Summary of Observations following the Inspection of Mainland Immigration Detention Facilities 2007

by the Human Rights Commissioner and staff of the Australian Human Rights Commission (the Commission). These summary notes and recommendations are

based on what we personally observed and heard from staff and detainees during

Department of Immigration and Citizenship (DIAC), and the private contractors

involved in detention centre services (GSL), to see an advance copy of this

summary. They have also been provided an opportunity to respond to our

we commented on the improvement in approach and attitude of DIAC and GSL staff

running immigration detention centres. In general, these improvements in

substantial improvements made at the Northern Immigration Detention Centre

(NIDC). Many of the problems raised by the Commission in 2006 had been corrected by the

physical environment and roll out much-needed refurbishments and renovations in

Detention Centre (MIDC) create a much brighter and more pleasant environment.

The quality of accommodation at Sydney Immigration Residential Housing (SIRH)

and the new Perth Immigration Residential Housing (PIRH) is also

facilities has been improved, with reasonable access for most detainees in

detention, with the exception of NIDC. We hope that the roll-out of internet

facilities continues, including in the Immigration Residential Housing

been no improvements to Stage 1 of Villawood Immigration Detention Centre

(VIDC). It remains the most prison-like of all facilities and it houses some of

the most long-term detainees. In our previous report we recommended that Stage 1

excursions programs, which we praised highly at certain centres in our last

report, have been scaled back at all facilities, both in numbers and variety.

NIDC is the exception. While we acknowledge that NIDC currently holds a

different detainee population to other facilities, it is clear that the external

excursions program has greatly reduced tension within that centre and reduced

health and mental health complaints among detainees. In contrast, the suspension

of excursions in VIDC has led to substantial detainee unrest and

held in detention for too long. The IRHs, residence determinations and bridging

visas should be used more readily to help alleviate the serious health and

mental health issues which often arise from long term detention. It is

especially concerning that detainees themselves seem unaware of their various

options for placement under the Client Placement Model, and their rights to

within each of the detention facilities. A comprehensive list of recommendations

facilities is to monitor the conditions of immigration detention in Australia

for compliance with internationally-recognised human rights

detention facilities, the Commission undertakes a range of activities aimed at ensuring

Australia meets its obligations to people in immigration detention. Information

who had been, in community detention (under residence determinations) in

on Christmas Island. The Commission did not visit the Christmas Island facility due to

the small numbers of detainees. In the event that there are a significant number

of detainees on Christmas Island in the future, the Commission will contact DIAC to

the Pacific island of Nauru. Under the previous government’s so-called

‘Pacific Solution’, unauthorised arrivals who arrive in

Australia’s ‘excised territories’ may be sent to the Offshore

Processing Centre on Nauru and kept there while their claims for protection are

assessed. In May 2007, the Human Rights Commissioner wrote to the former

Minister for Immigration and Citizenship requesting assistance in facilitating a

visit to Nauru’s Offshore Processing Centre. The Minister declined to

statistics to help Commission staff get a sense of the numbers and demographics of

noted in the 2006 summary of observations, remained evident during our visits in

2007. DIAC and GSL staff appear open to requests, suggestions and concerns

detainees about their treatment by detention staff. While there were a few

complaints about the attitudes of individual staff members, most detainees we

spoke to had no complaint about their treatment by GSL and DIAC staff

immigration detention facilities, the fundamental problems with immigration

detention has not changed for detainees – namely, the length of detention

utilised, the majority of detainees are still held in detention centres, some of

them for years. For example, statistics provided to us by DIAC on 27 July 2007

show that of 231 immigration detainees at the VIDCC, 77 people had been in

depression at the length of time they had been detained. It is inevitable that

this fact, combined with uncertainty of an outcome, leads to mental health

problems. As we mentioned in our 2006 summary of inspections, it does not take

alternatives to detention in immigration detention centres. A small, but

significant, number of detainees are able to access these alternative forms of

detention. Of these alternatives, the Commission was able to visit the IRH centres, one

Immigration Transitional Accommodation facility, a small selection of people on

Residence Determination arrangements, as well as some juveniles held in

to provide family-style housing where detainees can experience greater autonomy.

