197BAA Mandatory reporting of reportable assaults
(1) If a designated person believes on reasonable grounds that a person has experienced, or is experiencing, a reportable assault, the designated person must, as soon as practicable, notify the relevant authorities of:
(a) the alleged assault; and
(b) the grounds on which the person has formed the belief that the alleged assault occurred.
(2) A person commits an offence if:
(a) the person is required to make a notification under subsection (1); and
(b) the person fails to comply with the requirement.
Penalty: 60 penalty units.
(3) Section 15.3 of the Criminal Code (extended geographical jurisdiction—category C) applies to an offence against subsection (2).
(4) In this section:
designated person means:
(a) an authorised officer; and
(b) a person appointed or employed by, or for the performance of services for:
(i) the Commonwealth, a State or a Territory; or
(ii) an authority of the Commonwealth, a State or a Territory; and
(c) a person employed by another person or body that is contracted by the Commonwealth, or an authority of the Commonwealth, to perform services in relation to an immigration detention facility.
relevant authority means:
(a) in any case—the Department and the Australian Federal Police; and
(i) the victim of an alleged reportable assault is a child ; and
(ii) the alleged assault occurs in a State or Territory;
a relevant authority of the State or Territory that has functions relating to child safety; and
(i) the victim of an alleged reportable assault is a child; and
(ii) the alleged assault occurs in a foreign country;
a police force of the foreign country.
reportable assault means any of the following, to the extent that they occur, or allegedly occur, in an immigration detention facility:
(a) unlawful sexual contact;
(b) sexual harassment;
(c) unreasonable use of force;
(d) any other assault.
Edit again :p (5:30pm)
Okay, I’ve had my outrage, read the amendment through a few times, and feel that it needed to be better thought out, phrased, and actually discussed with Labor. Unfortunately they did not have the time for that as Cormann threatened to have the senate sit until it passes and were hell bent on rushing it through in order to stop a high court challenge on whether they are actually legally allowed to detain people offshore.
Oh and also the rest of the amendment such as limiting offshore detention to 3/months doesn’t fit with labor’s need to race to the bottom and be “tough” so they couldn’t vote for it. That and the proposal to not send vulnerable people such as kids. You know because we have to treat all refugees as non persons regardless of age