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Australia

Executive Summary

Australia is a constitutional democracy with a freely elected federal parliamentary government. In a free and fair federal parliamentary election held in July 2016, the Liberal Party and National Party coalition won a majority in the 150-seat House of Representatives. Scott Morrison was sworn in as prime minister in August 2018 following a vote by the Liberal Party to replace Malcolm Turnbull. The next national election must be held by May 2019.

Civilian authorities maintained effective control over the security forces.

Human rights issues included allegations of serious abuses against asylum seekers in offshore detention centers in Papua New Guinea and Nauru.

The government took steps to prosecute officials accused of abuses, and ombudsmen, human rights bodies, and internal government mechanisms responded effectively to complaints.

Section 1. Respect for the Integrity of the Person, Including Freedom from:

There were no reports the government or its agents committed arbitrary or unlawful killings.

b. Disappearance

There were no reports of disappearances by or on behalf of government authorities.

The law prohibits such practices, and the government generally respected these provisions. There were occasional claims police and prison officials mistreated suspects in custody; mistreatment of juvenile detainees was a particular concern. In August the West Australia Police Force Commissioner, Chris Dawson, apologized for the police’s longstanding mistreatment of Aboriginal and Torres Strait Islander communities. He also announced a body camera requirement for all officers in Western Australia to address concerns of abuse.

In August Human Rights Watch reported that Waru, an indigenous prisoner with psychosocial disability, was subjected to regular solitary confinement, physical abuse, and racial slurs from prison officers.

Prison and Detention Center Conditions

Prison and detention center conditions generally met international standards.

Physical Conditions: The most recent data from the Australian Institute of Criminology reported 115 prison deaths in 2013-2015. Of those deaths, 80 were from natural causes, 25 from hanging, three from external/multiple trauma, one from head injury, and three from drugs.

A February 2018 Human Rights Watch report compiled through 14 prison visits in Western Australia and Queensland concluded that more than 50 percent of observed inmates had a cognitive, mental health, or physical disability. The study found that inmates with such disabilities were more likely to be placed in solitary confinement due to their perceived “bad” behavior, often exacerbating their condition. The report also documented 32 cases of sexual violence and 41 cases of physical violence.

As of November there were approximately 802 persons in immigration detention facilities in the country and another approximately 1,238 in facilities funded by the Australian Government in Nauru. The Manus Island Regional Processing Center closed in October 2017 pursuant to a Papua New Guinea court decision. There were 671 refugees and failed asylum seekers in Papua New Guinea after the closing of the center. In total, more than 400 refugees held at Manus and Nauru detention centers have been resettled to third countries.

In June 2017 the Australian government reached a court settlement with nearly 2,000 refugees and asylum seekers on Manus Island for illegally detaining them in dangerous and hostile conditions. The government claimed that the settlement was not an admission of liability, but media and independent reports revealed individuals in offshore detention centers were often subjected to sexual and physical abuse by locals and lived in overcrowded and substandard accommodations for prolonged periods. Furthermore, detainees had inadequate access to basic services, including water and hygiene facilities, clothing and footwear, education, and health services.

In July the Queensland coroner found that 24-year-old asylum seeker Hamid Khazaei’s death was “preventable” and resulted from a series of clinical errors, compounded by failures in communication that led to significant delays in his retrieval from Manus Island. Press reports citing human rights organizations’ recommendation that Australia streamline medical assessment and transfer procedures for both Papua New Guinea and Nauru based exclusively on medical advice. A 2016 report stressed that policy considerations should not outweigh the need to evacuate a detainees with urgent medical needs. In October following Nauru’s cancelation of a Doctors Without Borders mental health program on Nauru, the Australian government agreed to bring some refugee families to Australia for treatment. The government has not yet decided how many families to bring.

Administration: Authorities investigated allegations of inhumane conditions and documented the results of such investigations in a publicly accessible manner. The government investigated and monitored prison and detention center conditions.

Independent Monitoring: The government permitted visits by independent human rights observers. There were no reports of intimidation by authorities. A number of domestic and international human rights groups expressed concerns about conditions at immigration detention centers (see above).

The law prohibits arbitrary arrest and detention, and the government generally observed these prohibitions.

ROLE OF THE POLICE AND SECURITY APPARATUS

The armed forces, under the Ministry for Defense, are responsible for external security. The Australian Federal Police (AFP), under the Ministry for Justice, and state and territorial police forces are responsible for internal security. The AFP enforces national laws, and state and territorial police forces enforce state and territorial laws. The Department of Immigration and Border Protection and the Australian Border Force are responsible for migration and border enforcement.

