A Best Western Hotel in Fawkner has been partially operating as a detention centre, or, an ‘alternative place of detention’ (‘APOD’), since mid-2019.
This fact was made public by Cnr Sue Bolton in December 2020, who expressed her mortification at the fact that APODs can be set up by the federal government in hotels in Moreland (and likely elsewhere) without needing to notify the local council.
As it stands, under the Migration Act 1954 (Cth), the federal government is empowered to set up detention centres by buying or leasing properties, as long as that land is considered suitable for the purposes of detaining persons without a visa. This means that the ability to set up APODs is excessively easy for the federal government.
Darebin Council faced similar revelations in early 2020 after an APOD was established in Mantra Hotel in Preston. In response to public outcry at refugees being held indefinitely in the hotel, Darebin Council voted to get legal advice regarding whether Mantra Hotel was in breach of their planning permit. The legal advice they received was that there was no breach of the planning permit and therefore no way for Darebin to enact enforcement against Mantra.
Moreland Council is considering a similar approach to using planning laws to stop this practice. Under the Planning and Environment Act 1987 (Vic) – which Moreland Councillors are compelled to uphold – operators of a hotel must have a permit for utilising the land for ‘accommodation’. These permits only enable hotel operators to use the land for accommodation; they can’t, for example, suddenly decide to operate any other type of business that they want.
The live question up for debate is: what type of land use is running a detention centre? Under the Planning Scheme, there is no definition for detention. As Cnr James Conlan pointed out in the July 2021 Council Meeting, where there is no category under the Planning Scheme for the type of land use taking place, then a person must obtain a permit, which must be approved by Moreland Council. As yet, the Best Western Hotel in Fawkner has not obtained a permit for their changed activities.
Whilst it has been uncovered there are unlikely to be refugees being held in the Best Western Hotel at the moment, we know that creating APODs in the community are increasingly common. With the Afghani refugee crisis unfolding, it’s important that Moreland take action now rather than later, and put a stop to dangerous precedents.
By SAS & BB
The Coburg Meddler 