Document ID: chunk:federal_register_of_legislation:F2006B11685:body:0:p6
Version: federal_register_of_legislation:F2006B11685
Segment Type: other
Provision Reference: 
Character Range: 13277–16156

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 persons

14.      It is the Government's view that this factor may be relevant to protecting the Australian community in various ways:

         (a)      the nature of the offence is such that deportation is expected to deter other non-citizens from committing similar offences; and

         (b)      the deportation of a potential deportee who has been involved in a criminal scheme or schemes may discourage or prevent another person or persons from committing new offences. For example, the potential deportee may be a ringleader whose deportation may reduce the likelihood that his or her associates will commit other offences.

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

Community expectation that non-citizen perpetrators of crimes abhorrent to the community should not be allowed to remain in the community

15.      It is the Government's view that the Australian community trusts non-citizen residents to obey Australian laws. Where a potential deportee has betrayed this trust and been convicted of offences in Australia, it may be appropriate to deport such a person even if there is no serious likelihood that the person is a continuing threat, or will be a future threat, to the community. Deportation will be appropriate simply because the nature of the offence or offences is such that the Australian community would expect that the person would be deported. Weight should be given to this factor in proportion to the decision maker's understanding of the community's attitude to the potential deportee's offences. Decision makers should have due regard to the Government's view in this respect.

THE BEST INTERESTS OF THE CHILD

16.      It is the Government's view that the decision maker must determine the best interests of any children aged less than 18 years who are in a parent-child or other close relationship with the potential deportee.

        •      The potential deportee's children who are aged 18 years or more have attained the age of legal majority. The interests of these children are not considered under this heading but are considered under the heading of "The degree of hardship to other Australian citizens or permanent residents, including the potential deportee's family" at page 10.

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

17.      It is the Government's view that where there are two or more relevant children, the best interests of each child should be considered separately and also together with each other and with other members of the family. It should not be assumed that