House of Representatives Committees

| Joint Standing Committee on Migration

Footnotes

Chapter 1 Introduction

[1] With the exception of the recently opened facility for juvenile foreign fishers in Darwin, which was under construction at the time of the Committee’s visit, and Immigration Transit Accommodation under construction in Adelaide.

[2] An immigration transit accommodation facility is also under construction in Adelaide.

[3] Department of Immigration and Citizenship, ‘Unauthorised arrivals by land and sea’, Fact sheets 74 & 74a, viewed on 1 November 2008 at web.archive.org/web/ 20030621215427/http://www.immi.gov.au /facts/ 74unauthorised.htm web.archive.org /web/20030621215037/ www.immi.gov.au/facts/74a_ boatarrivals.htm.

[4] Senator the Hon C Evans, Minister for Immigration and Citizenship, ‘Unauthorised boat arrivals arrive on Christmas Island’, media release, 2 October 2008.

[5] Department of Immigration and Citizenship, ‘Immigration detention statistics summary’ as at 29 May 2009, viewed on 22 June 2009 at http://www.immi.gov.au/managing-australias-borders/detention/_pdf/immigration-detention-statistics-20090529.pdf.

[6] Human Rights and Equal Opportunity Commission, A last resort? National inquiry into children in immigration detention (2004); Chilout, submission 40, 27 August 2008, p 3; Cole E, Bail for immigration detainees, A few families too many —The detention of asylum seeking families in the UK (2003), pp 34-35; Circle of Friends 42, submission 32, 27 August 2008, p 6.

[7] Attorney-General’s Department, submission 61, 27 August 2008, p 2; Nasu H, Rice S & Zagor M, submission 76, 27 August 2008, p 3; Refugee and Immigration Legal Centre, submission 130, 27 August 2008, p 7.

[8] United Nations High Commissioner for Refugees, Guidelines on applicable criteria and standards relating to the detention of asylum seekers (1999), p 1.

[9] Department of Immigration and Citizenship, submission 129, 11 September 2008, pp 18-26.

[10] Joint Standing Committee on Migration, Immigration detention in Australia: Community-based alternatives to detention (2009), Chapter 2.

[11] Australian Human Rights Commission, ‘Immigration detention and human rights’, viewed on 31 July 2009 at http://www.hreoc.gov.au/Human_Rights/immigration/detention_rights.html.

[12] Joint Standing Committee on Migration, Immigration detention in Australia: Community-based alternatives to detention (2009), Chapter 2.

[13] Joint Standing Committee on Migration, Immigration detention in Australia: Community-based alternatives to detention (2009), Chapter 2.

[14] Department of Immigration and Citizenship, supplementary submission 129f, 26 November 2008, p 9.

[15] Senator the Hon C Evans, Minister for Immigration and Citizenship, ‘New directions in detention’, speech delivered at Australian National University, 29 July 2008.

[16] Department of Immigration and Citizenship, Fact Sheet 68 - Abolition of Temporary Protection visas (TPVs) and Temporary Humanitarian visa (THVs), and the Resolution of Status (subclass 851) visa (2009).

[17] Senator the Hon C Evans, Minister for Immigration and Citizenship, ‘Greater transparency for refugee and migration tribunals’, media release, 17 February 2009.

[18] Senator the Hon C Evans, Minister for Immigration and Citizenship, ‘Greater transparency for refugee and migration tribunals’, media release, 17 February 2009.

[19] Senator the Hon C Evans, Minister for Immigration and Citizenship, ‘Detention debt regime to be scrapped’, media release, 18 March 2009; Sen the Hon J Ludwig, Migration Amendment (Abolishing Detention Debt) Bill 2009, second reading speech, Senate Hansard, 18 March 2009, pp 1-4.

[20] Australian Government, Budget 2009-10, ‘Part 3: Capital Measures’, viewed on 27 May 2009 at http://www.budget.gov.au/2009-10/content/bp2/download/bp2_Capital.pdf.

[21] Senator the Hon C Evans, Minister for Immigration and Citizenship, ‘Budget 2009–10 – New Directions in Detention’, media release, 12 May 2009.

[22] Senator the Hon C Evans, Minister for Immigration and Citizenship, ‘Detention values to be enshrined in law’, media release, 25 June 2009.

[23] Senator the Hon C Evans, Minister for Immigration and Citizenship, ‘Detention values to be enshrined in law’, media release, 25 June 2009; See paragraph 1.20.

[24] The first report on Immigration Detention in Australia is available at http://www.aph.gov.au/house/committee/mig/detention/report.htm.

[25] Joint Standing Committee on Migration, Immigration detention in Australia: A new beginning – Criteria for release from immigration detention (2008).

[26] Joint Standing Committee on Migration, Immigration detention in Australia: A new beginning – Criteria for release from immigration detention (2008), pp 63-70.

[27] Joint Standing Committee on Migration, Immigration detention in Australia: A new beginning – Criteria for release from immigration detention (2008), p 70.

[28] Joint Standing Committee on Migration, Immigration detention in Australia: A new beginning – Criteria for release from immigration detention (2008), pp 70-78.

[29] Joint Standing Committee on Migration, Immigration detention in Australia: A new beginning – Criteria for release from immigration detention (2008), pp 38-42.

[30] Joint Standing Committee on Migration, Immigration detention in Australia: A new beginning – Criteria for release from immigration detention (2008), pp 78-84.

[31] Joint Standing Committee on Migration, Immigration detention in Australia: A new beginning – Criteria for release from immigration detention (2008), pp 90-96.

[32] The second report on Immigration Detention in Australia is available at http://www.aph.gov.au/house/committee/mig/detention/report2.htm.

[33] Joint Standing Committee on Migration, Immigration detention in Australia: Community-based alternatives to detention (2009), pp 131-33.

[34] Joint Standing Committee on Migration, Immigration detention in Australia: Community-based alternatives to detention (2009), pp 131-33.

[35] Joint Standing Committee on Migration, Immigration detention in Australia: Community-based alternatives to detention (2009), pp 133-41.

Chapter 2 Immigration detention infrastructure

[1] Australian National Audit Office, Management of the Detention Centre Contracts-Part A, Report No. 54 (2003–04), p 27.

[2] Joint Standing Committee on Public Works, Provision of Facilities for Maribyrnong Immigration Detention Centre Additional Accommodation and Related Works, Maribyrnong, Victoria (March 2005), Parliament of the Commonwealth of Australia, p ix.

[3] Department of Immigration and Citizenship, Standards for Design and Fitout of Immigration Detention Facilities (October 2007), p 7.

[4] Department of Immigration and Citizenship, Standards for Design and Fitout of Immigration Detention Facilities (October 2007), p 7.

[5] Under subsection 5(1) of the Migration Act 1958, non-citizen means a person who is not an Australian citizen.

[6] Department of Immigration and Citizenship, ‘About Immigration Detention Facilities’, viewed on 22 May 2009 at http://www.immi.gov.au/managing-australias-borders/detention/facilities/about/immigration-detention-facilities.htm.

[7] Australian Human Rights Commission, ‘Immigration detention and human rights’, viewed on 31 July 2009 at http://www.hreoc.gov.au/Human_Rights/immigration/detention_rights.html.

[8] Department of Immigration and Citizenship, ‘About Immigration Detention Facilities’, viewed on 22 May 2009 at http://www.immi.gov.au/managing-australias-borders/detention/facilities/about/immigration-detention-facilities.htm.

[9] Department of Immigration and Citizenship, ‘About Immigration Detention Facilities’, viewed on 22 May 2009 at http://www.immi.gov.au/managing-australias-borders/detention/facilities/about/immigration-detention-facilities.htm.

[10] Department of Immigration and Citizenship, ‘Understanding Immigration Detention’, viewed on 22 May 2009 at http://www.immi.gov.au/managing-australias-borders/detention/about/understanding.htm.

[11] Department of Immigration and Citizenship, ‘Understanding Immigration Detention’, viewed on 22 May 2009 at http://www.immi.gov.au/managing-australias-borders/detention/about/understanding.htm.

[12] Department of Immigration and Citizenship, ‘Immigration detention statistics summary’ as at 29 May 2009, viewed on 22 June 2009 at http://www.immi.gov.au/managing-australias-borders/detention/_pdf/immigration-detention-statistics-20090529.pdf.

