Migration Amendment (Mandatory Reporting) Bill 2015
Tuesday 19 January 2016 @ 10.53 a.m. | Immigration
The Migration Amendment (Mandatory Reporting) Bill 2015 (The Bill) is a Private Member's Bill introduced into Commonwealth Parliament late last year (12 October 2015). The Bill aims to enhance the safety of children in immigration detention by mandating the reporting of child abuse in onshore and offshore immigration detention facilities.
Overview of the Bill
The Bill, according to the Explanatory Memorandum, aims to enhance the safety of children in immigration detention by mandating the reporting of child abuse in onshore and offshore immigration detention facilities. Specifically, the Bill requires staff and contractors to report any instances of child abuse they observe to the Australian Border Force Commissioner, who would in turn report the abuse to the relevant authorities (e.g. AFP, Nauruan Police, state/territory police).
As stated by the Hon Richard Marles MP (Shadow Immigration Minister) in his introductory second reading speech:
“This bill is consistent with the existing requirements on many professions to report any sign of child abuse and has been largely modelled on the Victorian Children, Youth and Families Act 2005. The bill requires persons working in Australian-funded facilities to report any form of child abuse to the Australian Border Force commissioner, who must in turn report it to the relevant police authority and child protection agency. This bill ensures there is absolutely no doubt that staff in these facilities have not only the freedom to report abuse but also a legal obligation to do so.”
Amendments Contained in the Bill
The Bill proposes to insert a new Division 14B of Part 2 in the Migration Act 1958 (Cth) covering reportable assaults in immigration detention.
The Bill also seeks to make it an offence if a worker fails to report an assault.
Debate on the Bill is now awaiting Commonwealth Parliament resuming sitting for 2016 on 2 February.
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Sources:
Migration Amendment (Mandatory Reporting) Bill 2015 and secondary materials as republished in TimeBase LawOne
