Ombudsman releases Immigration detention reports
The Acting Commonwealth Ombudsman today released reports into two own motion investigations relating to Immigration Detention Centres (IDCs) and immigration detainees held in state correctional institutions.
Immigration Detention Centres
The investigation into IDCs was commenced following complaints made to the Ombudsman’s office as well as a number of reported incidents including escapes and allegations of assault on detainees.
The Acting Ombudsman, Mr Oliver Winder, said: ‘My investigation revealed evidence at every IDC of self-harm, damage to property, fights and assaults, which suggested that there were systemic deficiencies in the management of detainees’.
Mr Winder said: ‘These observations raised serious concerns abut the standard of care being provided to detainees. My report makes several recommendations designed to improve the standard of care in IDCs, particularly in respect of women and children, and also includes recommendations in relation to the culture and training of Australasian Correctional Management staff.’
‘The Office has made extensive inquiries, commencing in September 1999, including visiting all centres. My officers were able to examine files and manuals and to see first hand the conditions and protocols under which unauthorised non-citizens were detained. They were provided with statements from credible people at the centres and other credible witnesses. The evidence considered ranged from the first hand experiences of ACM and DIMA staff, those providing services at centres including nurses, to other involved organisations and individuals, and included some detainees.’
Mr Winder added that the Office had separately commenced an own motion investigation into the management and follow up of IDC Incident Reports in the light of the number and nature of those made over the last 18 months.
The IDC investigation was not restricted to the Woomera IDC or the more limited terms of reference of the Flood inquiry. Although the Office cooperated fully with Mr Flood AO, the Ombudsman’s investigations and recommendations which go to the on-going management of IDCs have been totally independent of his inquiry.
Mr Winder welcomed the Department of Immigration and Multicultural Affairs’ advice of improvements to conditions in IDCs since July 2000 and the Minister’s recent announcement of initiatives in respect of women and children.
Immigration Detainees held in State Correctional Facilities
This report examines the administrative detention of individuals in prisons under the Migration Act 1958. The main issues considered are the grounds for holding immigration detainees in prisons and whether the policies and procedures established by DIMA, at least partly in response to this Office’s 1995 report concerning the transfer of immigration detainees to State prisons, are being followed in practice.
The report also focuses on asylum seekers transferred to prisons by DIMA due to their behaviour in immigration detention centres and on immigration detainees held in prisons following their completion of a custodial sentence and pending deportation from Australia.
Mr Winder said that the investigation raised concerns about the use of penal institutions as places for immigration detention other than where serious criminal behaviour was involved. Immigration detainees’ welfare had not always been adequately monitored by the Department of Immigration and Multicultural Affairs.
Mr Winder said that the report made recommendations about the administration of detainees in State correctional institutions including that formal agreements with state authorities should be finalised as soon as possible to ensure that appropriate accountability, processes and standards of care were in place. Reports are available on this website
Media Contact
John Taylor
Phone – 02 6276 0111
Email – ombudsman@ombudsman.gov.au
Date of release: 2 March 2001