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FRLI ID:
F2012L02201
Portfolio:
Immigration and Citizenship
Committee view
2.1
The committee notes that it is currently examining this instrument as
part of the package of legislation relating to the Migration
Legislation Amendment (Regional Processing and Other Measures) Act 2012, with regard to the following issues:
- the operation and scope of this instrument, including the class
of persons to whom it applies;
- whether it is consistent with the right to work in article 6 of
the International Covenant on Economic, Social and Cultural Rights; and
- whether the restriction on work rights may impact on the
prohibition against inhuman or degrading treatment in article 7 of the
International Covenant on Civil and Political Rights (ICCPR), particularly if
the work restrictions combined with minimal support results in destitution.
Overview
2.2
This instrument operates to make work rights discretionary for
particular bridging visa holders. The instrument does not apply to certain
'offshore entry persons' who entered Australia on or after 13 August 2012.
2.3
The explanatory statement notes that a statement of compatibility is not
required for this instrument as it is exempt from disallowance under the Legislative
Instruments Act 2003 (LI Act). Section 9 of the Human Rights
(Parliamentary Scrutiny) Act 2011 requires statements only for legislative
instruments within the meaning of section 42 of the LI Act. However, the
committee’s mandate to examine legislative instruments is not tied to the
section 42 definition.
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