DIAC Response to the 2011 Australian Human Rights Commission Statement on Immigration Detention in Leonora (2011)
Response to the 2011 Australian Human Rights Commission
Statement on Immigration Detention in Leonora
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Introduction
The Department of Immigration and Citizenship (DIAC) welcomes the opportunity
to respond to the Australian Human Rights Commission (AHRC) Public Statement
on Immigration Detention in Leonora.
DIAC places a high value on the work of the Commission and appreciates the
Commission’s substantial recognition of the hard and consistent efforts of
all those staff supporting the management of clients in Leonora.
The AHRC has outlined a number of key issues related to Immigration Detention
in Leonora. DIAC comments in response to these recommendations are outlined
below.
Recommendation 1: Australia’s mandatory detention law should be
repealed. The Migration Act should be amended so that immigration detention
occurs only when necessary. This should be the exception, not the norm. It must
be for a minimal period, be reasonable and be a proportionate means of achieving
at least one of the aims outlined in international law. The limited grounds for
detention should be clearly prescribed in the Migration
Act.[1]
The Australian Government is committed to all measures to prevent and deter
non-compliance to preserve the integrity of Australia’s migration program,
while treating individuals humanely. The Government considers mandatory
immigration detention an essential component of strong border control. The
Government will retain the system of mandatory detention, along with strong
border security measures, to ensure the orderly processing of migration to our
country.
In line with the Government’s approach to immigration detention, people
are detained based on the risk they pose to the Australian community and are
held in an immigration detention centre for the shortest practicable time. Under
the Government’s Key Immigration Detention Values, mandatory immigration
detention applies to three groups of people:
- all unauthorised arrivals, for management of health, identity and security
risks to the community;
- unlawful non-citizens who present unacceptable risks to the community; and
- unlawful non-citizens who repeatedly refused to comply with their visas
conditions.
Article 9 (1) of the International Covenant on Civil and
Political Rights (ICCPR) states that everyone has the right to liberty and
security of person, and that no one shall be subjected to arbitrary arrest or
detention. The government understands that the key elements in determining
whether detention is arbitrary are whether the circumstances under which a
person is detained are ‘reasonable’ and ‘necessary’ in
all of the circumstances or otherwise arbitrary in that the detention is
inappropriate, unjust or unpredictable. Detention will not be arbitrary if it
is demonstrated to be proportional to the end that is sought. Both the law
under which the detention is authorised and the manner in which it is carried
out or enforced must meet these criteria. The government is satisfied that
immigration detention of unauthorised arrivals is proportionate to the aim of
processing any claims those people might make as swiftly and humanely as
possible while also protecting the security and welfare of the Australian
community and ensuring that those persons who are not owed protection remain
available for removal. Mandatory immigration detention is an exceptional
measure primarily reserved for people who arrive in Australia without
authorisation.
The Australian Human Rights Commission (AHRC) has noted, drawing on UNHCR
guidelines, that a legitimate purpose of immigration detention can be for the
purposes of conducting security checks. This is part of the Government’s
Key Immigration Detention Values and, as AHRC has also noted, some of the delays
that are occurring, and having an impact on the length of clients’
detention, are while security checks are being conducted. Each case is
considered on an individual basis and the timing for the completion of security
checks varies from one case to another depending on individual circumstances.
These screening mechanisms ensure Australia discharges its international
obligations in a way which provides appropriate protection to the Australian
community from people who may pose a risk to our national security.
The Department of Immigration and Citizenship’s (DIAC) response to
Recommendation 3 below provides further information about security checking and
about measures to minimise the time spent in immigration detention.
Recommendation 2: The Migration Act should be amended to accord with
international law by requiring that a decision to detain a person, or a decision
to continue a person’s detention, is subject to prompt review by a court.
