Joe Ludwig (Queensland, Australian Labor Party, Manager of Government Business in the Senate) Share this | Hansard source

I thank Senator Sarah Hanson-Young for her question. I do recall that this is an issue she has been pursuing for some time now. While Australia has strong people-smuggling offences that apply to crew of people-smuggling vessels, minors are only prosecuted with people-smuggling offences in exceptional circumstances on the basis of their significant involvement in people-smuggling ventures or multiple ventures. No-one currently serving a sentence for a people-smuggling offence has been determined by a court to be a minor. Where age is not able to be clearly established, the person being investigated or prosecuted will be given the benefit of the doubt and returned to their country of origin without charge.

I will deal more particularly with the substantive issue raised in the question. Law enforcement authorities do investigate all persons suspected of being involved in people-smuggling, including minors. That is an important issue to bear in mind. Where there is doubt about whether a person arriving in Australia as an irregular maritime arrival is aged over or under 18 years of age and the person is suspected of committing a Commonwealth offence, the Australia Federal Police conduct an age determination process in accordance with the Crimes Act 1914. This is done with the consent of the person, the consent of a parent or guardian or, if a parent or guardian is not available, an independent adult person other than the AFP officers investigating the offence.

The government has announced improved processes to provide more certainty because the government does recognise that there are issues raised on this topic. It has improved processes to provide more certainty— (Time expired)