Australian Labor Party Victorian Branch

Transcription

1 Australian Labor Party Victorian Branch State Conference April 2016 Venue Moonee Valley Racecourse McPherson Street, Moonee Ponds Book 2 Policy Committees 1

2 REPORT OF THE ABORIGINAL & TORRES STRAIT ISLANDER (ATSI) POLICY COMMITTEE April 2016 A. MEETING ATTENDANCE REPORT 1.ELECTED POLICY COMMITTEE MEMBERS Member Attendance Total Possible Rosalind Byass 5 (Leave of Absence) 8 Annalivia Carli-Haman 0 8 Hana Dalton 0 8 Helen Drake 8 8 Dennis Franklin 1 (Leave of Absence) 8 Sarah Jones 7 8 Janet Laverick 8 8 Jennifer Perlstein 5 8 Anne-Marie Scully 0 (Leave of Absence) 8 Harvey Stern 7 8 Sheena Watt 5 8 Lorie Werner 0 8 Nic Wishart 1 (Leave of Absence) 8 Shane Roberts 6 (4 by phone) 8 *Leave of Absence: Rosalind Byass (3 meetings), Dennis Franklin (7), Anne-Marie Scully (8), Nic Wishart (7) 2.MINISTER, PARLIAMENTARY SECRETARIES & CAUCUS REPRESENTATIVES Minister/Parliamentary Secretary/Caucus Representatives Attendance Total Possible Minister Hutchins 0 8 Adviser Allan Murray 1 8 Chief of Staff Robert La Rocca 0 8 Note: There were also several special meetings with advisers Allan Murray & Robert La Rocca involving Sheena Watt, Helen Drake, Harvey Stern, Jenne Perlstein, Janet Laverick & Lorraine Parsons. 3.ASSOCIATE POLICY COMMITTEE MEMBERS 2

3 Name Attendance Total Possible Lorraine Parsons (joined at third meeting) 6 6 Robyn Williams (joined at the most recent meeting) 1 1 Kristina Olsen 1 8 B. CORRESPONDENCE REPORT Received / Sent Subject Date Received Action Sent to Minister for Education Ballert Mooroop October 2015 School retained. Sent to absent VIC ALP ATSI members Ask if wish to continue January 2016 Some replies. Received from Minister s Adviser Report on Progress (Gov.) December 2015 To consider. Sent to VIC ALP Aboriginal members Policy Committee Election February 2016 Inviting to nominate. Tim Watts MP (Caucus Secretary) Social Security Legislation February 2016 Amendment Bill Asking the FPLP to oppose the Bill: they did. C. POLICY DEVELOPMENT REPORT The Committee adopted a resolution proposing, in part, That Labor advocates referring, to a relevant joint parliamentary committee, the consideration of issues surrounding the possible transfer of the celebration of Australia Day from 26 January to 3 March, the date in 1986 that the Australia Act came into operation in 1986, or to some alternative date, in order to render the celebration of Australia Day fully inclusive of the diverse peoples of modern Australia. The Committee adopted a resolution proposing, in part, That consideration be given to implementing an Aboriginal and Torres Strait Islanders Language Week in concert with New Zealand s Maori Language Week. The Committee is currently exploring the use of consistent and appropriate language when referring to Aboriginal and Torres Strait Islander people. Mr. Lance Wilson (President, CAFR Policy Committee) briefed us on the discriminatory aspects of the proposed Social Security Legislation Amendment Bill. Our Policy Committee resolved to write to the Federal Caucus Secretary, Mr Tim Watts MP, asking that the FPLP oppose the Bill when it is put to Federal Parliament, which we did. Our Committee also resolved to move a resolution to this effect at the April-2016 State Conference. We are pleased to report that the FPLP has decided to oppose the Bill. Other Policy Issues: Indigenous Parliamentary Representation (Dr Chris Bourke) Treaty & Self-Determination Mining & Aboriginal People (Rosalind Byass) Lake Tyers (Helen Drake) Issues related to Close the Gap, Aboriginal Justice and Procurement 1. POLICY DEVELOPMENT RESEARCH 3

4 Plans are in place to interact with other Policy Committees (e.g. Economics, Arts & Culture, and Commonwealth Affairs) and to invite various individuals to our meetings to brief us on areas of common interest. 2. POLICY FORUMS None have been held thus far. After State Conference, (hopefully) with vacancies on the committee filled, plans shall be developed for such events in metropolitan Melbourne and in regional Victoria, as part of the policy development process. We have formed a Policy Forum subcommittee and a Policy Audit subcommittee (to review policies from previous ATSI Policy Committees). D. ANY OTHER ITEMS During the term, Nic Wishart resigned as Secretary and was replaced by Harvey Stern, and Helen Drake resigned as President, and was replaced by Sheena Watt. The Committee appointed a Deputy President (Lorraine Parsons) and a Deputy Secretary (Janet Laverick) to ensure continuity for periods when the incumbents are away from Melbourne. There are currently 10 vacancies on the Committee, which shall be filled at State Conference. A website is being designed, for the purpose of housing (for easy access by members) Minutes, Agendas and other documents. We are also exploring appropriate representation on the National (and Victorian) Indigenous Labor Network (NILN, VILN). Most regular meetings are held on the 4 th Monday at State Office, but some shall be held at the Minister s Office so as to enable the Minister and her Advisers to attend (this may change, once all the 10 vacancies are filled). In conclusion, we are looking at developing a strategic plan to guide our activities over the next year or two. President: Sheena Watt Secretary: Harvey Stern 4

