Ms GAMBARO (10:22 AM) —I am very pleased to continue my remarks on the Migration Legislation Amendment (Immigration Detainees) Bill (No. 2) 2001 from where I left off last night. The bill has a number of measures in it, and I was speaking last night about an incident that has occurred in Queensland, which currently has measures to implement strip search procedures both on persons in prisons and visitors to prisons, and that includes children.

In the last financial year, 2,703 illegal immigrants were removed from Australia. Our detention centres provide people who arrived illegally with food, clothing, shelter and medical care that more than complies with UN standards. However, over the past year there has been an increasing number of incidents of violent and antisocial behaviour at detention centres across Australia. There have been disturbances at Curtin, Woomera and Port Hedland and, recently, breakouts at Villawood. The transcripts of what occurs in some of these places show it is absolutely horrifying. Officers are being attacked by detainees with glass. In some cases, damage of up to $300,000 has occurred. There have been fires and all sorts of things. I will read from one of the transcripts:

I agree with some of the comments made by the shadow minister for immigration that we need to ensure there is safety in these centres for the detainees as well as for the correctional officers, but these outbreaks have occurred far too frequently. We need to look at increasing the security, and some of these measures will ensure that that will take place. The disturbances that occurred in particular at Woomera and Port Hedland and recently at Villawood have presented some very disturbing images to the greater community and also to detainees. The weapons are sometimes concealed in clothing and sometimes on a person's body. They can cause injury to other people; they can be used in many cases for self-mutilation, which is very sad indeed; and they can endanger the lives of women, children, families, visitors and staff in immigration detention centres. The legislation I am speaking to today will assist in providing a much safer environment for all the people in a detention centre.

At present, the Migration Act permits only a `pat down' search of a particular detainee. The existing frisk search power does not always result in finding very small and discreet items. They can be effectively hidden in a person's clothing or on their body. There is no power under this act to require a detainee to reveal the contents of his or her pockets or clothing or an item in his or her possession. Metal detectors are not always successful in revealing weapons, particularly if they are very small. The big problem with metal detectors, of course, is that they cannot reveal items that are made of glass, wood or plastic. This is a real problem because, as the transcript I just read shows, glass can be used in a fatal or lethal way. Weapons made out of these substances can be no less lethal or fatal than those made out of metal.

The nature of the detention population is changing and those changes are impacting on the safety and wellbeing of immigration detainees, visitors and staff at these centres. The legislation recognises those changes and includes measures that provide for a much safer environment, while ensuring that controls preserve what is very important—the detainee's dignity and right to privacy. While the legislation includes a power to conduct a strip search, it does not include examination of a detainee's body cavities. For a strip search to be initiated, an officer must have suspicion, based on reasonable grounds, that something is hidden on the detainee—either in clothing, on the person or contained in something in his or her possession.

An officer is defined as a person who is a Department of Immigration and Multicultural Affairs officer, a Customs or Australian Protective Service officer, a police officer or a person authorised by the minister under the act. The search will proceed following authorisation by the secretary or an employee at the Senior Executive Service band 3 level. This is one of two new measures incorporated into this bill. The authorising officer must be satisfied that there are reasonable grounds for an officer's suspicions. They have a power to conduct a strip search, and that cannot be delegated to another party or person. Authorisation is given by telephone, fax or electronic means and must be recorded in writing within one business day of it being issued.

The second new measure in this bill grants the detainee privacy during the search procedure. A strip search of a detainee must not subject the detainee to greater indignity than is reasonably necessary to conduct the search. It must be conducted in a private area and by an authorised officer of the same sex as the detainee. It cannot be conducted in the presence or view of a person of the opposite sex unless that person is a medical practitioner and a medical practitioner of the same sex is not available within a reasonable period of time. A strip search cannot be conducted in the presence or view of a person whose presence is not necessary for the purposes of the strip search. However, if the authorised officer conducting the strip search considers it necessary to have another authorised person present, that is permitted. But, again, the rule of persons of the same sex attending the strip search remains. These mechanisms ensure that the strip search process provides protection for the detainee while ensuring a high level of privacy.

A detainee who is to be strip searched will be able, under this bill, to nominate another person to attend the strip search procedure. I emphasise that children under 10 will not be strip searched, while detainees aged between 10 and 18 and those incapable of managing their own affairs must have a parent or guardian present or someone who is acceptable to the detainee. If a detainee fails to nominate a person, declines to nominate a person or is unable to nominate an appropriate person to attend the strip search within a reasonable time, the search is not prevented from proceeding. During the search, more clothes must not be removed than is absolutely necessary. However, if a piece of clothing is damaged or destroyed, sufficient clothing must be provided to the detainee.

If during the search a suspect item is found on a person, the authorised officer can take possession of the item, which provides evidence of an offence against the Migration Act or, if it is forfeitable, it goes to the Commonwealth. Forfeited items include those which have been used to assist in areas of escape and, once confiscated, they must be given to a police officer. If that item is not used in evidence within a 60-day period, it must be returned to the detainee. An officer can apply to a magistrate to retain an item seized during a strip search; however, the magistrate must specify a period for retaining this item.

An important feature of this legislation is that the strip search of detainees is seen as a measure of last resort and should be used only in the rarest of circumstances. Strip searches will not be conducted as a matter of routine. It is important to emphasise that. This legislation will ensure that state and territory search powers can be consistently applied to all persons being held in an immigration detention centre. A clause in the bill provides immunity against civil or criminal liability for a person assisting a strip search who does it in good faith and within the parameters of the bill.

The measures included in the bill are very extensive. They provide for the safety of all persons at a detention centre. It is fair to conclude that they will ensure that all people will be protected, including detainees. The government believes it is very important that detention centres are effectively managed and that they provide a safe and secure environment for detainees, visitors and staff. Therefore, I confirm my support for this bill here today.