Responsiveness+of+the+Australian+Legal+System

This page has been designed to inform you about services avaliable for migrants into Australia. The [|Australian Government] has taken a strong position against discrimination and racism since the abolishment of the White Australia Policy. It has implemented a number of laws to abolish discrimination in Australia. Some examples of this include;
 * ==INTRODUCTION==
 * ==LEGISLATIVE SANCTIONS AGAINST DISCRIMINATORY BEHAVIOUR==

The [|Racial Discrimination Act 1975 (Cth)] - an act which makes discriminating against others on the grounds of race, colour, nationality, decent or natural origin or ethnic-religious background illegal.

Sanctions for breaching this law include penalties of up to $5000. Under Part IV, section 27, a "natural person," may be fined $1000 for breaching any laws set out in subsection 1 whereas a "body corporate" or corporation may be fined the maximum $5000.

- Racial Discrimination complaints made under this law should be directed to the [|Human Rights and Equal Opportunity Commission]. This commission was established by the Human Rights and Equal Opportunity Commission Act 1986 (Cth). Complainants who go to this court must prove that any discrimination experienced was of racial nature. If an issue is not solved at this level, it could be taken all the way to the [|Federal Court], the most powerful type of Australian court.

-The [|Racial Hatred Act 1995 (Cth)] is an ammended version of the Racial Discrimination Act 1975. This act outlaws racial vilification. According to the act it," ...is unlawful to do a public act which is reasonably likely to offend, insult, humiliate or intimidate another person or a group of people on the ground of their race".

In 1977, the [|New South Wales State Government] passed the [|Anti-Discrimination Act 1977 (NSW)].

Discrimination protection is laid out in the [|Anti-Discrimination Act 1977 (NSW)].

//(a) any distinction, exclusion or preference made on the basis of race, colour, sex, religion, political opinion, national extraction or social origin that has the effect of nullifying or impairing equality of opportunity or treatment in employment or occupation; and// //(b) any other distinction, exclusion or preference that:// //(i) has the effect of nullifying or impairing equality of opportunity or treatment in employment or occupation; and// //(ii) has been declared by the regulations to constitute [|discrimination] for the purposes of this Act;// //but does not include any distinction, exclusion or preference:// //(c) in respect of a particular job based on the inherent requirements of the job; or// //(d) in connection with employment as a [|member] of the staff of an institution that is conducted in accordance with the doctrines, tenets, beliefs or teachings of a particular religion or creed, being a distinction, exclusion or preference made in good faith in order to avoid injury to the religious// //susceptibilities of adherents of that religion or that creed.//
 * According to this act, //"//discrimination//"//** //, except in Part IIB, means://

Discriminatory behaviours can be summarised as behaviours by one party (such as one individual or a group of individuals), which downplay or give an unfair advantage to a group or groups of individuals.

Discrimination includes;
 * Racism - the belief that one race is superior to other races
 * Sexism - the belief that one sex is superior to the other
 * The disrespect for disabled persons- for example, the refusing to employ a disabled person for a certain type of job (eg being told that you are not eligable for being a typist because of your slightly poor hearing abilities)

Despite strict anti-discrimination laws, racism is still, as in other culture's and societies, prevalent in Australia today.

There are many non-governmental organisations and charities which can help make migrating from a foreign country to Australia easier. Listed below are some of these organisations, with a brief description of each;
 * ==**NON-GOVERNMENT ORGANISATIONS AND CHARITIES -**==


 * [|Migration Institute of Australia] - an organisation which provides professional migrant services
 * [|Live in Australia] - a website which focuses more on the Australian lifestyle and services avaliable to migrants
 * [|Migration Expert] - a website which focuses on the immigration services provided in Australia
 * [|Red Cross -]an organisation which assists with blood transfusion
 * [|The Salvation Army -] an organisation which provides clothes to the needy

The 1992 Australian Law Reform Commission’s report number 51- //“Multiculturalism and the Law//” as well as the Advisory Committee’s report called “//Access to Justice: An Action Plan//” both stated that access to interpreter services and translation was considered a basic legal right in Australia. If a person with limited or no English commits an offence and is arrested or involved in criminal proceedings in any way they would be granted such services throughout the investigation, in the courts and if required – when in detention. Basically translation and interpreter services should be offered and available in any legal proceeding.
 * ==**ISSUES OF COURT ACCESS - C**==


 * ==**SPECIAL CRIMINAL LAW PROCESSES: DEPORTATION, EXTRADICTION AND DEFINITION -A**==
 * Deportation:** Deportation is one of the ways used to remove a person from a country for immigration purposes

Source: http://www.ministerjusticeandcustoms.gov.au/www/agd/agd.nsf/Page/Extradition_and_mutual_assistanceExtradition
 * Extradiction:** "Extradition is the process by which one country sends a person to another country to face criminal charges or serve a sentence."

