MIGRATION LEGISLATION AMENDMENT BILL (NO. 2) 2008 [2009]

Order of the day read for the adjourned debate on the motion of the Minister for Human Services (Senator Ludwig)—That this bill be now read a second time.

Debate resumed.

Senator Hanson-Young moved the following amendment:

 At the end of the motion, add "but the Senate calls on the Government to immediately put forward amendments to the Migration Act:

  (a) to implement in legislation the principles relating to immigration detention announced by the Minister for Immigration and Citizenship (Senator Evans) on 29 July 2008, in particular the following:

   (i) detention that is indefinite or otherwise arbitrary is not acceptable and the length and conditions of detention, including the appropriateness of both the accommodation and the services provided, would be subject to regular review,

   (ii) detention in immigration detention centres is only to be used as a last resort and for the shortest practicable time,

   (iii) people in detention will be treated fairly and reasonably within the law, and

   (iv) conditions of detention will ensure the inherent dignity of the human person;

  (b) to ensure that a person placed in immigration detention can apply to a court for an order that he or she be released because there are no reasonable grounds to justify detention; and

  (c) to ensure that a person cannot be kept in immigration detention for more than 30 days unless on the application of the Department of Immigration and Citizenship a court makes an order that it is necessary to detain a person on a specified ground and there are no effective alternatives to detention".

Debate ensued.

At 12.45 pm: Debate was interrupted while the Parliamentary Secretary to the Minister for Health and Ageing (Senator McLucas) was speaking.