To comply with article 9(4) of the ICCPR, the court must have the power to order
the person’s release if their detention is not lawful. The lawfulness of
their detention is not limited to domestic legality – it includes whether
the detention is compatible with the requirements of article 9(1) of the ICCPR,
which affirms the right to liberty and prohibits arbitrary
detention.[1]
DIAC notes AHRC’s view that Australia is not complying with its
international obligations in this regard and that AHRC has cited the views of
the United Nations Human Rights Committee in A v Australia. Australia
disagreed with that Committee’s interpretation of Article 9(4) of the
ICCPR and expressed to the Committee its view that under that Article, judicial
review needs to be available to consider the lawfulness of detention in the
context of domestic law, rather than issues of arbitrariness.
Nevertheless, the Government has improved the review of the appropriateness
of detention in line with the Key Immigration Values. Value 4 provides that
- Detention that is indefinite or otherwise arbitrary is not acceptable and the length and conditions of detention, including the appropriateness of
both the accommodation and the services provided, would be subject to regular
review. (emphasis added)
Senior Officer and Ombudsman’s reviews introduced under the
Government’s key immigration detention values consider the appropriateness
of the person’s detention, their detention arrangements and other matters
relevant to their ongoing detention and case resolution.
Recommendation 3: Until the above legislative changes are implemented, the
Australian Government should avoid the prolonged detention of asylum seekers by:
- Ensuring full implementation of its New Directions policy under which
asylum seekers should only be held in immigration detention while their health,
identity and security checks are conducted. After this, the presumption should
be that they will be permitted to reside in the community unless a specific risk
justifies their ongoing detention.
- Ensuring that security checks are conducted as quickly as
possible.
- People are detained because they are unlawful non citizens not
because they are asylum seekers
- Where a person in detention seeks asylum robust streamlined
assessment processes, including provision of publicly funded assistance, are
applied as a high priority. There are merits and judicial review
opportunities
- As at 14 January 2011, 6427 of the 6730 people who are in
immigration detention are Irregular Maritime Arrivals (IMA’s) and are
undergoing processes to resolve their claims
- Most of these people have not yet satisfied security checks
- Processes are in place for Ministerial consideration on a case by
case basis of release making a residence determination where the Minister is
satisfied any health, identity or security risks may be managed in the community
and where there are not other issues such as risk of harm to the community or
absconding which militate in favour of continued detention
On 18
October 2010, the Prime Minister and the Minister for Immigration and
Citizenship announced the government’s intention to use existing powers
under the Migration Act to progressively place significant numbers of
Unaccompanied Minors (UAMs) and vulnerable families into Residence Determination
arrangements. Placement into community detention will be made by the Minister
on a case by case basis.
DIAC is managing the implementation of the expanded Residence Determination
program, and the Minister's Council for Immigration Services and Status
Resolution (CISSR) is working closely with DIAC to support this process. A
project team drawing on relevant expertise across DIAC has been formed to
develop and establish the expanded Residence Determination arrangements.
The expanded Residence Determination program will be rolled out progressively
between now and 30 June 2011. The Australian Red Cross is the lead agency for
the implementation of the expanded arrangements and will draw on the expertise
of a wide range of experienced service providers and contributing organisations.
Services can include sourcing of accommodation, case worker support and 24 hour
carer support to UAMs, among others. Immediate housing options have been
identified and are being assessed for the first group of placements. Further
housing is being sourced and will be staged to come on line from January through
to June 2011.
The foundation of Australia’s layered approach to border security
includes the universal visa system which enables DIAC and other agencies to
conduct pre-arrival checks of visa applicants and prevent the entry of those who
may pose a security, criminal or health risk to the community. The vast
majority of IMAs come to Australia undocumented and, in line with the
Government’s immigration detention values, are held in immigration
detention pending completion of health, identity and security checks.
The Australian Security Intelligence Organisation (ASIO) is responsible for
the furnishing to Commonwealth agencies of security assessments relevant to
their functions and responsibilities. Security assessments undertaken by the
external agency are treated individually and undertaken on a case-by-case basis.
As such, there is no single or definitive timeframe within which each check is
completed. Some cases are able to be finalised within a short timeframe; but
others, because of the specific circumstances of the case, can take much
longer.
