Families may be freed from detention Print E-mail
Written by The Age   

June 17, 2005
The Age

Prime Minister John Howard says he has reached a compromise agreement with rebel Liberal MPs over changes to the government's mandatory detention policy.

But Mr Howard said the framework of the government's policy was intact.

"Mandatory detention will remain," he said.

"We will maintain our strong position on border protection, that is the excision of islands, the maintenance of offshore processing, and . . . the policy of turning boats around."

Mr Howard said although there was strong support for the existing policy, the government would take the opportunity to see it was administered more fairly, flexibly and in a timely manner.

He said the government would amend the Migration Act to allow families seeking asylum in Australia to be released from detention centres.

Immigration Minister Amanda Vanstone will be given new powers to specify alternative arrangements for a person's detention and grant visas to detainees at her own discretion.

"The purpose of this, in shorthand, is to enable the detention of families with children to take place in the community where conditions would be set to meet their individual circumstances,'' he said.

"I stress their legal status would still be that of detention.

"They won't be given visas except if they meet entitlements for visas under other circumstances.''

Mr Howard said the Migration Act would also be changed to allow the immigration minister to grant visas to detainees.

"The purpose of that is to give more flexibility and discretion to the minister,'' he said.

"But I stress both of those powers will be non compellable.

"In other words, they will be exercised at the discretion of the minister.

"We would not want children to be detained except as a last resort.''

Mr Howard said there would be a number of changes relating to the timing of the assessment of those in detention.

A primary decision on a person's detention will be required to be taken within three months.

The Refugee Review Tribunal will also have to make its decisions within three months.

"If that doesn't happen, there's no automatic consequence other than the requirement that regular reports be tabled in parliament detailing cases that haven't met those time limits,'' he said.

"In a number of those cases not meeting those time limits is not the fault of the department.''

For every person in detention more than two years, the immigration department will have to report to the ombudsman on the circumstances surrounding the detention.

The ombudsman will then make a report, and recommendation, to the immigration minister.

Mr Howard stressed that although the ombudsman would make recommendations, those recommendations would not be binding on the minister.

The prime minister said the department would also expedite its primary assessments of applications for permanent protection visas from the people on temporary protection visas.

There are about 4,000 outstanding cases of people on temporary protection visas.

Their cases will be assessed by October 31.

"They will look at the documentation and unless there is disposition to reject it then it won't be necessary for a further interview to take place,'' Mr Howard said.

He said the implementation of the changes would be overseen by an interdepartmental committee chaired by Peter Shergold, secretary of the Department of Prime Minister and Cabinet.

The changes have been prompted by a plan by rebel backbencher Petro Georgiou, backed by a handful of his coalition colleagues, to table two private members bills to water down the mandatory detention policy.

"The member for Kooyong (Mr Georgiou) has informed me he will be withdrawing his private members bills, of which he has given notice,'' Mr Howard said.

The bills were due to be tabled on Monday.

Mr Howard said the agreed changes represented a sensible advance on the present arrangements.

"They don't in any way undermine the existing policy,'' he said.

"There is no substitution of judicial review or independent officer review of government decisions. There is the introduction of a number of long overdue, I believe, changes to accelerate the process.

''(They) meet a very strongly recurring criticism in the party room - that is, that everything was taking too long.''

Mr Howard said the party had dealt with the issue well.

"This is a very good outcome for the Liberal Party,'' he said.

"We have dealt with an issue, and we have dealt with it maturely and openly and we have dealt with it in a way that is respectful to the views of the colleagues who are in a minority.

"Also, in the end the majority view, in a sensitive way, of the partyroom has prevailed and that is how it should be.

"I regard this as the mature behaviour of a successful political party.''

Mr Howard said he had spent seven or eight hours in talks with the dissenting MPs. He described it as time well spent.

He said he had kept in touch with Senator Vanstone on the issue throughout his talks.

"It's time well spent and we've handled an issue,'' he said.

 

Jarvis Walker     Arlec

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Featured Articles

The 'Forgotten People'

by Anna Malbon from the Progress Press October 22, 1996

WHEN nine-year-old "Tom" was asked to draw a picture of himself with his mother be drew her trying to strangle him.

Tom entered the world of adults too early. If he was ever immune to the complications and pain of life that adults try to shelter from children, he says he can't remember.
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Bulletin Board

I had to struggle extra hard

Her doctors did not bother to enquire about my father and I.

They only listened to her stories ”

“ I grew up thinking - Nobody wanted to help. Nobody wanted to know.”

Hi, I had a mentally ill mother. She passed away last year. I literally grew up hanging around mental hospitals because my Mom's condition was a cycle that always ends in a mental hospital. When I was younger, there was a long period when I cried my eyes out every time I was separated from my mentally ill mother because she had to stay in a mental hospital. After I grew older, my Mom's mental illness became impossible for me to bear.

Literally, my Mom's mental illness ruined my life. I think. I had to struggle extra hard for everything because of my big handicap at home. There was no support at all from anyone other than my father. Nobody else wanted to know about it. My mother's own cousin even said to my father not to bring my Mom to their place. I grew up thinking - Nobody wanted to help. Nobody wanted to know. My mother's own sister has been complaining since 2000 and her last complain was on 5 July 2014. This particular aunt keeps complaining about the same thing. That she had to take my Mom for her weekly injections and complained that my father and I was not around to do it. Then, she goes on to say that she saw my Mom beat me up with a cane. When she said that, I asked my Aunt, you saw my Mom beat me up with a cane? She said yes and than, she walked away.

