Women in

Immigration
Detention
more questions than answers

August 2005

By Eva Cox and Terry Priest

University of Technology, Sydney

Funded by The Pamela Denoon Trust

for the Womens Electoral Lobby, Australia
Acknowledgments_______________________________________

This paper, researched by Terry Priest, was partially funded by a donation from the Pamela
Denoon Trust. The Trust was established with a bequest from Pamela in 1988. Pamela as a
feminist activist has been sorely missed since she passed away, but this paper remembers her
contribution. She was active in the Womens Electoral Lobby, a national feminist advocacy
group, so it is appropriate that they sponsor this paper.

We also acknowledge and thank all those in the field, workers and advocates, for their
encouragement, support and time. Their input was essential to our understanding how the
system works.

Thanks also to Frances Simmons and Kathy Esson for their time and ideas.
Contents________________________________________________

Abbreviations and acronyms

Conclusions and recommendations 1

Recommendations for change 2

Introduction 5

Part one: Understanding the framework 9

The Immigration Detention Standards and their implementation 10
Monitoring the standards 11
External scrutiny and complaints 12
Human Rights and Equal Opportunities Commission 13
Commonwealth Ombudsman 14
United Nations High Commissioner for Refugees 15
The Immigration Detention Advisory Group 15
Internal complaints procedures 15

Part two: Life for women in immigration detention 17

Addressing female detainee needs 17
Privacy 18
Harassment, violence and sexual abuse 19
Personal hygiene and fertility control 19
Pre and postnatal care 20
Care of infants 21
Child development and maternal wellbeing 22

Conclusions 23

Appendix A: Table of Immigration Detention Standards relating to 24

women
Appendix B: Australian National Audit Office comments on 27
Immigration Detention Standards
Appendix C: Other issues that affect women in the migration area that 31
may result in their detention or deportation
Appendix D: Bibliography of selected references 32
Abbreviations and acronyms_______________________________

ANAO Australian National Audit Office

DIMIA Department of Immigration and Indigenous Affairs
GSL Global Solutions Limited
HREOC Human Rights and Equal Opportunities Commission
IDAG Immigration Detention Advisory Group
IDFs Immigration Detention Facilities
IDS Immigration Detention Standards
IHMS International Medical Health Services
IRPC Immigration Reception and Processing Centres
MSI Migration Series Instruction
PAM Procedure Advice Manual
PSS Professional Support Services
UNHCR United Nations High Commissioner for Refugees
WEL Womens Electoral Lobby
WHO World Health Organisation
Conclusions and recommendations__________________________
The following paper details some of the ways in which Immigration Detention Facilities
(IDFs) are administered and how the system can cover up abuses of the basic rights and needs
of detainees. Any closed system can be mismanaged, even where there is good will and no
wrong intentions. This is particularly likely where the population mix are particularly
vulnerable, where the leadership offers problematic political messages, where the operations
are subject to conflicting views and where there are ineffective external and independent
forms of official and unofficial scrutiny. There is ample material that supports the
dysfunction of the immigration detention system, much of which emerged before recent
official reports highlighting that the system is out of order, and is in fact seriously damaging
to many detainees.

Women are a minority in IDFs, making them vulnerable to failures in recognising their needs.
Apart from the well publicised case of Cornelia Rau, it is likely those who have been
legitimately detained share the same problems, as there is no evidence that standards and
scrutiny are specifically set up in ways to effectively minimise the possibility of abuse and
exploitation.

The following recommendations for change have largely been developed on the basis of the
material collected by the Governments own internal critics. The condemnation of the
Department of Immigration and Indigenous Affairs (DIMIA) regime by the Australian
National Audit Office (ANAO), Federal Court judgements and the Palmer Report, are
powerful indicators of the flaws in the system.1 These all record some of the problems that
suggest it is reasonable to treat all detainees as being at risk of both the malfunctioning
culture of service delivery and systems failures in reporting and monitoring. These official
sources have been validated by and validate the material that we have collected from many
workers and advocates, which make surprisingly similar points.

Many questions arose while conducting our research and we can now see why there are
relatively few satisfactory answers to our question, does being a woman put those tangling
with DIMIA at extra risk? The two women currently in public view were noticed because
they were mistreated despite being Australian residents/citizens but not because internal
systems revealed their problems. They were identified and located because of noises made by
other detainees and their advocates in Cornelia Raus case, and the media in Vivian Alvarez
Solons. This suggests that much more can be hidden if there is not further external scrutiny,
as the current inquiries and actions have only taken place because of the effect of external
revelations of flawed actions. There are aspects of these cases that raise general questions
about the treatment of women by DIMIA that need more information and debate on the
possible additional risks for women in these facilities.