Detainees can prepare and cook their own food and make shopping trips and other

people detained at SIRH (14 August 2007) and four people at PIRH (18 September

two mirror-image homes. One side of the house has one double bedroom, storage

area, bathroom and dining/living area. The other side has two bedrooms, a

bathroom and dining/living area. The two sides share a common kitchen. They also

share an outside ‘garage’ area where visitors are allowed to meet

kitchen area is a little cramped. The houses face a long garden strip with a

playground, newly planted trees and an open double garage with couches, TV, ping

in order to accommodate different needs, there are usually fewer people

common courtyard and garden area. Each house has five bedrooms, which can

accommodate up to ten people altogether, although much fewer detainees are

usually accommodated there. The bedrooms surround two living areas and a very

outlook onto the garden. The houses are situated in a regular suburban street,

than detention centres. Detainees we spoke to in the two IRHs were much happier

in these facilities than the detention centres, due to the greater freedom,

still detention facilities. People are not free to come and go as they please,

and must be accompanied by detention staff when they visit external

aim to provide temporary accommodation to people who will be spending a short

time in detention or are a low security risk before they are transferred to

facility. However, since its opening two weeks previously, 13 detainees had been

detained at the ITA. These were all short term detainees, made up of airport

arrivals, visa overstayers and a number of people whose visas had been cancelled

under s501 of the Migration Act 1958 (the Act), in transition to other

initial seven days, and a total of fourteen days maximum. Detainees who are s501

each with five rooms (most with two beds) with ensuites, a kitchen/dining/living

medium height, similar to a pool fence, with infra red line alarm system. The

facility is low-security. Only two GSL officers are regularly stationed day and

night at the centre. Detainees receive key cards to access their bedrooms, with

large outdoor spaces including a new basketball court, DVDs and internet

facility for transitional accommodation. The Commission will monitor detainee conditions

at the ITA during the course of our routine inspections, when the ITAs have

ITA in Melbourne will accommodate up to 30 people and construction is due to be

in private houses, hospitals, motels, correctional facilities, watch houses,

apartments and foster care. Detainees in alternative detention must be

supervised by a ‘designated person’. DIAC statistics show that there

were 21 people (16 men, four women and one child) in alternative detention as at

Indonesian juveniles and one minder/adult detainee in alternative detention in

Darwin. They are held at a Darwin motel during their short period of detention

the power to make a ‘residence determination’ for individual

residence determination arrangements were primarily conceived to remove children

and families from the inappropriate detention environment. However, residence

determinations (three families with children and two individuals), and one

unaccompanied minor who had been recently subject to a residence determination.

The Commission also spoke to DIAC staff about the arrangements under residence

live unsupervised in the community. However, detainees are required to abide by

a standard set of conditions. Generally they must live at a specified address

and report to DIAC regularly. They cannot engage in paid work. These conditions

provide primary community and welfare support for people on residence

determinations. This includes accommodation, schooling for children, child care

rents apartments or houses for detainees on behalf of DIAC. ARC attempts to

situate the detainees in locations which are familiar or close to community

contacts. While it is not easy to find the right accommodation, all detainees we

ARC also provides detainees with

a living allowance, which is transferred automatically into a bank account for

the detainee to access as needed. The detainees pay for basic living expenses

such as food, electricity and phone bills, out of their living allowance.

Detainees reported that the living allowance was satisfactory, although it was

not sufficient for bigger purchases such as televisions. Most detainees had

Detainees were satisfied with

their access to physical and mental health services. Detainees do not have

access to Medicare. However, their medical expenses are paid for by ARC. In one

case ARC helped to arrange medical requirements necessary for the birth of a

spoke to were happy with their living arrangements. They also reported that ARC

staff were helpful and looked after their

we spoke to said that residence determinations were significantly better than

being detained in IDCs or IRHs. Most important was the opportunity to engage in

community life, the ability to provide a normal living environment for their

community detention. They are able to attend school and engage in community life

along with their parents. Although it appears that children, like their parents,

cannot travel and cannot have other children stay at their houses without DIAC

permission, in most other respects they are able to lead a normal

detention, then residence determinations are the best of the alternative

detention arrangements. This is because residence determinations offer freedom

to engage in the community and provide relative autonomy to the individuals in

spoke to with the conditions of residence determinations, there were some common

for residence determinations are specified under draft Guidelines on the

Minister’s Detention Intervention Powers (Sections 197AB and 195A of the

Act). The Commission commented on a draft of these Guidelines in March 2006. The Draft

