Division
Richard Marles by leave—I move opposition amendments (1) to (11), as circulated in my name, together: (1) Schedule 1, item 5, page 4 (after line 1), after the heading to Division 7B, insert: Subdivision A—Maintaining the good order etc. of immigration detention facilities (2) Schedule 1, item 5, page 4 (lines 4 to 6), omit "such reasonable force against any person or thing, as the authorised officer reasonably believes is necessary,", substitute "such force against any person or thing as is necessary and reasonable". (3) Schedule 1, item 5, page 4 (lines 11 to 13), omit "such reasonable force as the authorised officer reasonably believes is necessary under that subsection", substitute "under that subsection such force as is necessary and reasonable". (4) Schedule 1, item 5, page 5 (lines 7 and 8), omit "the authorised officer reasonably believes is necessary", substitute "is necessary and reasonable". (5) Schedule 1, item 5, page 5 (after line 14), after subsection (5), insert: (5A) An authorised officer must not use force against a person under subsection (1) except: (a) as a measure of last resort, taking into account other available alternatives such as negotiation and de-escalation; and (b) for the shortest amount of time that is necessary. (5B) An authorised officer must not use force against a person under subsection (1): (a) in a way that amounts to: (i) cruel, inhuman or degrading treatment; or (ii) punishment; or (b) if the force is beyond that which is necessary and reasonablein the circumstances, including: (i) force where none is needed; (ii) more force than is needed; (iii) force, or a level of force, that continues after the necessity for it has ended; (iv) a knowingly wrongful use of force. (5C) An authorised officer must not exercise the power under subsection (1) to move a detainee within an immigration detention facility unless: (a) an authorised officer has requested the detainee to move to another part of the facility; and (b) the request is made
House of Representatives, 2015-05-13. negative: ayes 50, noes 82.
Question
Richard Marles by leave—I move opposition amendments (1) to (11), as circulated in my name, together: (1) Schedule 1, item 5, page 4 (after line 1), after the heading to Division 7B, insert: Subdivision A—Maintaining the good order etc. of immigration detention facilities (2) Schedule 1, item 5, page 4 (lines 4 to 6), omit "such reasonable force against any person or thing, as the authorised officer reasonably believes is necessary,", substitute "such force against any person or thing as is necessary and reasonable". (3) Schedule 1, item 5, page 4 (lines 11 to 13), omit "such reasonable force as the authorised officer reasonably believes is necessary under that subsection", substitute "under that subsection such force as is necessary and reasonable". (4) Schedule 1, item 5, page 5 (lines 7 and 8), omit "the authorised officer reasonably believes is necessary", substitute "is necessary and reasonable". (5) Schedule 1, item 5, page 5 (after line 14), after subsection (5), insert: (5A) An authorised officer must not use force against a person under subsection (1) except: (a) as a measure of last resort, taking into account other available alternatives such as negotiation and de-escalation; and (b) for the shortest amount of time that is necessary. (5B) An authorised officer must not use force against a person under subsection (1): (a) in a way that amounts to: (i) cruel, inhuman or degrading treatment; or (ii) punishment; or (b) if the force is beyond that which is necessary and reasonablein the circumstances, including: (i) force where none is needed; (ii) more force than is needed; (iii) force, or a level of force, that continues after the necessity for it has ended; (iv) a knowingly wrongful use of force. (5C) An authorised officer must not exercise the power under subsection (1) to move a detainee within an immigration detention facility unless: (a) an authorised officer has requested the detainee to move to another part of the facility; and (b) the request is made
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