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Notice given 24 August 2006

*2428  Senator Nettle: To ask the Minister for Immigration and Multicultural Affairs—

(1) How many forestry workers have entered Australia on visas in relation to working holiday makers.

(2) Which states were/are they working in.

*2429  Senator Nettle: To ask the Minister representing the Minister for Employment and Workplace Relations—For each month since the inception of Australian Workplace Agreements (AWAs), can details be provided of the number of AWAs certified in each Australian and New Zealand Standard Industrial Classification by state and territory.

*2430  Senator Ludwig: To ask the Minister for Justice and Customs—With reference to the Collective Agreement between Protective Service officers and Australian Protective Services:

(1) Has the current agreement expired; if so, when did it expire; if not, when does it expire.

(2) Have either or both parties forwarded a log of claims to the other in respect of a new agreement; if so, when did this occur; if not, why not.

(3) Have either or both of the parties responded to the log of claims submitted by the other; if so, when did this occur; if not: (a) which of the parties has not responded to the log of claims; and (b) why not.

(4) Has there been any protected industrial action; if so, can details of the date and length be provided.

(5) What is the current status of the negotiations.

(6) Has a draft agreement been reached.

(7) Can a copy be provided of any bulletins, memorandums or any other correspondence issued to Protective Service officers in respect of the negotiations for the new agreement.

*2431  Senator Ludwig: To ask the Minister for Immigration and Multicultural Affairs—With reference to the report Review of Illegal Workers in Australia: Improving immigration compliance in the workplace published by the department:

(1) Has the Government issued a response to this review; if not: (a) why not; and (b) does the Government intend to issue a response.

(2) For each recommendation, can an indication be given of: (a) the current status of the implementation of the recommendation; (b) the progress of the implementation of the recommendation; (c) any monies expended in the implementation of the recommendation; (d) whether any punitive action has been taken against an employer as a result of that recommendation; if so, can details be provided; and (e) whether any legislative change is necessary to implement the recommendation, for instance, the Migration Amendment (Employer Sanctions) Bill 2006; if so, what is the status of the legislation.

(3) Have any persons been removed from Australia as a direct result of the implementation of any of these recommendations; if so, how many have been removed.

 

 *2432  Senator Ludwig: To ask the Minister representing the Attorney-General—Is the department currently drafting any legislation to give effect to any of the recommendations of the report Review of Illegal Workers in Australia: Improving immigration compliance in the workplace published by the Department of Immigration and Multicultural Affairs; if so, which recommendations are being used as a basis to draft legislation, and can details be provided.

*2433  Senator Ludwig: To ask the Minister representing the Minister for Foreign Affairs—With reference to the report Review of Illegal Workers in Australia: Improving immigration compliance in the workplace published by the Department of Immigration and Multicultural Affairs: Has the department cancelled the passport of any individual arising out of any of the recommendations of that report; if so, how many have been cancelled.

*2434  Senator Ludwig: To ask the Minister for Justice and Customs—

(1) Subsequent to the amalgamation of the Australian Protective Service with the Australian Federal Police, by financial year, how many private contracts for the supply of security or guarding services have been entered into for the provision of Protective Service officers.

(2) What is the total price of these contracts.

(3) What happens to the money paid to the Protective Service officers for the supply of these services, for example, is it recouped by the Protective Service officers or is it transferred to consolidated revenue, etc.

*2435  Senator Ludwig: To ask the Minister for Justice and Customs—With reference to the eight unlawful entrants who landed on Ashmore Reef on 13 August 2006:

(1) Were these entrants first detected by the Australian Customs Service (ACS): (a) if so: (i) on what date, (ii) what was the longitude and latitude of the place at which they were first detected, and (iii) how were they detected; and (b) if not, which agency advised ACS of the detection and on what date.

(2) Were these entrants monitored by ACS prior to their arrival on Ashmore Reef: (a) if so: (i) how long were they monitored, and (ii) why were they not intercepted prior to their abandonment on Ashmore Reef; and (b) if not, why not.

(3) Were these entrants detected by the Jindalee Operational Radar Network; if so, on what date were they detected.

(4) What actions were taken in response to the detections and on what date; if no action was taken in response to the detection, why not.

(5) Did the ACS at any time attempt to intercept the vessel carrying the entrants: (a) if so: (i) when, and (ii) why was this not successful; and (b) if not, why not.

(6) Did ACS receive any indication of an intention to land potential entrants in Australia; if so: when and from whom.

