RECOMMENDATIONS
Recommendation 1
5.1
Subject to the advice of the Office of the Chief Scientist
regarding the utility of wrist x-rays as an age assessment tool, and noting
evidence received by the committee raising significant doubts about this
procedure, the committee recommends that the Australian Government consider
removing wrist x-rays as a prescribed procedure for the determination of age
under section 3ZQB of the Crimes Act 1914 and regulation 6C of
the Crimes Regulations 1990.
Recommendation 2
5.14
The committee recommends that the Australian Government formalise
arrangements with the Indonesian Government to expedite the process of
gathering evidence in Indonesia relating to the age of individuals who claim to
be minors and are detained in Australia suspected of people smuggling offences.
Recommendation 3
5.20
The committee recommends that the Migration Act 1958 be
amended to require that individuals suspected of people smuggling offences who
claim to be minors be offered access to consular assistance as soon as
practicable after their arrival in Australia.
Recommendation 4
5.21
The committee recommends that, in cases where an Indonesian
national in immigration detention or in prison claims to be a minor, the
Department of Immigration and Citizenship must notify the Indonesian Embassy
and relevant consular officials of that claim as soon as practicable.
Recommendation 5
5.23
The committee recommends that the Department of Immigration and
Citizenship:
- explicitly inform each Indonesian crew member suspected of people
smuggling of their right to contact relatives in Indonesia as soon as
practicable after their arrival in Australia; and
-
take proactive steps to assist all crew who claim to be minors to
contact their families in Indonesia within seven days, or as soon as
practicable, after their arrival in Australia.
Recommendation 6
5.25
In accordance with Recommendation 2 of the Senate Legal and
Constitutional Affairs Legislation Committee's report into the Crimes Amendment
(Fairness for Minors) Bill 2011, the committee recommends that the Australian
Government introduce legislation to expressly provide that, where a person
raises the issue of age during criminal proceedings, the prosecution bears the
burden of proof to establish that the person was an adult at the time of the
relevant offence.
Recommendation 7
5.27
In accordance with Recommendation 2 of the Senate Legal and
Constitutional Affairs Legislation Committee's report into the Migration
Amendment (Removal of Mandatory Minimum Penalties) Bill 2012, the committee
recommends that the Australian Government facilitate and support further
deterrence and awareness raising activities in relation to people smuggling
offences, with a focus on relevant communities in Indonesia.
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