The Albanese government has introduced a controversial bill allowing the confiscation of mobile phones and drugs from non-citizens in immigration detention. The move, which contradicts Labor’s opposition to a similar phone ban proposed by Peter Dutton in 2020, has drawn sharp criticism from legal experts and the Greens, who warn it will undermine accountability and worsen conditions in detention.
On Thursday, Home Affairs Minister Tony Burke unveiled the “Prohibiting Items in Detention” bill, citing concerns over the use of encrypted messaging services by detainees involved in drug trafficking and organized crime. The bill grants the Australian Border Force (ABF) expanded powers to search for and seize drugs, a measure endorsed by the Australian Human Rights Commission and ABF Commissioner Michael Outram in response to rising addiction and violence in detention facilities.
Burke explained that the bill allows the minister to set regulations banning items in detention if they are deemed unlawful or pose a risk to the safety and security of individuals or the facility. However, he emphasized that such measures would only be enacted when deemed necessary to prevent harm.
Under the bill, detainees whose communication devices are confiscated will be provided with alternative means to seek legal advice, contact family, or engage in political communication. Burke clarified that the bill does not impose a blanket ban on phones, stating that devices would only be seized when their use is deemed a risk.
The Coalition previously attempted to impose a total ban on mobile phones in detention, but its efforts were blocked in 2020 by crossbenchers, including Labor and Jacqui Lambie. The Coalition’s proposal would have restricted detainees to using landlines, fax machines, or the post to communicate.
Legal and advocacy groups have strongly condemned the new bill. Jana Favero, Deputy CEO of the Asylum Seeker Resource Centre, called the proposal “outrageous,” warning it would damage detainees’ mental health and violate their basic human rights. Josephine Langbien, associate legal director at the Human Rights Law Centre, accused Labor of resurrecting a “harsh and unjust” policy from the Morrison government, which would further limit detainees’ ability to hold authorities accountable for their treatment.
Greens immigration spokesperson David Shoebridge criticized the bill as part of a broader pattern of “anti-immigration attacks” by Labor, which includes proposals to restrict legal challenges and deportation rights. Shoebridge said the phone ban was emblematic of Labor’s shift toward more punitive immigration policies.
Earlier, Burke defended the bill, suggesting that the current population in detention is largely made up of individuals with serious criminal backgrounds, following a shift away from housing asylum seekers. He pointed out that 90% of those detained have criminal convictions, many for violence or drug-related offenses.
The bill’s introduction in the final sitting days of parliament has raised concerns about its swift passage and the potential for increased abuse in detention facilities. Critics argue that without access to mobile phones, detainees will lose one of the few tools they have to report mistreatment and seek justice.
This latest move adds to growing scrutiny of the government’s immigration policies, as it seeks to expand offshore detention and tighten restrictions on detainee rights.
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