The purpose of the instrument is to specify the approved activities for detainees in immigration detention. This ensures that those detainees who participate in the approved activities will not be considered to be performing work in breach of paragraph 235(3) of the Act.
Paragraph 235(3) of the Act provides that an unlawful non-citizen who performs work in Australia, whether for reward or otherwise, commits an offence. However, paragraph 235(7)(a) of the Act provides that ‘work’ for the purposes of section 235 of the Act does not include a voluntary activity performed by a detainee in immigration detention, if that activity is of a kind approved in writing by the Secretary. Further, paragraph 245AF(a) of the Act provides that no offence is committed where a person in immigration detention engages voluntarily in an activity of a kind approved in writing by the Secretary.
The purpose of the instrument is to specify the approved activities for detainees in immigration detention. This ensures that those detainees who participate in the approved activities will not be considered to be performing work in breach of paragraph 235(3) of the Act.
This instrument operates to specify the approved activities if voluntarily engaged in by a detainee in immigration detention. The below activities differ in comparison to the previous instrument IMMI 10/019:
- painting has been included as an activity for personal purposes;
- food preparation has been included with cooking;
- community activities have been limited to activities performed for charitable and other non for profit organisations.
Source: LIN20053.pdf and LIN20053-Explanatory-Statement.pdf