Guidelines are still awaiting finalisation. In the meantime, the Draft

Guidelines guide DIAC’s assessment of individual cases for referral to the

detainee may be referred to the Minister for residence determination. These

received residence determinations have been families with children and

unaccompanied minors. As at 31 October 2007, there were 48 people living in the

community on residence determinations, of which 21 were children with their

residence determination for special needs, torture and trauma issues or

would benefit greatly from a residence determination. In some cases this may

exercise of the Minister’s discretion in these cases, the Commission thinks that

these criteria unduly restrict the ability of DIAC to refer adults for residence

determination. It is unclear why the circumstances for the exercise of the

discretion need to be ‘unique’ or ‘exceptional

assessed at entry point, and throughout their detention, for placement in an

appropriate detention setting. That is, whether to place them in a particular

detention centre, an ITA, an IRH, alternative detention or refer them for

residence determination. The initial placement form includes questions on a

range of factors such as mental and physical health, community support,

immigration pathway, criminal background and family contacts. These are taken

into account in assessing the risk of each detainee and the appropriate

placement. Client placement also takes into account operational

should be reviewed within 48 hours. Following this initial assessment there is

also review within a week, and then quarterly unless there is a

‘trigger’. A ‘trigger’ can come from a variety of

happen against a detainee’s wish unless the placement is a result of

education of detainees about the Client Placement Model because it is still in

Client Placement Model works well and ensures that a range of factors are

considered in the placement of a detainee, and in reviews of detainee

children were released from immigration detention facilities, either on bridging

visas or on residence determinations. The Commission welcomed these amendments, which

have allowed most families with children in detention to be accommodated within

families are still detained in the IRHs and in alternative detention for varying

periods of time. Further, children and families on residence determinations are

still in immigration detention as defined under the Act, and must meet any

conditions of their particular residence determination. The power to make a

residence determination for a child and their family lies with the Minister

been in detention in an IRH. While in some cases there appears to have been

speedy action to release a child into community detention, or onto a visa, there

who had previously been living in the community without visas, was detained in

an IRH for two months before they were given a residence determination. The

father told us that he had been concerned about the effect of the detention on

his daughter, who was distressed at being surrounded by strangers. His wife was

with the detention arrangements in Darwin for Indonesian juveniles found on

changes to accommodate these children better during their period of detention in

recommendations appear to have been implemented by the time of our visit on 8-9

accommodated at a Darwin motel at night time, but otherwise spent all their

meals and waking hours inside the detention centre without any special programs

of detention for the juveniles, in the community, and provide them with special

for detaining juveniles found on illegal fishing boats. However, juvenile

detainees are now kept at the motel throughout the day as well as the night, and

are provided with special activities on and off-site. Nine motel rooms are

booked by DIAC on a permanent basis. The rooms are in a corner of the motel and

there is an outdoor area available for them all to sit. They have rearranged the

rooms so that there are four single beds to a motel room. Generally, juveniles

recreation room with a TV, Xbox, games etc (ie no beds). A second motel room has

NIDC with child welfare qualifications, which is of concern when a number of

adult ‘minders’ amongst the detainees, based on relationships that

they already have with crew members on the fishing boat. These

‘minders’ were to stay with juveniles at a Darwin motel. However,

without an officer or staff member with special training in child welfare, we

were concerned about the proper safeguards for children to be cared for in the

and qualifications is employed at the motel five days a week (9am-5pm), and

conducting a Minor and Minder Identity Interview (CS4.00: Minor and Minder

Identity Interview). This interview is to determine whether a

‘minder’ nominated by Customs is the appropriate person to continue

suitable ‘minder’ for a juvenile. However, the guidelines do not

make it clear who conducts the interviews of minders and minors. The Commission suggests

that those with child welfare or child psychology experience may be best

any coordination with the Northern Territory child welfare agency for

DIAC and GSL have organised a full activities schedule for the juveniles. The

young people can go out, voluntarily, at least once a day on some type of

excursion or activity. These are arranged for juveniles only. Each Wednesday the

excursions overlap with adult detainee activities, so as to provide

opportunities for young people to meet with other crew members outside the

Botanic Gardens, bush walking, city bus tours, Crocodylus Park, Indoor Soccer,

board games, craft items, DVDs, playstations and playstation games and the use

of sports equipment. The Youth Officer has just obtained his Bronze Medallion,

which means that he can also supervise the juveniles in the motel swimming

NIDC, including the motel, is on sports and recreational activities rather than

educational activities, as removal of Indonesian fisher people is sought as soon

unaccompanied minor in Sydney who had recently been released from community

residence determination within two weeks of his arrival, following two weeks

meeting, the unaccompanied minor was unaware of any contact with state child

welfare agencies, either prior to his release, or following his release onto a

Temporary Protection Visa. This was of particular concern as he had decided to

move to WA with very limited English and few contacts in Perth. We later heard

coordination and clarification of the roles and responsibilities of DIAC and

state child welfare authorities for unaccompanied minors in community or

alternative detention. The role of state welfare agencies needs to be clarified,

(MOUs) with South Australian and Western Australian welfare agencies, covering

guardianship responsibilities for unaccompanied minors in detention. However, a

smaller number of unaccompanied minors have also been placed into alternative

detention in NSW, Victoria and NT. There do not seem to be any other completed

formalised arrangements for guardianship and care of unaccompanied minors in

other states. Further, the Commission is unsure whether residence determinations are

