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RECOMMENDATIONS
DIAC's contract with Serco
Recommendation 5
3.78 The Committee
recommends that the Department of Immigration and Citizenship appoint an
independent expert to inquire into the appropriate qualifications for Serco
Client Service Officers and make appropriate amendments to its contract with
Serco.
Recommendation 9
3.104 The Committee
recommends that Serco develop and implement improved proactive procedures to
support staff following critical incidents.
Provision of health services to people in detention
(especially mental health services)
Recommendation 6
3.91 The Committee
recommends that the Department of Immigration and Citizenship effectively
contract manage Serco's implementation of the Psychological Support Program
Policy.
Recommendation 7
3.92 The Committee
recommends that the Department of Immigration and Citizenship work with Serco
and the Detention Health Advisory Group to reform the Keep Safe policy to
ensure it is fully consistent with the Psychological Support Program Policy, as
soon as possible.
Recommendation 8
3.93 The Committee
recommends that the Department of Immigration and Citizenship ensure that Serco
provides adequate Detention Health Advisory Group -endorsed mental health
training to Serco officers who implement the Psychological Support Program
Policy.
Recommendation 10
3.109 The Committee
recommends that the Department of Immigration and Citizenship ensure Serco has
appropriate procedures and training in place so that only where International
Health and Medical Services personnel are not available can senior Serco
managers participate in the secondary dispensing of medication.
Recommendation 14
4.38 The Committee
recommends that International Health and Medical Services staff be rostered on
a 24 hour a day basis at all non-metropolitan detention facilities.
Recommendation 15
4.39 The Committee recommends
that the Department of Immigration and Citizenship assess, on a case by case
basis, the need for International Health and Medical Services staff to be
rostered on a 24 hour a day basis at metropolitan detention facilities.
Recommendation 16
4.69 The Committee
recommends that the Department of Immigration and Citizenship work with International
Health and Medical Services to pilot regular mental health outreach services in
detention facilities.
Recommendation 17
4.91 The Committee recommends
that the Department of Immigration and Citizenship develop a transport
capability to transfer detainees with non-acute injuries to remote hospitals.
Reforms to the existing network
Recommendation 1
3.34 The
Committee recommends that the Department of Immigration and Citizenship
continue to robustly contract manage Serco's obligation to provide appropriate
activities for detainees.
Recommendation 2
3.36 The Committee
recommends that the Department of Immigration and Citizenship consider other
accommodation or recreation options for detainees when the amenity of a
facility is compromised due to construction or maintenance projects.
Recommendation 12
3.128 The Committee
recommends that the Department of Immigration and Citizenship require Serco
local managers to apply a consistent practice and procedure protocol to visits
across the network, in accordance with the information provided on the
department website.
Recommendation 13
3.129 The Committee
recommends that the Department of Immigration and Citizenship continue to
improve visitor facilities across the network.
Children in detention
Recommendation 19
5.95 The Committee
recommends that relevant legislation be amended to replace the Minister for
Immigration as the legal guardian of unaccompanied minors in the immigration
detention system.
Recommendation 20
5.109 The Committee
recommends that the Department of Immigration and Citizenship develop and
implement a uniform code for child protection for all children seeking asylum
across the immigration system.
Recommendation 21
5.110 The Committee further
recommends that the Department of Immigration and Citizenship adopt Memoranda
of Understanding with children's commissions or commissioners in all states and
territories as soon as possible.
Reforms to detention policy
Recommendation 18
5.65 The Committee
recommends that, as a matter of policy, the Department of Immigration and
Citizenship accommodate detainees in metropolitan detention facilities wherever
possible, in particular children and families, and those detainees with special
needs or with complex medical conditions.
Recommendation 22
5.119 The Committee
recommends that the Australian Government take further steps to adhere to its
commitment of only detaining asylum seekers as a last resort and for the
shortest practicable time, and subject to an assessment of non-compliance and
risk factors, as enunciated by the New Directions policy.
Recommendation 23
5.120 The
Committee further recommends that asylum seekers who pass initial identity,
health, character and security checks be immediately granted a bridging visa or
moved to community detention while a determination of their refugee status is
completed, and that all reasonable steps be taken to limit detention to a
maximum of 90 days.
Recommendation 24
5.121 The Committee
recommends that the Department of Immigration and Citizenship be required to
publish on a quarterly basis the reasons for the continued detention of any
person detained for more than 90 days, without compromising the privacy of the
individuals.
Recommendation 29
7.16 The Committee recommends
that the Department of Immigration and Citizenship consider publishing criteria
for determining whether asylum seekers are placed in community detention or on
bridging visas.
Recommendation 30
7.91 The Committee
recommends that the Australian Government and the Department of Immigration and
Citizenship seek briefing on control orders in use by the criminal justice
system and explore the practicalities of employing similar measures for
refugees and asylum seekers who are in indefinite detention or cannot be
repatriated.
Reforms to processing of protection claims and
security assessments
Recommendation 25
6.61 The
Committee recommends that the Department of Immigration and Citizenship
consider revising and enhancing its system of quality control to oversee those
Refugee Status and Assessment and Independent Merits Review processes still
underway.
Recommendation 26
6.96 The Committee
recommends that the Australian Government move to place all asylum seekers who
are found to be refugees, and who do not trigger any concerns with the
Australian Security Intelligence Organisation following initial security
checks, and subject to an assessment of non-compliance and risk factors, into
community detention while any necessary in-depth security assessments are
conducted.
Recommendation 27
6.151 The Committee
recommends that the Australian Government and the Australian Security
Intelligence Organisation establish and implement periodic, internal reviews of
adverse Australian Security Intelligence Organisation refugee security
assessments commencing as soon as possible.
Recommendation 28
6.152 The Committee
recommends that the Australian Security Intelligence Organisation Act be
amended to allow the Security Appeals Division of the Administrative Appeals
Tribunal to review the Australian Security Intelligence Organisation security
assessments of refugees and asylum seekers.
Implementation of Hawke–Williams Recommendations
Recommendation 3
3.56 The Committee
recommends that the Department of Immigration and Citizenship conduct robust
auditing of Serco staffing ratios and training, in line with the
recommendations in the Comcare report and the Hawke-Williams review.
Recommendation 4
3.64 The Committee
reiterates the recommendation made by the Commonwealth Ombudsman that the
Department of Immigration and Citizenship, conduct a review of the quality and
management of incident reporting across immigration detention network, and also
assess Serco's capacity to monitor its own compliance with the reporting
guidelines.
Recommendation 11
3.118 Consistent with the
findings of the Hawke-Williams review, the Committee recommends that the
government finalise a security protocol between Serco, the Australian Federal
Police and local police in each state and territory.
Recommendation 31
8.59 The Committee
recommends that the Department of Immigration and Citizenship continue to work
towards implementing all of the recommendations made by the Hawke-Williams
review, and that the Minister for Immigration and Citizenship report to the
Parliament no later than 20 September 2012 on progress in implementing the
review recommendations.
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