[13] Senate Standing Committee on Legal and Constitutional Affairs, Question Taken on Notice, Supplementary Budget Estimates 2008-2009 (October 2008), (60) Output 1.5, detention, Immigration centre at Perth Airport, viewed on 22 June 2009 at http://www.aph.gov.au/SEnate/committee/legcon_ctte/estimates/sup_0809/diac_qon/60_qon_21_Oct_08.pdf.

[14] Department of Immigration and Citizenship, ‘Accommodation and Facilities’, viewed on 22 May 2009 at http://www.immi.gov.au/managing-australias-borders/detention/facilities/locations/perth/accommodation.htm.

[15] Department of Immigration and Citizenship, submission 129w, 24 June 2009, p 7. According to the Australian Bureau of Statistics, in 2003-04 the average site area of new houses in Australian capital cities was approximately 730m².

[16] Department of Immigration and Citizenship, submission 129w, 24 June 2009, p 7.

[17] Department of Immigration and Citizenship, submission 129w, 24 June 2009, pp 7-8.

[18] Department of Immigration and Citizenship, submission 129w, 24 June 2009, pp 7-8.

[19] Department of Immigration and Citizenship, submission 129w, 24 June 2009, pp 7-8.

[20] Department of Immigration and Citizenship, ‘Accommodation and Facilities’, viewed on 22 May 2009 at http://www.immi.gov.au/managing-australias-borders/detention/facilities/locations/perth/accommodation.htm.

[21] Moss V, Southern Communities Advocacy Legal and Education Services Community Legal Centre, Transcript of evidence, 9 October 2008, p 6.

[22] Innes G, Australian Human Rights Commission, Transcript of evidence, 24 October 2008, p 4.

[23] Australian Human Rights Commission (formerly the Human Rights and Equal Opportunity Commission), submission 99, 27 August 2008, pp 33-34.

[24] National Legal Aid, submission 137, 24 October 2008, p 11.

[25] Commonwealth Ombudsman, submission 126, 3 September 2008, p 23.

[26] Power P, Refugee Council of Australia, Transcript of evidence, 4 February 2009, p 2.

[27] Metcalfe A, Department of Immigration and Citizenship, Transcript of evidence, 24 September 2008, p 2.

[28] Metcalfe A, Department of Immigration and Citizenship, Transcript of evidence, 18 March 2009, p 6.

[29] Department of Immigration and Citizenship, ‘Villawood Immigration Detention Centre in Sydney (NSW)’, viewed on 22 May 2009 at http://www.immi.gov.au/managing-australias-borders/detention/facilities/locations/villawood/.

[30] Department of Immigration and Citizenship, ‘Villawood Immigration Detention Centre in Sydney (NSW)’, viewed on 22 May 2009 at http://www.immi.gov.au/managing-australias-borders/detention/facilities/locations/villawood/.

[31] See Chapter 1, paragraph 1.25.

[32] Australian Government, Budget 2009-10, ‘Part 3: Capital Measures’, viewed on 27 May 2009 at http://www.budget.gov.au/2009-10/content/bp2/download/bp2_Capital.pdf.

[33] Department of Immigration and Citizenship, submission 129w, 24 June 2009, p 5.

[34] Department of Immigration and Citizenship, submission 129w, 24 June 2009, p 5.

[35] Department of Immigration and Citizenship, submission 129w, 24 June 2009, pp 5-6.

[36] Department of Immigration and Citizenship, submission 129w, 24 June 2009, pp 5-6.

[37] Department of Immigration and Citizenship, submission 129w, 24 June 2009, pp 5-6.

[38] Department of Immigration and Citizenship, ‘Accommodation and Facilities’, viewed on 22 May 2009 at http://www.immi.gov.au/managing-australias-borders/detention/facilities/locations/villawood/accommodation.htm.

[39] Department of Immigration and Citizenship, ‘Accommodation and Facilities’, viewed on 22 May 2009 at http://www.immi.gov.au/managing-australias-borders/detention/facilities/locations/villawood/accommodation.htm.

[40] Department of Immigration and Citizenship, ‘Accommodation and Facilities’, viewed on 22 May 2009 at http://www.immi.gov.au/managing-australias-borders/detention/facilities/locations/villawood/accommodation.htm.

[41] Department of Immigration and Citizenship, ‘Accommodation and Facilities’, viewed on 22 May 2009 at http://www.immi.gov.au/managing-australias-borders/detention/facilities/locations/villawood/accommodation.htm.

[42] Department of Immigration and Citizenship, submission 129w, 24 June 2009, p 5.

[43] Holdcroft D, Jesuit Refugee Service Australia, submission 73, 27 August 2008, p 4.

[44] Castle J, submission 64, 27 August 2008, p 3.

[45] Commonwealth Ombudsman, submission 126, 3 September 2008, p 20; Clement N, Australian Red Cross, Transcript of evidence, 7 May 2008, p 9; Morton K, submission 100, 27 August 2008, p 1; Prince R, submission 113, 27 August 2008, p 4; Bishop I, submission 8, 27 August 2008, p 1.

[46] Commonwealth Ombudsman, submission 126, 3 September 2008, p 22.

[47] Commonwealth Ombudsman, submission 126, 3 September 2008, pp 24 and 26.

[48] Innes G, Australian Human Rights Commission, Transcript of evidence, 24 October 2008, p 3.

[49] National Legal Aid, submission 137, 24 October 2008, pp 11-12.

[50] Gauthier K, A Just Australia, Transcript of evidence, 7 May 2008, p 3.

[51] Nicholls D, Balmain for Refugees Group, Transcript of evidence, 7 May 2008, p 5.

[52] Immigration Detention Advisory Group, submission 62, 27 August 2008, p 9.

[53] Australian Human Rights Commission (formerly the Human Rights and Equal Opportunity Commission), submission 99, 27 August 2008, pp 32-33.

[54] Metcalfe A, Department of Immigration and Citizenship, Transcript of evidence, 24 September 2008, p 2.

[55] Metcalfe A, Department of Immigration and Citizenship, Transcript of evidence, 18 March 2009, p 5.

[56] Australian Government, Budget 2009-10, ‘Part 3: Capital Measures’, viewed on 1 June 2009 at http://www.budget.gov.au/2009-10/content/bp2/html/bp2_capital-08.htm.

[57] Australian Government, Budget 2009-10, ‘Part 3: Capital Measures’, viewed on 1 June 2009 at http://www.budget.gov.au/2009-10/content/bp2/html/bp2_capital-08.htm.

[58] Department of Immigration and Citizenship, ‘Northern Immigration Detention Centre at Darwin’, viewed on 22 May 2009 at http://www.immi.gov.au/managing-australias-borders/detention/facilities/locations/northern/.

[59] Department of Immigration and Citizenship, submission 129w, 24 June 2009, p 4.

[60] Department of Immigration and Citizenship, submission 129w, 24 June 2009, p 4.

[61] Department of Immigration and Citizenship, submission 129w, 24 June 2009, p 4.

[62] Department of Immigration and Citizenship, submission 129w, 24 June 2009, p 4.

[63] Department of Immigration and Citizenship, submission 129w, 24 June 2009, p 4.

[64] Department of Immigration and Citizenship, submission 129w, 24 June 2009, p 4.

[65] Department of Immigration and Citizenship, submission 129w, 24 June 2009, p 4.

[66] Australian Human Rights Commission, Immigration detention report – December 2008, p 55.

[67] Australian Human Rights Commission, Immigration detention report – December 2008, pp 55-56.

[68] Department of Immigration and Citizenship, submission 129, 11 September 2008, pp 5-6.

[69] Department of Immigration and Citizenship, ‘Maribyrnong Immigration Detention Centre’, viewed on 25 May 2009 at http://www.immi.gov.au/managing-australias-borders/detention/facilities/locations/maribyrnong/.

[70] Department of Immigration and Citizenship, submission 129w, 24 June 2009, p 2.

[71] Department of Immigration and Citizenship, submission 129w, 24 June 2009, p 2.

[72] Department of Immigration and Citizenship, submission 129w, 24 June 2009, p 3.

[73] Department of Immigration and Citizenship, submission 129w, 24 June 2009, p 3.

[74] Department of Immigration and Citizenship, submission 129w, 24 June 2009, p 3.