Australia is a popular destination for illegal immigrants. Many flee terrible conditions in their own country to claim asylum in Australia. There are others however that pay criminal syndicates and or are smuggled in order to gain entry to Australia. When illegal immigrants are found in Australia or trying to enter Australian waters they are detained and taken to detention centers both in Australia or one of its dependencies’.
 * ENTERING AUSTRALIA ILLEGALLY**

It is such a big problem in Australia that the Australian Navy has mobilized a special task force to combat people smuggling. They are currently engaged in OPERATION RELEX II (focusing on unauthorized entries) OPERATION CRANBERRY (focusing on illegal fishing and smuggling)

Illegal immigrants are detained in one of three forms of detention in Australia 1. Immigration detention centers – facilities similar to prisons 2. Immigration residential housing – families are able to live together in detention, performing household tasks 3. Community detention – granted to low risk families who are able to live in the wider community. Soon the Australian government will make available “Immigration Transit Accommodation" which resembles hotel like accommodation.

-From there, bona fide refugees are immediately issued visas in Australia. The Migration Act 1985 [cth] declares that…. -People who are found not to be genuine refugees are deported at the earliest reasonable time. The Bali Process dictates that……. -People found to be smugglers or providers of illegal fraudulent documents are detained and charged.

The Bali Process was founded after February 2002 following a multinational ministerial conference aimed at preventing people smuggling. Participating nations were from source, transit and receiving countries from the Asia-Pacific Region. Australia and Indonesia co-chair the conference.

In Australia, almost every adult has access to a lawyer. Legal aid is provided for people who are unable who need legal assistance.Presently, Australia has 34 bilateral extradition agreements with the following countries. The treaty's names are in brackets.
 * Argentina
 * Austria
 * Belgium
 * Brazil
 * Chile
 * Ecuador
 * Finland
 * France
 * Germany
 * Greece
 * Hong Kong
 * Indonesia
 * Ireland
 * Italy
 * Israel
 * Korea
 * Latvia
 * Luxembourg
 * Mexico
 * Monarco
 * The Netherlands
 * Norway
 * Paraguay
 * The Philippines
 * Poland
 * Portgual
 * South Africa
 * Spain
 * Sweden
 * Switzerland
 * Turkey
 * The United States
 * Venezuela

Australia also has 17 "inherited" extradition agreements. An inherited extradition agreement is one which works only one way.

A recent example of an immigrant who has faced signifacant hardship under Australia's immigration laws is Muhammed Hannef. Haneef, before being convincted, worked as a registrar in the Gold Coast Hospital in the Gold Coast, Queensland, Australia. He is said to be the second cousin of two people (namely Sabeel and Kafeel Ahmed) who drove an explosive-loaded Jeep Cherokee 4WD into Glasgow Airport, Scotland, UK in an attempt to destroy it. Upon boarding an aircraft in Brisbane, Australia to go back to his hometown of Bangalore, India, Haneef was detained by the [|Australian Federal Police] and his Visa was reinstated under suspicious character grounds relating to his cousins 30th June terrorist attack attempt. He was accused of providing his SIM card to his two cousins for the Glasgow attack as his SIM card was found at the scene of the burning car. This led to Haneef's ability to leave Australia being impaired for 26 days. Haneef was eventually cleared of charges after being detained in Villawood Detention Centre and tried at the Brisbane Magistrate Court. A short time later, after being bombarded by the media, he returned to his family and newly-born child in Bangalore, India.
 * ==**CASE STUDY: Muhammed Haneef -A**== ==[[image:http://images.google.com.hk/url?q=http://newsimg.bbc.co.uk/media/images/42462000/jpg/_42462208_haneef_ap203b.jpg&usg=AFQjCNEvv_NC1w5N4tncaRYA3hwokpWwLQ width="164" height="186" align="right" caption="Muhammad Haneef"]]==

Below is a video from Ten News which reports on Muhammed Haneef being moved to from Brisbane's Watchouse to Sydney's Villawood Detention Centre. This came after he failed a character test, according to the Foreign Affairs minister. media type="youtube" key="fK-OOKn_8PM" width="425" height="350"

HOUSING While hopeful migrants on low incomes who wish to seek residency in Australia are handled by the [|Department of Immigration], those seeking government-paid housing in the Australia's most populated state of New South Wales, must apply for financial help by way of the [|Department of Housing New South Wales]. Every state and territory in Australia has a housing department authority which deals with people who are unable to pay for their own houses. In Australia's most populous state, New South Wales, people who are on low incomes are handled by the Department of Housing New South Wales. People who seek government housing and assistance are usually supported by government organisations, such as [|Centrelink], before they receive higher yearly salaries.
 * ==ACCESS TO HOUSING, SOCIAL SERVICES, AND THE LAW -D[[image:http://cache.eb.com/eb/image?id=64491&rendTypeId=4 width="266" height="215" align="right" caption="The location of New South Wales within Australia"]]==

SOCIAL SERVICES Migrants in Australia, especially those who are refugees, may be in need of financial assistance by means of welfare. Australia's national organisation, [|Centrelink], is designed to address this issue. The amount of money which you will be provided will differ according to factors such as; Centrelink categorises Australian migrants as either; The type of migrant a person(s) is will determine their level of financial support
 * Your income
 * Your requirement for money
 * Permanent residency visa holders
 * Humanitarian or refugee visa holders
 * Temporary protection visa or return pending visa holders

LAW Almost everyone in Australia has access to a lawyer. This is because lawyers can be provided for people on low incomes.