Temporary Protection Visas (TPVs), releasing some
detainees to live in the community.21 The government
fed the public perception that the nation was
besieged by an ‘avalanche’ of ‘boat people’ who had
to be stopped. A line had to be drawn.22 Detention
centres became increasingly privatised and remote.
They were progressively fortified until many resembled
maximum-security prisons shocking some MPs during
a visit in 2001.23
‘Excision’ of Australian Territories and the
‘Pacific Solution’
On 26th August 2001 a rescue call was received
from the Palapa 1, a dilapidated 20 metre Indonesian
fishing boat with 433 passengers on board. The vessel
was lost and struggling to stay afloat. Australian
authorities complied with humanitarian principles and
called for ships to locate and rescue the ailing vessel.
The Norwegian freighter the Tampa came to the
rescue. Its captain gave as much assistance as the
cramped deck would allow. He asked permission from
the Australian government to convey the asylum
seekers to Christmas Island. It was refused and the
government threatened to charge the captain of the
Tampa with people smuggling if the ship landed them
on Christmas Island.
Determined to prevent asylum seekers from
reaching Australian shores, the government orchestrated
a ship-to-ship transfer. At the same time it rushed
legislation through Parliament so as to avoid giving
asylum seekers any right to legal processes in Australia
and to force the Tampa (or any other boat carrying
asylum seekers) back out to sea, providing immunity to
the government, its officers and agents from civil or
criminal prosecution for such action.24 Although the
Opposition was generally supportive of the government
resolve to ‘stop the boats’, they refused to support this
legislation labelling it ‘ill-considered, draconian and
unconstitutional’ and only agreed to support the bill if it
was specific to the Tampa. The government responded
by offering to introduce a six month sunset clause and
the Opposition eventually supported the legislation.25
21.
22.
23.
24.
25.
26.
27.
28.
29.
30.
31.
18
More than eight days after the rescue, the Royal
Australian Navy (RAN) intercepted the Tampa. Special
Armed Services personnel forcibly removed asylum
seekers onto the HMAS Manoora. The Indonesian
government refused to take those who had been
rescued, leaving the Australian government to cast
about for a solution. The asylum seekers were
eventually transferred from the HMAS Manoora
directly to offshore detention centres in Nauru and
Manus Island in the Pacific Ocean.26
Two pieces of legislation were passed with
bipartisan support to give effect to offshore
processing or the ‘Pacific Solution’: the Migration
Amendment (Excision from Migration Zone) Bill 2001
and Migration Amendment (Excision from Migration
Zone (Consequential Provisions) Bills 2001.27
The Tampa crisis generated fevered controversy
in Australia in the lead up to the 2001 election, as
did the ‘Children Overboard’ affair in October 2001.
Following an encounter with the Royal Australian
Navy frigate the Adelaide, the Olong, a woodenhulled boat carrying 223 asylum seekers, experienced
engine failure. Amidst the panic on board some
asylum seekers abandoned the boat leading to
claims, which persisted throughout the 2001 election
campaign, that asylum seekers were throwing their
children overboard.28 As these events unfolded, the
Prime Minister proclaimed: ‘We will decide who
comes to this country and the circumstances in which
they come.’29 A 2002 Inquiry into a Certain Maritime
Incident found that no children had been thrown
overboard and that the government had known that
prior to the 2001 election. 30 Government Senators
labelled the inquiry ‘an undignified sideshow’ and
produced a dissenting report.31
The Howard government was re-elected in 2001
and again in 2004. In 2006 it introduced a bill to extend
‘excision’ of the migration zone to the mainland.
Although it did not mean Australia had entirely
abdicated all of its obligations under the UN
Convention, its purpose was to stop boat arrivals from
reaching the mainland and applying for asylum, with all
the domestic legal and administrative protections that
After the three-year term, refugees had to reapply and could be returned if their home country was then deemed to be safe. They
could not sponsor family members and could access some but not the full range of services available to refugees with permanent
status. Following the introduction of TPVs the numbers of boat arrivals with women and children on board increased. Janet Phillips and
Harriet Spinks Immigration Detention in Australia, January 2012 Parliamentary Library, Parliament of Australia.
Fr Frank Brennan, Tampering With Asylum, University of Queensland 2006.
Joint Committee on Foreign Affairs, Defence and Trade, Report on Visits to Immigration Detention Centres, June 2001, P31 Australian
Parliament.
Nathan Hancock, Border Protection (Validation and Enforcement Powers) Bill 2001, Bills Digest, Parliamentary Library, Australian Parliament.
Ibid p.3.
Peter Mares, Borderline p126 UNSW Press 2002.
Janet Phillips and Harriet Spinks Immigration Detention in Australia, P7 of 43 January 2012 Parliamentary Library, Parliament of Australia.
David Marr and Marion Wilkinson, Dark Victory, Chapter 14, Allen and Unwin 2003.
The Hon John Howard MP, Prime Minister, Federal Election Campaign Speech, 2001.
Senate Select Committee, A Certain Maritime Incident, Australian Parliament, October 23, 2002.
Cynthia Banham and Mark Metherall, Article, Liberal Senators Slam Children Overboard Inquiry, Sydney Morning Herald, 24th October 2002.
Prison Service Journal
Issue 205
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