find the latest legal job
Corporate/Commercial Lawyers (2-5 years PAE)
Category: Corporate and Commercial Law | Location: Adelaide SA 5000
· Specialist commercial law firm · Long-term career progression
View details
Graduate Lawyer / Up to 1.5 yr PAE Lawyer
Category: Personal Injury Law | Location: Brisbane CBD & Inner Suburbs Brisbane QLD
· Mentoring Opportunity in Regional QLD · Personal Injury Law
View details
Corporate and Commercial Partner
Category: Corporate and Commercial Law | Location: Adelaide SA 5000
· Full time · Join a leading Adelaide commercial law firm
View details
In-house Legal Counsel & Commercial Lawyers
Category: Corporate and Commercial Law | Location: All Sydney NSW
· Providing lawyers with flexibility and control over when they work, how they work and who they work for.
View details
In-house Legal Counsel & Commercial Lawyers
Category: Corporate and Commercial Law | Location: All Melbourne VIC
· Providing lawyers with flexibility and control over when they work, how they work and who they work for.
View details
Detainees worse off than prisoners

Detainees worse off than prisoners

Asylum seekers in detention have fewer rights than prisoners, according to the national president of the Australian Lawyers Alliance (ALA). Greg Barns said he recently completed an analysis of…

Asylum seekers in detention have fewer rights than prisoners, according to the national president of the Australian Lawyers Alliance (ALA).

Greg Barns said he recently completed an analysis of corrections legislation and the national guidelines for the treatment of prisoners and found that asylum seekers have none of the legislative and practical support that prisoners have.

"Nor is there any charter of rights ... for asylum seekers that can be enforced via the courts," he said.

"[The instruments] set out a range of rights and facilities for prisoners, such as education programs, access to health and a ban on cruel and unusual punishment. Many of these rights are more honoured in the breach than in reality, but prisoners at least have a regulatory regime that can be enforced in the courts."

Another point of difference, said Barns, is that asylum seekers have "no end point to their detention" and are put through "the mental anguish of living from one day to the next with no release date".

"While prisoners in Australia have their human rights violated regularly, they at least have an end point ... They are allowed, towards the end of their sentence, to leave prison and work within the community, and any grievances or complaints they have can be dealt with under corrections legislation," he said.

Barns voiced these concerns at the annual Western Australia Conference of the ALA on Friday (19 August) alongside WA ALA president Tom Percy QC and WA Governor Malcolm McCusker AO QC.

Like this story? Read more:

QLS condemns actions of disgraced lawyer as ‘stain on the profession’

NSW proposes big justice reforms to target risk of reoffending

The legal budget breakdown 2017

Detainees worse off than prisoners
lawyersweekly logo
Promoted content
Recommended by Spike Native Network
more from lawyers weekly
Scales of Justice
06:03
Timing ‘critical’ in unusual contempt of court ruling
A recent case could have interesting implications for contempt of court rulings, according to a Ferr...
Dec 14 2017
International arbitration and business culture
Promoted by Maxwell Chambers. This article discusses the impact of international arbitration on t...
Papua New Guinea flag
Dec 14 2017
World-first mining case launched in PNG
Citizens of Papua New Guinea have launched landmark legal proceedings against the country’s govern...
APPOINTMENTS
Allens managing partner Richard Spurio, image courtesy Allens' website
Jun 21 2017
Promo season at Allens
A group of lawyers at Allens have received promotions across its PNG and Australian offices. ...
May 11 2017
Partner exits for in-house role
A Victorian lawyer has left the partnership of a national firm to start a new gig with state governm...
Esteban Gomez
May 11 2017
National firm recruits ‘major asset’
A national law firm has announced it has appointed a new corporate partner who brings over 15 years'...
opinion
Nicole Rich
May 16 2017
Access to justice for young transgender Australians
Reform is looming for the process that young transgender Australians and their families must current...
Geoff Roberson
May 11 2017
The lighter side of the law: when law and comedy collide
On the face of it, there doesn’t seem to be much that is amusing about the law, writes Geoff Rober...
Help
May 10 2017
Advocate’s immunity – without fear or without favour but not both
On 29 March 2017, the High Court handed down its decision in David Kendirjian v Eugene Lepore & ...