Draft of what appears to be an information pack for asylum seekers in the community spells out code of conduct breaches

This article is more than 6 years old

This article is more than 6 years old

Spreading rumours, persistently irritating someone, spitting and swearing in public could all lead to asylum seekers in the community being sent offshore or having support payments cut, according to a leaked draft of an explanation of the new asylum seeker code of behaviour.



In December the immigration minister, Scott Morrison, announced that detainees in immigration detention and community detention would have to sign a new code of conduct that prohibits harassment, bullying, and antisocial and disruptive behaviour.



But a leaked draft of what appears to be an information pack to be sent out to asylum seekers has been obtained by the Asylum Seeker Resource Centre, which spells out in clearer detail what would be considered a breach of the code.



“To harass another person means to persistently or continually disturb or irritate them,” it says.



“To bully another person means to act in an unwanted or aggressive manner towards them, especially if you are in a more powerful position. Bullying includes making threats, spreading rumours, attacking someone physically or verbally, or excluding someone from a group or place on purpose.”



The draft document also places limits on other types of behaviour that could be seen as “antisocial”.



“Antisocial means an action that is against the order of society. This may include damaging property, spitting or swearing in public or other actions that other people might find offensive.”



“Disruptive means to cause disorder or to disturb someone or something.”



Asylum seekers face a range of penalties if they fall afoul of the code. They can be counselled and sent a letter warning them of their obligations. They can also face cuts to their support payments, cancellation of their bridging visas and even being placed in an offshore detention facility on Manus Island or Nauru.



Morrison wrote in an explanatory memorandum about the code in December that it was consistent with Australia’s human rights obligations.



“The legislative instrument is compatible with human rights because to the extent that it may limit human rights the government considers those limitations are reasonable, necessary and proportionate.”



The Greens senator Sarah-Hanson Young said in December that her party would move to disallow the code.



“We have behaviour protocols, they’re called Australian law and they should apply to everyone equally,” she said. “This is clear discrimination against a specific group of people and it needs to be called out for what it is.”



Comment has been sought from the minister’s office on the status of the document and whether it has been sent to any asylum seekers.