[75] Department of Immigration and Citizenship, ‘Accommodation and Facilities’, viewed on 25 May 2009 at http://www.immi.gov.au/managing-australias-borders/detention/facilities/locations/maribyrnong/accommodation.htm.

[76] Department of Immigration and Citizenship, submission 129w, 24 June 2009, p 2.

[77] Vichie S, submission 118, 27 August 2008, p 1.

[78] Australian Human Rights Commission, Immigration detention report – December 2008, p 52.

[79] Australian Human Rights Commission, Immigration detention report – December 2008, pp 52-53.

[80] Australian Human Rights Commission, Immigration detention report – December 2008, p 53.

[81] Metcalfe A, Department of Immigration and Citizenship, Transcript of evidence, 18 March 2009, p 5.

[82] Migration Act 1958, subsection 5(1).

[83] Under subsection 5(1) of the Migration Act 1958, non-citizen means a person who is not an Australian citizen.

[84] Under subsection 14(1) of the Migration Act 1958, a non-citizen in the migration zone who is not a lawful non-citizen is an unlawful non-citizen. A lawful non-citizen is a national from another country who has the right to be in Australia either indefinitely or temporarily because they hold a permanent or temporary visa.

[85] Under subsection 5(1) of the Migration Act 1958, an offshore entry person means a person who: entered Australia at an excised offshore place after the excision time for that offshore place; and became an unlawful non-citizen because of that entry.

[86] Migration Act 1958, subsection 5(1).

[87] Migration Act 1958, section 46A.

[88] Migration Act 1958, section 198A.

[89] Migration Act 1958, subsection 198A(4).

[90] Parliamentary Library, ‘Excising Australia: Are we really shrinking?’, no. 5, 2005–06, ISSN 1449-8456, 31 August 2005, p 1.

[91] Parliamentary Library, ‘Excising Australia: Are we really shrinking?’, no. 5, 2005–06, ISSN 1449-8456, 31 August 2005, p 1.

[92] Department of Immigration and Citizenship, submission 129w, 24 June 2009, pp 9, 11-12.

[93] Department of Immigration and Citizenship, submission 129w, 24 June 2009, pp 9, 11-12.

[94] Department of Immigration and Citizenship, ‘Accommodation at the Christmas Island Immigration Detention Centre’, viewed on 22 June 2009 at http://www.immi.gov.au/managing-australias-borders/detention/facilities/locations/christmas-island/accommodation.htm.

[95] Department of Immigration and Citizenship, submission 129w, 24 June 2009, p 11.

[96] Department of Immigration and Citizenship, submission 129w, 24 June 2009, p 11.

[97] Department of Immigration and Citizenship, submission 129w, 24 June 2009, p 11.

[98] Department of Immigration and Citizenship, ‘Accommodation at the Christmas Island Immigration Detention Centre’, viewed on 22 June 2009 at http://www.immi.gov.au/managing-australias-borders/detention/facilities/locations/christmas-island/accommodation.htm.

[99] Department of Immigration and Citizenship, ‘Accommodation at the Christmas Island Immigration Detention Centre’, viewed on 22 June 2009 at http://www.immi.gov.au/managing-australias-borders/detention/facilities/locations/christmas-island/accommodation.htm.

[100] Department of Immigration and Citizenship, ‘Accommodation at the Christmas Island Immigration Detention Centre’, viewed on 22 June 2009 at http://www.immi.gov.au/managing-australias-borders/detention/facilities/locations/christmas-island/accommodation.htm.

[101] Refugee Council of Australia, submission 120, 3 September 2008, p 7.

[102] Australian Human Rights Commission, Immigration detention report – December 2008, p 76.

[103] Metcalfe A, Department of Immigration and Citizenship, Transcript of evidence, 24 September 2008, p 3.

[104] Department of Immigration and Citizenship, submission 129w, 24 June 2009, p 9.

[105] Department of Immigration and Citizenship, submission 129w, 24 June 2009, p 9.

[106] Department of Immigration and Citizenship, submission 129w, 24 June 2009, p 9.

[107] Department of Immigration and Citizenship, submission 129w, 24 June 2009, p 9.

[108] Department of Immigration and Citizenship, submission 129w, 24 June 2009, p 9.

[109] Australian Human Rights Commission, Immigration detention report – December 2008, p 77.

[110] Metcalfe A, Department of Immigration and Citizenship, Transcript of evidence, 18 March 2009, p 5.

[111] Department of Immigration and Citizenship, submission 129w, 24 June 2009, p 12.

[112] Department of Immigration and Citizenship, submission 129w, 24 June 2009, p 12.

[113] Department of Immigration and Citizenship, submission 129w, 24 June 2009, p 12.

[114] Department of Immigration and Citizenship, submission 129w, 24 June 2009, p 12.

[115] United Nations High Commissioner for Refugees, submission 133, 17 September 2008, p 15.

[116] Australian Human Rights Commission, Immigration detention report – December 2008, p 76.

[117] Metcalfe A, Department of Immigration and Citizenship, Transcript of evidence, 18 March 2009, p 25.

[118] Metcalfe A, Department of Immigration and Citizenship, Transcript of evidence, 18 March 2009, p 15.

[119] Senate Legal and Constitutional References Committee, Estimates (May 2008), Parliament of the Commonwealth of Australia, p 118.

[120] Australian Human Rights Commission, ‘Immigration detention and human rights’, viewed on 31 July 2009 at http://www.hreoc.gov.au/Human_Rights/immigration/detention_rights.html.

[121] Department of Immigration and Citizenship, ‘About Immigration Detention Facilities’, viewed on 22 May 2009 at http://www.immi.gov.au/managing-australias-borders/detention/facilities/about/immigration-detention-facilities.htm.

[122] Department of Immigration and Citizenship, ‘Eligibility for Participation’, viewed on 26 May 2009 at http://www.immi.gov.au/managing-australias-borders/detention/facilities/about/rhcs.htm.

[123] Department of Immigration and Citizenship, submission 129w, 24 June 2009, p 15.

[124] Department of Immigration and Citizenship, submission 129w, 24 June 2009, p 15.

[125] Department of Immigration and Citizenship, ‘Accommodation and Facilities’, viewed on 25 May 2009 at http://www.immi.gov.au/managing-australias-borders/detention/facilities/locations/perthIRH/accommodation.htm.

[126] Department of Immigration and Citizenship, ‘Accommodation and Facilities’, viewed on 25 May 2009 at http://www.immi.gov.au/managing-australias-borders/detention/facilities/locations/perthIRH/accommodation.htm.

[127] Australian Human Rights Commission (formerly the Human Rights and Equal Opportunity Commission), submission 99, 27 August 2008, p 36.

[128] Australian Human Rights Commission, Immigration detention report – December 2008, pp 61-62.

[129] Power P, Refugee Council of Australia, Transcript of evidence, 4 February 2009, p 2.

[130] Department of Immigration and Citizenship, submission 129w, 24 June 2009, p 13.

[131] Department of Immigration and Citizenship, submission 129w, 24 June 2009, p 13.

[132] Department of Immigration and Citizenship, submission 129w, 24 June 2009, p 13.

[133] Department of Immigration and Citizenship, submission 129w, 24 June 2009, p 13.

[134] Department of Immigration and Citizenship, submission 129w, 24 June 2009, p 14.

[135] Department of Immigration and Citizenship, submission 129w, 24 June 2009, p 13.

[136] Power P, Refugee Council of Australia, Transcript of evidence, 4 February 2009, p 5.

[137] Australian Human Rights Commission, Immigration detention report – December 2008, p 60.

[138] Jesuit Refugee Service Australia, submission 73, 27 August 2008, p 4.

[139] Bridge for Asylum Seekers Foundation, submission 5, 27 August 2008, p 1.

[140] Australian Human Rights Commission, Immigration detention report – December 2008, p 82.

[141] Department of Immigration and Citizenship, submission 129w, 24 June 2009, p 18.

[142] Department of Immigration and Citizenship, submission 129w, 24 June 2009, p 18.

[143] Department of Immigration and Citizenship, submission 129w, 24 June 2009, p 18.

[144] Department of Immigration and Citizenship, submission 129w, 24 June 2009, p 18.

[145] Department of Immigration and Citizenship, submission 129w, 24 June 2009, p 18.

[146] Department of Immigration and Citizenship, submission 129w, 24 June 2009, p 18.