We need to ensure that the women, not covered in these public revelations of DIMIA errors,
are not subjected to extra risks in facilities that have recently been seriously criticised for bad
management practices. Women face similar issues to the men, but women may face others,
such as assumptions about gender appropriate behaviours, prejudices, specific needs relating

1
Quotes and references from the Palmer report have been used throughout this document. A full copy of this
report can be found at www.minister.immi.gov.au/media_releases/media05/palmer-report.pdf
Quotes and references from the ANAO report Part B have been used throughout this document. A full copy of
this report can be found at www.anao.gov.au

1
to contraception, reproduction, mothering, healthcare and possible harassment and violence.2
There were relatively few women in immigration detention in mid July, (106 with 45 children
and 575 men) and those with children were released on special visas or placed in residential
determination arrangements within the community at the end of July. Under the new
arrangements, families will live in the community at a specified address, with reporting
conditions while remaining available to the Department. We do assume however that there
will still be a number of women detained and that new ones will join them3. Therefore, we
need to ensure that those women in detention are not subject to additional risk through the
extreme gender imbalance that this will create.

This paper should be used to put some serious questions on the public agenda about the care
of women in IDFs, and the particular risks they face. While we hope women will no longer
be held in immigration detention at all, we recognise that this is likely. So we would prefer
IDFs that can meet the particular needs of women that are open about how these needs are
met, and are subject to formal, independent processes of scrutiny. The Womens Electoral
Lobby (WEL) hopes this paper is the starting point for debate about the need for a more open,
honest, accountable and transparent system.

Recommendations for change

The Palmer and ANAO reports contain many useful and detailed recommendations that
would improve the operation of IDFs. In particular the ANAO criticisms of the contract
processes with the service provider, Global Solutions Limited, Australia (GSL), reinforced in
the Palmer report, could be used to improve the formal processes of administration and
internal information flows and we welcome the proposals for healthcare providers offered by
Palmer as a part solution to some of the problems.

What neither report deals with specifically is the problems that emerge from the limitations of
external scrutiny and the limited capacity of any external groups to compel DIMIA to
improve or change their processes. For example, the Human Rights and Equal Opportunity
Commission (HREOC), the ANAO, and the Commonwealth Ombudsman have no power to
compel, only to report, and it is then up to DIMIA or the Government to act. Even the new
provisions only involve reporting to backbenchers, but again without power to make changes
without Ministerial or Departmental concurrence. The above reports are also relatively silent
on the necessary public scrutiny required to ensure that even their recommendations are acted
upon. Sadly, many recommendations they make are not new and there are other reports
dating back to the nineties that have been ignored.4

We propose that a two part strategy should be implemented as a matter of urgency. The first
part is to set up forms of external and independent scrutiny with power to intervene to ensure
that the general standards of care are appropriate and the particular needs of women are both
recognised and met; the second is to add some specific women centred Immigration
Detention Standards (IDS) and review the inadequate measures and monitoring of these.

2
These figures have been in a state of flux since it was announced that women and children were to be released
from all IDFs by 29 July. Figures used in this paper are as at 13 July and updated weekly at
www.immi.gov.au/detention/facilities.htm
3
Ours calls to DIMIA at the beginning of August could not confirm how many women were still detained.
4
For example the recommendations made in HREOCs, (1998) Those Whove Come Across the Seas:
Detention of Unauthorised Arrivals, have not been picked up ie that detention is especially undesirable for
vulnerable people such as single women, children, unaccompanied minors, and those with special medical or
psychological needs (r.3.3).

2
The recommendations we make will benefit all IDF detaineesthrough greater effective
accountability. Our first recommendation is for an external authority that can expeditiously
deal with DIMIA problems, where necessary, to protect basic human rights.

1. That the Commonwealth authorise the Federal Magistracy to be the complaints solving
and placement authorising group where disputes occur or peoples status is not able to be
resolved. One in three magistrates on call must be female and detainees should have the
right to ask to see them. They would be authorised to:
a. Review placements of any unidentified people in IDFs within 48 hours.
b. Decide whether any detainee should be put in an isolation centre, closed
behaviour management area or other form of restraint, where this is for more
than three hours at one time and within any seven days.
c. Review the people who are put into the above isolation facilities on a 48 hour
basis to decide whether they should stay there.
d. Review all deportation orders where there are any questions about identity,
citizenship, identity papers and/or residency status before these are
undertaken.
e. Be able to order release of any detainee where they are deemed to be not a risk
to the public and are being negatively affected by detention.
f. Investigate any complaints of harassment or other forms of gender based
assault that is not pursued by police to see if a protection order or some other
action would be appropriate.
2. The Government should implement a scheme with official visitors, independent of
DIMIA or other government bodies, who have weekly open sessions in facilities and a
defined process of public reporting to Parliament on a monthly basis where problems are
raised but are not resolved satisfactorily. These could report to the Georgiou group
initially. At least one third of these visitors must be female and detainees should have the
right to see them.
3. An urgent review by the ANAO of the appropriateness of contracting out the
management of IDFs to private sector organisations and their capacity to further contract
services, to examine whether such extended and complex lines of accountability can
deliver quality services.

