Zali Steggall (Warringah, Independent) Share this | Hansard source

I rise now because it's incredibly unclear, even on the government's current procedure, whether we are going to get an opportunity to move amendments, in consideration in detail, to this appalling legislation, or even get an opportunity to be heard, because the government has decided, in an autocratic way, that everything will just be gagged at 1.40 this afternoon. So, on legislation that we received at 8.45 this morning, with very limited time to consider, we're now in an incredibly truncated debate. As to all the protestations from the coalition, the opposition, please: support an adjournment motion. If you do not, it is hypocrisy to come in here complaining about not having enough time to consider legislation.

Let's be clear, for the Australian people, what this legislation will do. It is knee-jerk legislation that criminalises refugees who've already been through a broken system—thank you to the opposition!—and, in many cases, it fails to recognise people's legitimate refugee claims, and, potentially, forces people to return to countries where they face persecution and even death. There is no recognition that a lot of people who will be subjected to this have extensive and deep connections to Australia. It is completely unnecessary for this legislation to be pushed through.

We know that there are many people that will be caught by this legislation. It goes vastly beyond just the knee-jerk reaction to the High Court decision. It's an extraordinary step to exclude entire nations from access to visa applications, and to harm families, individuals, businesses and communities. Fundamentally, these laws place Australia at even greater risk of forcibly returning refugees to harm, including many refugees failed by the fast-track system which the Labor government agrees was unfair and flawed and yet is continuing with an unfair, flawed process and system.

We must do better. Bring on the next election as soon as possible, because the Labor government will certainly be judged on the legacy of this.

Now, because I have no idea if I will even have an opportunity to move the consideration in detail, I'd like to point out to the Australian people and the House that I will seek to move an amendment to at least try to protect women who are facing domestic violence and homelessness situations, who have increased vulnerability to deportation. Women who are on a removal pathway and who are experiencing domestic violence and abuse might find it challenging to comply with directives aimed at facilitating their removal from Australia. Obtaining a passport or attending meetings will prove incredibly difficult. There's a fear of seeking help, and the requirement for mandatory cooperation with removal efforts and the associated penalties for noncompliance will deter women in abusive situations from seeking help. We already know that CALD women face additional barriers to reporting, partly due to their fears in relation to their visa status.

We hear a lot from every party, especially the Labor Party, around domestic violence, raising the rights of women, and yet they are trashing them again with this bill—unless the government is going to agree to the amendment, at the very minimum, to ensure that people who are subject to domestic violence and homelessness are going to be protected from the provisions in this legislation.

It has an impact on legal proceedings. You are trying to circumvent the role of the High Court. Women facing domestic violence are often required to navigate legal processes such as applying for protection orders and custody of children. The legal process through the Family Court can be lengthy and result in orders that children remain in Australia to have contact with a parent or citizen-parent, whilst the mother—most likely the primary carer—will face expulsion from Australia. This legislation entitles you to require her removal while the children are ordered by the court to stay here. Are those seriously your values, members of the ALP? Seriously? Is that what you go to your communities with and say, 'That is what I'm going to do if you put me in government'? There are no safeguards.

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