Extracted From House of Representatives Notice Paper, 24 March 2004

*3363 MR McCLELLAND: To ask the Minister representing the Minister for Defence-What are the (a) general orders, and (b) naval orders applicable to naval officers boarding and intercepting suspect illegal entry vessels.

*3364 MR McCLELLAND: To ask the Minister representing the Minister for Defence-

(1) Since 1 June 1996, on how many occasions has a brief of evidence been prepared by a member of the Australian Defence Force in respect of suspect illegal entry vessels.

(2) In respect of each brief prepared, what training had the officer or officers who prepared the brief received.

*3365 MR McCLELLAND: To ask the Minister representing the Minister for Justice and Customs-For each month since 1 June 1996, what proportion of Coastwatch's activity has been directed towards suspect illegal entry vessels and what was the cost of that activity.

*3366 MR McCLELLAND: To ask the Minister representing the Minister for Justice and Customs-Has Coastwatch undertaken any program performance monitoring in respect of the detection of suspect illegal entry vessels since 1 June 1996; if so, what has that monitoring revealed; if not, which other agencies, if any, conducted that monitoring on behalf of Coastwatch.

*3367 MR McCLELLAND: To ask the Minister representing the Minister for Justice and Customs-Has the Department of Immigration and Multicultural and Indigenous Affairs established a time frame for receiving notice from Coastwatch of the arrival in port of suspect illegal entry vessels; if so, (a) what is it, (b) on how many occasions has the time frame been met, and (c) on how many occasions has the time frame not been met.

*3368 MR McCLELLAND: To ask the Minister representing the Minister for Justice and Customs-Has Coastwatch undertaken any post-task evaluations in respect of its operations since 1 June 1996; if so, (a) how many have been undertaken, and (b) what have they revealed.

*3369 MR McCLELLAND: To ask the Minister representing the Minister for Justice and Customs-

(1) Who makes the decision on whether a boat detected by Coastwatch is to be regarded as a suspect illegal entry vessel (SIEV) and which departments and agencies are represented by that person or those persons.

(2) In respect of SIEVs sailing in the Timor Sea, (a) which agency or agencies is responsible for the initial response, and (b) what is the usual initial response.

(3) At what point is a decision made to engage a response vessel and which agency or agencies give directions to that response vessel.

(4) What are the protocols, general orders and or other directions that apply to the conduct of response vessels and those on board response vessels in respect of SIEVs.

(5) What arrangements have applied since 1995 for response teams to intercept and board suspect illegal entry vessels, in particular, (a) at what point is a decision to intercept and board such vessels made, (b) who makes that decision, (c) what is the usual composition of a boarding team, and (d) which departments and agencies are usually represented by members of a boarding team.

(6) What are the initial steps and processes taken by members of a boarding team when a SIEV is intercepted and boarded.

(7) Do any of the arrangements vary according to the location of a SIEV when the decision is made to intercept and board it; if so, how.

*3370 MR McCLELLAND: To ask the Minister representing the Minister for Justice and Customs-In respect of suspect illegal entry vessels carrying unauthorised arrivals, (a) which person or persons is or are responsible for making arrests under (i) the Crimes Act 1914 and the Criminal Code Act 1995, and (ii) the Migration Act 1958, and (b) who is responsible for preparing a brief of evidence to the Director of Public Prosecutions.

*3371 MR McCLELLAND: To ask the Minister representing the Minister for Justice and Customs-

(1) What was the initial reaction of Coastwatch to the recommendation in the Auditor-General's report 'The Management of Boat People, Department of Immigration and Multicultural and Indigenous Affairs, Australian Protective Services and Australian Custom Service - Coastwatch' dated 17 February 1998 that a memorandum of understanding should be developed between the Department of Immigration and Multicultural and Indigenous Affairs and Coastwatch incorporating a performance agreement setting out targets, indicators and respective responsibilities.

(2) Has that recommendation been acted upon; if so, how.

*3372 MR McCLELLAND: To ask the Minister representing the Minister for Immigration and Multicultural and Indigenous Affairs-Has the Minister's department provided advice on options to address provisions in the Migration Act 1958 which have been found by the High Court to be unconstitutional, and the possible implications of those High Court decisions for similar provisions in the Act; if so, what is the nature of that advice and what steps has the Minister taken in response.

