Division
Richard Marles The Migration Amendment (Maintaining the Good Order of Immigration Detention Facilities) Bill 2015 seeks to define and regulate the use of force in detention facilities by amending the Migration Act 1958. The use of force in facilities such as Villawood and Maribyrnong is currently undefined and unregulated by any statute and therefore operates under the common law. Labor supports the general intent of this bill, however we have a number of concerns regarding the specific provisions of it. These concerns are shared by the Australian Human Rights Commission, which provided a comprehensive submission to the Senate inquiry into this bill which is currently underway. The Human Rights Commission submission makes nine recommendations which seek to address its concerns with the bill and Labor is now proposing to move amendments to the bill to give effect to those recommendations. At the outset, let me say that, in the event these amendments do not pass, Labor will not be in a position to support the bill. I do say again, however, that Labor supports the underlying premise of this bill: to put in place a legislative framework for the use of reasonable force in detention facilities rather than allowing the use of force to continue to operate under the common law. Operating under the common law means that the officers employed in detention centres, either as Commonwealth employees or as employees of detention service providers, have the same common law powers to deal with public order disturbances as do private citizens. It is considered undesirable, both by the government and by the staff working in the detention facilities, for reliance on the common law to continue. The fundamental problem with using the common law in this context is that it is very difficult to determine, at the time the decision on whether to use force or not has to be made, whether it is reasonable in the circumstances. Often the answer to that question only becomes apparent after the eve
House of Representatives, 2015-05-13. affirmative: ayes 81, noes 52.
Question
Richard Marles The Migration Amendment (Maintaining the Good Order of Immigration Detention Facilities) Bill 2015 seeks to define and regulate the use of force in detention facilities by amending the Migration Act 1958. The use of force in facilities such as Villawood and Maribyrnong is currently undefined and unregulated by any statute and therefore operates under the common law. Labor supports the general intent of this bill, however we have a number of concerns regarding the specific provisions of it. These concerns are shared by the Australian Human Rights Commission, which provided a comprehensive submission to the Senate inquiry into this bill which is currently underway. The Human Rights Commission submission makes nine recommendations which seek to address its concerns with the bill and Labor is now proposing to move amendments to the bill to give effect to those recommendations. At the outset, let me say that, in the event these amendments do not pass, Labor will not be in a position to support the bill. I do say again, however, that Labor supports the underlying premise of this bill: to put in place a legislative framework for the use of reasonable force in detention facilities rather than allowing the use of force to continue to operate under the common law. Operating under the common law means that the officers employed in detention centres, either as Commonwealth employees or as employees of detention service providers, have the same common law powers to deal with public order disturbances as do private citizens. It is considered undesirable, both by the government and by the staff working in the detention facilities, for reliance on the common law to continue. The fundamental problem with using the common law in this context is that it is very difficult to determine, at the time the decision on whether to use force or not has to be made, whether it is reasonable in the circumstances. Often the answer to that question only becomes apparent after the eve
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