5 REPORT OF THE COMMONWEALTH AFFAIRS AND FEDERAL RELATIONS POLICY COMMITTEE A. MEETING ATTENDANCE REPORT April 2016 B. ELECTED POLICY COMMITTEE MEMBERS Member Attendance Total Possible Alan McPhate 4 6 Andrew Thackrah 6 8 Andriana Mantzouranis 1 8 Brenton Baldwin 5 8 Cameron Petrie 4 7 Damien Kingsbury 3 7 Daniel Gerrard 5 8 Dean Sherr 2 7 Evan Appathuri 1 8 John Jordan 5 8 Katherine Hardy 1 8 Lance Wilson 8 8 Lydia Senior 6 8 Max Costello 7 8 Pauline Brown 6 8 Peter Gelo 6 7 Rima Tawil 4 6 Samet Istar 2 7 Ilia Vurtel 5 8 Adam Hodges MINISTER, PARLIAMENTARY SECRETARIES & CAUCUS REPRESENTATIVES Minister/Parliamentary Secretary/Caucus Attendance Representatives Total Possible Frank McGuire, Member for Broadmeadows ASSOCIATE POLICY COMMITTEE MEMBERS 5

6 Name Attendance Total Possible Chris Smith 3 8 Damien Appoloni 1 8 Elliot Oliver 1 8 Harvey Stern 7 8 James Gaffey 4 8 Joseph Haweil 3 8 Mike Symon 3 8 Patrick Easton 2 8 B. CORRESPONDENCE REPORT Received From Subject Date Received Action Ivanhoe Branch Ivanhoe Branch Noah Carroll Federal Government Policy on Syrian Asylum Seeker intake China Free trade Agreement Associate Member voting rights 9/9/15 Letter sent to Federal Opposition Leader, Federal ALP Secretariat and Federal Caucus 9/9/15 Letter sent to Federal Opposition Leader, shadow minister for Foreign Affairs, shadow minister for Trade and Federal Caucus. 28/9/15 Noted C. POLICY DEVELOPMENT REPORT 1. POLICY DEVELOPMENT RESEARCH People & organisations the Policy Committee or Sub-committees have met with. Organisation Person Topics Discussed Date Office of the Premier Cameron Harrison Taxation reform, Federal/State funding 12/8/15 Office of the State Treasurer Sashi Belaramen Taxation reform, Federal/State funding 12/8/15 ALP Health Committee Rennis Witham, committee president Federal funding of Victorian health care 14/10/15 2. POLICY FORUMS - held & proposed 6

7 Date / Anticipated Date Location Key Topics Guest Speakers No. of Attendees TBC TBC Currently planning with the Economics Committee for a forum on Taxation and Federal funding for state health expenses. TBC N/A 4.ANY OTHER ITEMS: A submission was made to the National Policy Forum National Platform development process in relation to potential policy on Asylum seekers and refugee policy. The proposals particularly related to Chapter 9 of the Draft Federal Platform. President: Lance Wilson Secretary: Adam Hodges ATTACHMENT 1: SUMMARY EXPLANATION: WHY THE ATTACHED AMENDMENTS ARE ESSENTIAL (Note: text highlighted in yellow is regarded as desirable but not absolutely essential.) (1) Labor s asylum seeker/refugee policy needs re-calibrating to: (a) over-all, re-establish Labor's credibility and presence in this area; and (b) specifically, ensure that Labor wins public acceptance as being: (i) the only Party with a policy that: C. is principled and practical; and D. transitions Australia to an internationally acceptable long-term solution; (ii) distinctively different from and preferable to the extreme alternatives (unprincipled Coalition, unrealistic Greens). (2) To thus re-establish and re-position itself, Labor must: (a) commit to implementing asap Labor's long-term, regional solution a much increased humanitarian intake, creation of UNHCR-approved transit country processing centres, and timely processing of new arrivals (in such centres) plus prompt resettlement which, by giving asylum seekers and refugees a safe pathway that works, makes dangerous boat journeys unnecessary and unattractive; 3.accordingly, characterise the present situation as a transitional phase (pending full implementation of the regional solution), during which Labor will: 4.on the one hand, maintain some existing arrangements, including: 5.strict anti- people smuggler measures; and 6.the Manus Island and Nauru facilities; but (ii) on the other hand, reject, curtail or moderate others for example: reject the illegals tag and the fiction that unarmed boat people threaten to destroy Australia s borders; end boat turnarounds; repeal obnoxious Coalition legislation (e.g., boat turnarounds, Temporary Protection Visas; Refugee Convention dilutions); treat asylum seekers humanely and lawfully (notably by ensuring that OHS Acts apply in full and are complied with at both onshore and offshore facilities); and keep asylum seeker children out of detention; and 7

8 (c) (i) (ii) (iii) address some long-standing human rights criticisms: legislate ratified international instruments into domestic law, so they re enforceable; tell people with a negative security assessment the essential case against them so that they can respond; and devise alternatives to the life-long detention of proven security risk or stateless people. NOTE: (1) Amendments to the contractor arrangements paragraph are corrective to make clear that the Commonwealth, not any contractor, is the ultimate manager of the facilities. (2) Historical facts and figures are from a June 2013 Refugee Council of Australia policy brief: it s at: 8

9 ATTACHMENT 2: ANNOTATED AMENDMENTS Migration and Refugees Over-all perspective and principles 207. Labor believes in dealing with the complex issue of those seeking Australia s protection by giving expression to the values of compassion, fairness and generosity. These are values which are at the heart of the Australian identity. Along with a commitment to the rule of law, they are also traditional Labor values Labor acknowledges that, as global circumstances deteriorate, more and more people are seeking asylum from war, political or cultural persecution or environmental disaster, and that, as noted in the Refugee Council of Australia s Regional Policy Brief of June 2013 (RCA 6/13)[SOURCE REFERENCE NECESSARY TO PRE-EMPTIVELY ANSWER, WHERE DO THOSE FIGURES COME FROM? ], one-third of all refugees with the United Nations High Commissioner for Refugees (UNHCR) are in the Asia-Pacific region[vital FACTUAL CONTEXT]. Our policies in response are based on Labor s values and our international obligations. Labor believes that good policies not only benefit the Australian community and asylum seekers/refugees alike, but are essential to restore and maintain Australia s international reputation. [This next sentence was paragraph 156 of the former National Platform.] Labor will treat people seeking our protection with dignity and compassion and in accordance with our international obligations and core Australian principles of fairness and humanity. [DELETED BECAUSE IT MAINLY REPEATS THE VALUES AND INTERNATIONAL OBLIGATIONS WORDING ABOVE AND IN 209. SEE ALSO 216 AND 221 (DOT POINTS 3 &4).] 209. The issue of those seeking protection is both a global and regional one. Accordingly, in order to achieve a long-term resolution to the issue, it must be dealt with through international cooperation and not unilateral action. Regional co-operation [is] the only viable longer-term response [QUOTE SHOWS THE CONCEPT IS NOT JUST A LABOR THOUGHT BUBBLE]and, to that end, Australia must play a leadership role (RCA 6/13) Labor s over-all perspective acknowledges Australia s proud heritage of bipartisanship under the Fraser, Hawke and Keating governments during which, under our region s Comprehensive Plan of Action (CAP), 1.95 million Vietnamese, Laotian and Cambodian refugees were resettled, many in Australia[VITAL HISTORICAL CONTEXT] (RCA 6/13). Labor also looks to the future, asking, As Australians, knowing that millions of innocent poeple are refugees, displaced or fleeing from persecution, how should we be responding over the coming decades? 211. [ADDITIONAL WORDING BELOW NECESSITATES A PARAGRAPH BREAK HERE.]Labor s answer is, Better than we do now. Specifically, in collaboration with our neighbours and the UNHCR, Labor in Government will take the lead in 9

10 re-establishing, as soon as possible,[needed TO STRESS URGENCY] a set of principled, practicable regional arrangements along the lines of the CAP.[THE CAP REFERENCE AND THE FOLLOWING WORDING FLESHES OUT THE OTHERWISE AMORPHOUS WORD ARRANGEMENTS. WITHOUT SUCH CLARIFICATION, THERE COULD WELL BE CONFUSION/SUSPICION ABOUT WHAT LABOR IS REALLY UP TO.] Those arrangements would involve significantly expanding the UN s asylum seeker and refugee facilities plus, in one or more transit countries, creating an additional processing centre (massively resourced, mainly by Australia) so that, via timely processing and prompt resettlement, dangerous sea journeys to Australia become unnecessary, thus providing a viable long-term resolution In the above context, Labor views the current situation as a transitional phase [This next sentence is the former para. 157.] Labor recognises that, under the Refugee Convention, asylum seekers have the right to seek protection and asylum and that, regardless of the mode of arrival, this is not illegal under Australian or international law. Accordingly, Labor rejects the practice of referring to asylum seekers as "illegals", and denying asylum to stateless persons (Australia ratified the 1954 and 1961 UN Conventions on Statelessness on 13 December 1973). [WHITLAM GOV T. COMMITMENT SHOULD BE NOTED AND HONOURED.] 214. [SEPARATE POINT HENCE NEW PARAGRAPH]Labor in government abiding by the Refugee Convention, collaborating with neighbours and respecting their sovereignty will not turn back boats or forcibly return asylum seekers, before their asylum claims are duly processed, to a source country or, during the transitional phase,[qualifying LAST 4 WORDS NEEDED BECAUSE, ONCE UNHCR- APPROVED REGIONAL ARRANGEMENTS ARE ESTABLISHED, UNAUTHORISED BOAT ARRIVALS MAY WELL BE TRANSPORTED (BY AUSTRALIA, VIA SAFE AND APPROPRIATE MEANS) TO A TRANSIT COUNTRY PROCESSING CENTRE, AS PER THOSE ARRANGEMENTS, TO (1) DISCOURAGE DANGEROUS SEA JOURNEYS AND EMPHASISE THAT THEY ARE UNNECESSARY, AND (2) ENSURE THAT ALL ASYLUM SEEKERS TRYING TO COME TO AUSTRALIA ARE, TO THE EXTENT PRACTICABLE, TREATED EQUALLY.] a transit country. Labor will repeal the boat turnback 10

11 legislation Labor believes that as a country Australia must not harm people. Accordingly, Labor will ensure that asylum seekers, refugees and their children while in Australia s care as detainees or otherwise are treated humanely, as required by international and Australian law. [NEXT 2 SENTENCES NEEDED, GIVEN THE AHRC S FORGOTTEN CHILDREN AND MOSS REPORT REVELATIONS, BECAUSE IMMIGRATION FACILITIES ARE WORKPLACES AND OHS LAWS REQUIRE WORKPLACE OPERATORS TO ENSURE HEALTH & SAFETY OF NOT ONLY WORKERS BUT ALSO OTHER PERSONS (IN THIS CONTEXT, ASYLUM SEEKERS AND THEIR CHILDREN) AT WORKPLACES.]Labor will ensure that the relevant health and safety Acts [STATE & TERRITORY ACTS APPLY TO SOME EXTENT TO ONSHORE FACILITIES] not only apply without exemption [A SOVEREIGN BORDERS EXEMPTION WAS MADE IN DECEMBER 2013 UNDER THE COMMONWEALTH ACT AND FURTHER COALITION LEGISLATION FORESHADOWS MORE SUCH EXEMPTIONS SEE SCHEDULE 4 TO THE Customs and Other Legislation Amendment (Australian Border Force) Bill 2015] to the Commonwealth, contractors and workers at all workplaces (including offshore processing centres [APPLICATION ON MANUS ISLAND AND NAURU IS CURRENTLY VERY LIMITED]) where asylum seekers and their children are housed or managed [ MANAGED NEEDED TO COVER ON-WATER SITUATIONS], but also complied with, to protect all persons at those workplaces and ensure that children are not kept in detention. Labor will ensure that the Commonwealth Act s independent regulator, Comcare, is well resourced A fundamental principle in treating those seeking protection with humanity is to provide as much certainty as possible. An aspiration of certainty in all matters around asylum seekers, including the duration oftime taken to assessing refugees their claims and, if found to be refugees or entitled to protection, the waiting period before resettlement, must underpin Australian policy. International Engagement the key to achieving long-term resolution 217. [Former para. 157, dot point 2.] Labor will seek to lead debate on the new agreements and understandings required to ensure that the Refugee Convention and the international protection system function effectively over the long-term, including encouraging countries in our region to provide protection to those in need [This para. is based closely on former para. 159.] Recognising that irregular movement is a regional issue that requires a co-operative regional approach, Labor will engage with Australia s neighbours to seek innovative and effective solutions to the irregular movement of people through the region. This approach will include multilateral engagement, particularly through the Bali Process on People Smuggling, Trafficking in Persons and Related Transnational Crime (the Bali Process), and bilateral arrangements of a type envisaged by the Regional Cooperation Framework agreed at the Bali Process Ministerial Conference in March

12 219. [Sentences 1 & 2 and the dot points are from former para. 154.] The phenomenon of people smuggling has a long history arising from the need for people to escape from danger and persecution. Labor also recognises that those who decide to leave a country in perilous circumstances have the right under the Refugee Convention to determine their means of departure. [The next sentence is from former para. 159.] However, recognising the risk to life of people travelling on unsafe, unseaworthy and overcrowded boats, Labor supports measures to reduce such journeys by working with regional neighbours and the UNHCR Office of the United Nations High Commissioner for Refugees to eliminate any pull that people smugglers may have over vulnerable protection claimants by: Addressing people smuggling at its source; Pursuing strong regional and international arrangements which provide access to protection in countries of first asylum to deter secondary movements of asylum seekers; Developing the capacity, both in countries of first asylum and transit countries, to improve living standards and protection outcomes for asylum seekers who may be vulnerable targets of people smugglers; Expediting the claims for refugee status by asylum seekers in the region; and Substantially Iincreasing the humanitarian intake of genuine refugees from source and transit countries, thereby working through the backlog of people with refugee status to create an orderly pathway to resettlement in Australia a pathway which, along with timely processing of new arrivals and prompt resettlement of those found to be refugees, will and [former 159] provide asylum seekers with an a persuasive alternative to irregulardangerous boat travel to Australia. [NOTE: the next two paragraphs belong under the heading Humanitarian Migration Program, so it has been crossed through in its original position and moved here.] Humanitarian Migration Programme 220. [Former para. 177.] Noting that Pacific Island nations have a particular vulnerability to the effects of climate change, and that these nations have expressed a clear desire for Pacific peoples to continue to live in their own countries where possible, and acknowledging Australia s unique responsibilities in the Pacific, Labor will: Support Pacific Islanders to remain in their homelands as the first response to this challenge; Work to assist with intra-country relocations when citizens have to be moved from low-lying areas to higher ground; and 12

