Summary

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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.

Votes Not passed by a small majority

Nobody rebelled against their party.

Party Votes
Australian Greens (100% turnout) 10 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
Janet Rice Victoria Yes
Rachel Siewert WA Yes
Larissa Waters Queensland Yes
Peter Whish-Wilson Tasmania Yes
Penny Wright SA Yes
Australian Labor Party (58% turnout) 0 Yes 14 No
Catryna Bilyk Tasmania No
Joe Bullock WA No
Kim Carr Victoria No
Alex Gallacher SA No
Katy Gallagher ACT No
Chris Ketter Queensland No
Sue Lines WA No
Joe Ludwig Queensland No
Jan McLucas Queensland No
Claire Moore Queensland No
Deborah O'Neill NSW No
Nova Peris NT No
Lisa Singh Tasmania No
Glenn Sterle WA No
Carol Brown Tasmania Absent
Doug Cameron NSW Absent
Jacinta Collins Victoria Absent
Stephen Conroy Victoria Absent
Sam Dastyari NSW Absent
Jenny McAllister NSW Absent
Anne McEwen SA Absent
Helen Polley Tasmania Absent
Anne Urquhart Tasmania Absent
Penny Wong SA Absent
Ricky Muir Victoria Australian Motoring Enthusiast Party Yes
Nigel Scullion NT Country Liberal Party Absent
Gavin Marshall Victoria Deputy President Absent
Bob Day SA Family First Party Absent
Glenn Lazarus Queensland Independent Yes
John Madigan Victoria Independent Yes
Nick Xenophon SA Independent Yes
Jacqui Lambie Tasmania Independent Absent
David Leyonhjelm NSW Liberal Democratic Party Yes
Liberal National Party (100% turnout) 0 Yes 2 No
Matthew Canavan Queensland No
James McGrath Queensland No
Liberal Party (48% turnout) 0 Yes 12 No
Christopher Back WA No
Cory Bernardi SA No
George Brandis Queensland No
David Bushby Tasmania No
Richard Colbeck Tasmania No
Sean Edwards SA No
David Fawcett SA No
Jo Lindgren Queensland No
Ian Macdonald Queensland No
Anne Ruston SA No
Zed Seselja ACT No
Dean Smith WA No
Eric Abetz Tasmania Absent
Simon Birmingham SA Absent
Michaelia Cash WA Absent
Mathias Cormann WA Absent
Concetta Fierravanti-Wells NSW Absent
Mitch Fifield Victoria Absent
Bill Heffernan NSW Absent
David Johnston WA Absent
Marise Payne NSW Absent
Linda Reynolds WA Absent
Michael Ronaldson Victoria Absent
Scott Ryan Victoria Absent
Arthur Sinodinos NSW Absent
National Party (75% turnout) 0 Yes 3 No
Bridget McKenzie Victoria No
Barry O'Sullivan Queensland No
John Williams NSW No
Fiona Nash NSW Absent
Dio Wang WA Palmer United Party Yes
Stephen Parry Tasmania President Absent
Totals (62% turnout) 16 Yes – 31 No