The National Council of Churches in Australia (NCCA) today congratulated Liberal backbenchers for
announcing two private members' bills to reform Australia's system of mandatory, indefinite and nonreviewable
detention and restore access to permanent visas for refugees in need of Australia's protection.
"It's a simple issue. Should we indefinitely detain without review every man, woman and child without a
visa or should the Government have to justify detaining someone beyond the 90 days required for health,
security and identity checks?" said James Thomson, the NCCA's refugee spokesperson.
The 15 member churches of the NCCA believe that detention should be a last resort and only used for
health, security and identity checks. Australia's system of mandatory, indefinite and non-judicially
reviewable detention goes well beyond what is necessary and permissible under international human
rights law.
"The problem is that despite the suffering of those locked away indefinitely under the current system
neither Liberal nor Labor want to appear to be going soft on border protection. Yet there are now many
Liberal and Labor parliamentarians who cannot in good conscience continue to support 'the party line'.
When the Bill goes to parliament, they must be allowed to vote freely. This is a human rights issue and
one that warrants conscience vote.
"There has never been a proper public debate on the need for Australia's system of mandatory, nonreviewable
and indefinite detention. Nor have Australians been polled on the question of whether they
want a humane or inhumane system. Only whether they are for the current system or against it. If
Australians can't decide directly then we can at least allow their elected representatives to vote without
fear of party sanctions."
"This Bill is the circuit breaker we've been looking for" said Mr Thomson. "Its time Australia wiped the
slate clean and started afresh with a humane system of detention."
The Mandatory Detention Bill aims to end Australia's system of indefinite, unreviewable detention by
creating a system of judicial review for those held in detention for more than 90 days. Under the Bill,
unless a case is made for continued detention, detainees would be released on a bridging visa while their
protection application is decided. Unsuccessful applicants who cannot be returned home could also
qualify for release.
The Act of Compassion Bill aims to create the new position of 'judicial reviewer', who would
independently assess the cases of those in detention for 12 months and children and families in detention.
It also proposes that permanent residence be given to refugees with temporary protection visas and those
who cannot be sent home (conditional).
The 15 member churches of the NCCA have been equally clear on the need to grant all refugees released
from detention a permanent protection visa so they can begin to rebuild their lives instead of living in fear
of being forcibly sent home.
For more information contact: James Thomson on (02) 9299 2215 or 0402 67 55 44