25th Jun 2015, 5:24 PM – Senate Migration Amendment (Regional Processing Arrangements) Bill 2015 - in Committee - Mandatory reporting of abuse

The majority voted against two amendments introduced by Greens Senator Sarah Hanson-Young (SA), which means it was unsuccessful.

What did the amendments do?

Senator Hanson-Young explained the amendments like this:

These amendments provide that child abuse and assault inside detention facilities, when it occurs, would have to be reported to the police—both the Federal Police and the local police at the location of the facility—and, of course, to the department. They are basic mandatory reporting requirements. They mean that, for any staff member engaged in these facilities or any person who is contracted by the Commonwealth or subcontracted by another contractor, if you work inside the facility and you see child abuse, you must report it.

Amendment text

Amendment (8):

(8) Page 4 (after line 5), at the end of the Bill (after proposed Schedule 2), add:

Schedule 3—Mandatory reporting of abuse

Migration Act 1958

1 After section 197BA

Insert:

197BAA Mandatory reporting of reportable assaults

(1) If a designated person believes on reasonable grounds that a person has experienced, or is experiencing, a reportable assault, the designated person must, as soon as practicable, notify the relevant authorities of:

(a) the alleged assault; and

(b) the grounds on which the person has formed the belief that the alleged assault occurred.

Offence

(2) A person commits an offence if:

(a) the person is required to make a notification under subsection (1); and

(b) the person fails to comply with the requirement.

Penalty: 60 penalty units.

Geographical jurisdiction

(3) Section 15.3 of the Criminal Code (extended geographical jurisdiction—category C) applies to an offence against subsection (2).

Interpretation

(4) In this section:

designated person means:

(a) an authorised officer; and

(b) a person appointed or employed by, or for the performance of services for:

(i) the Commonwealth, a State or a Territory; or

(ii) an authority of the Commonwealth, a State or a Territory; and

(c) a person employed by another person or body that is contracted by the Commonwealth, or an authority of the Commonwealth, to perform services in relation to an immigration detention facility.

relevant authority means:

(a) in any case—the Department and the Australian Federal Police; and

(b) if:

(i) the victim of an alleged reportable assault is a child; and

(ii) the alleged assault occurs in a State or Territory;

a relevant authority of the State or Territory that has functions relating to child safety; and

(c) if:

(i) the victim of an alleged reportable assault is a child; and

(ii) the alleged assault occurs in a foreign country;

a police force of the foreign country.

reportable assault means any of the following, to the extent that they occur, or allegedly occur, in an immigration detention facility:

(a) unlawful sexual contact;

(b) sexual harassment;

(c) unreasonable use of force;

(d) any other assault.

Amendment (2):

(2) Clause 2, page 2, at the end of the table, after proposed table item 3, add:

4. Schedule 3 Immediately after the commencement of Schedule 1 to the Migration Amendment (Maintaining the Good Order of Immigration Detention Facilities) Act 2015.