Dr Gabrielle Appleby talks to the Law Report on RN about the discretionary force at detention centres

Kaldor Centre member, Dr Gabrielle Appleby, talks with Radio National's Law Report on the proposed Migration Amendment (Maintaining the Good Order of Immigration Detention Facilities) Bill.  Dr Appleby explains that the Bill allows employees in immigration detention centres much greater power than police or customs officers, without justification or sufficient oversight.

Dr Appleby co-authored a submission on the Bill submitted by the Kaldor Centre, noting that:

• the Bill creates a significant risk that Australia’s international legal obligations will be violated, including obligations under the International Covenant on Civil and Political Rights (ICCPR) and the Convention against Torture (CAT);
• the Bill confers broad, discretionary powers on individual officers, and there are insufficient legislative safeguards to ensure that such powers are exercised responsibly or in accordance with basic human rights standards;
• the Bill does not contain a clear set of criteria about when force may be used, the degree of force that may be used, or how much consideration an officer must give to the consequences of his or her actions when exercising force; and
• the Bill does not provide for a strong accountability mechanism, and limits the right to an effective remedy for individuals whose human rights or freedoms have been violated.

Listen to the Law Report interview and read the Kaldor Centre's submission.