[147] Detention Health Advisory Group, submission 101, 27 August 2008, p 2.

[148] Coleman C, Hotham Mission Asylum Seeker Project, Transcript of evidence, 11 September 2008, p 37.

[149] Australian Human Rights Commission, Immigration detention report – December 2008, p 62.

[150] Department of Immigration and Citizenship, submission 129w, 24 June 2009, p 17.

[151] Department of Immigration and Citizenship, submission 129w, 24 June 2009, p 17.

[152] Department of Immigration and Citizenship, submission 129w, 24 June 2009, p 17.

[153] Department of Immigration and Citizenship, submission 129w, 24 June 2009, p 17.

[154] Australian Human Rights Commission, Immigration detention report – December 2008, p 64.

[155] Australian Human Rights Commission, Immigration detention report – December 2008, p 83.

[156] Australian Human Rights Commission, Immigration detention report – December 2008, p 83.

[157] Department of Immigration and Citizenship, submission 129w, 24 June 2009, p 4.

[158] Department of Immigration and Citizenship, submission 129w, 24 June 2009, p 4.

[159] Human Rights and Equal Opportunity Commission, Summary of Observations following the Inspection of Mainland Immigration Detention Facilities 2007 (December 2007), pp 21-22.

[160] Human Rights and Equal Opportunity Commission, Summary of Observations following the Inspection of Mainland Immigration Detention Facilities 2007 (December 2007), pp 21-22.

[161] Australian Human Rights Commission, Immigration detention report – December 2008, p 84.

[162] Australian Human Rights Commission, Immigration detention report – December 2008, p 84.

[163] Australian Human Rights Commission, Immigration detention report – December 2008, pp 77-78.

[164] Australian Human Rights Commission, Immigration detention report – December 2008, p 78.

[165] Australian Human Rights Commission, Immigration detention report – December 2008, p 77.

[166] Australian Human Rights Commission, Immigration detention report – December 2008, p 78.

[167] Australian Human Rights Commission, Immigration detention report – December 2008, p 78.

[168] National Legal Aid, submission 137, 24 October 2008, p 15; Uniting Church in Australia, submission 69, 27 August 2008, p 15.

[169] National Legal Aid, submission 137, 24 October 2008, p 15.

[170] Forum of Australian Services for Survivors of Trauma or Torture, submission 115, 27 August 2008, p 18; Australian Human Rights Commission (formerly the Human Rights and Equal Opportunity Commission), submission 99, 27 August 2008, p 34; Public Interest Advocacy Centre Ltd, submission 84, 27 August 2008, p 11; Federation of Ethnic Communities’ Councils of Australia, submission 71, 27 August 2008, p 5.

[171] Department of Immigration and Citizenship, submission 129w, 24 June 2009, p 20.

[172] Department of Immigration and Citizenship, submission 129w, 24 June 2009, p 20.

[173] Department of Immigration and Citizenship, submission 129w, 24 June 2009, p 20.

[174] Department of Immigration and Citizenship, submission 129w, 24 June 2009, p 20.

[175] Metcalfe A, Department of Immigration and Citizenship, Transcript of evidence, 18 March 2009, p 5.

[176] Department of Immigration and Citizenship, ‘Eligibility for Participation’, viewed on 26 May 2009 at http://www.immi.gov.au/managing-australias-borders/detention/facilities/about/rhcs.htm.

[177] Australian Human Rights Commission, Immigration detention report – December 2008, p 22.

[178] Australian Human Rights Commission, Immigration detention report – December 2008, p 22.

Chapter 3 Provision of services in detention facilities

[1] Australian National Audit Office, Audit Report No. 54 2003–04, Management of detention centre contracts - Part A, pp 11, 49.

[2] The Public Interest Advocacy Centre, Immigration detention in Australia: the loss of decency and humanity, Submission to the People’s Inquiry into Immigration Detention, 2006 p 5; Flood P, Report of Inquiry into Immigration Detention Procedures 2001 para 4.1; Bente Molenaar and Rodney Neufeld, ‘The Use of Privatised Detention Centers for Asylum Seekers in Australia and the UK’ in Andrew Coyle, Allison Campbell and Rodney Neufeld (eds) Capitalist Punishment: Prison Privatisation & Human Rights 2003, p 129.

[3] The Public Interest Advocacy Centre, Immigration detention in Australia: the loss of decency and humanity, Submission to the People’s Inquiry into Immigration Detention, 2006 p 5.

[4] Reserve Bank of Australia, Reserve Bank of Australia Bulletin, Privatisation in Australia (December 1997), p 1.

[5] NSW Parliamentary Library Research Service, ‘Privatisation of Prisons’, Background Paper No 3/04, viewed on 7 July 2009 at http://www.parliament.nsw.gov.au/prod/parlment/publications.nsf/0/ED4BA0B9D18C2546CA256EF9001B3ADA/$File/bg03-04.pdf.

[6] Australian National Audit Office, Audit Report No. 1, 2005-06, Management of detention centre contracts- Part B, p 11.

[7] Australian National Audit Office, Audit Report No.54 2003–04, Management of detention centre contracts- Part A, p 49.

[8] Australian National Audit Office, Audit Report No.54 2003–04, Management of detention centre contracts- Part A, p 46.

[9] Australian National Audit Office, Audit Report No.54 2003–04, Management of detention centre contracts- Part A, p 12.

[10] Human Rights and Equal Opportunity Commission, Immigration Detention Guidelines (March 2000), p 3.

[11] Department of Immigration and Multicultural and Indigenous Affairs, ‘Future Operation of Immigration Detention Services’, media release, 17 September 1997.

[12] The Public Interest Advocacy Centre, Immigration detention in Australia: the loss of decency and humanity, Submission to the People’s Inquiry into Immigration Detention, 2006, p 6.

[13] The Commonwealth Ombudsman may undertake an inquiry or investigation into a matter or systemic issue without receiving a specific complaint – thus ‘own motion’ investigation.

[14] Commonwealth Ombudsman, Report of Own Motion Investigation into the Department of Immigration and Multicultural Affairs Immigration Detention Centres (2001) p 2.

[15] Commonwealth Ombudsman, Report of Own Motion Investigation into the Department of Immigration and Multicultural Affairs Immigration Detention Centres (2001) p 2.

[16] Flood P, Report of Inquiry into Immigration Detention Procedures (2001).

[17] Flood P, Report of Inquiry into Immigration Detention Procedures (2001).

[18] The Public Interest Advocacy Centre, Immigration detention in Australia: the loss of decency and humanity, Submission to the People’s Inquiry into Immigration Detention (2006), p 6.

[19] Public Interest Advocacy Centre, submission 84, 27 August 2008, p 7.

[20] Human Rights and Equal Opportunity Commission, Immigration Detention Guidelines (March 2000), p 3.

[21] Australian Human Rights Commission, ‘Immigration Detention Guidelines (2000)’, viewed on 25 June 2009 at http://www.hreoc.gov.au/human_rights/immigration/idc_guidelines2000.html.

[22] Human Rights and Equal Opportunity Commission, Immigration Detention Guidelines (March 2000), pp 4-21.

[23] Department of Immigration and Citizenship, ‘Standard of Care’, viewed on 1 June 2009 at http://www.immi.gov.au/managing-australias-borders/detention/about/standard-of-care.htm.

[24] Australian Human Rights Commission, ‘A last resort?’, viewed on 24 June 2009 at http://www.hreoc.gov.au/HUMAN_RIGHTS/children_detention_report/summaryguide/4_facts.htm.

[25] Department of Immigration and Citizenship, submission 129, 11 September 2008, p 30.

[26] Senate Legal and Constitutional References Committee, Administration and operation of the Migration Act 1958 (March 2006), Parliament of the Commonwealth of Australia, p 214.

[27] Senate Legal and Constitutional References Committee, Administration and operation of the Migration Act 1958 (March 2006), Parliament of the Commonwealth of Australia, p 214.

[28] The Public Interest Advocacy Centre, Immigration detention in Australia: the loss of decency and humanity, Submission to the People’s Inquiry into Immigration Detention, 2006 p 5; Department of Immigration and Citizenship, submission 129, 11 September 2008, p 30.

[29] Department of Immigration and Citizenship, submission 129, 11 September 2008, p 130.