continue to have an impact on the mental health of detainees. It is still not

possible to properly treat the mental health problems suffered by most

immigration detainees. This is because the main way to treat a mental health

concern is to remove the primary cause of the problem. In the case of

immigration detainees, detention and uncertainty are amongst the main causes and

they cannot usually be addressed by the mental health

observations, is still in operation at all the centres in 2007. The SASH system

provides a close monitoring mechanism for people at risk of self-harm or

observed by detention officers constantly while those at less risk are monitored

less closely. The detention officers on ‘SASH-watch’ must fill out

log sheets which report their observations of the detainees at specific time

periods. Those logs are used by mental health teams to assess the need for

therapeutic intervention. The mental health services also train detention

– especially for high risk detainees – differs by centre, in general

those who are deemed in need of constant observation (maintaining visual contact

with the detainee) are transferred into observation rooms or specialised units

for that purpose. The ‘observation’ areas differ by

C, with access to a private courtyard and a small day room, so that detainees

can move out of the rooms. We were told that the rooms have been used about six

times in the past 12 months, for management purposes as well as for constant

observation rooms. One is a ‘hard’ observation room with less risk

of self-harm, and another two are with softer furnishings. One of these softer

observation rooms is adjacent to, and can be viewed from the medical offices. We

were told that only two detainees had been placed in the observation rooms in

a separate smaller compound where detainees can walk around freely but are

observed by cameras. The rooms are furnished without hanging points. We were

held in the four observation rooms in Stage 1. There are no observation rooms in

Stage 2 or 3, which means that detainees must be moved to Stage 1 for constant

detainees to Stage 1 for observation. We were told that as Stage 1 is a

completely separate and secure facility, where ‘high risk’ detainees

are held, detainees view the move as punitive. This may discourage referrals for

2/3, and are therefore not able to supervise observation in Stage 1 as closely.

It also means that officers who are not familiar with a detainee’s usual

2006 visit: Stage 1, VIDC, is not an appropriate place to put detainees with

currently under review, as recommended by the Detention Health Advisory Group.

DIAC has contracted Monash University Forensic Care to conduct the review, which

referrals to external mental health facilities and services are taken seriously

by DIAC. For example, two detainees from MIDC were referred to a mental health

hospital in Toowong, Queensland on the recommendation of mental health staff. On

the other hand, several detainees told the Commission that they been waiting for an

seriously recommendations and referrals by both internal and external mental

health practitioners. We also urge that referrals for mental health assessment

centres are contracted out to International Health Medical Services (IHMS). All

of the detention centres have a IHMS nurse on-site Monday-Friday, with on-site

access to GPs at certain clinic times. Hence, detainees appear able to see a

nurse on the day that they have a complaint, but may have to wait several days

to see a doctor unless it is an emergency. For emergencies, detainees are taken

external specialists, for example dentists, optometrists and

in accessing external specialist health services. For example, a detainee told

us he had been waiting for an eye operation for months. The Commission acknowledges that

detainees may have to wait for non-urgent medical appointments, as do others in

the community. However, as detainees do not have the ability to seek out their

own medical services, delays can be especially frustrating. Detainees also told

centralised unit within DIAC for dealing with health issues in detention, there

appears to be better coordination of the approval process for specialist medical

services for detainees. However, some detainees still seemed unsure of the

provided by external physicians. It appears that this process operates smoothly.

However, detainees may still experience delays in getting approval for referrals

at the NIDC, and some improvements in terms of internal activities and

excursions programs have been extensively cut back in specific centres due to

security concerns, where these activities had been successfully developed over

community is very important for the mental health and general well-being of

detainees, especially those who may be detained for long periods of

introduced individual excursions in 2006. These excursions entail a specific

site-visit for individuals in detention, for example in order to visit a sick

family member or attend a family event, under GSL guard and supervision. These

consider requests for excursions and to organise and conduct such excursions.

The Commission was told that some detainees had earlier escaped from detention while on

individually request permission from DIAC to participate in an excursion. After

another escape by a high risk detainee, all excursions were suspended pending

detainees are approved only in exceptional circumstances. It appears that

detainees whose visas have been cancelled under s501 of the Act (usually those

with a criminal record) are automatically determined to be a high flight risk.

