Document ID: chunk:federal_register_of_legislation:F2006B11685:body:0:p4
Version: federal_register_of_legislation:F2006B11685
Segment Type: other
Provision Reference: 
Character Range: 7744–10765

view that the Australian community expects the Government to protect it from the actions of criminals and to take action to remove unacceptable levels of risk of crime. In particular, it is the Government's view that the Australian community expects that the Government will take necessary action to ensure the safety of the more vulnerable members of the community. The Government considers that children and young people are especially at risk in this area. The Government acknowledges that it has a heavy responsibility to ensure that the rights of the community are carefully considered when making decisions relating to the criminal deportation of offenders. This is of particular importance when the offences in question are in relation to drugs and crimes of violence. A decision maker should have due regard to the Government's view in this respect.

10.      It is the Government's view that the following factors are relevant to an assessment of the level of risk to the community and the need for its protection:

(a)      the seriousness and nature of the crime;

(b)      the risk of recidivism; and

        (c)      the likelihood that deportation of the potential deportee would be likely to prevent or discourage similar offences by other persons.

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

The seriousness and nature of the offence

11.      It is the Government's view that the following are examples of offences which are considered by the Government to be very serious:

        (a)      the production, importation, distribution, trafficking (including possession for this purpose), commercial dealing, or selling of illicit drugs.

            •      Persons who embark upon drug-related crime for financial gain have shown a callous disregard for the insidious effects of illicit drugs on the health and welfare of Australia's young people.

            •      The Government views potential deportees who have sought to profit from the import or supply of drugs, whether or not motivated by their own need for illicit drugs, as extremely serious offenders. It is important both are a deterrent to other criminals and to protect Australian society that it is clearly understood that crimes involving drug trafficking, which puts the lives of young Australians at risk should be viewed as completely unacceptable to the community.

             •      Offences involving heroin and other illicit drugs of dependency or addiction are of particular concern to the Government and the community.

(b)      organised criminal activity resulting in a conviction in Australia;

         (c)      sexual assaults, whether or not accompanied by other 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;