❓ Hon Alison Xamon questions the Minister for Corrective Services regarding the policy preventing Indonesian prisoners convicted of 'people smuggling' from sending remittances overseas, despite the lack of Garnishee Notices from the Department of Immigration and Citizenship. The Minister is reviewing the policy.
AnsweredQoN 5931Legislative Council
QuestionView source ↗
I refer to the Office of the Inspector of Custodial Services publication
Report of an Announced Inspection of Albany Regional Prison
, June 2012, and to Recommendation 10 which states 'Ensure that all foreign national prisoners are able to use a portion of their gratuities for sending remittances to support their dependants', and I ask —
(1) Given the Report's recommendation, and the fact that the Department of Immigration and Citizenship has only issued two Garnishee Notices, both of which were later retracted, why are Indonesian prisoners convicted of so-called 'people smuggling' offences still prevented from remitting money overseas?
(2) Does the Minister intend to review this policy?
(3) If yes to (2), when?
(4) If no to (2), why not?
Report of an Announced Inspection of Albany Regional Prison
, June 2012, and to Recommendation 10 which states 'Ensure that all foreign national prisoners are able to use a portion of their gratuities for sending remittances to support their dependants', and I ask —
(1) Given the Report's recommendation, and the fact that the Department of Immigration and Citizenship has only issued two Garnishee Notices, both of which were later retracted, why are Indonesian prisoners convicted of so-called 'people smuggling' offences still prevented from remitting money overseas?
(2) Does the Minister intend to review this policy?
(3) If yes to (2), when?
(4) If no to (2), why not?
AnswerView source ↗
Answered
25 September 2012
Responded by
Minister for Education representing the Minister for Corrective Services
Response time
35 days
(1) The Department of Corrective Services (the Department) received a request from the Commonwealth Attorney-General's Department to prevent 'people smuggling' crew from attempting to remit money overseas until the Department of Immigration and Citizenship (DIAC) can issue a notice to garnish their earnings (Garnishee Notice). This request was received in line with the
Migration Act 1958.
In keeping with the intent of a Garnishee Notice, the Department honoured the request by exercising the powers provided in Section 48(2) of the Prisons Regulations 1982.
Subsequently, prisoners in custody for reasons of 'people smuggling' or illegal fishing are not permitted to transfer gratuity earnings outside of the prison or transfer their gratuity earnings to another prisoner.
However, as no Garnishee Notices have been issued by DIAC since the Department first received the request from DIAC, the Minister for Corrective Services has written to the Commonwealth Minister for Immigration and Citizenship seeking an explanation and advising that the practice of preventing the remittance of moneys overseas has been reviewed. Subject to the outcomes of this correspondence, a decision will be made on 1 October 2012 in relation to whether current practices continue.
(2) Refer to response (1).
(3)-(4) Not applicable.
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Migration Act 1958.
In keeping with the intent of a Garnishee Notice, the Department honoured the request by exercising the powers provided in Section 48(2) of the Prisons Regulations 1982.
Subsequently, prisoners in custody for reasons of 'people smuggling' or illegal fishing are not permitted to transfer gratuity earnings outside of the prison or transfer their gratuity earnings to another prisoner.
However, as no Garnishee Notices have been issued by DIAC since the Department first received the request from DIAC, the Minister for Corrective Services has written to the Commonwealth Minister for Immigration and Citizenship seeking an explanation and advising that the practice of preventing the remittance of moneys overseas has been reviewed. Subject to the outcomes of this correspondence, a decision will be made on 1 October 2012 in relation to whether current practices continue.
(2) Refer to response (1).
(3)-(4) Not applicable.
Notice: This document is created or edited using unregistered or evaluation copy of rtLib valid for testing or development purposes only. To use it for productive or any other purposes please register it. You may purchase the license on
http://www.rtlib.com
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