILC, Submission 11, p. 8.
[39]
Professor Saul, Submission 1, p. 3. See also Dr Cassimatis & Ms
Drummond, Submission 8,
p. 5.
[40]
Professor Anthony Cassimatis, Committee Hansard, 5 February 2016,
p. 3.
[41]
Kaldor Centre, Submission 3, pp 6-7; UnitingJustice Australia, Submission 7,
p. 4; RILC, Submission 11, p. 9.
[42]
LCA, Submission 5, p. 5; Professor Charlesworth, Dr Larking and Ms
Mulders, Submission 6, p. 3
[43]
Kaldor Centre, Submission 3, pp 6-7.
[44]
Professor Charlesworth, Dr Larking and Ms Mulders, Submission 6, pp
2-3. See also RILC, Submission 11, pp 9-11.
[45]
Mr David Manne, Committee Hansard, 5 February 2016, pp 4-5.
[46]
LCA, Submission 5, pp 5-6 (internal citations omitted).
[47]
Dr Emma Larking, Committee Hansard, 5 February 2016, p. 4.
[48]
Amnesty International, By hook or by crook: Australia's abuse of asylum
seekers at sea, additional information received 29 October 2015, p. 36.
[49]
Amnesty International, By hook or by crook: Australia's abuse of asylum
seekers at sea, additional information received 29 October 2015, p. 33.
[50]
Mr Greg Hanson, Committee Hansard, 5 February 2016, p. 5.
[51]
Major-General Andrew Bottrell, Committee Hansard, 5 February 2016,
p. 24.
[52]
Major-General Andrew Bottrell, Committee Hansard, 5 February 2016,
p. 25.
[53]
Professor Anthony Cassimatis, Committee Hansard, 5 February 2016,
p. 6.
[54]
RILC, Submission 11, pp 11-12.
[55]
Dr Cassimatis & Ms Drummond, Submission 8, pp 13-14.
[56]
Major-General Andrew Bottrell, Committee Hansard, 5 February 2016,
p. 27.
[57]
Professor Saul, Submission 1, p. 3; Kaldor Centre, Submission 3,
pp 10-11; RILC, Submission 11, p. 12.
[58]
Professor Saul, Submission 1, p. 3.
[59]
Professor Saul, Submission 1, p. 5. See also Dr Cassimatis & Ms
Drummond, Submission 8, pp 17-18.
[60]
Professor Anthony Cassimatis, Committee Hansard, 5 February 2016,
p. 4.
[61]
Department of Immigration and Border Protection, answers to questions on
notice, 5 February 2016 (received 22 February 2016), p. 3.
[62]
Kaldor Centre, Submission 3, p. 11.
[63]
HRLC, Submission 10, p. 6. See also: UnitingJustice Australia, Submission
7, p. 5; Dr Cassimatis & Ms Drummond, Submission 8, p.
11.
[64]
UnitingJustice Australia, Submission 7, p. 5.
[65]
CLA, Submission 2, [p. 11].
[66]
RILC, Submission 11, pp 14-15.
[67]
Professor Saul, Submission 1, p. 5; UnitingJustice Australia, Submission
7, p. 5; HRLC, Submission 10, p. 7; RILC, Submission 11, p.
14.
[68]
Professor Saul, Submission 1, p. 5.
[69]
Mr Greg Hanson, Committee Hansard, 5 February 2016, p. 2.
[70]
Civil Liberties Australia, Submission 2, [p. 11]; RILC, Submission
11, p. 14.
[71]
RILC, Submission 11, p. 14.
[72]
UnitingJustice Australia, Submission 7, p. 6.
[73]
Professor Saul, Submission 1, p. 5; RILC, Submission 11, p.
14.
Chapter 4 - Operation Sovereign Borders: transparency and accountability
[1]
Operation Sovereign Borders Joint Agency Task Force (OSB JATF), Submission
9.
[2]
The Hon Peter Dutton MP, Minister for Immigration and Border Protection,
letter to the committee Chair, received 3 February 2016 (unpublished).
[3]
Senator Glenn Lazarus, letter to the Hon Peter Dutton MP, 4 February
2016 (unpublished).
[4]
Mr Michael Pezzullo, Committee Hansard, 5 February 2016, p. 22.
[5]
Major-General Andrew Bottrell, Committee Hansard, 5 February
2016, p. 33.
[6]
Mr Michael Pezzullo, Committee Hansard, 5 February 2016, p. 33.
[7]
Human Rights Law Centre (HRLC), Submission 10, p. 7.
[8]
Civil Liberties Australia (CLA), Submission 2, [p. 10].
[9]
Mr David Manne, Committee Hansard, 5 February 2016, p. 8.
[10]
Mr David Manne, Committee Hansard, 5 February 2016, p. 7.
[11]
Mr David Manne, Committee Hansard, 5 February 2016, p. 8.
[12]
Dr Cassimatis & Ms Drummond, Submission 8, p. 19.
[13]
UnitingJustice Australia, Submission 7, p. 6.
[14]
Mr David Manne, Committee Hansard, 5 February 2016, p. 7.
[15]
Dr Emma Larking, Committee Hansard, 5 February 2016, p. 8.
[16]
Ms Stephanie Cousins, Committee Hansard, 5 February 2016, p. 11.
[17]
Amnesty International, By hook or by crook: Australia's abuse of asylum
seekers at sea, additional information received 29 October 2015, p. 8.
[18]
Dr Graham Thom, Committee Hansard, 5 February 2016, p. 19.
[19]
Operation Sovereign Borders Joint Agency Task Force (OSB JATF), Submission
9, p. 2.
[20]
Major-General Andrew Bottrell, Committee Hansard, 5 February 2016,
p. 23.
[21]
Committee Hansard, 5 February 2016, p. 29.
[22]
Mr Michael Pezzullo, Committee Hansard, 5 February 2016, pp 29-30.
[23]
Major-General Andrew Bottrell, Committee Hansard, 5 February 2016,
p. 32.
[24]
Senator Katy Gallagher, Committee Hansard, 5 February 2016, p. 30.