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LCA calls for review of prohibited items in immigration detention centres
Australia’s major legal body has fought on behalf of immigration detainees for the right to use a mobile phone, which is instrumental in accessing critical legal advice.
Naomi Neilson
The Law Council of Australia president Pauline Wright spoke in a hearing for Migration Amendment (Prohibiting Items in Immigration Facilities) Bill 2020 where she requested that detainees maintain their right to use a mobile phone while in immigration centres.
While the Law Council supported the effective management of safety in all immigration detention facilities, Ms Wright said it was imperative that this occurs within the law and that a stricter definition is put on what a “prohibited” thing means for the bill.
“The lack of a prescribed definition of what is prohibited gives the minister a latitude to declare virtually any item a risk. A pen and paper, art supplies, musical instruments – and any number of everyday items could be considered prohibited,” Ms Wright said.
The Law Council believes that the bill should not be passed as the case has not been made out that the amendments are “necessary, reasonable or proportionate”. The bill also expands existing search and seizure powers, including the widening of purposes of a strip search, while not providing sufficient safeguards or oversight.
“These amendments water down the existing safeguards and increase risk of potential misuse and arbitrary decision-making,” Ms Wright said. “It must be remembered that many people held in detention are genuine refugees, not criminals.
“The government asserts that these laws are necessary to deal with the rise in the number of criminals in immigration detention. However, standard criminal law processes are already available and if criminal activity is found to be taking place, then the police can and should be called. This is the normal process across Australian jurisdictions.”
Naomi Neilson
Naomi Neilson is a senior journalist with a focus on court reporting for Lawyers Weekly.
You can email Naomi at:
