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New penalties proposed to protect migrant workers from coercive exploitation
The Government has released for public consultation an exposure draft of the Migration Amendment (Protecting Migrant Workers) Bill 2021 that proposes new criminal offences and civil penalties to further protect migrant workers from exploitation.
Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs, Alex Hawke said the proposed Bill sends a strong message from the Australian Government that wage underpayment and other exploitative practices against migrant workers are unacceptable and will not be tolerated.
“This legislation is timely as we work on economic recovery from COVID-19. We want to ensure Australia maintains a strong reputation as a destination of choice for working holidaymakers, students and skilled migrants,” Mr Hawke said.
But new amendments to the Migration Act now allow the federal government to lock people in immigration detention indefinitely. Refugee advocates say that the changes have been made following court decisions forcing it to release asylum seekers.
The Federal Court last year ordered the release of a detainee who had been held for six years. The 29-year-old Syrian man has lived in Australia since 1996, but when he failed the character test contained in section 501 of the
Migration Act 1958, his visa was cancelled.
The man’s lawyer, Alison Battisson from Human Rights for All, successfully argued in court that under the principle of
Draconian new refugee law a threat to everyone greenleft.org.au - get the latest breaking news, showbiz & celebrity photos, sport news & rumours, viral videos and top stories from greenleft.org.au Daily Mail and Mail on Sunday newspapers.
Long-term, often indefinite, mandatory detention has become Australia’s first resort, rather than its last.
Indefinite detention is considered arbitrary – and therefore unlawful – under international human rights law.
Decades of medical research across the world – including studies commissioned by the Australian government – have consistently warned the wearing uncertainty of indefinite detention is deeply damaging for those so held.
But this week the Australian parliament, with almost no debate, codified the indefinite detention of refugees and asylum seekers, including without charge or trial, into domestic law.
Parliament was told about a “small cohort” – some put the figure at 21 – of “serious criminals” who can be neither deported nor released into the Australian community.
The government’s explanatory statement says the law gives the minister oversight to protect human rights.
“The minister has a personal discretionary power under the Migration Act to intervene in an individual case and grant a visa . to a person in immigration detention, if the minister thinks it is in the public interest to do so. What is and what is not in the public interest is for the minister to decide.”
The bill was supported by Labor members.
But rights groups argue that while the legislation notionally provides protections against returning refugees to a place where they face harm, the law, in effect, gives the minister a new power to overturn refugee status in breach of international law, and contains no mechanism to prevent the indefinite detention of refugees who cannot be returned.