Work Performed by Unlawful Non-citizens in Detention Centres
01 March 2006 - Legislation change
Client summary
From 1 March 2006, the Migration Regulations 1994 will be amended to prescribe circumstances under subsection 235(6) of the Migration Act 1958 under which work may be performed without infringing subsection 235(3).
An unlawful non-citizen commits an offence if the work is not of a prescribed kind or a prescribed circumstance under subsection 235(6). The prescribed circumstance is that the work is performed by an unlawful non-citizen who is detained in a detention centre and the work is allocated to the unlawful non-citizen at their request by an officer at the detention centre.
Immigration Detention Centres operate a scheme known as the Merit Points Scheme (MPS) where unlawful non-citizens detained within the detention centre may voluntarily work for points. The new regulations will ensure that non-citizens participating in the MPS do not commit an offence under the Act.
Technical details
The following regulation has been inserted:
- 5.32A.
Additional information: Nil
Transitional arrangements: Nil
Forms: Nil
Instructions: PAM3
Effect on delegations: Nil
Effect on systems: Nil