The Albanese Labor Government will introduce legislation to boost search and seizure powers in immigration detention centres to stamp out criminal activity and improve safety for staff and detainees alike.
In recent years the detention centre population has shifted away from asylum seekers towards people who have had their visas cancelled on character grounds, many of whom have serious criminal histories.
About 90 per cent of the current caseload hold a criminal conviction, including for violent and drug-related crimes, creating a prison-like culture. The current cohort includes Outlaw Motorcycle Gang members, which brings a higher degree of volatility and organised criminality into the system.
This has led to a notable increase in substance-related incidents and regular threats and acts of violence against other detainees, Australian Border Force officers, other staff and contractors.
This new legislation will provide that a thing which is unlawful to possess is a ‘prohibited thing’, such as an illegal drug. The legislation will also allow the Minister to determine that an item is a ‘controlled thing’, which could include bootleg alcohol, internet capable devices and SIM cards. It will strengthen powers to search for, screen, seize and retain prohibited and controlled items without a warrant, and allow for searches within centres, including the use of detector dogs to search the premises.
Communications devices are currently being used to organise drug crime, child exploitation and grooming, domestic violence so officers need the power to seize and search phones.
But the new laws will include safeguards to ensure a detainee’s right to communicate freely continues to be met. If Border Force seizes a detainee’s communication device they will be required to provide an alternative means of communication, meaning detainees will not be cut off from support networks or legal representatives.
The changes respond to external calls for action, including from the Australian Human Rights Commission, whose report into conditions at the Yongah Hill Immigration Detention Centre recommended bolstered search powers for staff where there is reasonable suspicion of drug concealment.
Minister for ³Ô¹ÏÍøÕ¾ Affairs and Immigration Tony Burke said:
‘The Government is committed to a safe and secure immigration detention network for both staff and detainees. The increase in incidents relating to drugs and alcohol is not acceptable, and officers need the ability to ensure the security and good order of immigration detention centres.
‘Critically, the Government’s legislation includes important safeguards not included in earlier versions of the legislation proposed by the last Government. Specifically, the legislation will stipulate that that detainees must retain the ability to communicate with family members and legal representation where their mobile device is seized.’