(7) Was ACS aware of whether or not these entrants came directly from their original country to Australia; if so, what was the original country of the entrants; if not, which countries did the entrants pass through in order to arrive in Australia.

 

 (8) Were these entrants taken into detention by ACS: (a) if so: (i) when, (ii) what health checks were completed on these persons when they were taken into detention, and (iii) did any of the entrants require medical attention and did they receive it; and (b) if not, why not.

*2436  Senator Ludwig: To ask the Minister for Justice and Customs—With reference to the communiqué, Safer kids, Safer Communities , dated 26 June 2006:

(1) (a) What is the status of the review of bail conditions (to remove ‘cultural factors’ from mandatory consideration in sentencing) in relation to Commonwealth criminal offences; (b) is this issue currently being progressed by the Attorney-General’s Department; (c) are there plans for any form of consultations regarding the changes; (d) have any amendments to Commonwealth bail conditions been drafted; and (e) is there an expected timeframe for the amendments to bail conditions to be put before Parliament; if so, can details be provided; if not, why not.

(2) (a) What is the status of the proposed amendments to section 16A of the Crimes Act 1914 to delete reference to any mandatory consideration of cultural background for all offences against Commonwealth law; and (b) is there an expected timeframe for those amendments to be put before Parliament; if so, can details be provided; if not, why not.

(3) Were the above proposals put to the Council of Australian Governments meeting: (a) if so: (i) what was the response, and (ii) was any further work on the proposals agreed to and, what was it; and (b) if not, why not.

*2437  Senator Ludwig: To ask the Minister for Justice and Customs— With reference to departmental tender 06/1466, Provision of a Chartered Vessel with Full Crew to Conduct Patrols in Australia’s Northern Waters:

(1) (a) Did the proposal originate from the Australian Customs Service (ACS); if not, from where did the proposal originate; (b) when was the proposal first raised; and (c) what was the impetus for the proposal.

(2) Were there any discussions with industry on any aspect of the proposal before the issue of the tender document; if so: (a) what industry bodies were consulted; (b) what were the discussions about; (c) did the discussions with industry include the timeline of the tender, and the timeline for the procurement of the vessel; and (d) did industry raise any concerns about any aspect of the tender and, what were they.

(3) If there were no discussions with industry; why not.

(4) Has ACS had any discussion with industry since the tender document was released; if so: (a) what were the discussions about; and (b) did industry raise any concerns about any aspect of the tender and what were they.

(5) How was the timeline developed.

(6) How many responses to the tender have been received.

(7) Has the deadline for the tender been altered in any way; if so, why and can details be provided of the alterations.

(8) Is it the case that detainees will be held aboard the vessel for up to 30 days; if not, why is it a key requirement of the tender that the vessel must have the capacity to hold persons for up to 30 days.

(9) Will there be separate, or additional holding areas for detainees who are judged to be a high risk of harm to themselves or others; if so, do these areas have any special arrangements for suicide, or other self-harm watch; if not, why not.

 

 (10) If the need arises, will the vessel be used to hold asylum seekers.

(11) If the need arises, does the vessel have the capacity to hold asylum seekers.

(12) Will asylum seekers detained onboard the vessel be held in the same holding areas as illegal foreign fishers; if so, will there be any arrangements in place to ensure their security.

(13) Will the vessel have separate holding areas for women and children; if not: (a) will women and children detained onboard the vessel be placed in the general population holding areas; and (b) what steps will be taken to ensure their welfare.

(14) (a) What level of medical care will detainees have access to onboard the vessel; and (b) how many medical officers will be onboard the vessel and what will be their qualifications.

(15) Will the civilian crew be required to perform duties that: (a) include guarding of detainees; (b) include assistance in boarding operations; and (c) involve the use of firearms, explosives or pyrotechnics (please specify).

(16) Will the civilian crew receive any training for: (a) the use of force, firearms, explosives or pyrotechnics; (b) safety issues involving the use of force, firearms, explosives of pyrotechnics, by either themselves or others, onboard the vessel; (c) any other safety issues (please specify); (d) the detention of prisoners; (e) the care of prisoners; (f) the transfer of prisoners; and (g) any other training specific to the operation of this vessel (please specify).

(17) (a) What level of English language proficiency will be required of members of the crew; (b) how will this level of proficiency be ascertained; and (c) can details be provided of the exact standard.

(18) (a) What level of medical care will the civilian crew and Government officers have access to onboard the vessel; (b) how many medical officers will be onboard the vessel; and (c) what qualifications will they have and will these include training in mental health.