13 221. In the event that in the longer term permanent migration becomes necessary for some Pacific Islanders, work in close consultation with the region to ensure that appropriate settlement is achieved.[this sentence is part of dot point 1, former para The rest is in the paragraph after next.][consequential AMENDMENT REQUIRED BECAUSE HEADING HAS BEEN MOVED.] Labor will continue ensure that Australia s contribution to international aid efforts to alleviate the pressing humanitarian needs of displaced persons is substantial, as befits a relatively wealthy nation. [ADDITIONAL WORDING IMPLICITLY DISTINGUISHES LABOR S APPROACH FROM THAT OF THE COALITION, WITH ITS MASSIVE CUTS TO FOREIGN AID.] Humanitarian Migration Programme 222. [Similar to dot point 3, former 155.] Labor aspires to progressively increase Australia s humanitarian intake to 2730, 000 places per year [This is the rest of dot point 1, former para. 157.] In continuing Australia s generous humanitarian program, Labor will work to provide appropriate support for the travel and resettlement of refugees and others requiring Australia s protection. [The next sentence is from former paragraph 170.] Labor will review the financial and other assistance to Special Humanitarian Program arrivals to better address instances of financial hardship. Australia s Borders 224. [Reconfigure and amend this first sentence, then move it to the next paragraph, as shown.] For the Australian people to have confidence and trust in the integrity of our migration system, Labor will fund and maintain robust border security measures that support the orderly processing of migration to our country and protect our national interest and our national borders. Labor rejects the prevalent[ PREVALENT, NOT COALITION S, TO MAKE CLEAR THAT LABOR S EMPHATIC VIEW IS CORRECT IN ITS OWN RIGHT AND NOT MERELY A REACTION TO THE COALITION S BIG LIE.] fiction that unarmed children, women and men in small, unarmed boats are a naval force that threatens to destroy Australia s borders. The only real risk such boat people pose is to their own lives, and so the only real challenges they pose for Australia are (1) to minimise that risk, and (2) to manage their processing and resettlement or return so as to maintain an orderly migration regime Labor will meet both challenges by funding and implementing robust measures that are appropriate, first, to the transitional phase and then to the UNHCRapproved regional arrangements, thereby maintaining ongoing public confidence and trust in the integrity of our migration system Labor will ensure that asylum seekers who arrive by irregular means will not be punished for their mode of arrival Labor is united in its commitment to prevent further loss of life at sea of vulnerable children, women and men. Labor will: [Former para. 154.] Meet its obligations to the maritime principle of safety of life at sea which requires a response to assist in the rescue at sea of vessels in distress; 13

14 Consider introducing further penalties for serious people smuggling offences; and [Former 154.] Ensure repatriation of crew members who are proven to be juveniles. Arrangements during the transitional phase 228. To support Australia s strong border security regime Until and only until UNHCR-approved regional arrangements are established, Labor will maintain: Maintain Aan architecture of excised offshore places; and Maintain Tthe regional processing centres on Nauru and Manus Island but ensure that they are operated according to all applicable law[not JUST HEALTH AND SAFETY ACTS], including by having all refugee and protection claims processed by Australian staff in accordance with Australian law; and Ensure that, during initial checking, processing of refugee/protection claims in accordance with Australian law and while awaiting resettlement or return, unaccompanied children and children with their parent/s are housed in community facilities on Australian soil (e.g., on Christmas Island), not detention centressubject to non-statutory processing on Christmas Island of persons who arrive unauthorised at an excised place, except where other arrangements are entered into under bilateral and regional arrangements. Immigration Detention 229. [After the first three words, this sentence is dot point 1 of the former para. 168.] Under Labor s policies, the presumption will be that unauthorised arrivals who enter for the purpose of seeking asylum will, after appropriate checks, be detained only if the need is established [This para. is closely based on the former para 168, but with some dot points deleted.] Labor s humane and risk-based immigration detention policies and practices will be guided by key immigration detention values, namely: Three groups will be subject to mandatory detention. Labor will strive to ensure that this is for no longer than 90 days. - All unauthorised arrivals except unaccompanied children and children with their parent/s (who will be housed in alternative facilities), for management of health, identity and security risks to the community. Labor will strive to ensure this is for 90 days only[mere REPETITION]; - Unlawful non-citizens who present proven unacceptable risks to the community; and - Unlawful non-citizens who have been proven to persistently refuse to comply with their visa conditions; 14

15 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, will be subject to regular review; Detention in an immigration detention centre (IDC) or, during the transitional phase, detention of unauthorised arrivals (other than unaccompanied children and children with their parent/s) in the Nauru or Manus Island facilities[qualification NEEDED, AS PER THE FIRST PARA. UNDER THE HEADING Arrangements during the transitional phase, ABOVE], is only to be used as a last resort and for the shortest practicable time; People in detention will be treated fairly and reasonably within the law; and Conditions of detention will ensure the inherent dignity of the human person [This sentence is loosely based on former para.168, dot point 3.] [IT IS CROSSED THROUGH BECAUSE THE PARAGRAPH IMMEDIATELY ABOVE MAKES IT REDUNDANT.] Labor s humane and risk-based immigration detention policies and practices will include a commitment to ensure that after the necessary health, identity and security checks every humanly practical effort will be taken to remove children and their families from immigration detention centres (IDCs) into alternative arrangements Labor will ensure that all Australian Government involvement in detention asylum seeker/refugee facilities it operates or funds, including those on Manus Island and Nauru[TO MAKE CLEAR THAT THIS PARA. APPLIES TO ALL FACILITIES], is subject to pro-active, transparent, and independent oversight, including by health and safety regulators. Provisions for this oversight will be reflected in all contracts with service providers. Labor in government will use its best endeavours to provide for this oversight and in any relevant international agreements [Former para. 170.] Recognising the inequities of the policy of charging immigration detainees a daily maintenance rate while in immigration detention, Labor extinguished such detention debts and will oppose any attempts to reinstate this practice [Closely based on former para. 168, dot point 1.] As soon as the reasons for mandatory detention have ceased every effort must be made to remove asylum seekers from IDCs through community detention or the granting of bridging visas with work rights. Means-tested access to migration assistance should be provided while the merits of an asylum seeker s application are assessed [Based closely on former para. 169.] ManagementThe provision of services[correction NEEDED THE COMMONWEALTH HAS OVER-ALL MANAGEMENT: CONTRACTORS JUST PROVIDE PARTICULAR SERVICES CATERING, SECURITY, ETC.] at IDCs and the Nauru and Manus Island facilities will remain with private sector management contractors for the term of the current contracts. In evaluating the future form of detention facility and detention services management provision, the views of all stakeholders, including the relevant trade unions must be taken into account. Refugee Assessment 15