*3373 MR McCLELLAND: To ask the Minister representing the Minister for Immigration and Multicultural and Indigenous Affairs-Has the Minister's department entered into contractual or similar relationships with any department or agencies acting on behalf of the Government of (a) Nauru, and (b) Papua New Guinea for the management of asylum seekers; if so, (i) does the agreement include performance standards and indicators, (ii) what steps have been taken to monitor the achievement of the standards and indicators, and (iii) what has monitoring of the standards and indicators revealed.

*3374 MR McCLELLAND: To ask the Minister representing the Minister for Immigration and Multicultural and Indigenous Affairs-Did the Minister's department establish a Boats Sub-Program within its budgeting and financial reporting structures; if so, what has that sub-program revealed in respect of the cost of managing people who have entered Australia on suspect illegal entry vessels in each financial year since 1 July 1996.

*3375 MR McCLELLAND: To ask the Minister representing the Minister for Immigration and Multicultural and Indigenous Affairs-Has the Minister's department developed models to identify the full cost per person of the management of people who have arrived in Australian territorial waters on board suspect illegal entry vessels; if so, what have those models revealed for each financial ye ar since 1 July 1996.

*3376 MR McCLELLAND: To ask the Minister representing the Minister for Immigration and Multicultural and Indigenous Affairs-Has the Minister's department identified risks to the success of the Government's objectives in the management of people who have arrived in Australian territorial waters on board suspect illegal entry vessels; if so, (i) what are they, and (b) what steps have b een taken to identify, analyse, assess, rank and control the risks associated with their apprehension and detention.

*3377 MR McCLELLAND: To ask the Minister representing the Minister for Immigration and Multicultural and Indigenous Affairs-Has the Minister's department provided advice on whether the Migration Act 1958 remains consistent with international agreements; if so, has that advice indicated that the Act is consistent with international agreements and, if it is not, how is the Act inconsistent with international agreements.

*3378 MR McCLELLAND: To ask the Minister representing the Minister for Immigration and Multicultural and Indigenous Affairs-Has the Minister's department estimated the cost of the management of people who have arrived in Australian territorial waters on board suspect illegal entry vessels on (a) a cash, and (b) an accrual basis; if so, what was the cost for each financial year since 1 July 1996.

*3379 MR McCLELLAND: To ask the Minister representing the Minister for Immigration and Multicultural and Indigenous Affairs-Does the Minister's department have as an objective for the detection and management of boat people, (a) meeting Australia's commitment to alleviate the plight of refugees and others in humanitarian need through the delivery of the Government's humanitarian program, and (b) protecting those in Australia in accordance with the 1951 United Nations Convention and 1967 Protocol relating to the status of refugees; if so, (i) has the objective been met, (ii) how has the objective been met and, (iii) if it has not been met, why.

*3380 MR McCLELLAND: To ask the Minister representing the Minister for Immigration and Multicultural and Indigenous Affairs-

(1) What has been the port of departure of each suspect illegal entry vessel (SIEV) which has arrived in Australian waters since 1 June 1996.

(2) In respect of each SIEV, what route was followed before it entered or sought entry to Australian territorial waters.

(3) In respect of the SIEVs since 1 June 1996 which reached the distance of 12 nautical miles from Australia without having been detected, (a) how many were there, (b) what was the identity of each vessel, and (c) on what date was each vessel detected.

*3381 MR McCLELLAND: To ask the Minister representing the Minister for Immigration and Multicultural and Indigenous Affairs-Is it a function of the Minister's department to detect the entry of suspect illegal vessels into Australia; if so, has the department undertaken any program performance monitoring in respect of that function.

*3382 MR McCLELLAND: To ask the Minister representing the Minister for Immigration and Multicultural and Indigenous Affairs-Has the Minister's department established a time frame for receiving notice from Coastwatch of the arrival in port of suspect illegal entry vessels; if so, what is it.

*3383 MR McCLELLAND: To ask the Minister representing the Minister for Immigration and Multicultural and Indigenous Affairs-

(1) What are the performance measures agreed between the Minister's department and Coastwatch which indicate whether or not the service provided by Coastwatch is acceptable.

