Rick, I will preface this by saying this is certainly not legal advice of any description whatsoever. It is merely some background information to the proposed amendments of which you have mentioned. All legislation must have a purpose or aim--policy in effect.The Department of Home Affairs has stated:
‘The Department is not proposing the introduction of a blanket ban on mobile phones in detention. It is proposing to recommend to the Minister to direct officers to seize mobile phones from certain categories of people in certain circumstances, while providing officers with the discretion to search and seize for mobile phones in other circumstances. Detainees who are not using their mobile phones for criminal activities or activities that affect the health, safety and security of staff, detainees and the facility would be able to retain their mobile phones under this proposed policy approach’.
It could be reasonably interpreted that it is not a given that you will be stripped of your phones without reasonable cause or suspicion if the amendment passes.