This means that they have been refused permission to participate in individual

new directive which specifies a greater ratio of staff to detainees on

excursions. Due to the new GSL and DIAC procedures, activities officers find

new procedures seem to have impacted on the excursions programs for the general

detainee population at several centres, resulting in a reduction, or a

over the new procedures. Several detainees told us that they did not understand

why excursions had stopped, or that they were confused as to why they had been

zoo, aquarium and the beach. MIDC has also been open to requests from detainees

excursions program was suspended a few months prior to our visit, evidently due

participate in excursions unless there are exceptional circumstances. During

2007, two detainees – both s501 visa cancellations – had been going

on excursions to visit family. These visits stopped with the introduction of the

new procedures. However, at the time of our visit, MIDC were making a request

for a detainee to continue visiting his 15 year old son on the basis of

concern, MIDC has since distributed a factsheet to some detainees regarding

excursions. They have also been trying to facilitate visits to MIDC of families

and frequency, until the recently introduced new procedures. According to the

PIDC excursions program, external excursions were available every day, depending

on the number of detainees who wished to participate. Excursions until recently

have included picnics in Kings Park, sport, fishing, Fremantle and maritime

introduction of the new procedures, the excursions have been limited to visits

to the library and to the local gym (which includes a swimming pool) for one

hour, and visits to the Church of Christ services, Hindu temple and the Mosque.

However, high risk clients are prohibited even from these visits. This affected

the two s501 detainees at PIDC at the time of our visit, although PIDC was in

the process of requesting permission for one detainee to continue accessing

Instead, family members were invited along on external excursions, for example

picnics in Kings Park. However, these have not been arranged since the new

excursions. These do not seem to have been suspended during the change in

procedures. These activities include shopping visits, visits to the gym and

swimming pool, walks to Redcliffe Park and on Saturday they usually see a movie.

Detainees can also attend a church two nights a week and a trip to a mosque each

VIDC did not cater for the same level of external activities as other centres.

This was disappointing as it has the highest detainee population and houses most

to conduct a few more excursions. For example, last summer GSL organised

swimming trips and bowling, which were available for all Stages of VIDC. VIDC

had also permitted a number of individual home visits for individual detainees

were suspended pending the introduction of new procedures. At the time of our

visit, a request for a bowling excursion by GSL had yet to be

several weeks at the time of our visit. Detainees in SIRH are usually able to

participate in shopping trips, external English classes and a range of external

activities (such as a BBQ at Bundeena). They are also entitled to request

detainees at the SIRH. There are a limited number of internal activities offered

at the SIRH itself and detainees cannot access the internal activities program

offered in the adjoining VIDC, such as the library or gym. This was causing

anger and distress among SIRH detainees, who felt that they were being punished

distress among detainees in the VIDC at the time of our visit. For example, in

one case, a man was informed that his girlfriend had been injured in a car

accident but his request to visit her in hospital was refused. For several days

the man in question threatened to kill himself. Others also joined him in

NIDC did not have a dedicated activities officer and had very limited

commented on the positive impact of increased excursions. Detainees were

happier, as were staff. There were fewer presentations to the health and mental

health clinics and fewer outbursts of frustration by detainees. This translated

centre at least once a week and usually more often if they want to. Visits take

place to the beach, indoor soccer and volleyball games, Botanic gardens, museum,

bush walking and off-site BBQs, among others. Off site activities are offered

daily for minors, with some joint activities being organised with adults so they

centres, it has had limited impact at the NIDC. We were told that it has been a

very rare occasion that a person has been denied access to an excursion because

of a risk assessment – their preferred approach is to put on an extra

develop activities within the centres, to help detainees pass the day. The Commission

noted that all centres made some efforts to improve these activities. Given the

suspension of some external activities, internal activities become even more

arrange structured programs internally. We were told that the programs are

such as art classes and art activities (VIDC – Stage 2/3 and MIDC)) and

which are opportunities to include people from the external community. For

example, VIDC informed us it was organising a ‘Big Day In’ with DIAC

staff, GSL staff and detainees from each Stage, as well as friends, family and

The Commission

notes that infrastructure can limit the possibilities for sporting activities.

For example, although detainees are often interested in soccer games, at PIDC

and MIDC soccer games are not organised. PIDC is a small centre. Both its

outdoor areas are smaller paved areas, unsuitable for soccer or football games.

At MIDC, there is a larger outdoor area which could accommodate soccer games.

However, the area set aside for such activities is covered with a hard surface.

field in Stage 3 where detainees can participate in regular soccer games.

