The Bill seeks to amend the Migration Act 1958 (the Act) by introducing a twelfth set of circumstances in which a person will necessarily fail the character test enunciated at s.501(6) of the Act: where they have committed a ‘designated offence’.
Liberty Victoria recommends the Bill not be passed.
We support the Commonwealth Government’s commitment to ratify the Optional Protocol to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (OPCAT).
The Victorian Charter of Human Rights and Responsibilities Act 2006 (Vic) (the Charter) imposes human rights obligations on every public authority in Victoria. Relevantly for present purposes, s 10 of the Charter provides that:
A person must not be—
(a) subjected to torture; or
(b) treated or punished in a cruel, inhuman or degrading way; or
Submitted by Liberty Victoria on Wed, 04/27/2016 - 17:23
Young Liberty for Law Reform, a program of one of Australia’s leading civil liberties organisations, Liberty Victoria, released a report today shining a light on a dark corner of our democracy. The report recommends fundamental and urgent changes to the laws that apply to whistleblowers in our immigration system, and calls on the Commonwealth Government to end a culture of secrecy.