[30] Department of Immigration and Citizenship, submission 129, 11 September 2008, p 130.

[31] Department of Immigration and Citizenship, ‘Detention Services and Health Tenders’, viewed on 1 June 2009 at http://www.immi.gov.au/about/contracts-tenders-submissions/detention-services/.

[32] The Public Interest Advocacy Centre, Immigration detention in Australia: the loss of decency and humanity, Submission to the People’s Inquiry into Immigration Detention, 2006 p 6.

[33] Palmer MJ, Department of Immigration and Citizenship, Inquiry into the Circumstances of the Immigration Detention of Cornelia Rau (July 2005), p xiii.

[34] Palmer MJ, Department of Immigration and Citizenship, Inquiry into the Circumstances of the Immigration Detention of Cornelia Rau (July 2005), p 176.

[35] Roche M, Department of Immigration and Citizenship, Detention services contract review (2006); The Public Interest Advocacy Centre, submission 84, 27 August 2008, p 8.

[36] The Public Interest Advocacy Centre, submission 84, 27 August 2008, p 8.

[37] Department of Immigration and Citizenship, ‘Immigration detention services preferred tenderer announced’, media release, 31 March 2009.

[38] The Palmer Inquiry was opened to investigate the circumstances of an 11 month detention of Cornelia Rau, a German citizen holding Australian permanent residency, who was released from Baxter IDC into a psychiatric care facility. In particular, the recommendations of this report stated that a review of the GSL tender be undertaken with a view to identify where and how changes could be made. It also called for the creation of a Detention Contract Management group that would provide the DIAC with guidance on the direction on management of detention services.

[39] Roche M, Department of Immigration and Citizenship, Detention services contract review (2006), p 4.

[40] Department of Immigration and Citizenship, ‘Tender for new client focused detention service arrangements’, fact sheet viewed on 2 June 2009 at http://www.immi.gov.au/about/department/perf-progress/dima-improvements/_fact_sheets/Tender_for_New_Client_Focused_Detention_Service_Arrangements.pdf.

[41] Department of Immigration and Citizenship, ‘Tender for new client focused detention service arrangements’, fact sheet viewed on 2 June 2009 at http://www.immi.gov.au/about/department/perf-progress/dima-improvements/_fact_sheets/Tender_for_New_Client_Focused_Detention_Service_Arrangements.pdf.

[42] Department of Immigration and Citizenship, ‘Service Delivery Model’, viewed on 1 June 2009 at http://www.immi.gov.au/about/contracts-tenders-submissions/detention-services/service-delivery-model.htm.

[43] Department of Immigration and Citizenship, ‘Service Delivery Model’, viewed on 1 June 2009 at http://www.immi.gov.au/about/contracts-tenders-submissions/detention-services/service-delivery-model.htm.

[44] Department of Immigration and Citizenship, ‘Service Delivery Model’, viewed on 1 June 2009 at http://www.immi.gov.au/about/contracts-tenders-submissions/detention-services/service-delivery-model.htm.

[45] Department of Immigration and Citizenship, ‘Service Delivery Model’, viewed on 1 June 2009 at http://www.immi.gov.au/about/contracts-tenders-submissions/detention-services/service-delivery-model.htm.

[46] Department of Immigration and Citizenship, ‘Announcement re Requests for Tender’, viewed on 26 June 2009 at http://www.immi.gov.au/about/contracts-tenders-submissions/detention-services/_pdf/advert-13-14-april-2007.pdf.

[47] Department of Immigration and Citizenship, ‘Detention Services and Health Tenders’, viewed on 1 June 2009 at http://www.immi.gov.au/about/contracts-tenders-submissions/detention-services/.

[48] Department of Immigration and Citizenship, ‘Immigration detention services preferred tenderer announced’, media release, 31 March 2009.

[49] Department of Immigration and Citizenship, ‘Immigration health services contract finalised’, media release, 27 January 2009; Department of Immigration and Citizenship, ‘Immigration detention services preferred tenderer announced’, media release, 31 March 2009; Department of Immigration and Citizenship, ‘Immigration residential housing and transit accommodation preferred tenderer announced’, media release, 1 May 2009.

[50] The Age, ‘Labor breaks detention promise’, viewed on 4 June 2009 at http://www.theage.com.au/national/labor-breaks-detention-promise-20090119-7ku5.html.

[51] The Age, ‘Labor breaks detention promise’, viewed on 4 June 2009 at http://www.theage.com.au/national/labor-breaks-detention-promise-20090119-7ku5.html.

[52] Department of Immigration and Citizenship, ‘Immigration health services contract finalised’, media release, 27 January 2009.

[53] Department of Immigration and Citizenship, ‘Immigration health services contract finalised’, media release, 27 January 2009.

[54] Department of Immigration and Citizenship, ‘Immigration detention services preferred tenderer announced’, media release, 31 March 2009.

[55] Department of Immigration and Citizenship, ‘Immigration residential housing and transit accommodation preferred tenderer announced’, media release, 1 May 2009.

[56] Department of Immigration and Citizenship, ‘Services Provided at Immigration Detention Facilities’, viewed on 25 June 2009 at http://www.immi.gov.au/managing-australias-borders/detention/services/services-at-facilities.htm.

[57] Australian Human Rights Commission, Immigration detention report – December 2008, p 29.

[58] Australian Human Rights Commission, Immigration detention report – December 2008, pp 29-30.

[59] Australian Human Rights Commission, Immigration detention report – December 2008, p 31.

[60] Australian Human Rights Commission, Immigration detention report – December 2008, p 32.

[61] Department of Immigration and Citizenship, submission 129, 11 September 2008, p 31.

[62] Australian Human Rights Commission, Immigration detention report – December 2008, p 32.

[63] Australian Human Rights Commission, Immigration detention report – December 2008, p 36.

[64] Australian Human Rights Commission, Immigration detention report – December 2008, p 40.

[65] Department of Immigration and Citizenship, submission 129, 11 September 2008, p 31.

[66] Department of Immigration and Citizenship, submission 129, 11 September 2008, pp 19-20.

[67] Joint Standing Committee on Migration, Immigration detention in Australia: A new beginning – Community-based alternatives to detention (2009), Parliament of the Commonwealth of Australia, pp 36-37; Department of Immigration and Citizenship, submission 129, 11 September 2008, p 36.

[68] Department of Immigration and Citizenship, submission 129v, 17 June 2009, p 1.

[69] Department of Immigration and Citizenship, submission 129v, 17 June 2009, p 1.

[70] Department of Immigration and Citizenship, Inquiry into circumstances of the Immigration Detention of Cornelia Rau Report (July 2005), p 8.

[71] Department of Immigration and Citizenship, Detention Health Framework: A policy framework for health care for people in immigration detention (2007), p 8.

[72] Department of Immigration and Citizenship, ‘Detention Services and Health Tenders’, viewed on 1 June 2009 at http://www.immi.gov.au/about/contracts-tenders-submissions/detention-services/.

[73] Department of Immigration and Citizenship, ‘Immigration Detention Health Services’, viewed on 9 June 2009 at http://www.immi.gov.au/managing-australias-borders/detention/services/health-services.htm.

[74] Department of Immigration and Citizenship, ‘Immigration Detention Health Services’, viewed on 9 June 2009 at http://www.immi.gov.au/managing-australias-borders/detention/services/health-services.htm.

[75] Department of Immigration and Citizenship, ‘Immigration Detention Health Services’, viewed on 9 June 2009 at http://www.immi.gov.au/managing-australias-borders/detention/services/health-services.htm.

[76] Department of Immigration and Citizenship, Detention Health Framework: A policy framework for health care for people in immigration detention (2007), p 40.

[77] Department of Immigration and Citizenship, Detention Health Framework: A policy framework for health care for people in immigration detention (2007), pp 40-42.

[78] Department of Immigration and Citizenship, Detention Health Framework: A policy framework for health care for people in immigration detention (2007), p 43.

[79] Department of Immigration and Citizenship, Detention Health Framework: A policy framework for health care for people in immigration detention (2007), p 43.

[80] Department of Immigration and Citizenship, Detention Health Framework: A policy framework for health care for people in immigration detention (2007), p 44.

[81] Department of Immigration and Citizenship, Detention health framework: A policy framework for health care for people in immigration detention, p 45.