However, it is unclear how regularly Stage 1 detainees participate in these

games. The inter-Stage soccer game mentioned above is the first inter-stage

event held at VIDC. Stage 1 has two outdoor areas, but neither one is suitable

for a soccer game. Detainees in Stage 1 complained to the Commission about playing soccer

There

have also been improvements in access to gyms, which are popular with some

the centre. However, as some of these are not enclosed (for example, the gym in

the women’s area is situated in the courtyard), detainees may be

discouraged from using them. MIDC has plans to enclose the gym

equipment. However, as it is open to the outside, and visible from the second

outdoor area, usage may be discouraged. Refurbishment plans at PIDC will improve

this. On the other hand, detainees (with the exception of high risk detainees)

well-equipped. It also opens out onto a café area where detainees can

socialise and make themselves tea and coffee. Outside heaters are provided for

recreation area, which is reportedly well-used. The gym is closed during lunch

and dinner and is available to detainees from Stages 2 and 3 at different times

of the day. The gym is available to women only from 1pm – 2pm. However,

the gym is not open to Stage 1. In contrast, Stage 1 gym equipment is limited

been appointed. There is an external and internal activities program which is

volleyball, Bingo and board games, gym, karaoke and gardening. Indonesian

Independence Day was celebrated with a day of events and activities and an

table tennis table, sand/beach volley ball court, open area and a Christian

field at the back but the land is not level and floods during the rainy season.

Detainees are now taken outside the centre to use the old field of the East

any time that staff are on duty. Otherwise people can use the pool table, table

centres and the IRHs have access to communal televisions and DVDs throughout the

facilities. DVDs are rented from video libraries, or provided by

Foxtel and DVDs in the recreation room and the Multi-purpose room. There is also

a TV and DVD in Area 2 Recreation Room (where women are housed separately). The

centre rents DVDs from the Video Ezy. Currently, if a detainee is low risk it is

the centre in each recreation room, and in the family rooms. GSL Officers have a

are two rooms dedicated to TVs. One room, with six chairs, was in use by a group

of detainees at the time of the visit. The second room, with DVD player, is

uninviting, with a series of chairs bolted to the floor. Detainees request DVDs

from a collection held by GSL officers. In Stage 2, there is also a dedicated TV

room, with five plastic chairs, although this is for free to air TV only. In

Stage 2/3 recreation area there is a separate room with a flat screen TV and DVD

player on the wall, fixed chairs and a locked cupboard which contains the DVDs.

