Senator Andrew Bartlett
Portfolio: Immigration and Multicultural Affairs
| Dated: 12 Aug 2004
Location: Parliament House - Canberra
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Senator Andrew Bartlett speaks on Immigration: Detainees - Court decision on indefinite detention |
That the Senate
(a)notes that:
(i)the High Court of Australia on Friday, 6 August 2004, gave rulings addressing two areas of great significance regarding existing Australian legislation,
(ii)the ruling showed that there is a lack of any statutory provisions for stateless people within the jurisdiction of Australia, resulting in the possibility of lifetime detention for any stateless person who was not granted a protection visa but cannot be deported to any other country, and
(iii)the ruling also showed that there is a lack of legislation relating to conditions of administrative detention that must be met for that detention to remain lawful; and
(b)calls on the Australian Government, as a matter of urgency, to:
(i)enact legislation to prevent the situation whereby people who have been charged with no crime are faced with the possibility of lifetime detention,
(ii)enact legislation to resolve the issue whereby there are no legal provisions regarding the conditions which administrative detention must meet in order to remain lawful,
(iii)resolve the issues surrounding stateless people currently in immigration detention in Australia, by the granting of visas while the Government is unable to deport those people, and
(iv)investigate the implications of the High Court's interpretation of the Australian Constitution that allows for lifetime administrative detention, with a view to enacting a Bill of Rights in order to protect people within the jurisdiction of Australia from such an abuse of basic human rights.
Question put.
The Senate divided. [9.46 a.m.]
(The PresidentSenator the Hon. Paul Calvert) Ayes............ 11
Noes............ 43
Majority......... 32
AYES
Allison, L.F. * Bartlett, A.J.J.
Brown, B.J. Cherry, J.C.
Greig, B. Harradine, B.
Lees, M.H. Murray, A.J.M.
Nettle, K. Ridgeway, A.D.
Stott Despoja, N.
NOES
Boswell, R.L.D. Brandis, G.H.
Buckland, G. Calvert, P.H.
Campbell, G. Carr, K.J.
Chapman, H.G.P. Conroy, S.M.
Crossin, P.M. Denman, K.J.
Eggleston, A. Ellison, C.M.
Ferguson, A.B. Ferris, J.M. *
Fifield, M.P. Forshaw, M.G.
Harris, L. Hill, R.M.
Hogg, J.J. Humphries, G.
Hutchins, S.P. Johnston, D.
Kirk, L. Knowles, S.C.
Lightfoot, P.R. Lundy, K.A.
Macdonald, J.A.L. Mackay, S.M.
Marshall, G. Mason, B.J.
McGauran, J.J.J. McLucas, J.E.
Moore, C. Payne, M.A.
Ray, R.F. Santoro, S.
Scullion, N.G. Stephens, U.
Tchen, T. Troeth, J.M.
Watson, J.O.W. Webber, R.
Wong, P.
* denotes teller
Question negatived.
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