[82] Department of Immigration and Citizenship, ‘Immigration Detention Health Services’, viewed on 9 June 2009 at http://www.immi.gov.au/managing-australias-borders/detention/services/health-services.htm.

[83] Department of Immigration and Citizenship, ‘Immigration Detention Health Services’, viewed on 9 June 2009 at http://www.immi.gov.au/managing-australias-borders/detention/services/health-services.htm.

[84] Department of Immigration and Citizenship, ‘Immigration Detention Health Services’, viewed on 9 June 2009 at http://www.immi.gov.au/managing-australias-borders/detention/services/health-services.htm.

[85] Department of Immigration and Citizenship, ‘Immigration Detention Health Services’, viewed on 9 June 2009 at http://www.immi.gov.au/managing-australias-borders/detention/services/health-services.htm.

[86] Department of Immigration and Citizenship, Detention health framework: A policy framework for health care for people in immigration detention (2007), p 53.

[87] Department of Immigration and Citizenship, Detention health framework: A policy framework for health care for people in immigration detention (2007), p 83.

[88] Department of Immigration and Citizenship, Detention health framework: A policy framework for health care for people in immigration detention (2007), p 83.

[89] Department of Immigration and Citizenship, Detention health framework: A policy framework for health care for people in immigration detention (2007), p 83.

[90] Department of Immigration and Citizenship, Detention health framework: A policy framework for health care for people in immigration detention (2007), p 83.

[91] Department of Immigration and Citizenship, Detention health framework: A policy framework for health care for people in immigration detention (2007), p 83.

[92] Department of Immigration and Citizenship, Detention health framework: A policy framework for health care for people in immigration detention (2007), p 84.

[93] Department of Immigration and Citizenship, Detention health framework: A policy framework for health care for people in immigration detention (2007), p 84.

[94] Department of Immigration and Citizenship, Detention health framework: A policy framework for health care for people in immigration detention (2007), p 84.

[95] Department of Immigration and Citizenship, Detention health framework: A policy framework for health care for people in immigration detention (2007), p 84.

[96] Department of Immigration and Citizenship, Detention health framework: A policy framework for health care for people in immigration detention (2007), p 84.

[97] Department of Immigration and Citizenship, Detention health framework: A policy framework for health care for people in immigration detention (2007), p 84.

[98] Department of Immigration and Citizenship, Detention health framework: A policy framework for health care for people in immigration detention (2007), p 84.

[99] Department of Immigration and Citizenship, Detention health framework: A policy framework for health care for people in immigration detention (2007), p 84.

[100] Department of Immigration and Citizenship, Detention health framework: A policy framework for health care for people in immigration detention (2007), p 84.

[101] Department of Immigration and Citizenship, Detention health framework: A policy framework for health care for people in immigration detention (2007), p 85.

[102] Department of Immigration and Citizenship, Detention health framework: A policy framework for health care for people in immigration detention (2007), p 85.

[103] Department of Immigration and Citizenship, Detention health framework: A policy framework for health care for people in immigration detention (2007), p 85.

[104] Department of Immigration and Citizenship, Detention health framework: A policy framework for health care for people in immigration detention (2007), p 85.

[105] Department of Immigration and Citizenship, Detention health framework: A policy framework for health care for people in immigration detention (2007), p 85.

[106] Public Interest Advocacy Centre, submission 84, p 17.

[107] Public Interest Advocacy Centre, submission 84, p 17.

[108] A Just Australia, submission 89, 27 August 2008, p 18.

[109] Law Institute of Victoria, Liberty Victoria and The Justice Project, submission 127, 3 September 2008, p 24

[110] Flesch J, submission 12, 27 August 2008, p 2; Rural Australians for Refugees, submission 91, 27 August 2008, p 4.

[111] Rural Australians for Refugees, submission 91, 27 August 2008, p 4; Refugee Council of Australia, submission 120, 3 September 2008, p 4; Public Interest Advocacy Centre, submission 84, 27 August 2008, p 7.

[112] Australian Council of Heads of Schools of Social Work, submission 119, 3 September 2008, p 7.

[113] Brotherhood of St Laurence, submission 92, 27 August 2008, p 4.

[114] Public Interest Advocacy Centre, submission 84, 27 August 2008, p 4; Australian Council of Heads of Schools of Social Work, submission 119, 3 September 2008, p 7; Rural Australians for Refugees, submission 91, 27 August 2008, p 5.

[115] A Just Australia, submission 89, 27 August 2008, p 12.

[116] Public Interest Advocacy Centre, submission 84, 27 August 2008, p 18.

[117] Australian Human Rights Commission, submission 99, 27 August 2008, p 28; Gauthier K, A Just Australia, Transcript of evidence, 24 October 2008, p 14.

[118] Gauthier K, A Just Australia, Transcript of evidence, 24 October 2008, p 14.

[119] Public Interest Advocacy Centre, submission 84, 27 August 2008, pp 8-9.

[120] Nasu H, Zagor M, and Rice S, submission 76, 27 August 2008, p 4.

[121] Commonwealth Ombudsman, submission 126, 3 September 2008, p 24.

[122] Commonwealth Ombudsman, submission 126, 3 September 2008, p 25.

[123] NSW Service for the Treatment and Rehabilitation of Torture and Trauma Survivors, submission 108, 27 August 2008, p 18.

[124] Refugee council of Australia, Australia’s refugee and humanitarian program 2008-09, Community views on current challenges and future directions, 2008, p 46.

[125] Refugee Council of Australia, submission 120, 3 September 2008, p 4.

[126] Hotham Mission Asylum Seeker Project, submission 93, 27 August 2008, p 16.

[127] Coffey G and Thompson S, submission 128, 3 September 2008, p 7.

[128] Coffey G and Thompson S, submission 128, 3 September 2008, p 16.

[129] Coffey G and Thompson S, submission 128, 3 September 2008, p 18.

[130] Australian Federation of AIDS Organisations Inc., submission 94, 27 August 2008, p 1.

[131] Australian Psychological Society Ltd, submission 105, 27 August 2008, p 2.

[132] Refugee Council of Australia, Australia’s refugee and humanitarian program 2008-09, Community views on current challenges and future directions, 2008, p 46; Refugee and Asylum Seeker Health Network, submission pp 1-4; Australian Federation of Aids Organisations Inc, submission 94, 27 August 2008, pp 3-4.

[133] Forum of Australian Services for Survivors of Torture and Trauma, submission 115, 27 August 2008, p 13.

[134] Forum of Australian Services for Survivors of Torture and Trauma, submission 115, 27 August 2008, p 14.

[135] Metcalfe A, Department of Immigration and Citizenship, Transcript of evidence, 24 September 2008, p 11.

[136] Minas H, Detention Health Advisory Group, Transcript of evidence, 11 September 2008, p 43.

[137] Minas H, Detention Health Advisory Group, Transcript of evidence, 11 September 2008, p 40.

[138] Uniting Church in Australia, submission 69, 27 August 2008, p 14; Forum of Australian Services for Survivors of Torture and Trauma, submission 115, 27 August 2008, p 19; Amnesty International, submission 132, 17 September 2008, pp 11, 18.

[139] Australian Human Rights Commission, Immigration detention report – December 2008, p 73.

[140] Forum of Australian Services for Survivors of Torture and Trauma, submission 115, 27 August 2008, p 18; Australian Human Rights Commission, Immigration detention report – December 2008, p 73.

[141] Australian Human Rights Commission, Immigration detention report – December 2008, p 73.

[142] Australian Human Rights Commission, Immigration detention report – December 2008, p 73.

[143] Dimasi M, submission 52, 27 August 2008, p 5.

[144] Uniting Church in Australia, submission 69, 27 August 2008, p 14.

[145] Uniting Church in Australia, submission 69, 27 August 2008, p 14.

[146] Uniting Church in Australia, submission 69, 27 August 2008, pp 14-15.

[147] Lovitt P, submission 3, 27 August 2008, p 8.

[148] Australian Human Rights Commission, Immigration detention report – December 2008, p 52.

[149] Australian Human Rights Commission, Immigration detention report – December 2008, p 6.

[150] Monash University and Victorian Institute of Forensic Mental Health, Centre for Forensic Behavioural Science, Final Report, Review of suicide and self harm instrument and protocol, Prepared for Department of Immigration and Citizenship, 2008, p 6.