16 236. Labor believes protection claims made in Australia should be assessed and reviewed on the individual merits with procedural fairness ensuring that our international human rights obligations are met. Accordingly: The assessment and review of protection claims should be underpinned by robust, efficient and transparent processes that ensure fair and consistent outcomes, including access to review and independent advice; The assessment and review of protection claims must be independent and free from any political or diplomatic interference; The processing of protection claims must be streamlined to enhance the quality of decision-making, to provide more efficient pathways for prompt resolution of visa status and to alleviate the courts immigration case-load burden; and The Stone Review process will be maintained for the time being as an important mechanism for ensuring the fairness of Australia s security assessment system [Opening wording plus dot point 1 are from former para. 161, dot point 4.] However, Labor will require the National Security Legislation Monitor to advise on establishing other mechanisms for means of: independent review of the adverse security assessments that ensures procedural fairness in particular the right of the person concerned to know, and respond to, the essence of the adverse assessment case while recognising that, without over-riding that right, processes may be required to protect intelligence sources and methodology; and management of those whose adverse assessment is upheld [Former para. 161, dot point 5.] Labor will explore options other than indefinite detention including third country resettlement to deal with refugees with adverse security assessments in a way that does not jeopardise Australia s national security interests Reporting on the 90 day rule, which requiresd that refugee status determinations arebe concluded within 90 days from the time of application, has been an important accountability measure in ensuring that the Government operates in a timely way in assessing protection applications Labor in Government will: Reintroduce the 90 day rule into the Migration Act 1958; With a view to reducing processing times, negotiate faster responses from overseas agencies, improve the staff-applicant ratio and staff training, and work consultatively with management and staff (via enterprise agreement processes where they apply) to improve efficiency; [PHASED APPROACH NEEDED FOR PRACTICAL REASONS, INCLUDING NOT CLOGGING THE COURTS BY PREMATURE INSERTION OF A COURT ORDER REQUIREMENT.]as If those improvements take have sufficient effect, progressively reduce the 90 day period accordingly; 16

17 If the period is thus reduced to 60 days, further amend the Act to require a court order to extend detention beyond 90 days; and Aim to ultimately reduce the period to, if practicable, 30 days, with a court order then being required to extend detention beyond 60 days The existing fast track assessment process under the auspices of the Immigration Assessment Authority and the limitation of appeal rights does not provide a fair, thorough and robust assessment process for persons seeking asylum Labor in Government will abolish this fast track assessment process Labor believes the Refugee Convention plays a critical role in Australian law. Referring to the Refugee Convention in the Migration Act 1958 is good legislative practice Labor in Government will reintroduce the appropriate references to the Refugee Convention into the Migration Act and repeal Coalition amendments that dilute the Convention s meaning and reduce its application. Labor in Government will also incorporate other relevant international instruments to which Australia is a party into Australian law, so that they apply directly, not just by inference Protection visa applications made in Australia should be assessed by Australians on Australian territory Under legislation passed by Labor, complementary protection claims should be considered by way of the protection visa framework. Australia s Protection 247. Those found to be owed Australia s protection under the Refugee Convention and other international instruments should be given permanent protection under the Migration Act Those not found to be owed Australia s protection under the Refugee Convention, Complementary Protection and other international instruments should will be promptly returned once all relevant legal avenues are exhausted Temporary Protection Visas place refugees in an ongoing state of uncertainty and prevent meaningful settlement. This creates poor outcomes for refugees and denies Australia the benefit of their contribution Labor in Government will abolish Temporary Protection Visas and provide permanent protection. Settlement of Refugees 251. [This self-congratulatory paragraph lacks the informative detail of former paras. 159 and 160 suggest restore as shown, plus mention that settlement assistance includes help with obtaining jobs and skills.] Australia s The Commonwealth s specialised and tailored settlement support services are regarded as the best in the world in connecting new arrivals to society and ensuring a seamless transition to mainstream services provided for by other levels of government. Labor is committed to maintaining this and accordingly will ensure that sufficient focus and resources are directed to our such settlement services, including: 17

18 Orientation courses for humanitarian entrants prior to arrival in Australia; Initial intensive settlement assistance for humanitarian entrants for up to 12 months after arrival, including job referral services commencing on arrival followed by Government-subsidised skills courses; Specialised case management services where there are significant barriers to successful settlement; Orientation and referral services to build self-reliance in individuals and families and foster community participation and development; and Access to the Translating and Interpreting Service [First sentence similar to that of former para. 161 but lacking the restored (in more concise form) dot points.] Labor will work to ensure the provision of appropriate English language tuition as an essential settlement service which is critical to the achievement of full social and economic participation of refugees. Labor will continue to provide: English language programs tailored to assist new settlers, plus attendanceenabling childcare support where needed; and opportunities to continue learning English while at work, with a focus on Australian workplace culture and practices [Almost identical to former para. 164.] Labor will seek to improve the availability and integration of Commonwealth-funded migrant and settlement services. Labor will ensure settlement service policies are: Informed by advice from the Refugee Resettlement Advisory Council, the Settlement Council of Australia and other key stakeholders and the community; and Coordinated in partnership with sstate and tterritory governments, local councils, community organisations and service delivery providers [Abbreviated version of former para. 166.] Labor is committed to ensuring that services across governments for refugees are culturally responsive, universally accessible and consistent with Labor s social inclusion agenda [Former para. 165.] Labor acknowledges the positive effect regional settlement can have on in rural locations. Labor in Government will actively encourages the settlement of suitable humanitarian entrants in regional locations with the support of sstate and local governments and local communities, and, in those circumstances, will may require [CHANGE NEEDED TO PRESERVE ADMINISTRATIVE FLEXIBILITY A HUMANITARIAN ENTRANT MIGHT HAVE, E.G., A MEDICAL CONDITION FOR WHICH SPECIALISED, FREQUENT TREATMENT IS ONLY AVAILABLE IN A MAJOR CITY, MAKING THE GENERAL REQUIREMENT INAPPROPRIATE IN THE PARTICULAR CASE]the refugees concerned to work on regional public benefit projects for a specified period during initial resettlement. The Economic and Social Contribution of Migrants and Refugees 18