to air TV. South Compound receives free to air TV. There are DVD players in the

All the centres, with the exception of

NIDC, now provide detainees with access to computers and the internet. These are

also planned for NIDC as part of a general roll out of internet at all

Smart cards, which are given out to each detainee. The amount of access on each

access, situated in the education room. The education room is always open. Each

detainee automatically gets two hours of internet access every four hours on

their card, and can even buy more with PAS points. The internet is very popular

and well-used. However, the only problem is the location in the education room,

which is also used for English classes. This means one activity interferes with

the other. As part of its planned refurbishments, PIDC intends to create a

common area. DIAC were considering moving these into each of the residences for

computers in the Centre: in the Visitors centre, women’s recreation room,

men’s recreation rooms and education rooms. Upon arrival, detainees are

also given a USB stick and headphones. Smart cards give them an hour of internet

access a day, with no limits on when they can use it. They can print off for

recreational centre of Stage 2/3 and in Stage 1 recreational room. In the Stage

2/3 recreational area, there is a dedicated room for internet access with four

computer terminals. In Stage One, there are four computers in a room adjacent to

the television room. However, not all the computers have internet access. Each

detainee at VIDC is given a ‘Global Gossip’ internet card with a pin

number, entitling them to one hour of internet time per day (although they can

apply for extra hours). Detainees are also provided with USBs. When they leave

the centre their ‘Global Gossip’ card is cancelled. GSL at VIDC

informed us that the number of internet terminals in VIDC will be increased to

to all detainees, but did not yet have the internet installed. Detainees raised

with us the lack of internet access. We were informed that this was to take

facilities in immigration detention. Access to the internet and email provides

detainees with opportunities for entertainment, access to essential information

All centres provide some foreign

language newspapers. Internet access has also improved access to foreign

library. The local library also allows book lending through the internet. There

are a variety of books in other languages. There are very few books in the

centre, or in the education room, although there are bookshelves in the new

about 8-10 books in different languages. The librarian also tries to accommodate

requests. When the library visits, there is an opportunity to share coffee and

request. There is a small collection of Mandarin books and a few Korean books

but most books appeared to be old fiction, in English. There is no chair in the

rooms had some old English books and magazines. Otherwise, it is unclear what

provision is made for accessing reading materials besides

officer’s station. There is no library but they are working on getting

excursions to the local library. Staff going to Indonesia on holidays are asked

our 2006 summary of observations, we raised the lack of Indonesian-English

dictionaries at NIDC. In our 2007 visits, we were told that these dictionaries

VIDC, detainees in Stage 2 and 3 can maintain gardens and grow vegetables. They

are provided with seeds and gardening equipment. NIDC also provides detainees

in internal activities programs. Long term detainees in particular wish to do

something constructive with their time in detention. However, according to DIAC

policy, they are unable to engage in study leading to

English classes. While this is an entirely appropriate class to offer, it may

not be appropriate for some detainees. This is the case with a number of visa

overstayers and s501 cancellations who are from English-speaking

several online computer classes are supervised by the English

Stages 2 and 3 in a dedicated computer room, with 11 computers. GSL provide

certificates to detainees if they complete computer levels. For example, if

they complete an excel level. However, these are not formally

classes. However, these are activities rather than an accredited educational

are interested in a more advanced education program than the classes being

offered, she will put together a basic program. In the past, she has put

seems to vary across the centres. For example, NIDC does not offer English

are not as regular and extensive as they would like. PIDC later informed us that

the quality and consistency of the English classes in PIRH has been reviewed and

seem to have caused any problems for DIAC or GSL but has greatly improved

detainee access to the outside world. Detainees can pay for mobile phone cards

using the Purchasing Allowance Scheme (PAS) (see below). There are also pay

permitted to use mobile phones, the Telstra pay phones are underutilised. As a

result Telstra wants to remove some of the phones. However, detainees need the

detainees can purchase items like phone cards, chocolates, packet noodles, soft

drinks and cigarettes using ‘points’ accrued during their time in

(25 points – equivalent to about $25). Detainees can accrue extra PAS

points per hour for participating in programs and activities. These activities

include the structured activities program, such as English classes or sports

competitions, and excursions. Detainees cannot accumulate more than 200 PAS

that DIAC permit the accumulation of points from month to month beyond 200 PAS

points. There does not seem to be any reason to limit the accumulation of points

as long as detainees understand that those points can not be cashed out on

reports about food. Food is a common cause of complaints among detainees as,

over long periods of time, it becomes increasingly frustrating to have limited

committee meetings which are held in all centres, where detainees can give

feedback on food provided. DNCA (the private company contracted to cater in the

efforts to improve the quality and variety of food provided. Menus are rotated

three-weekly or monthly and there are genuine attempts to cater for the

different needs of detainee groups. For example, in centres where there are a

number of Indian or Sri Lankan detainees, centres attempt to provide rice and

curries with appropriate spices. All the kitchens are halal

about the monotony of food, a lack of cultural appropriateness, the quality and

difficulties of having special needs and diets met. In particular, almost all

detainees we spoke to at MIDC complained about the quality of food at the

centre, saying that it was bland and monotonous. MIDC later informed us that a

new three week menu was subsequently drawn up which mirrored the current

Stage 2. This is well-attended and the food is of reasonable quality and

variety. However, the food is taken to Stage 1 and distributed from hot boxes at

a very drab and dark dining room (which no one appears to eat in, preferring to

in cooking. All centres have coffee, tea, and drinks and snacks available in

kitchenettes or the dining rooms. Some of the kitchenettes also have rice

cookers, woks, and microwaves, and there are opportunities for detainees to buy

food. At MIDC, for example, GSL officers go shopping every Wednesday and will

purchase food on a detainee’s behalf. Occasionally detainees are taken on

implications for hygiene, self-catering opportunities encourage autonomy and

reduce frustrations with the prepared food. However, this is not possible for

all meals. Further, not everyone wishes to, or is able to, cook for

twice a week, where the detainees can cook their own food on BBQs with

ingredients supplied by DNCA. In PIDC they have included food cooked on woks,

and separate BBQs for pork for Chinese detainees. At VIDC Stage 2, new BBQs have

ongoing basis is NIDC. At NIDC there are two Indonesian interpreters available

to the NIDC at all times. As the detainee population is almost entirely Bahasa

Indonesian speaking, this is a cost-effective way of ensuring communication

between the detainees and the detention service providers. NIDC also uses the

although VIDC did inform us that at times they have contracted face to face

basic communication, there are times when TIS is inadequate for dealing with

complex issues. Face to face interpreters minimise misunderstandings that can

arise using the phone. Also, for health and mental health appointments, there

between DIAC and GSL staff and detainees on a daily basis, such as answering

requests and general rapport-building while wandering around the

different language groups among detainees, it is not cost-effective to employ

on-site interpreters at all centres. However, where there is a large body of

detainees from one language group, who are having difficulty with the English

language, DIAC and GSL should consider employing an on-site interpreter, or

contract an on-site interpreter on a regular basis. This may be the case in

VIDC, where the largest group of detainees at the time of our stay is

documents were provided in English. One detainee said that she had been unable

to understand the contents of a letter to her from DIAC, and was too inhibited

with her English to ask for assistance. Although she had been assisted by a

fellow detainee previously, she had since been moved to another area of the

how a detainee can make a complaint about possible human rights abuses occurring

immigration detention complaints posters in communal areas. However, the Commission notes