[151] NSW Service for the Treatment and Rehabilitation of Torture and Trauma Survivors, submission 128, 3 September 2008, p 21.

[152] Blue Mountains Refugee Support Group, submission 1, 27 August 2008, p 1; Lovitt P, submission 3, 27 August 2008, p 8; Bridge for Asylum Seekers Foundation, submission 5, 27 August 2008, p 2; Bishop I, submission 8, 27 August 2008, p 1; Wallace A, submission 13, 27 August 2008, p 10; Gannon S, submission 22, 27 August 2008, p 3; NetAct, submission 27, 27 August 2008, p 4; The Migrant Health Service, submission 33, 27 August 2008, p 4; Walker L, submission 66, 27 August 2008, p 6; Australian Human Rights Commission, submission 99, 27 August 2008, p 9; NSW Service for the Treatment and Rehabilitation of Torture and Trauma Survivors, submission 108, 27 August 2008, p 18.

[153] Uniting Church in Australia, submission 69, 27 August 2008, p 15; Brotherhood of St. Laurence, submission 92, 27 August 2008, p 22; Centre for Human Rights Education, submission 98, 27 August 2008, p 7; NSW Service for the Treatment and Rehabilitation of Torture and Trauma Survivors, submission 108, 27 August 2008, p 18; Forum of Australian Services for Survivors of Torture and Trauma, submission 115, 27 August 2008, p 31; Refugee Council of Australia, submission 120, 3 September 2008, p 10.

[154] Eggins, N L, submission 2, 27 August 2008, p 1; Labor For Refugees (New South Wales), submission 55, 27 August 2008, p 3; NSW Service for the Treatment and Rehabilitation of Torture and Trauma Survivors, submission 108, 27 August 2008, p 22; The Justice Project Inc., submission 127, 3 September 2008, p 33; Petersen M and Gould N, submission 138, 26 November 2008, p 4.

[155] Australian Human Rights Commission, submission 99, 27 August 2008, p 41.

[156] Department of Immigration and Citizenship, ‘Service Delivery Model’, viewed on 1 June 2009 at http://www.immi.gov.au/about/contracts-tenders-submissions/detention-services/service-delivery-model.htm.

[157] Australian Human Rights Commission, Immigration detention report – December 2008, p 73.

[158] Australian Human Rights Commission, Immigration detention report – December 2008, p 73.

Chapter 4 Transparency and visibility — immigration detention facilities

[1] Joint Standing Committee on Migration, Immigration detention in Australia: A new beginning – Criteria for release from immigration detention (2008), chapter 4 and its dissenting report.

[2] Joint Standing Committee on Migration, Immigration detention in Australia: A new beginning – Criteria for release from immigration detention (2008), chapter 5.

[3] Joint Standing Committee on Migration, Immigration detention in Australia: Community-based alternatives to detention (2009), chapter 4.

[4] Australian Human Rights Commission, ‘About the commission’, viewed on 4 June 2008 at http://www.hreoc.gov.au/about/index.html.

[5] Australian Human Rights Commission, Annual Report 2007-08 (2008), p 8.

[6] Australian Human Rights Commission, Immigration detention report – December 2008, p 16.

[7] Australian Human Rights Commission, Immigration detention report – December 2008, p 16.

[8] Australian Human Rights Commission, submission 99, 27 August 2008, p 30.

[9] Australian Human Rights Commission, Immigration detention report – December 2008, p 18.

[10] Ozdowski S, submission 58, 27 August 2008, p 27.

[11] Department of Immigration and Citizenship, ‘The Immigration Detention Advisory Group (IDAG)’, viewed on 4 June 2009 at http://www.immi.gov.au/managing-australias-borders/detention/regulations/idag.htm.

[12] Department of Immigration and Citizenship, ‘DIMA Annual Report 2000-01’, viewed on 8 July 2009 at http://www.immi.gov.au/about/reports/annual/2000-01/report19.htm.

[13] Immigration Detention Advisory Group, submission 62, Appendix A, 27 August 2008, p 12.

[14] Immigration Detention Advisory Group, submission 62, 27 August 2008, p. 3.

[15] Department of Immigration and Citizenship, ‘Purpose and Operations of the Immigration Detention Advisory Group (IDAG)’, viewed on 4 June 2009 at http://www.immi.gov.au/managing-australias-borders/detention/regulations/idag-purpose.htm.

[16] Department of Immigration and Citizenship, ‘Purpose and Operations of the Immigration Detention Advisory Group (IDAG)’, viewed on 4 June 2009 at http://www.immi.gov.au/managing-australias-borders/detention/regulations/idag-purpose.htm.

[17] Department of Immigration and Citizenship, ‘Purpose and Operations of the Immigration Detention Advisory Group (IDAG)’, viewed on 4 June 2009 at http://www.immi.gov.au/managing-australias-borders/detention/regulations/idag-purpose.htm.

[18] Immigration Detention Advisory Group, submission 62, 27 August 2008, p 3.

[19] Department of Immigration and Citizenship, ‘Detention Health Advisory Group (DeHAG)’, viewed on 4 June 2009 at http://www.immi.gov.au/managing-australias-borders/detention/services/dehag.htm.

[20] Detention Health Advisory Group, Report Against 2006-07 Work Program (2007), p 1.

[21] Department of Immigration and Citizenship, ‘Detention Health Advisory Group (DeHAG)’, viewed on 4 June 2009 at http://www.immi.gov.au/managing-australias-borders/detention/services/dehag.htm.

[22] Detention Health Advisory Group, Report Against 2006-07 Work Program (2007), Appendix 2, p 12.

[23] Department of Immigration and Citizenship, ‘Detention Health Advisory Group (DeHAG)’, viewed on 4 June 2009 at http://www.immi.gov.au/managing-australias-borders/detention/services/dehag.htm.

[24] Commonwealth Ombudsman, submission 126, 3 September 2008, p 1.

[25] Commonwealth Ombudsman, submission 126, 3 September 2008, p 1.

[26] Commonwealth Ombudsman, submission 126, 3 September 2008, p 1.

[27] Joint Standing Committee on Migration, Immigration detention in Australia: A new beginning – Criteria for release from immigration detention (2008), Chapter 4.

[28] Commonwealth Ombudsman, submission 126, 3 September 2008, p 1.

[29] Commonwealth Ombudsman, submission 126, 3 September 2008, p 2.

[30] Commonwealth Ombudsman, submission 126, 3 September 2008, p 2.

[31] Commonwealth Ombudsman, submission 126, 3 September 2008, p 3.

[32] United Nations High Commissioner for Refugees, ‘Basic Facts’, viewed on 5 June 2009 at http://www.unhcr.org.au/basicfacts.shtml.

[33] United Nations High Commissioner for Refugees, ‘Basic Obligations’, viewed on 5 June 2009 at http://www.unhcr.org.au/basicoblig.shtml.

[34] United Nations High Commissioner for Refugees, ‘Basic Obligations’, viewed on 5 June 2009 at http://www.unhcr.org.au/basicoblig.shtml.

[35] United Nations High Commissioner for Refugees, ‘About Us’, viewed on 5 June 2009 at http://www.unhcr.org.au/aboutus.shtml.

[36] Australian Human Rights Commission, submission 99, 27 August 2008, p 46.

[37] United Nations Human Rights Committee, ‘Introduction to the Human Rights Committee’, viewed on 5 June 2009 at http://www.unhchr.ch/html/menu2/6/a/introhrc.htm.

[38] United Nations Human Rights Committee, ‘Introduction to the Human Rights Committee’, viewed on 5 June 2009 at http://www.unhchr.ch/html/menu2/6/a/introhrc.htm.

[39] Attorney-General’s Department, submission 61, 27 August 2008, p 2.

[40] Department of Foreign Affairs and Trade, ‘Treaties and Treaty Making’, viewed on 5 June 2009 at http://www.dfat.gov.au/treaties/making/making3.html.

[41] Department of Foreign Affairs and Trade, ‘Treaties and Treaty Making’, viewed on 5 June 2009 at http://www.dfat.gov.au/treaties/making/making3.html.

[42] The Hon Robert McClelland MP, Attorney-General, ‘Australia takes action against torture’, media release, 22 May 2009.

