Ms Wright said mobile phone usage was a critical tool for those people who are looking at navigating an “extremely complex and time-sensitive legal area” and that by banning the use, detention centres are taking away the ability to access lawyers in critical times. 

While the Law Council supported the effective management of safety in all immigration detention facilities, Ms Wright said it was imperative that this occurs within the law and that a stricter definition is put on what a “prohibited” thing means for the bill. 

“The lack of a prescribed definition of what is prohibited gives the minister a latitude to declare virtually any item a risk. A pen and paper, art supplies, musical instruments – and any number of everyday items could be considered prohibited,” Ms Wright said. 

The Law Council believes that the bill should not be passed as the case has not been made out that the amendments are “necessary, reasonable or proportionate”. The bill also expands existing search and seizure powers, including the widening of purposes of a strip search, while not providing sufficient safeguards or oversight. 

“These amendments water down the existing safeguards and increase risk of potential misuse and arbitrary decision-making,” Ms Wright said. “It must be remembered that many people held in detention are genuine refugees, not criminals.

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“The government asserts that these laws are necessary to deal with the rise in the number of criminals in immigration detention. However, standard criminal law processes are already available and if criminal activity is found to be taking place, then the police can and should be called. This is the normal process across Australian jurisdictions.”