Document ID: chunk:federal_register_of_legislation:F2006B11685:body:0:p5
Version: federal_register_of_legislation:F2006B11685
Segment Type: other
Provision Reference: 
Character Range: 10449–13546

violence, and especially where there has been more than one sexual offence;

         (d)      armed robbery (including robbery involving the use of imitation weapons);

         (e)      murder, manslaughter, assault or any other form of violence against persons;

(f)      terrorist activity;

(g)      kidnapping;

(h)      blackmail;

(i)      extortion;

(j)      serious theft (including "white collar" crimes);

           •      Such crimes are of concern because of the amounts of money involved and/or the disruption caused to individuals, business and Government.

(k)      crimes against children;

           •      Because of their vulnerability as victims and potential victims, crimes against children take on a special significance, especially crimes involving inducing children to take illicit drugs, sexual assaults on children, child prostitution, violence to children, kidnapping and crimes taking advantage of children.

(l)      any other crimes involving violence or the threat of violence;

           •      Such crimes are of special concern to the welfare and safety of the Australian community.

(m)      ancillary offences in respect to any of the above offences, including:

•      convictions for attempting to commit any of the above offences;

•      convictions for conspiracy to commit any of the above offences;

           •      convictions for being an accessory before or after the fact in any of the above offences.

    Decision makers should have due regard to the Government's view in this respect.

12.      It is the Government's view that the sentence imposed for a crime is an indication also of the seriousness of the offender's conduct against the community. Decision makers should have due regard to the Government's view in this respect.

The risk of recidivism

13.      It is the Government's view that the person's previous general conduct and total criminal history are highly relevant to assessing the risk of recidivism. Decision makers should have due regard to the Government's view in this respect. In particular the following factors will be relevant to the assessment:

         (a)      the person commits a further offence after having been warned previously about the risk of deportation. They should expect that the warning will be given significant weight in consideration of his or her case;

         (b)      a person with several previous convictions in Australia should be considered as an increased risk in the light of that past behaviour. In cases where there is a gap or gaps between convictions, the inference may be open that the potential deportee has demonstrated that a substantial period since an earlier conviction is not a reliable indicator that future offences will not be committed;

         (c)      the extent of rehabilitation already achieved, the prospect of further rehabilitation and the positive contribution to the community the person may reasonably be expected to make.

The likelihood that deportation of the potential deportee would prevent (or inhibit the commission of) like offences by other