19 256. [Former para. 146.] Labor recognises the economic and social contribution that has been made by migrants and refugees throughout our nation s history. Labor regards Australia s diversity as a source of national strength and a critical factor in nation building [Former para. 147.] Australia is and will remain a society of people drawn from a rich variety of cultural, ethnic, linguistic and religious backgrounds. Australia is and will remain a multicultural society [Former para. 148, minus one dot point and the restored words in dot point 5.] To support Australia s multicultural society, Labor s migration policies will: Remain non-discriminatory; Respect the heritage and traditional customs of migrants and their children; Recognise the importance of all aspects of the migration program, including skilled, family and humanitarian streams; Support Australia s social cohesion by encouraging universal respect for Australia s democratic beliefs and laws, and the rights, responsibilities and privileges of Australian citizenship; Consistently oppose those who foster extremism, hatred, criminalization of asylum seeking, ethnic division or incitement to violence; Be evidence-based, supported by rigorous research and evaluation. 19

20 ATTACHMENT 3: CLEAN VERSION Migration and Refugees Over-all perspective and principles 259. Labor believes in dealing with the complex issue of those seeking Australia s protection by giving expression to the values of compassion, fairness and generosity. These are values which are at the heart of the Australian identity. Along with a commitment to the rule of law, they are also traditional Labor values Labor acknowledges that, as global circumstances deteriorate, more and more people are seeking asylum from war, political or cultural persecution or environmental disaster, and that, as noted in the Refugee Council of Australia s Regional Policy Brief of June 2013 (RCA 6/13), one-third of all refugees with the United Nations High Commissioner for Refugees (UNHCR) are in the Asia-Pacific region. Our policies in response are based on Labor s values and our international obligations. Labor believes that good policies not only benefit the Australian community and asylum seekers/refugees alike, but are essential to restore and maintain Australia s international reputation The issue of those seeking protection is both a global and regional one. Accordingly, in order to achieve a long-term resolution to the issue, it must be dealt with through inter-national cooperation and not unilateral action. Regional co-operation [is] the only viable longer-term response and, to that end, Australia must play a leadership role (RCA 6/13) Labor s over-all perspective acknowledges Australia s proud heritage of bipartisanship under the Fraser, Hawke and Keating governments during which, under our region s Comprehensive Plan of Action (CAP), 1.95 million Vietnamese, Laotian and Cambodian refugees were resettled, many in Australia (RCA 6/13). Labor also looks to the future, asking, As Australians, knowing that millions of innocent people are refugees, displaced or fleeing from persecution, how should we be responding over the coming decades? 263. Labor s answer is, Better than we do now. Specifically, in collaboration with our neighbours and the UNHCR, Labor in Government will take the lead in reestablishing, as soon as possible, a set of principled, practicable regional arrangements along the lines of the CAP. Those arrangements would involve significantly expanding the UN s asylum seeker and refugee facilities plus, in one or more transit countries, creating an additional processing centre (massively resourced, mainly by Australia) so that, via timely processing and prompt resettlement, dangerous sea journeys to Australia become unnecessary, thus providing a viable long-term resolution In the above context, Labor views the current situation as a transitional phase Labor recognises that, under the Refugee Convention, asylum seekers have the 20

21 right to seek protection and asylum and that, regardless of the mode of arrival, this is not illegal under Australian or international law. Accordingly, Labor rejects the practice of referring to asylum seekers as "illegals", and denying asylum to stateless persons (Australia ratified the 1954 and 1961 UN Conventions on Statelessness on 13 December 1973) Labor in government abiding by the Refugee Convention, collaborating with neighbours and respecting their sovereignty will not turn back boats or forcibly return asylum seekers, before their asylum claims are duly processed, to a source country or, during the transitional phase, a transit country. Labor will repeal the boat turnback legislation Labor believes that as a country Australia must not harm people. Accordingly, Labor will ensure that asylum seekers, refugees and their children while in Australia s care as detainees or otherwise are treated humanely, as required by international and Australian law. Labor will ensure that the relevant health and safety Acts not only apply without exemption to the Commonwealth, contractors and workers at all workplaces (including offshore processing centres) where asylum seekers and their children are housed or managed, but also complied with, to protect all persons at those workplaces and ensure that children are not kept in detention. Labor will ensure that the Commonwealth Act s independent 21