(2) In respect of the indications that the service may be not acceptable, has there been any attempt to analyse the cost and benefit of corrective action.

*3384 MR McCLELLAND: To ask the Minister representing the Minister for Immigration and Multicultural and Indigenous Affairs-

(1) What was the initial reaction of the Minister's department to the recommendation in the Auditor-General's report 'The Management of Boat People, Department of Immigration and Multicultural and Indigenous Affairs, Australian Protective Services and Australian Custom Service - Coastwatch' dated 17 February 1998 recommending that a memorandum of understanding should be developed between the department and Coastwatch incorporating a performance agreement setting out targets, indicators and respective responsibilities.

(2) Has that recommendation been acted upon; if so, how.

MR McCLELLAND: To ask the Ministers listed below (questions Nos. *3385 - *3386)-

(1) Has Coastwatch entered into a memorandum of understanding with the Department of Immigration and Multicultural and Indigenous Affairs about surveillance services provided by Coastwatch to the Department of Immigration and Multicultural and Indigenous Affairs; if so, (a) when, (b) what are its terms, and (c) does the memorandum include a performance agreement.

(2) Has an analysis been undertaken of Coastwatch operational data to determine the probability that suspect illegal entry vessels have arrived undetected carrying (a) illegal immigrants, (b) narcotics, (c) guns, and (d) other contraband; if so, (i) when, (ii) over what period was data provided, and (iii) what were the conclusions of any such analysis.

*3385 MR McCLELLAND: To ask the Minister representing the Minister for Immigration and Multicultural and Indigenous Affairs.

*3386 MR McCLELLAND: To ask the Minister representing the Minister for Justice and Customs.

MR McCLELLAND: To ask the Ministers listed below (questions Nos. *3387 - *3388)-Has the Minister's department undertaken any work to assess the cost of detecting and managing people seeking entry to Australia who have arrived on board suspect illegal entry vehicles; if so, what was the cost each financial year since 1 July 1996.

*3387 MR McCLELLAND: To ask the Minister representing the Minister for Defence.

*3388 MR McCLELLAND: To ask the Minister representing the Minister for Immigration and Multicultural and Indigenous Affairs.

MR McCLELLAND: To ask the Ministers listed below (questions Nos. *3389 - *3391)-Has any agency within the Minister's portfolio analysed information on the method of detection of suspect illegal entry vessels (SIEV) in Australian waters since 1 June 1996; if so, in respect of each SIEV, was it detected by (a) marine surveillance flights; (b) Navy patrol boats, (c) other vessels, and (d) community reports.

*3389 MR McCLELLAND: To ask the Minister representing the Minister for Defence.

*3390 MR McCLELLAND: To ask the Minister representing the Minister for Immigration and Multicultural and Indigenous Affairs.

*3391 MR McCLELLAND: To ask the Minister representing the Minister for Justice and Customs.

MR McCLELLAND: To ask the Ministers listed below (questions Nos. *3392 - *3393)-Has the Minister received advice on whether differing functional responsibilities between the Department of Immigration and Multicultural and Indigenous Affairs and Coastwatch has inhibited the approach of the department or Coastwatch to the detection and apprehension of suspect illegal entry vessels; if so, (a) what was the advice, (b) when was it received, and (c) what action has been taken in response.

*3392 MR McCLELLAND: To ask the Minister representing the Minister for Immigration and Multicultural and Indigenous Affairs.

*3393 MR McCLELLAND: To ask the Minister representing the Minister for Justice and Customs.

MR McCLELLAND: To ask the Ministers listed below (questions Nos. *3394 - *3396)-Has the Minister's department developed a boarding guide or other manual to guide officers in respect of suspect illegal entry vessels; if so, what procedures and processes are set out in that guide or manual.

*3394 MR McCLELLAND: To ask the Minister representing the Minister for Defence.

*3395 MR McCLELLAND: To ask the Minister for Agriculture, Fisheries and Forestry.

*3396 MR McCLELLAND: To ask the Minister representing the Minister for Immigration and Multicultural and Indigenous Affairs.

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