Civilian authorities maintained effective control over the armed forces and police, and the government had effective mechanisms to investigate and punish abuse and corruption. There were no reports of impunity involving the security forces during the year.

ARREST PROCEDURES AND TREATMENT OF DETAINEES

Police officers may seek an arrest warrant from a magistrate when a suspect cannot be located or fails to appear, but they also may arrest a person without a warrant if there are reasonable grounds to believe the person committed an offense. Police must inform arrested persons immediately of their legal rights and the grounds for their arrest and must bring arrested persons before a magistrate for a bail hearing at the next session of the court. Twenty-four hours is the maximum investigation period police may hold and question a person without charge, unless extended by court order for up to an additional 24 hours.

In terrorism cases, a number of federal and state or territorial laws permit police to hold individuals in preventive detention without charge or questioning for up to 14 days.

By law the Office of the Independent National Security Legislation Monitor helps ensure that counterterrorism laws strike an appropriate balance between protecting the community and protecting human rights. The AFP, the Australian Crime Commission, and intelligence agencies are subject to parliamentary oversight. The inspector general of intelligence and security is an independent statutory officer who provides oversight of the country’s six intelligence agencies.

Bail generally is available to persons facing criminal charges unless authorities consider the person a flight risk or the charges carrying a penalty of 12 months’ imprisonment or more. Authorities granted attorneys and families prompt access to detainees. Government-provided attorneys are available to give legal advice to detainees who cannot afford counsel.

Arbitrary Arrest: The law allows courts to extend the sentences of convicted terrorists by up to an additional three years if they determine such prisoners continue to pose a significant threat to the community. Various human rights organizations criticized the law asserting it allows the government to detain prisoners indefinitely and arbitrarily. Human rights organizations raised concerns about the National Security Legislation Amendment (Espionage and Foreign Interference) Act 2018 and the Foreign Influence Transparency Scheme Act 2018, both passed in July, claiming the new laws, which criminalize leaking and the public release of leaked material, do not adequately define national security. The laws also do not provide for a public interest defense for nongovernmental institutions and media for exposing leaks.

In June 2017 the Victoria state government increased antiterrorism measures, giving Victoria police the power to search suspected terrorists and gun crime offenders without warrants. Based on suspicion alone, police are able to impose a firearm prohibition order and search a person, their car, and other property without showing “reasonable belief.” Orders can last up to 10 years for adults and five for youths. Those subject to such an order have the right to appeal to the Victoria Civil Administrative Tribunal.

Detainee’s Ability to Challenge Lawfulness of Detention before a Court: Persons arrested or detained, regardless of whether on criminal or other grounds, are entitled to challenge in court the legal basis or arbitrary nature of their detention and obtain prompt release and compensation if found to have been unlawfully detained.

The law provides for an independent judiciary, and the government respected judicial independence and impartiality.

TRIAL PROCEDURES

The law provides for the right to a fair and timely public trial, and an independent judiciary generally enforced this right. In state district and county courts, and in state and territorial supreme courts, a judge and jury try serious offenses. Defendants enjoy a presumption of innocence and cannot be compelled to testify or confess guilt. They have the right to be informed promptly and in detail of the charges, with free interpretation as necessary from the moment charged through all appeals, the right to an attorney, to be present at their trial, and adequate time and facilities to prepare a defense. Government-funded attorneys are available to low-income persons. The defendant’s attorney can question witnesses, present witnesses and evidence, and appeal the court’s decision or the sentence imposed.

POLITICAL PRISONERS AND DETAINEES

There were no reports of political prisoners or detainees.

CIVIL JUDICIAL PROCEDURES AND REMEDIES

There is an independent and impartial judiciary in civil matters, and individuals or organizations may seek civil judicial remedies for human rights violations. There is also an administrative process at the state and federal levels to seek redress for alleged wrongs by government departments. Administrative tribunals may review a government decision only if the decision is in a category specified under a law, regulation, or other legislative instrument as subject to a tribunal’s review.

PROPERTY RESTITUTION

For the resolution of Holocaust-era restitution claims, including by foreign citizens, the government has laws and mechanisms in place. Nongovernmental organizations (NGOs) and advocacy groups reported that the government has mechanisms in place, and NGOs and advocacy groups reported that the government made significant/some progress on resolution of Holocaust-era claims, including for foreign citizens.

The law prohibits such actions, and there were no reports the government failed to respect these prohibitions. Police have authority to enter premises without a warrant in emergency circumstances.

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