22 regulator, Comcare, is well resourced A fundamental principle in treating those seeking protection with humanity is to provide as much certainty as possible. An aspiration of certainty in all matters around asylum seekers, including the time taken to assess their claims and, if found to be refugees or entitled to protection, the waiting period before resettlement, must underpin Australian policy. International Engagement the key to achieving long-term resolution 269. Labor will seek to lead debate on the new agreements and understandings required to ensure that the Refugee Convention and the international protection system function effectively over the long-term, including encouraging countries in our region to provide protection to those in need Recognising that irregular movement is a regional issue that requires a cooperative regional approach, Labor will engage with Australia s neighbours to seek innovative and effective solutions to the irregular movement of people through the region. This approach will include multilateral engagement, particularly through the Bali Process on People Smuggling, Trafficking in Persons and Related Transnational Crime (the Bali Process), and bilateral arrangements of a type envisaged by the Regional Cooperation Framework agreed at the Bali Process Ministerial Conference in March The phenomenon of people smuggling has a long history arising from the need for people to escape from danger and persecution. Labor also recognises that those who decide to leave a country in perilous circumstances have the right under the Refugee Convention to determine their means of departure. However, recognising the risk to life of people travelling on unsafe, unseaworthy and overcrowded boats, Labor supports measures to reduce such journeys by working with regional neighbours and the UNHCR to eliminate any pull that people smugglers may have over vulnerable protection claimants by: Addressing people smuggling at its source; Pursuing strong regional and international arrangements which provide access to protection in countries of first asylum to deter secondary movements of asylum seekers; Developing the capacity, both in countries of first asylum and transit countries, to improve living standards and protection outcomes for asylum seekers who may be vulnerable targets of people smugglers; Expediting the claims for refugee status by asylum seekers in the region; and Substantially increasing the humanitarian intake from source and transit countries, thereby working through the backlog of people with refugee status to create an orderly pathway to resettlement in Australia a pathway which, along with timely processing of new arrivals and prompt resettlement of those found to be refugees, will provide asylum seekers with a persuasive alternative to dangerous boat travel to Australia. Humanitarian Migration Program 22

23 272. Noting that Pacific Island nations have a particular vulnerability to the effects of climate change, and that these nations have expressed a clear desire for Pacific peoples to continue to live in their own countries where possible, and acknowledging Australia s unique responsibilities in the Pacific, Labor will: Support Pacific Islanders to remain in their homelands as the first response to this challenge; Work to assist with intra-country relocations when citizens have to be moved from low-lying areas to higher ground; and In the event that in the longer term permanent migration becomes necessary for some Pacific Islanders, work in close consultation with the region to ensure that appropriate settlement is achieved Labor will ensure that Australia s contribution to international aid efforts to alleviate the pressing humanitarian needs of displaced persons is substantial, as befits a relatively wealthy nation Labor aspires to progressively increase Australia s humanitarian intake to 30, 000 places per year In continuing Australia s generous humanitarian program, Labor will work to provide appropriate support for the travel and resettlement of refugees and others requiring Australia s protection. Labor will review the financial and other assistance to Special Humanitarian Program arrivals to better address instances of financial hardship. Australia s Borders 276. Labor rejects the prevalent fiction that unarmed children, women and men in small, unarmed boats are a naval force that threatens to destroy Australia s borders. The only real risk such boat people pose is to their own lives, and so the only real challenges they pose for Australia are (1) to minimise that risk, and (2) to manage their processing and resettlement or return so as to maintain an orderly migration regime Labor will meet both challenges by funding and implementing robust measures that are appropriate, first, to the transitional phase and then to the UNHCRapproved regional arrangements, thereby maintaining ongoing public confidence and trust in the integrity of our migration system Labor will ensure that asylum seekers who arrive by irregular means will not be punished for their mode of arrival Labor is united in its commitment to prevent further loss of life at sea of vulnerable children, women and men. Labor will: Meet its obligations to the maritime principle of safety of life at sea which requires a response to assist in the rescue at sea of vessels in distress; Consider introducing further penalties for serious people smuggling offences; and Ensure repatriation of crew members who are proven to be juveniles. Arrangements during the transitional phase 23

24 280. Until and only until UNHCR-approved regional arrangements are established, Labor will: Immigration Detention Maintain an architecture of excised offshore places; Maintain the regional processing centres on Nauru and Manus Island but ensure that they are operated according to all applicable law, including by having all refugee and protection claims processed by Australian staff in accordance with Australian law; and Ensure that, during initial checking, processing of refugee/protection claims in accordance with Australian law and while awaiting resettlement or return, unaccompanied children and children with their parent/s are housed in community facilities on Australian soil (e.g., on Christmas Island), not detention centres Under Labor s policies, the presumption will be that unauthorised arrivals who enter for the purpose of seeking asylum will, after appropriate checks, be detained only if the need is established Labor s humane and risk-based immigration detention policies and practices will be guided by key immigration detention values, namely: Three groups will be subject to mandatory detention. Labor will strive to ensure that this is for no longer than 90 days. - All unauthorised arrivals except unaccompanied children and children with their parent/s (who will be housed in alternative facilities), for management of health, identity and security risks to the community; - Unlawful non-citizens who present proven unacceptable risks to the community; and - Unlawful non-citizens who have been proven to persistently refuse to comply with their visa conditions; 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, will be subject to regular review; Detention in an immigration detention centre (IDC) or, during the transitional phase, detention of unauthorised arrivals (other than unaccompanied children and children with their parent/s) in the Nauru or Manus Island facilities, is only to be used as a last resort and for the shortest practicable time; People in detention will be treated fairly and reasonably within the law; and Conditions of detention will ensure the inherent dignity of the human person. 24