DIAC regularly liaises with ASIO on caseload issues, and escalates individual
cases of concern for priority assessment, such as UAMs, families with young
children, and clients with mental health concerns or other compassionate and
compelling circumstances. DIAC also seeks updates on the progress of individual
cases from ASIO.
Following the High Court decision of 11 November 2010, the Government is
introducing changes to the refugee status determination process for irregular
maritime arrivals with effect from 1 March 2011. The changes will streamline
the assessment process to ensure irregular maritime arrivals are better able to
present their claims in the first instance and that any issues arising from
their claims will be more quickly resolved. The new process also ensures that
procedural fairness is afforded to clients, in accordance with the High Court
decision.
The new Protection Obligations Determination process will allow for a faster
initial assessment by a departmental officer, to be known as a Protection
Obligations Evaluation. Where the officer considers that the person is owed
protection obligations under the Refugees Convention, the case will be
considered for the grant of a Protection visa subject to meeting other
immigration criteria such as health, character and security. The departmental
officer will fast-track all other cases to an independent assessor for a final
determination, to be known as an Independent Protection Assessment.
The new process will also assist in reducing the time clients spend in
immigration detention.
Recommendation 4: The Australian Government should implement the
outstanding recommendations of the report of the National Inquiry into Children
in Immigration Detention, A last
resort?.[1] These include that Australia’s immigration detention laws should be
amended, as a matter of urgency, to comply with the Convention on the Rights
of the Child. In particular, the new laws should incorporate the following
minimum features:
- There should be a presumption against the detention of children for
immigration purposes.
- A court or independent tribunal should assess whether there is a need to
detain children for immigration purposes within 72 hours of any initial
detention (for example, for the purposes of health, identity or security
checks).
- There should be prompt and periodic review by a court of the legality of
continuing detention of children for immigration purposes.
- All courts and independent tribunals should be guided by the following
principles:
- detention of children must be a measure of last resort and for
the shortest appropriate period of time
- the best interests of children must be a primary
consideration
- the preservation of family unity
- special protection and assistance for unaccompanied
children.
- detention of children must be a measure of last resort and for
The government takes its international obligations
seriously and acts consistently to comply with all of its treaty obligations,
including the Convention on the Rights of the Child (CROC).
Minors and their accompanying families are accommodated at low-security
sites, such as immigration transit accommodation (ITA) and immigration
residential housing (IRH), or other alternative places of detention (APOD),
which includes commercial accommodation such as motels.
UAMs are subject to the same accommodation arrangements as other children,
but are supported by appropriate carers and are held in an APOD while health,
security and identity checks are completed. They may then be considered for a
community placement if accommodation is available.
Section 4AA of the Migration Act states:
"(1) The Parliament affirms as a principle that a minor shall only be
detained as a measure of last resort.
(2) For the purposes of subsection (1), the reference to a minor being
detained does not include a reference to a minor residing at a place in
accordance with a residence determination".
While section 4AA affirms the principle that children should only be detained
as a last resort, the principle does not limit the location and nature of any
such detention. The announcement of the Government’s Key Immigration
Detention Values formalised arrangements already in place operationally within
DIAC, noting that minors will not be detained in an immigration detention centre
(IDC).
DIAC maintains that Key Immigration Detention Value 3, which provides that
‘children, including juvenile foreign fishers and, where possible, their
families, will not be detained in an immigration detention centre’,
broadly reflects our international obligations under Article 3(1) and Article 37
of the CROC. Although children fall under the broad mandatory detention
framework, they are treated considerably differently than adults.
The facilities at Leonora are designed to provide a comfortable environment
where children can continue to develop while they remain with their families in
detention. The processing of asylum claims by children is accorded the highest
priority to ensure compliance with our Article 37(b) obligations under the CROC
and that children remain in facilities for the ‘shortest appropriate
period of time’.
DIAC maintains that children in Leonora have considerable liberties, and are
free to attend school, outings and other organised activities in order to best
permit them to live as unrestricted as possible while their claims (and those of
their families) are assessed.
