Julia Gillard (Lalor, Australian Labor Party, Prime Minister) Share this | Hansard source

I thank the member for his question, and I am glad to see that he has replaced the former shadow spokesperson on this issue. On the question that he has asked me about Christmas Island, what I can say to the shadow minister for immigration is as follows. First and foremost, criminal charges can be laid by the Commonwealth Director of Public Prosecutions following a police investigation into these incidents. This kind of violence and destruction is wrong. It is criminal behaviour and, just as we would expect in any other part of the nation, if someone has engaged in criminal behaviour, then the police investigate and charges can follow a proper investigation process.

Under the Migration Act, as the member is probably aware, character is an important consideration in determining whether or not someone should be granted a visa. The minister for immigration has said that this will be considered on a case-by-case basis. As is proper, the Migration Act requires him to consider cases one at a time and to have his decisions turn on the facts of an individual case. But, as the minister has said, as these matters are considered on a case-by-case basis, character considerations will be taken into account for those on Christmas Island who have organised and perpetrated this sort of activity.

I say generally to the member and to the House what I have said publicly and am happy to repeat here: this kind of conduct by individuals on Christmas Island is grossly wrong. This kind of conduct can and should cause criminal charges to flow following a proper police investigation. We know from our ordinary understanding of the law that acts of violence and acts of destruction are criminal acts. This kind of violence and conduct can and will be taken into account under the proper procedures of the Migration Act. What I would say to the member is that, as I have said publicly, no-one who engages in this kind of conduct will profit from it. No-one who does it will profit from it. The minister for immigration has made that absolutely clear, and I am very happy to restate it in this place.

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