When the new Border Force Act was introduced into parliament, an introduction of an amendment to the Migration Act had some human rights lawyers concerned.
The Maintaining Good Order at Immigration Detention Facilities Bill will allow private security contractors at Australia’s offshore processing facilities to use force in a broad range of circumstances.
The Bill reads, “an authorised officer may use such reasonable force as the authorised officer reasonably believes is necessary” to protect lives or to “maintain the good order, peace or security of an immigration detention facility”.
In other words, officers at detention facilities will be allowed to use force–if they subjectively deem it necessary–to move detainees within the facility or to prevent escape, not just as a last resort.
The Bill does not define what type of ‘reasonable force’ would be required to prevent escape, self-harm, maintain order or move detainees.
Katie Robertson, an Associate at Maurice Blackburn Lawyers, said she had serious concerns for the Bill.
“Force that results in an asylum seeker suffering grievous bodily harm is authorised, provided the officer believes such force is necessary,” Robertson said.
“The Bill is part of a broader move by the Australian government to change the operation of immigration in Australia and our regional processing centres on Nauru and Manus Island both in terms of the regulation of staff, but more concerning, control over asylum seekers.”
Robertson said she also had concerns for the limited legal action detainees may take if they feel wronged.
“In order for someone to bring an action against the Commonwealth, they must show that the force was not exercised in ‘good faith,” Robertson said.
The Bill indicates a detainee may complain to a secretary in writing who will then deem whether their complain is worth investigating, but does not define ‘good faith’.
“Many of our clients already feel afraid to bring complaints against the Australian government for poor treatment or even harm suffered in detention,” Robertson said.
“It represents a further attempt by the government to extend their executive powers and limit the role of the judiciary, an institution essential for holding the government to account for its treatment of asylum seekers in immigration detention.”
By comparison, Victoria’s Private Security Act 2004 allows complaints to be made at any time without the complainant having to prove excessive forces was not exercised in ‘good faith’.
The Maintaining Good Order at Immigration Detention Facilities Bill has yet to pass parliament.