Policy documents relating to the treatment of children in detention are
clear:
‘Children can be a vulnerable group of clients, particularly in the
context of compliance operations and immigration detention. The case management
of children presents particular challenges and requires special consideration of
the child’s individual and family circumstances. Although a child will not
be detained in an IDC, it is possible that a child may be subject to other
detention arrangements such as community detention or immigration residential
housing. If a child has been detained, whether or not this is with a parent or
guardian, the child will be actively case managed. The only exceptions might be
children who have been detained with their families and are on a rapid removal
pathway or juvenile foreign
fishers.’[1]
The department acknowledges the AHRC’s concerns regarding assessments
on the need to detain children and undertaking periodic reviews. As previously
noted in the response to Recommendation 3, the Prime Minister and the Minister
for Immigration and Citizenship announced the intention to use existing powers
under the Migration Act to progressively place significant numbers of UAMs and
vulnerable families in residence determination arrangements.
This move is in recognition of the increasing numbers of families with
children and UAMs in immigration detention and the lengthening period of time
which some may have been detained during processing of their claims or
finalisation of their cases.
The residence determination arrangements will be rolled out progressively in
partnership with community organisations over the coming months and should go a
large way to providing suitable longer term accommodation for this group of
clients.
A reference group has been formed involving key CISSR representatives, DIAC
officers and other external members, including a representative from the
Department of Families, Housing, Community Services and Indigenous Affairs.
As noted above in relation to Recommendation 2, DIAC has established Senior
Officer and Ombudsman’s reviews that now regularly consider the
appropriateness of a person’s ongoing detention, their detention
arrangements and other matters relevant to their detention and case resolution.
These review arrangements apply to people in Residence Determination
arrangements as well as to people in other places of detention.
Recommendation 5: People should not be held in immigration detention in
remote locations such as Leonora. If people must be held in immigration
detention facilities, they should be located in metropolitan areas.
The department is cognisant of the issues raised by the Commission in
operating facilities in remote locations. Due to the recent high influx of
arrivals and pressures on existing facilities, the opportunities in sourcing
suitable facilities of sufficient size in more favourable locations at short
notice is difficult. The facilities at Leonora provided an immediate solution
to the pressing need to accommodate clients in a relatively open environment,
providing adequate recreational space and good levels of privacy.
The department is working on finding more suitable accommodation and has
achieved worthy results in the recently opened Inverbrackie facility where
families are able to live and manage their stay in detention in an as normal
environment as possible.
Recommendation 6: DIAC should pursue the adoption of a Memorandum of
Understanding with the Western Australia Department for Child Protection in
order to ensure clear guidelines are in place regarding responsibilities and
procedures relating to the welfare and protection of children in immigration
detention in Leonora.
Preliminary discussions have commenced between the department and Western
Australia’s Department of Premier and Cabinet (WA DPC) on an overarching
Memorandum of Understanding (MOU) to cover a range of services. Consequently it
is expected to supersede the current MOU between WA and the Commonwealth on the
education of minors at Leonora.
The MOU may also cover child protection issues, including roles and
responsibilities, reporting arrangements, protocols for managing notifications
and costs. There have been some preliminary discussions on this aspect in
recent days.
Recommendation 7: DIAC should ensure that all relevant DIAC officers and
staff members of detention service providers are given a localised policy
setting out the requirements and procedures for making child welfare and
protection notifications in relation to concerns that arise in respect of
children in immigration detention in Leonora. Staff should also be provided with
training on this policy.
The departmental policy is that any suspicion or allegation relating to child
welfare should be immediately referred to the relevant state/territory welfare
authority regardless of whether or not mandatory reporting is a requirement.
In the first instance, when there is a need to escalate an issue regarding
child welfare, the Regional Manager will escalate any concerns they have,
including allegations or suspicion of abuse or neglect, to a departmental
officer, who will liaise with the relevant state or territory welfare authority.
