Julian Simmonds (Ryan, Liberal National Party) Share this | Hansard source

I rise to speak on the Migration Amendment (Prohibiting Items in Immigration Detention Facilities) Bill 2020. What does it take for Labor to support Australian families in this chamber? That is my question. Time after time, I find their position completely baffling. We have consistently given Labor MPs and those on that side of the chamber the opportunity to do the right thing and, every time, they squib it. We have introduced mandatory sentences for federal sex offenders, we have introduced a public sex offenders register and we have introduced strong legislation to cancel visas on character grounds. Labor has failed to support mandatory sentences until their political games were called out on the front pages of national papers; they're still playing games with the public sex offenders register, to try to prevent that; and Labor MPs have failed to protect Australians through regularly cancelling visas on character grounds, as this government has done. Now they have the chance to stand up for Australian families by supporting this legislation, and they've failed to do it.

Here's the problem: currently the Migration Act provides that an authorised officer in a detention centre may search for only three things—weapons, escape aids or a document that may be evidence for grounds of cancelling that person's visa. Authorised officers do not have the power under the current act to search for or seize illegal drugs or other illegal items such as child exploitation material. In what world is that acceptable?

Under Labor in 2011-12, there were 14,438 illegal boats arrivals in detention as well as 2,216 visa overstayers and just 480 people whose visas had been cancelled on character grounds. So the majority of those in detention under Labor were people who had travelled illegally by boat to Australia because of the lax border policies of the Labor members opposite. We all remember those terrible images of the bodies of women and children having to be fished out of the water. But, of course, once this government came to office, we ensured that the borders were strong and that illegal arrivals under Labor were resettled.

As of 31 July 2020, there were just 1,558 people remaining in immigration detention facilities compared to 17,000 under Labor. And the make-up is now very different as well. The government has strengthened section 501 of the Migration Act to better protect the Australian community from non-citizen nationals who commit serious crimes. The changes have allowed us to cancel the visas of 4,600 individuals who have committed serious criminal offences in Australia. Of those detainees currently, 70 per cent, 1,120, have a criminal record, including those whose visas have been cancelled or refused under character grounds of section 501. That means two-thirds of the people in detention facilities today have criminal records. These are people with a history of child sex offences, violent crimes, murder, domestic violence, rape. Others have come to immigration detention with significant histories of drug-related offences and proven links to criminal organisations—to bikie gangs.

Many have been placed in immigration detention directly from correctional facilities. Unsurprisingly, some of these individuals seek to continue criminal activities and associations, but the law hasn't kept up with this fact—for example, there have been almost 600 reports of phone misuse in the last four years. Detainees are using mobile phones to conduct criminal activities such as fraud, drug deals, the grooming of children and other child exploitation offences.

Sensibly, this bill will give the minister the power to ensure there is a disallowable legislative instrument to prohibit an item. Prohibited items, for example, will be mobile phones and SIM cards, internet cable devices and illegal drugs—this is what we're talking about. The bill will also allow authorised officers to search immigration detention facilities on behalf of the Commonwealth, including using detector dogs, and to ensure that they are able to look at this material.

The member for Gellibrand said we hadn't made our case for this bill. Here are some cases for him; I hope he is listening. This month alone two detainees in Brisbane, at the Kangaroo Point facility where they are being held in our home town, Mr Deputy Speaker Vasta, have been charged with the possession and distribution of child exploitation material in two separate incidents. In one, the detainee actually held up his phone to a Serco officer to show him a video of a child being abused, and under the current act the Serco officer couldn't just take that phone off him. In what kind of world is this acceptable to the Labor members opposite?

In another incident, a Finnish national who was in the detention centre downloaded and distributed over 5,855 child exploitation images and 222 videos. Before he came to immigration detention, he was a known offender and yet he still had a mobile phone—absolutely appalling. These kinds of cases clearly demonstrate the need for new powers for Australian Border Force officers to seize mobile phones in immigration detention facilities to prevent these kinds of activities by detainees where they are contributing and participating in child exploitation material.

