Summary

Edit

The majority voted against an amendment proposed by Greens Senator Sarah Hanson-Young.

This amendment would require that the Immigration Minister consider the Australian national interest and obligations under international law. Additionally, this amendment would require that asylum seekers will:

  • be treated in a manner consistent with human rights standards under international law
  • have appropriate accommodation
  • have access to appropriate physical and mental health services
  • have access to educational and vocational training programs
  • be provided with assistance in preparing any asylum claim or visa application
  • be able to appeal asylum claim or visa application decisions

This amendment would also require that the protection and welfare arrangements in place in the processing country are monitored by a body consisting of representatives of Australia and the country.

Someone who votes aye for this amendment supports these measures. The majority voted no to this amendment, so it was unsuccessful.

Background to the bill

This bill was originally introduced in the House of Representatives as the Migration Legislation Amendment (Offshore Processing and Other Measures) Bill 2011. It was drafted in response to the High Court's judgement in Plaintiff M70/2011 v Minister for Immigration and Citizenship () HCA 32, which put an end to the Labor Government's Malaysia Solution policy.(Read more about the decision on Wikipedia here and on ABC News here. Read more about the effect of this decision on the Malaysia Solution here.)

To this end, the bill amends the Migration Act 1958 to replace the existing framework for taking offshore entry persons to another country for assessment of their claims to be refugees. The bill also replaces discretionary detention with mandatory detention for all asylum seekers at an offshore place, such as Christmas Island, and alters the Immigration (Guardianship of Children) Act 1946 in relation to making and implementing any decision to remove, deport or take a non-citizen child from Australia by overriding the guardianship obligations under that Act.

References

Votes Not passed by a modest majority

Nobody rebelled against their party.

Party Votes
Australian Greens (100% turnout) 9 Yes 0 No
Richard Di Natale Victoria Yes
Sarah Hanson-Young SA Yes
Scott Ludlam WA Yes
Christine Milne Tasmania Yes
Lee Rhiannon NSW Yes
Rachel Siewert WA Yes
Larissa Waters Queensland Yes
Peter Whish-Wilson Tasmania Yes
Penny Wright SA Yes
Australian Labor Party (73% turnout) 0 Yes 22 No
Mark Bishop WA No
Carol Brown Tasmania No
Doug Cameron NSW No
Kim Carr Victoria No
Trish Crossin NT No
Chris Evans WA No
John Faulkner NSW No
David Feeney Victoria No
Mark Furner Queensland No
Alex Gallacher SA No
Gavin Marshall Victoria No
Anne McEwen SA No
Claire Moore Queensland No
Helen Polley Tasmania No
Louise Pratt WA No
Lisa Singh Tasmania No
Ursula Stephens NSW No
Glenn Sterle WA No
Matt Thistlethwaite NSW No
Lin Thorp Tasmania No
Anne Urquhart Tasmania No
Penny Wong SA No
Catryna Bilyk Tasmania Absent
Bob Carr NSW Absent
Jacinta Collins Victoria Absent
Stephen Conroy Victoria Absent
Don Farrell SA Absent
Joe Ludwig Queensland Absent
Kate Lundy ACT Absent
Jan McLucas Queensland Absent
Nigel Scullion NT Country Liberal Party Absent
John Madigan Victoria Democratic Labor Party Yes
Stephen Parry Tasmania Deputy President No
Nick Xenophon SA Independent Yes
Liberal Party (38% turnout) 0 Yes 10 No
Christopher Back WA No
Sue Boyce Queensland No
David Bushby Tasmania No
Michaelia Cash WA No
Richard Colbeck Tasmania No
Sean Edwards SA No
Bill Heffernan NSW No
David Johnston WA No
Helen Kroger Victoria No
Dean Smith WA No
Eric Abetz Tasmania Absent
Cory Bernardi SA Absent
Simon Birmingham SA Absent
George Brandis Queensland Absent
Mathias Cormann WA Absent
Alan Eggleston WA Absent
David Fawcett SA Absent
Concetta Fierravanti-Wells NSW Absent
Mitch Fifield Victoria Absent
Gary Humphries ACT Absent
Ian Macdonald Queensland Absent
Brett Mason Queensland Absent
Marise Payne NSW Absent
Michael Ronaldson Victoria Absent
Scott Ryan Victoria Absent
Arthur Sinodinos NSW Absent
National Party (80% turnout) 0 Yes 4 No
Ron Boswell Queensland No
Bridget McKenzie Victoria No
Fiona Nash NSW No
John Williams NSW No
Barnaby Joyce Queensland Absent
John Hogg Queensland President No
Totals (65% turnout) 11 Yes – 38 No