These lines of communication will be documented in the departmental
instruction concerning minors (currently being reviewed and due for release in
late March) as contained in the Detention Services Manual which is published on
the departmental database (LEGEND). These instructions provide policy guidance
to departmental and Detention Service Provider (DSP) staff.
After the departmental instruction is released on LEGEND, DIAC staff are
advised of the new instruction by means of an email with direct links to the
instruction in LEGEND. The DSP is also advised by means of a letter with copy of
the revised instruction attached.
Recommendation 8: DIAC should explore possibilities for providing
pre-school aged children in immigration detention in Leonora with appropriate
opportunities to take part in active learning and play activities outside the
detention environment. In particular, this might include making arrangements in
order to allow four year old children to attend the local pre-school.
The department has commenced a program to review education for all children
under 18 years of age, including pre-school aged children, with a view to
ensuring a consistent approach in the provision of education and activities at
all detention facilities in which children are accommodated.
DIAC is examining appropriate levels of care and activities for pre-school
aged children that should be implemented at each relevant facility. DIAC is
mindful of the need for a flexible approach and will take into account the range
of services (including State/Territory government services) and facilities
available at each location.
Recommendation 9: DIAC should ensure that people in immigration detention
in Leonora are provided with timely access to appropriate health and mental
health services. In particular, this should include timely access to appropriate
specialist, dental, ante-natal and psychiatric care.
The department is of the view that people in immigration detention at the
Leonora facility are provided with access to appropriate health and mental
health services that is in line with Australian community standards.
Dental Access
Since the AHRC’s visit to the Leonora facility, the following measures
have been taken to improve dental access:
- Longer and more frequent block appointment bookings have been made available
by the dental provider in Kalgoorlie.
- Sourcing two new dental providers in Kalgoorlie. There are now three
providers available.
- The original and new providers in Kalgoorlie have agreed to utilise the
dental room and facilities located at the Leonora Hospital for scheduled weekend
sessions once arrangements with the hospital are finalised by the department.
- Engaging the services of a ‘fly-in’ Dentist is currently under
internal discussion.
Ante-Natal
The department acknowledges that, at the time of the AHRC’s visit to
the Leonora facility, there may have been pregnant women who had not consulted
with a general practitioner (GP) or had an ultrasound examination. However, the
Detention Health Services Provider (DHSP) has assured the department that the
five pregnant clients that were accommodated at the Leonora facility as at 20
January 2011, have all had GP consultations and been provided with access to
ultrasound examinations as per the recommended clinical standards.
The DHSP provides copies of the Antenatal Shared Care Western Australia
Guidelines to ante-natal clients at Leonora. DHSP staff with Midwifery
qualifications also conduct ante-natal care sessions (a minimum of one per
month) where education is provided on topics including pregnancy, minor
complaints of pregnancy and delivery. In addition, all pregnant clients at the
Leonora facility are issued with ‘pregnancy packs’ containing
overnight food supplements and morning and afternoon tea.
All pregnant clients are transferred to a larger metropolitan Hospital at
32-34 weeks for confinement and delivery (as per wider Australian Community
standards for confinement and delivery in rural and remote areas).
Mental health
As far as possible within the existing system of mandatory detention, the
department is doing all it can to minimise factors that contribute to the
deterioration of the mental health of those in immigration detention, to
maximise protective factors, and to assist those in need, including prompt
referral for appropriate treatment. This includes well-resourced activities and
recreation programs which contribute to a person’s development, well-being
and quality of life, in accordance with the government’s key immigration
detention values.
The Government recognises that events, such as the refusal of a visa
application, can place additional stress on people in immigration detention,
which may increase their risk of suicide and self-harm or susceptibility to poor
mental health. Currently, these risks are managed by health professionals
employed by (or networked with) the DHSP, and include Mental Health Nurses,
Psychologists and Psychiatrists who are registered with the appropriate
professional organisations and institutions.
The Mental Health Team at the Leonora facility supports the families
accommodated there and provides them with counselling and coping strategies to
manage their anxieties while waiting for their application to be processed.