managers, asking them to ensure that both versions are displayed throughout the

we raised have been addressed by DIAC and GSL, so that NIDC has a greatly

improved environment. We note that NIDC devised a plan for implementing

medical observation room where unwell detainees can rest, unlike other

immigration detention facilities. We suggest that this would be a useful

the centres. It also has a large number of long-term detainees with

ever-worsening mental health problems. Further, as Stage 1 Villawood is the

largest and most secure facility, detainees who are perceived as difficult to

manage seem to be placed in Villawood. This adds to an overall atmosphere at

Villawood as security-driven and tense, compared to the atmosphere at the

prison. It is run-down, especially the dormitories, and the atmosphere is harsh

and inhospitable. Commission staff were shocked by the dilapidated infrastructure of

Villawood Stage 1 compared to other centres and facilities we visited. Of

services has a magnified impact on detainees. The suspension of individual and

group excursions at all facilities, had an adverse impact on the mental health

of detainees and risked becoming a very serious issue for the running of the

centre. The suspension of activities in SIRH also seemed to add unnecessarily to

task meeting both security priorities and detainee service requirements.

However, it is detrimental to the overall mental health of the detainee

with internal activities to substitute for the limited availability of

excursions. There have also been some good developments in Stage 2 and 3,

including a new soccer field, gym and outdoor café area, the introduction

of the internet. However, these mostly benefit detainees in Stage 2 and 3, and

detainees, VIDC should be leading the way in terms of external and internal

more friendly detention environment for detainees. However, despite the fact

that SIRH is not full to capacity, there are a large number of long term

detainees in VIDC who would benefit from a less harsh environment, yet do not

be the ‘pilot’ detention centre for several programs. This continues

renovations. Stages 1 and 2 of the renovations have been completed with good

results. Stage 1 involved construction of a new administration area, medical

wing and a dormitory. The razor wire was also taken down. Stage 2 involved

refurbishing the old areas to standards of the new areas. The final Stage 3 is

to be completed by the end of 2007 and is mainly concerned with beautifying the

friendly and relaxed. Although a small centre, the renovations provide detainees

with a number of different spaces to find some privacy or engage in different

activities. It is also less crowded than before. Of particular note is the

variety of smaller outside courtyards, which MIDC has attempted to beautify, and

which provide light and outlook to the internal spaces. The visitor’s

facilities are comfortable and provide visitors and detainees with television

and internet access (the only downside being a lack of external space for

open and responsive to suggestions on how to further enhance the services within

excursions procedures. We noted previously that the introduction of home visits

at MIDC was of great benefit to the mental well-being of those long-term

detainees with family and friends in the community, particularly those who would

otherwise be isolated from these personal contacts. The Commission encourages MIDC to

continue excursions where possible. The Commission notes that since the change in

procedure, MIDC recommended that a s501 detainee should continue his visits

house detainees for long periods of time. Despite these limitations, the Commission notes

that management and staff have continued to make efforts to improve the

facilities and services, and to remain open to suggestions from detainees and

renovations and refurbishments since our last visit in 2006. So far, the

refurbishments have included soundproofing the interview rooms, making some

bedrooms more comfortable and fitting out a multi-purpose room with carpet, soft

some detail, which include building a second storey. The Commission hopes that many of

the problems with the infrastructure in PIDC will be resolved by the planned

renovations, which are quite extensive, may have a significant impact on both

detainees and staff. The renovation process to date has already been difficult

opened in March 2007. The Commission found that the PIRH is well-equipped and physically

pleasant, situated in a suburban street, with a large garden and the appearance

PIRH. It is a significantly better environment than the PIDC. The Commission’s only

complaint about the PIRH is that it appears under utilised. At the time of our

visit, only four people were detained in the facility, two in each house. The

low numbers can partly be explained by the low numbers in total at PIDC (at the

time of our visit there were only 14 detainees at the PIDC) and partly by the

fact that three detainees had just been transferred back to PIDC pending

removal. However, the Commission understands that not all detainees in the PIDC have been

assessed as high risk, and therefore should be considered for the

Detention, A last resort?, (2004); Report of an inquiry into the

detention of unauthorised arrivals, Those who’ve come across the

Detention, A last resort?, (2004); Report of an inquiry into the

detention of unauthorised arrivals, Those who’ve come across the