5   Select committee on Australia’s immigration detention network

Mr Morrison, having amended, by leave, notice No. 2 private Members’ business, moved—That:

(1)    a Select Committee on the Crisis in Australia’s Immigration Detention Network be appointed to inquire into and report on:

(a)    the riots and disturbances in detention facilities on Christmas Island commencing 12 March 2011, and Villawood from 19 April 2011, in particular:

(i)    the nature and circumstances of these events;

(ii)   the nature and adequacy of the response of Commonwealth agencies to the events;

(iii)  any warning, briefings or advice that had been provided to the Government by agencies and individuals in the lead up to, during and after the events and the nature and adequacy of the response to such information;

(iv)  the adequacy of security protocols, procedures and resources to mitigate the escalation of tension and conflict in the detention network;

(v)   the extent and cost of the damage to facilities as a result of the events; and

(vi)  any other matter deemed relevant by the Committee to understand why these events occurred;

(b)   the performance and management of Commonwealth agencies and/or their agents or contractors in discharging their responsibilities associated with the interception, detention and processing of irregular maritime arrivals or other persons;

(c)    the resources, support and training for employees of Commonwealth agencies and/or their agents or contractors in performing their duties;

(d)   the health, safety and wellbeing of employees of Commonwealth agencies and/or their agents or contractors in performing their duties relating to the interception, detention and processing of  irregular maritime arrivals or other persons;

(e)    the health, safety and wellbeing of asylum seekers and other persons, including specifically children, detained within the detention network;

(f)    the level, adequacy and effectiveness of reporting incidents and the response to incidents within the immigration detention network, including relevant policies, procedures, authorities and protocols;

(g)   compliance with the Government’s immigration detention values within the detention network;

(h)   any issues relating to interaction with States and Territories regarding the interception, detention and processing of irregular maritime arrivals or other persons;

(i)    the management of good order and public order with respect to the immigration detention network;

(j)    the impact of length of detention on and the appropriateness of facilities and services provided for detainees, including asylum seekers within the detention network;

(k)   the total costs of managing and maintaining the immigration detention network and processing irregular maritime arrivals or other detainees;

(l)    the expansion of the immigration detention network, including the cost and process adopted to establish new facilities;

(m)  the length of time detainees have been held in the detention network, the reasons for their length of stay and the impact on the detention network;

(n)   processes for assessment of protection claims made by irregular maritime arrivals and other persons and the impact on the detention network;

(o)   the management and impact of detention on children and families, and viable alternatives;

(p)   the cost, effectiveness and long term viability of outsourcing immigration detention  centre contracts to provide providers and the policy alternatives;

(q)   the impact, effectiveness and cost of existing and prospective Government policies, including mandatory detention and any alternatives, including community release, with respect to irregular maritime arrivals and other persons detained within the detention network;

(r)    any reforms needed to the current immigration detention network in Australia; and

(s)    any other matters relevant to the above terms of reference;

(2)    the Committee consist of 7 members, 3 members to be nominated by the Government Whip or Whips, 3 members to be nominated by the Opposition Whip or Whips, and 1 non-aligned member;

(3)    the Committee may supplement its membership by up to four members, with a maximum of two extra Government and two extra opposition or non-aligned members—supplementary members shall have the same participatory rights as other members, but may not vote;

(4)    every nomination of a member of the Committee be notified in writing to the Speaker of the House of Representatives;

(5)    the members of the Committee hold office as a select committee until presentation of the Committee’s report or the House of Representatives is dissolved or expires by effluxion of time, whichever is the earlier;

(6)    the Committee elect a Government or a non-Government member as chair at its first meeting;

(7)    the Committee elect a member as its deputy chair who shall act as chair of the Committee at any time when the chair is not present at a meeting of the Committee, and at any time when the chair and deputy chair are not present at a meeting of the Committee the members present shall elect another member to act as chair at that meeting;

(8)    in the event of an equally divided vote, the chair, or the deputy chair when acting as chair, have a casting vote;

(9)    3 members of the Committee constitute a quorum of the Committee provided that in a deliberative meeting the quorum shall include 1 Government member and 1 non-Government member;

(10)  the Committee have power to appoint subcommittees consisting of 3 or more of its members and to refer to any subcommittee any matter which the Committee is empowered to examine;

(11)  the Committee appoint the chair of each subcommittee who shall have a casting vote only and at any time when the chair of a subcommittee is not present at a meeting of the subcommittee the members of the subcommittee present shall elect another member of that subcommittee to act as chair at that meeting;

(12)  2 members of a subcommittee constitute the quorum of that subcommittee;

(13)  members of the Committee who are not members of a subcommittee may participate in the proceedings of that subcommittee but shall not vote, move any motion or be counted for the purpose of a quorum;

(14)  the Committee or any subcommittee have power to call for witnesses to attend and for documents to be produced;

(15)  the Committee or any subcommittee may conduct proceedings at any place it sees fit;

(16)  the Committee or any subcommittee have power to adjourn from time to time and to sit during any adjournment of the House of Representatives;

(17)  the Committee may report from time to time but that it present its final report no later than 7 October 2011; and

(18)  the provisions of this resolution, so far as they are inconsistent with the standing orders, have effect notwithstanding anything contained in the standing orders.

Debate ensued.

Mr Bandt addressing the House—

The time allotted for the debate having expired, the debate was interrupted, Mr Bandt was granted leave to continue his speech when the debate is resumed, and the resumption of the debate made an order of the day for the next sitting.