Re-screening for mental health issues occurs at set intervals and also in
connection with key events, such as the refusal of a visa application that might
occur during a person’s time in immigration detention. This is to ensure
that any latent issues or any issues that may arise during the person’s
time in immigration detention, are identified and treated appropriately.
Specialised care is also available for those who require it.
Psychiatric care
When a client at the Leonora facility is referred to a psychiatrist (who will
consult with the Leonora facilities mental health team), an appointment will be
made based on the urgency of the treatment. If an urgent appointment is
required, a decision will be made to transfer the client to a place of
immigration detention in the city where a specialist appointment can and has
been arranged (usually either Perth or Kalgoorlie). Where a referral is not
considered to be urgent, clients are made aware of potentially lengthy waiting
times before they may be seen, either by a visiting specialist, or through a
routine (non-urgent) appointment at the closest public hospital. These
arrangements are comparable to community standards.
Recommendation 10: DIAC should ensure that all people in immigration
detention in Leonora have access to:
- adequate outdoor recreation spaces including sufficient grassy and shaded
areas
Shade shelters are being installed in the children’s
playground area and are scheduled for completion in mid February 2011. Areas for
additional paved pathways, garden beds and grassed areas were identified and
completed in January 2011. Outdoor furniture settings and additional shade
shelters were ordered and delivered to Leonora in January 2011.
A new perimeter fence at Leonora has been installed. Work will begin on an
internal fence, separating the turf soccer pitch and the car park. The internal
fence is estimated for completion in February 2011. Once this is completed, the
gym, turf soccer pitch and children’s playground will be freely accessible
by clients.
- adequate indoor recreation spaces including a gym or exercise room, and
safe and appropriate play areas for young children
Currently, the Leonora facility has both a youth centre with a
youth worker and a recreational centre which includes a pool table, table tennis
table, television and computers. The facility also has a children’s room
for English lessons and activities including craft, children’s play area,
soccer pitch, volley ball area, sewing room, vegetable garden and a library
containing literature in various languages. A proposed music room with
instruments is already on site and gym equipment is on order. At present, the
recreational centre, library and prayer rooms are available to clients 24 hours
a day.
A fit out of the gym is underway. The gym equipment was ordered and arrived
on site in early February 2011. The equipment will be installed, OH & S
checks, Security Risk Assessments, and staff training will take place, and the
expected opening date of the gym is 9 February 2011. Additional
recreational rooms are also being made available to clients, and access to the
second half of the dining room for recreational purposes is already
available.
- a range of recreational activities conducted on a regular basis
A range of activities are offered at the Leonora facility for
people in detention. These include: museum visits, farm visits, public library
visits, sewing classes, English classes, schooling for school-age children, play
groups for toddlers, card making classes, and bead making classes.
DIAC is currently liaising with the Leonora Local Council to source some
skills training for people in detention. It is intended that this training will
cover areas of life skills, women’s health and welfare classes and
Australian knowledge classes.
DIAC has commenced a review of programs and activities for all people in
detention at all sites, with a view to ensuring a consistent approach in the
provision of an appropriate level of activities and programs for all people in
detention at each detention facility. The review will give consideration and
focus to the cultural and gender mix of the immigration detention population
such as, single men, married men, single women, married women, single parents,
school aged children and pre-school aged children. DIAC is very mindful of the
need to have a rich program of meaningful activities for all people in
detention, with particular emphasis on learning English, and is working very
closely with the DSP to improve programs and activities at all sites.
DIAC is supportive of including the views of people in detention in planning
activities. This is co-ordinated at most sites to differing degrees, through
the client consultative committee meetings.
Participation in programs and activities is not compulsory. Persons in
immigration detention have the right to refuse to participate if they chose.
They may also ask to participate in programs and activities after initially
refusing to participate.
- a sufficient number of English classes
English as a Second Language (ESL) classes are in place and are
available to all people at the Leonora facility. Infrastructure improvements
have recently been completed and an increase in the frequency of classes is
currently being investigated with an ESL teacher to be engaged when a suitable
candidate is identified.