I feel very sore with this aunt. Number one, the period she was complaining about was when I was still schooling and my father's and my mental health had deteriorated so badly that we had to leave the state for our own sanity. Before joining my father, I had to live alone with my Mom and my baby sister for almost a year. My aunt who lived a few minutes drive away did nothing when my Mom beat me up every day for months until my father managed to cut the red tape to remove me. My body was full of bruises and I was terrified to go home after school. Nobody helped. Not the neighbours who can hear all my mom's shouting at me, nor my aunt, nor my grandparents, nor my school's teachers. Someone should had intervened for a 12+ little girl. No adult helped. My father was trying his best to get me away to stay with him. Nobody helped him.

On XXXXXXXXXXXX, my Mom's sister let slip she saw my Mom beat me with a cane. And yet she did nothing! My aunt even had the cheek to say that my Mom beat me up because I said I wanted to go live with my father. The way my aunt said it was like the beatings were wholly my fault. What is wrong with the picture? You have a 12+ girl being beaten up daily, you are an aunt who knows something is going on and did nothing. Yet for years later you complain about having to take your own blood sister for her injections. And, I do not think she did it for longer than my own experiences. Probably only a few times because my father and I had to travel frequently to see to my mother. Due to the cyclic nature of her illness.

I have been going with my father when he took my mother for her weekly injections as a little girl, knee high, ever since I can remember. My own aunt is so calculative. There was a nurse that visits my Mom to give her her injections. But, the problem is my Mom will not let the nurse into her house that is why the intervention is needed. I have lost count on the number of times I had to go with my Mom for her injections as a little girl.

Her doctors did not bother to enquire about my father and I. They only listened to her stories and full stop. I think my Mom's doctors are the most heartless people I have ever met in my life. Until today, I do not like anyone who officially practices psychology because those doctors etc... contributed to my life being ruined. That is how I feel. I have been scolded by my Mom's medical team and they even dumped my Mom on me after I just turn 18 and there was no other adult around. And, they knew the situation. I was terrified because my Mom was a very violent. My Mom has pitched me, beaten me up, she has biten me with her teeth, she has smashed my head against the table and threatened to beat me with a piece of hard wood. I experienced all these as a little girl at the tender age of 12+ I had to learn karate to protect myself from her violent ways. And, when my Mom was home, I would lock my room's door and place a chair against it. I was that terrified of her.

All our belongings can go missing because my Mom is good at that sort of thing. You never know what is what with my Mom. It is like having a criminal live under the same roof as you.

My aunt kept repeating to me that on my mother's death anniversary I will have go visit her cemetery. I live in a different state from where my mother's cemetery is located. And, my aunt knows that very well. However she repeated her question to me until I said yes. I hate being forced to do something against my will because I have been forced to do things against my will my whole life.

My life is in ruins because of my mother's mental illness and people like my aunt is perpetuating the troubles for me after my mother's death. When I was 12+, my mother's mother said to me that it is my father's job to take care of my mother. In other words, my father's job and mine. And, they never lifted a finger to help. Just helping a little, my aunt has been complaining about the same thing for more than a decade. Unbelievable. Shameful.

Even though my father and I lived in a different state from my mother, we had to travel up and down every weekend because that is demanded of my mother. Sometimes, we had to travel after school and upon our arrival, she won't let us in and we had to travel all the way back. And, my father will not let me sleep at home as it is a school day, I had to go to school. My education was very important to my father. My mother could not be bothered if I succeeded or not.

I have seen more than any of my Mom's relatives have seen with regards her mental illness but people whom I just met behave like I have no idea about my Mom like they are the authority on her behaviour and her illness. Goodness gracious.

Despite this huge handicap in my life I persevered with my studies. My Mom did not give me any moral or emotional support at all. In fact her mental illness cycle will peak just or during my important exams. In other words, I had to deal with my exams and on top of them a mentally ill mother. By my final year in university, I could not take the pressure of exams and a mentally ill mother's break downs anymore.

When I was in my teenage years and early adult years, I was suicidal. I had to call Befrienders a lot. Thank God for Befrienders.

Before XXXXXXXXXXdate, I do not wish my experience to be experienced by anyone else because it is torture. However, after feeling how hard hearted my aunt is. A so called holy person, a church goer, rich person who has successful kids and grand kids. And, she can talk like it is my fault that my Mom beat me up and she (my aunt) had to take her (her own sister) for her injections when I was a kid. I really wish that my aunt must reincarnate as my father (a few lifes) so that she can eat her own words. If my aunt reincarnates and is put in my father's shoes, she would really deserve it. Hope she learns compassion through it all.

Why can't the world give children of the mentally ill a break? I am so fed up with all this troubles that stem from my mother's sister's attitude towards my father and I. After all shel lives a great lives. Rich live. What is wrong with these people? I really cannot stand them. This is my story.

After I wrote the above - I am more myself now, and I totally forgive my aunt and everybody who did nothing to help my father and I. And, everybody else who were heartless towards my father and I. However, I still think that by living a few life times as my father (my aunt) - would do her some good. But, knowing her character, she might become a psychopath and pose a threat to humanity. My father is a very, very kind soul. My aunt is a hard hearted, prejudiced, narrow minded, one tracked mind person.

How I cope? Trying my best to keep out of their way, and hang out with positive people. There are plenty of great people out there. Nnaami is included :)

GerryCan

South East Asia