Federal Register of Legislation - Australian Government

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A Bill for an Act to amend the Migration Act 1958, and for related purposes
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Registered 12 Oct 2015
Introduced HR 12 Oct 2015
Table of contents.

2013‑2014‑2015

 

The Parliament of the

Commonwealth of Australia

 

HOUSE OF REPRESENTATIVES

 

 

 

 

Presented and read a first time

 

 

 

 

Migration Amendment (Mandatory Reporting) Bill 2015

 

No.      , 2015

 

(Mr Marles)

 

 

 

A Bill for an Act to amend the Migration Act 1958, and for related purposes

  

  


Contents

1............ Short title............................................................................................. 1

2............ Commencement................................................................................... 1

3............ Schedules............................................................................................ 2

Schedule 1—Amendments                                                                                                3

Migration Act 1958                                                                                                     3

 

 


A Bill for an Act to amend the Migration Act 1958, and for related purposes

The Parliament of Australia enacts:

1  Short title

                   This Act may be cited as the Migration Amendment (Mandatory Reporting) Act 2015.

2  Commencement

             (1)  Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.

 

Commencement information

Column 1

Column 2

Column 3

Provisions

Commencement

Date/Details

1.  The whole of this Act

The day after this Act receives the Royal Assent.

 

Note:          This table relates only to the provisions of this Act as originally enacted. It will not be amended to deal with any later amendments of this Act.

             (2)  Any information in column 3 of the table is not part of this Act. Information may be inserted in this column, or information in it may be edited, in any published version of this Act.

3  Schedules

                   Legislation that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.

Schedule 1Amendments

  

Migration Act 1958

1  After Division 14A of Part 2

Insert:

Division 14BReportable assaults

268D  Mandatory reporting of certain assaults on minors at places of detention

Immigration and Border Protection workers to notify reportable assaults

             (1)  If an Immigration and Border Protection worker believes on reasonable grounds that a minor has suffered or is suffering a reportable assault at a place of detention, the worker must give the Australian Border Force Commissioner written notice in accordance with subsection (2) of:

                     (a)  the worker’s belief; and

                     (b)  the worker’s reasonable grounds for forming the belief.

Note:          Subsection (8) contains definitions of certain words and expressions used in this section.

             (2)  The notice must be given as soon as practicable (and in any case within 24 hours):

                     (a)  after forming the belief; and

                     (b)  after each occasion on which the worker becomes aware of any further reasonable grounds for the belief.

Offence for failing to notify reportable assault

             (3)  An Immigration and Border Protection worker commits an offence if:

                     (a)  the worker is subject to a requirement under subsection (1); and

                     (b)  the worker fails to comply with the requirement.

Penalty:  60 penalty units.

             (4)  Subsection (3) does not apply if the worker honestly and reasonably believes that all of the reasonable grounds for his or her belief had been the subject of a notice given under subsection (1) by another person.

Note:          A defendant bears an evidential burden in relation to a matter in this subsection (see subsection 13.3(3) of the Criminal Code).

             (5)  Section 15.3 of the Criminal Code (extended geographical jurisdiction—category C) applies to an offence against subsection (3).

Australian Border Force Commissioner to notify other relevant agencies

             (6)  If an Immigration and Border Protection worker gives the Australian Border Force Commissioner notice under subsection (1), the Commissioner must notify such of the following as the Commissioner considers appropriate of the reportable assault and the worker’s reasonable grounds in relation to the assault:

                     (a)  the Australian Federal Police;

                     (b)  the police service or police force (however described) of a State or Territory, a foreign country, or a part of a foreign country;

                     (c)  an agency or authority of a State or Territory, a foreign country, or a part of a foreign country, that has functions relating to child safety.

Australian Border Force Commissioner to keep records

             (7)  The Australian Border Force Commissioner must keep a written record of:

                     (a)  each notice given to the Commissioner by an Immigration and Border Protection worker under subsection (1); and

                     (b)  each notice given by the Commissioner under subsection (6).

Definitions

             (8)  In this section:

Immigration and Border Protection worker has the same meaning as in the Australian Border Force Act 2015.

place of detention means:

                     (a)  a detention centre established under this Act; or

                     (b)  a place approved by the Minister under subparagraph (b)(v) of the definition of immigration detention in subsection 5(1); or

                     (c)  a place in a regional processing country where restraint is being exercised, over the liberty of a person who has been taken to that country from Australia, in connection with the country’s regional processing functions (within the meaning of section 198AHA).

reportable assault: a minor suffers a reportable assault if:

                     (a)  a person engages in sexual activity with the minor; or

                     (b)  a person causes the minor harm that is physical harm, other than harm caused by a reasonable use of force that is authorised under:

                              (i)  Division 7B of this Part; or

                             (ii)  a law in force at the place of detention where the harm is caused.

Words and expressions used in this definition have the same meanings as in the Criminal Code.