action 3

right now, australia has no national system that properly deals with  criminal sentences imposed on non-citizens across different states and territories. 

central to section 501; is a person fails the character test if, among other things, they have:

• a “substantial criminal record” (12 months or more of imprisonment, including cumulative sentences), or
   
• certain serious criminal histories or conduct.

that means:
 

• section 501 of the migration act 1958 (cth) can fail simply because the data isn’t connected from state and territories courts, police reports. this means data adequately logged, not flagged. not seen leading to repeat offenders to slip through the cracks.
   

we are calling for a:

mandatory national non-citizen criminal sentencing register (MNNCSR)
 

every state and territory court must be required to electronically report criminal sentences for non-citizens (including permanent residents), within 3 days of sentencing, so that information is promptly and appropriately reviewed and assessed against section 501 to flag a review process. 

the register must support section 501 in every way possible including aggregating terms of imprisonment imposed for each offence, regardless of whether those sentences are ordered to be served concurrently, from mandatory inputs from the states and territories.
 

simply; no more inefficient sharing of information and administrative blind spots. 

blind spots we perceive as being potentially missed include apply:

• only considering time served and not taking into concurrent sentences which are in fact separate offences and need to be cumulatively added to apply the character test. 
• blind spots; from multi-jurisdiction offending and sentencing. 
• multiple offences triggering a first review being missed, and then subsequent reviews  not being triggered for each new offence.  

we call upon state and territories ministers to write to the Australian Parliament expressing their support in this matter.  

we call upon the National Cabinet to act in good faith, to enter into an intergovernmental agreement, so every state and territory is legally required to participate in the register in a systematic and consistent manner. 

We call upon the Department of Home Affairs to be open about challenges that stop section 501 from working effectually. 

we encourage rewarding whistleblowers who come forward with important matters and reward them our highest honour; the golden democracy manifesto flag.