(19) Will the crew of the vessel be required to undergo security checks:

(a) if so: (i) specifically what security checks will the crew be required to undergo, (ii) which agency or department will carry out these checks, and (iii) will the security checks be completed by the time the vessel is intended to be operational in January 2007; if not, will the crew be allowed to operate on the vessel without these checks; and

(b) if not, why not.

(20) Will all non-crew members, that is, Government officers, be required to undergo security checks:

(a) if so: (i) specifically what security checks will the non-crew be required to undergo, (ii) which agency or department will carry out these checks, and (iii) will the security checks be completed by the time the vessel is intended to be operational in January 2007; if not, will the non-crew be allowed to operate on the vessel without these checks; and

(b) if not: (i) why not, and (ii) which non-crew members of the vessel will be exempt from the requirement of security checks.

 

 (21) Will the crew of the vessel be the subject of a legally enforceable ‘gag’ order or similar prohibition on discussing their activities in a non-operational role:

(a) if so: (i) what is the form of the ‘gag’ order or other prohibition, and (ii) what is the extent of the operation of the ‘gag’ order or other prohibition; and

(b) if not, why not.

(22) Will there be an officer onboard the vessel to oversee the conditions of the detainees:

(a) if so, what guarantees of independence will the officer have; and

(b) if not: (i) why not, (ii) how often will the conditions onboard the vessel be subject to oversight, and (iii) what other mechanisms for overseeing the conditions onboard the vessel will be available.

(23) What access to legal services will the detainees be afforded while they are onboard the vessel.

(24) Will there be a legal officer stationed onboard the vessel to provide advice to detainees.

(25) Will the detainees be subject to questioning by ACS or other officers while detained onboard the vessel.

(26) Why are ships flagged with non-Australian flags being considered for the tender.

(27) Will ACS take into account whether a vessel has a flag of convenience in deciding the tender; if so, what weight will be given to this consideration; if not, why not.

(28) Has ACS received advice whether the domestic laws of a non-Australian flagged ship would apply to the detention of prisoners; if so, can the advice be provided; if not, why not.

*2438  Senator Ludwig: To ask the Minister for Justice and Customs—With reference to vessels engaged to transfer detainees to mainland Australia or other ports from the Australian Customs Service detention vessel which is the subject of departmental tender 06/1466, Provision of a Chartered Vessel with Full Crew to Conduct Patrols in Australia’s Northern Waters :

(1) (a) What procedures are in place to effect the safe transfer of detainees from the detention vessel to the transfer vessels; and (b) do these procedures cover all naval and weather conditions; if not, what conditions are not covered.

(2) How will these vessels be engaged.

(3) How many vessels will be engaged for this purpose.

(4) In relation to personnel onboard these vessels, how many will be: (a) government officials; and (b) civilian crew.

(5) Will the civilian crew receive any training in: (a) the use of force, firearms, explosives or pyrotechnics; (b) safety issues involving the use of force, firearms, explosives of pyrotechnics, by either themselves or others, onboard the vessel; (c) any other safety issues (please specify); (d) the detention of prisoners; (e) the transfer of prisoners; and (f) any other training specific to the operation of these vessels (please specify).

(6) What quarantine facilities will be available on these vessels.

 

 (7) What distance (in terms of travel time from port) will these vessels be required to transport detainees.

(8) How long will these vessels be required to hold detainees.

(9) Will these vessels contain separate detention facilities for women and children; if not: (a) will women and children detained onboard the vessel be placed in the general population holding areas; and (b) what steps will be taken to ensure their welfare.

(10) What security arrangements will be made for these vessels.

(11) What is the projected annual cost of these vessels.

(12) (a) What level of medical care will detainees have access to onboard these vessels; and (b) how many medical officers will be onboard the vessel and what qualifications will they have.

(13) Will the crew of the vessel be required to undergo security checks:

(a) if so: (i) what security checks will crew be required to undergo, (ii) what agency or department will conduct these checks, and (iii) will the security checks be completed by the time the vessel is intended to be operational in January 2007; if not, will the crew be allowed to operate on the vessel without these checks; and

(b) if not, why not.

(14) Will all non-crew members, that is government officers, be required to undergo security checks:

(a) if so: (i) specifically what security checks will the non-crew members be required to undergo, (ii) what agency or department will undertake these checks, and (iii) will the security checks be completed by the time the vessel is intended to be operational in January 2007; if not, will the non-crew members be allowed to operate on the vessel without these checks; and

(b) if not: (i) why not, and (ii) which non-crew members of the vessel will be exempt from the requirement of security checks.