The Bill amends the Migration Act 1958 (Cth) to empower the Minister for Immigration and Border Protection to ban mobile phones and other items in immigration detention centres. It also expands immigration officers’ warrantless search and seizure powers, and authorises them to use dogs to search detainees and visitors.
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
Liberty Victoria previously made a submission to the Inquiry into the Conditions and Treatment of Asylum Seekers and Refugees at the Regional Processing Centres in the Republic of Nauru and Papua New Guinea (former Inquiry). This submission into the serious allegations of abuse, self-harm and neglect of asylum seekers in relation to the Nauru Regional Processing Centre and Manus Regional Processing Centre updates the Committee on Liberty Victoria’s position regarding the healthcare provided to asylum seekers in Regional Processing Centres (RPCs).