[43] Australian Human Rights Commission, ‘Implementing the Optional Protocol to the Convention against Torture: Options for Australia’, viewed on 8 July 2009 at http://www.humanrights.gov.au/human_rights/publications/opcat/index.html.

[44] Department of Immigration and Citizenship, ‘External Scrutiny of Immigration Detention Services’, viewed on 4 June 2009 at http://www.immi.gov.au/managing-australias-borders/detention/regulations/external-scrutiny.htm.

[45] National Human Rights Consultation, ‘Welcome to the National Human Rights Consultation website’, viewed on 8 July 2009 at http://www.humanrightsconsultation.gov.au/www/nhrcc/nhrcc.nsf.

[46] Australian Human Rights Commission, ‘Implementing the Optional Protocol to the Convention against Torture : Options for Australia’, viewed on 8 July 2009 at http://www.humanrights.gov.au/human_rights/publications/opcat/index.html.

[47] Department of Immigration and Citizenship, submission 129, 11 September 2008, p 15.

[48] Briskman L, Human Rights Education, Centre for Human Rights Education, Transcript of evidence, 9 October 2008, p 19.

[49] Briskman L, Human Rights Education, Centre for Human Rights Education, Transcript of evidence, 9 October 2008, p 20.

[50] Lillywhite S, Brotherhood of St Laurence, Transcript of evidence, 11 September 2008, p 65.

[51] A Just Australia, submission 89, 27 August 2008, p 12.

[52] Nash C, Refugee Council of Australia, Transcript of evidence, 4 February 2009, p 3.

[53] Refugee Advice and Casework Service (Australia) Inc., submission 25, 27 August 2008, p 2.

[54] Refugee Advice and Casework Service (Australia) Inc., submission 25, 27 August 2008, p 2.

[55] Australian Federation of AIDS Organisations Inc., submission 94, 27 August 2008, pp 3-4; A Just Australia, submission 89, 27 August 2008, p 12; Rural Australians for Refugees, submission 88, 27 August 2008, p 3; Public Interest Advocacy Centre Ltd, submission 84, 27 August 2008, p 7; Human Rights Council of Australia, submission 80, 27 August 2008, p 7.

[56] Human Rights Council of Australia, submission 80, 27 August 2008, p 7.

[57] The Forum of Australian Services for Survivors of Torture and Trauma, submission 115, 27 August 2008, p 13.

[58] Mercy Refugee Service a Programme of Mercy Works Inc., submission 31, 27 August 2008, p 2.

[59] Department of Immigration and Citizenship, ‘Statistics’, viewed on 8 July 2009 at http://www.immi.gov.au/managing-australias-borders/detention/facilities/statistics/.

[60] New South Wales Young Lawyers Human Rights Committee, submission 56, 27 August 2008, p 11.

[61] New South Wales Young Lawyers Human Rights Committee, submission 56, 27 August 2008, p 11.

[62] Department of Immigration and Citizenship, submission 129e, 26 November 2008, p 3.

[63] Department of Immigration and Citizenship, submission 129e, 26 November 2008, p 3.

[64] A Just Australia, submission 89, 27 August 2008, p 15.

[65] Gauthier K, A Just Australia, Transcript of evidence, 24 October 2008, p 14.

[66] Smit J, Project SafeCom Inc., Transcript of evidence, 9 October 2008, p 34.

[67] Migrant Health Service, submission 33, 27 August 2008, p 2.

[68] The Justice Project Inc., submission 127, 3 September 2008, p 9; Get Up!, submission 124, 3 September 2008, p 7; The International Coalition on Detention of Refugees, submission 109, 27 August 2008, p 21; Asylum Seekers and Migrants; Rural Australians for Refugees, submission 88, 27 August 2008, p 3; Refugee Advice and Casework Service (Australia) Inc., submission 25, 27 August 2008, p 2; The New South Wales Young Lawyers Human Rights Committee, submission 56, 27 August 2008, p 10.

[69] The Parliamentary media liaison office also supports the work of all committees supported by the Department of the House of Representatives.

Dissenting Report by Mr Petro Georgiou MP

[1] DIAC, Immigration Detention Statistics Summary, as at 3 July 2009 http://www.immi.gov.au/managing-australias-borders/detention/_pdf/immigration-detention-statistics-20090703.pdf - accessed 4 August 2009.

[2] Paragraphs 2.156 and 2.172.

[3] Australian Human Rights Commission, 2008 Immigration Detention Report – Summary of Observations Following Visits to Australia’s Immigration Detention Facilities, pp. 60, 62, 82. See discussion of IRH in the Committee’s third report at paragraphs 2.148-2.177 where the AHRC’s concerns regarding children are not mentioned. Regarding ITA, see paragraphs 2.178-2.202.

[4] Human Rights and Equal Opportunity Commission, submission 99, p 37.

[5] Australian Human Rights Commission, 2008 Immigration Detention Report, p 82.

[6] Ibid, p 63.

[7] Paragraph 2.201.

[8] Australian Human Rights Commission, 2008 Immigration Detention Report, pp. 63, 82. Additionally, the Australian Human Rights Commission was concerned that ITA, a facility that is intended for very short stays, were increasingly being used for longer periods of time (ibid, p. 63). At paragraph 2.186, the Committee’s third report cites DIAC figures indicating that the length of stay for those detained at the Melbourne ITA ranged from between one week to between six and 12 months. This length of stay is entirely inappropriate for ITA.

[9] Paragraph 2.123. The report adds that “The length of time of those detained ranged from one week to between one and three months” (paragraph 2.124) but does not specify how long these children have been detained.

[10] Paragraph 2.129.

[11] Paragraphs 2. 117 and 2.119.

[12] Paragraph 2.127.

[13] Paragraph 2.115.

[14] Australian Human Rights Commission, 2008 Immigration Detention Report, p 84.

[15] Ibid, p. 85.

[16] Senator the Hon Chris Evans, “New Directions in Detention - Restoring Integrity to Australia’s Immigration System”, 29 July 2008.

[17] Palmer, MJ, Inquiry into the Circumstances of the Immigration Detention of Cornelia Rau, July 2005, p 153.

[18] Ibid, recommendation 6.11, p xxx.

[19] Ibid, p 154.

[20] Ibid, recommendation 6.11, p xxx.

[21] Hearing 17 September 2008 p 15.

[22] Hearing 17 September 2009, p 16.

[23] Hearing 24 September 2008 p. 11.

[24] Hearing 11 September 2008 p 43.

[25] Ibid.

[26] Ibid, p. 40.

[27] “New Directions in Detention – Restoring Integrity to Australia’s Immigration System,” 29 July 2008.

Dissenting Report by Senator Sarah Hanson‑Young

[1] A Just Australia, Submission No.89, http://www.aph.gov.au/house/committee/mig/detention/subs/sub089.pdf.

[2] Committee Hansard, http://www.aph.gov.au/hansard/joint/commttee/J11139.pdf, 09/10/08, p.7.

[3] SCALES, submission 103, http://www.aph.gov.au/house/committee/mig/detention/subs/sub103.pdf, p.15.

[4] The Refugee Council of Australia, submission 120, http://www.aph.gov.au/house/committee/mig/detention/subs/sub120.pdf, p.7.

[5] Australian Human Rights Commission, Immigration Detention Report – December 2008, p.77.

[6] Committee Hansard http://www.aph.gov.au/hansard/joint/commttee/J11140.pdf, 24/10/08, p.10.

[7] Committee Hansard http://www.aph.gov.au/hansard/joint/commttee/J11140.pdf, 24/10/08, p.19.

[8] Section 5 of the Migration Act 1958 defines immigration detention as being: “(a) in the company of, and restrained by an officer “. For full definition of immigration detention see Section 5, p.11.

[9] Committee Hansard, http://www.aph.gov.au/hansard/joint/commttee/J11138.pdf, 11/09/08, p.12.

[10] A Just Australia, Submission No.89, http://www.aph.gov.au/house/committee/mig/detention/subs/sub089.pdf.

[11] The International Coalition on Detention of Refugees, Submission No. 109, http://www.aph.gov.au/house/committee/mig/detention/subs/sub109.pdf.

[12] The Justice Project Inc., Submission No.127, http://www.aph.gov.au/house/committee/mig/detention/subs/sub127.pdf.

[13] “New Directions in Detention – Restoring Integrity to Australia’s Immigration System,” 29 July 2008.