The Australian Government should introduce legislation to ensure that closed immigration detention is only used as a last resort in circumstances where: a) a person has been individually assessed as posing an unacceptable risk to the Australian community, and that risk cannot be managed in a less restrictive way b) the necessity for continued detention has been individually assessed by a or tribunal, with further assessments to occur periodically up to a maximum time limit. Community alternatives to detention The Commission welcomes the Government’s ongoing commitment to using community-based alternatives to detention where possible, especially for children and other vulnerable groups. The Commission acknowledges that most people have their immigration status resolved while living in the community, rather than in closed detention. During the inspection, however, the Commission became particularly concerned about the circumstances of a number of vulnerable individuals who had significant mental health issues (often resulting from experiences of trauma). The Commission has similar concerns about the situation of people at the BITA who are subject to third country processing in Nauru, given the high prevalence of mental health issues amongst this group. The Commission acknowledges the efforts of facility staff and contractors to ensure adequate care for these individuals. However, the Commission considers that a detention facility is simply not a suitable environment for managing the care of people with significant mental health issues, particularly in light of the negative impact of detention on mental health. The Commission considers that community-based alternatives should be explored for all people in detention, and especially for those who have significant vulnerabilities and health care needs. Ongoing detention should only occur when a person presents an unacceptable risk that cannot be managed in a less restrictive way. As noted in Section 3.3(b), the Commission was also concerned about the circumstances of pregnant women detained at the BITA. The United Nations High Commissioner for Refugees recommends that, as a general rule, pregnant women and nursing mothers should not be detained in immigration detention facilities. The Commission considers that pregnant women should be considered a priority for release into alternative community-based arrangements. The Minister and Department of Home Affairs should routinely consider all people in immigration detention (especially with significant vulnerabilities) for release into alternative community-based arrangements.
The Australian Government should introduce legislation to ensure that closed immigration detention is only used as a last resort in circumstances where: a) a person has been individually assessed as posing an unacceptable risk to the Australian community, and that risk cannot be managed in a less restrictive way b) the necessity for continued detention has been individually assessed by a or tribunal, with further assessments to occur periodically up to a maximum time limit. Community alternatives to detention The Commission welcomes the Government’s ongoing commitment to using community-based alternatives to detention where possible, especially for children and other vulnerable groups. The Commission acknowledges that most people have their immigration status resolved while living in the community, rather than in closed detention. During the inspection, however, the Commission became particularly concerned about the circumstances of a number of vulnerable individuals who had significant mental health issues (often resulting from experiences of trauma). The Commission has similar concerns about the situation of people at the BITA who are subject to third country processing in Nauru, given the high prevalence of mental health issues amongst this group. The Commission acknowledges the efforts of facility staff and contractors to ensure adequate care for these individuals. However, the Commission considers that a detention facility is simply not a suitable environment for managing the care of people with significant mental health issues, particularly in light of the negative impact of detention on mental health. The Commission considers that community-based alternatives should be explored for all people in detention, and especially for those who have significant vulnerabilities and health care needs. Ongoing detention should only occur when a person presents an unacceptable risk that cannot be managed in a less restrictive way. As noted in Section 3.3(b), the Commission was also concerned about the circumstances of pregnant women detained at the BITA. The United Nations High Commissioner for Refugees recommends that, as a general rule, pregnant women and nursing mothers should not be detained in immigration detention facilities. The Commission considers that pregnant women should be considered a priority for release into alternative community-based arrangements. The Minister and Department of Home Affairs should routinely consider all people in immigration detention (especially with significant vulnerabilities) for release into alternative community-based arrangements.