Note: Where available, the PDF/Word icon below is provided to view the complete and fully formatted document
 Download Full Day's HansardDownload Full Day's Hansard    View Or Save XMLView/Save XML

Previous Fragment    Next Fragment
Wednesday, 17 September 1958


Mr CLAREY (Bendigo) .- The Opposition raises no objection to this amendment. I feel, however, that some little explanation should be made to the committee as to whether or not a person arrested will be advised of his rights in respect of the matter of disputed identity. We pass the legislation, and to those who are associated with it the rights of the deportee are well known, but a migrant whose knowledge of the English language may be faulty or who has not been in this country for any great length of time, may not appreciate his rights under the legislation. It is true that clause 39 (2.) provides that the officer who arrests a person - shall forthwith inform the person arrested of the reason for the arrest and shall, if that person so requests, furnish to him, as soon as practicable, particulars of the deportation order.

I should like the Minister to inform me whether it would be a practice of the administration to ascertain in the first instance from the person so arrested whether he is the person in fact that he is claimed to be and, secondly, if he says, " No, I am not the person that you say I am " he will be advised straightaway of his rights and be told exactly how he may exert them. It may even go further, that when a person is arrested, the provisions of clause 39 should be made clear to him so that he may know what his rights are.

I want to make it clear that the Opposition has no objection to the amendment because it is desirable that, if the defence of mistaken identity is raised, it should be made known as soon as possible. On the other hand, adequate provision should be made for the arrested person to know of his rights under clause 39 and be given every opportunity of exercising them if he believes they should be so exercised.







Suggest corrections