Under current laws, officers are not legally able to search for or seize mobile phones, even if they know they are being misused. The current laws also prevent officers searching for and seizing items that are clearly illegal, such as illicit drugs. For example, at Villawood Immigration Detention Centre four people were arrested as part of a criminal syndicate that New South Wales police had uncovered. When the police searched the detainees' room, they found white powder and several mobile phones that aided in this criminal conspiracy—a search that ABF officers could not undertake themselves. Another example is of a detainee in detention who was a known extremist sympathiser who downloaded extremist material onto his iPad and then proceeded to show all the other detainees the extremist material. This iPad could not, under current laws, be confiscated by ABF officers. In another example, a detainee uploaded a photo to social media of a contracted medical officer, falsely accusing her of criminal acts, and comments on the post included abusive and violent messages towards the medical officer. A medical officer, an Australian who has gone into immigration detention to help people, on behalf of all Australians, is the victim of this vile abuse by detainees. Even once a detainee has done this, ABF officers can't take their phone away from them.

That Labor won't wholeheartedly support this bill is absolutely mind-blowing. It's crazy stuff, frankly. Thankfully the new powers in this bill will enable ABF officers to search for drugs and confiscate mobile phones. It will enable sniffer dogs to go in and search detention facilities for illegal drugs, and other protections apply. The member for Gellibrand also spoke about what protections are in place. Labor would have you believe that this bill is some kind of terrible infringement on rights, when what we are trying to do is prevent people from engaging in criminal activities inside an Australian funded and operated detention centre. The fact is, let's remember, that, in the event that a detainee has their mobile phone removed, they still have access to a 24/7 landline and computers with internet access. Detainees have contact with their families and friends, which supports their resilience and mental health. Migration agents and legal representatives are also able to contact their clients using audiovisual equipment, and detainees have access to private rooms for phone calls. There are other existing protections that are in place to ensure detainees' dignity—that officers should not make greater use of force or subject the detainee to greater indignity than is reasonably necessary during a search; that, in the case of a search, the authorised officer must be of the same sex as the detainee; and that all persons in immigration detention have the right to lodge complaints while they are in detention. So the protections are absolutely in place for detainees if they feel that that is required.

What's important to remember is that mobile phones, as well as illicit drugs, cause an unacceptable risk, particularly to those Australians who are working in immigration detention centres. I was drawn to the submission by Serco to the inquiry into this bill. Serco states that the bill 'will help achieve the health and safety outcomes that Serco aims to provide'. What are they talking about here? They're talking about the safety of their staff. The submission cites cases in which detainees have collected information about staff members. They're taking photos of them and posting them on social media and saying, 'This is the person who is currently detaining me.' These people have links to criminal bikie gangs, so they're posting it to their associates. Can you just imagine, as an Australian, if somebody with known criminal links to bikie gangs was posting about you as you did your job, having a go at you, the fear that you would feel and the fear that you would feel for your family? But in these cases, when we absolutely know it's happening—we've got examples of it; we can see it—we can't currently take the mobile phone. This bill will ensure that we can so that these people who are working on behalf of all Australians to run these detention immigration centres can do so in safety without fear of retribution to them or their families.

What about the examples where Australian Border Force officers have seen people throwing illegal drugs over the fence? They've seen it. They've seen the drugs get thrown over the fence. They then see the detainee pick up said drugs but the current powers are such that they can't then go and search the detainee or the room where the detainee is residing, even though they know it has occurred. It's very clear the law has not kept up as it should. There has been a change from people who are in detention from illegal boat arrivals; now, over 70 per cent are criminals.

Since 2013 the government has significantly reduced the number of people held in detention—from over 17,000 to less than 2,000 today. In doing so the government has closed 17 detention facilities across Australia, saving taxpayers more than $500 million. There is a lot of compassion in that, in ensuring that people are not kept in detention. But, of those who are, over 70 per cent are now convicted criminals. It is important that, if Australians are going to pay for detention, if Australians are going to run these facilities, the detainees then not be involved in the illegal drug trade, not be involved in organised crime and not be involved in soliciting child exploitation material in these facilities. This bill will make that happen. (Time expired)

(Quorum formed)

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