Online delivery of an ESL program is also being investigated. The Leonora
facility provides access to language translation dictionaries for all persons in
detention.
- an adequate supply of reading materials in the principal languages spoken
by people in detention
Infrastructure upgrades are due to be completed at the Leonora
facility in early 2011 which will include the installation of additional
internet enabled computers. This will allow more clients to access news and
current affairs from their home countries.
In addition to this infrastructure work, a greater number of dictionaries and
reading materials have recently been sourced to cater for the different ethnic
groups within the facility.
The department regards availability of suitable reading material in English
and other languages as an essential component of recreation for people in
detention. As part of the programs and activities review, DIAC will work with
the DSP to improve the availability of appropriate reading material and
translation dictionaries.
- regular opportunities to leave the detention environment on external
excursions.
The department, alongside with the DSP have consulted with the
local Leonora community to find suitable programs and activities for clients
accommodated at the Leonora facility. As a result of this consultation, clients
now have access to a range of external excursions at many locations within the
Leonora community. This includes visits to the sports oval, playground,
recreation centre, visitors centre, public library, Gwalia Museum and township,
and Fifi Farm.
DIAC is also liaising with the local council to source suitable skills
training for people in detention which will result in a greater number and
variety of external excursions. The department anticipates that the skills
training may involve some voluntary work, either within or outside the Leonora
facility.
DIAC's review of programs and activities includes a review of external
excursions. DIAC is aware of the difficulties in arranging an appropriate level
of external activities for all groups of people in detention. It is DIAC's
policy that women should have access to the same opportunities to attend
external excursions as men.
Recommendation 11: DIAC should
ensure that all people in immigration detention in Leonora who seek to do so
have access to regular religious services conducted by qualified religious
representatives.
Persons in immigration detention are able to practice the religion of their
choice on an individual or communal basis and have access to community religious
organisations.
A fortnightly Christian service is offered to clients at the Leonora
facility, an Imam from Kalgoorlie has attended the facility, and in-house Hindu
services have been held. A number of cultural and religious celebrations have
also been facilitated, including Ramadan and Sarathswathi Pooja.
Religious service rooms have also been established within the facility for
Muslim and Hindu clients. Prayer rooms are available to all clients for use
individually or as a group, 24 hours per day.
DIAC and Serco continue to work hard to organise suitable religious
excursions and liaise with religious providers to arrange for regular religious
access for people in detention.
The DSP appoints a religion liaison officer at each facility as a first point
of contact for persons in immigration detention and visitors regarding the
provision of religious and spiritual care in the IDF. The religion liaison
officer will:
• coordinate all religious activities, including after
hours activities and bringing religious items into an IDF,
• coordinate all access by all religious visitors to the
IDF and areas within the facility, and
• help persons in immigration detention contact
appropriate religious visitors.
Recommendation 12: DIAC should take appropriate measures to ensure greater
continuity in the Case Management service, both in Leonora and other immigration
detention locations.
During mid to late 2010, the department undertook a number of recruitment
exercises to expand its case management network and to provide continuity of
case managers for clients in the immigration detention facilities
(IDF’s).
To date three training courses, including mentoring, have been completed and
as a result, all of these case managers have been or are about to be deployed to
a number of IDF’s across the network.
Successful applicants from one of the recruitment exercises will be ready for
deployment from mid April 2011, after completing a comprehensive training and
mentoring program.
As of 27 January 2011, two of Leonora’s case management positions will
be occupied on a longer term basis for up to six months. As of 23 February
2011, a third case management position will be occupied for up to six months. It
is expected that the case manager team leader position at Leonora will be
occupied from the current recruitment exercise that is underway and due to be
finalised by Mid February 2011. All Case Management positions in Leonora will
all be occupied on a long term basis by mid April 2011.
The
department’s intent for all Case Management intakes has been that case
managers would be deployed for six months, return to home base, and then be
deployed again.