The Immigration Detention Standards should be expanded to cover the following:

4. Clear guidelines on privacy and access to female guards and other female workers in the
facilities at all times.
5. Clothing needs and particular modesty requirements as part of routine provisions; on offer
and not requiring special consideration.
6. Direct access and referral to specialist and general medical practitioners and other
paraprofessionals
7. Facilities that allow mothers the privacy and the capacity to fulfil family needs like
preparing food and providing care, if that is their wish.

3
8. The development of procedures and protocols, in consultation with experts, so that
women have access to the following:
a. Gynaecological services and options for fertility control that meet individual
needs and where required are culturally acceptable.
b. Antenatal care including options on birthing and privacy
c. Postnatal care and support that does not assume that mothers possess some natural
care abilities but assesses what support may be needed.
d. Parenting support and care services that recognise the childs and mothers needs.
9. Termination of pregnancy available, if requested, and with full access to counselling to
ensure informed choice.
10. Training for both staff and detainees covering domestic violence, sexual harassment and
assault and also addressing gender and cultural issues.
11. Clear and understood procedures for making a complaint with timely and appropriate
follow up and support.
12. Access to appropriately trained interpreters and translators on request, in particular for
healthcare and legal advice. Family members should not be used in this capacity.

4
Introduction_____________________________________________
The original intention of this paper was to focus on the needs of women asylum seekers who
had arrived by boat and were being held in IDFs in Australia. Over the time we have been
working on the paper fewer of these women have arrived by these means and most of those in
detention have been released, albeit often only on Temporary Protection Visas. During this
time, there has been an increasing awareness that there are other groups of women, often with
children, who are being held in detention because of visa problems, including visa over
stayers, so we expanded our research to examine the situations that all women face in
immigration detention facilities.

On 17 June 2005 the Prime Minister made a statement that the Government:

has decided on a number of changes to both the law and the handling of matters
5
relating to people in immigration detention.

The changes, passed on 24 June, do not fundamentally change the framework of immigration
detention and under the new system our concern is that women will still be detained, though
hopefully not long term. As we finalise this paper, there is a move by the Government to
move all families with children into the community, post haste. While this is obviously an
improvement, it is being done as a response to the above announced changes that do not alter
the system, as these moves are made at the Ministers discretion. We assume the issues raised
in this paper remain relevant as there will still be women in IDFs, now and in the future.

Research on women in institutions and correctional services has often raised issues of the
need for protection of inmates against those with power and authority, particularly when
inmates are from minority groups. Women in immigration detention, like those in prison, are
vulnerable because they live in custodial settings divorced from the general population and
need safeguards to ensure that they are not mishandled or abused. We know that women are
likely to have different experiences from men when they are detained. These may be due to
gendered assumptions about appropriate behaviour and/or tensions relating to expectations
about social roles such as being a wife or mother within different cultural and religious
frameworks. Women also have specific physical and psychological needs that need to be
recognised, including menstruation, gynaecological issues, fertility control, pregnancy and
childbirth.

It is because of evidence of institutional discrimination against women in the broader society

that much work has been done over the past three decades on adapting or changing the way
these are run to accommodate diverse female needs. These range from health and education
services in workplaces and correctional services. While there is still much to be done in many
of these areas, most government funded or government contracted services in Australia have
introduced the necessary mechanisms to examine whether structures and operations treat
women fairly or involve systemic injustices.

One of the major mechanisms in the general population for ensuring that practices are fair
and equitable is the existence of independent monitoring processes and complaints
procedures. Forms of administrative processes, codes and laws have been created to ensure
not only that good policies are developed but that they are actually implemented and

5
www.immi.gov.au/legislation/amendments/index.htm

5
regularly reviewed with the desired outcome for women being that they are free from
discrimination on the grounds of sex, have their rights protected and have avenues of
recourse if they fear that these are being breached. It appears that these mechanisms do not
operate effectively in IDFs.

Immigration detention facilities while they continue to operate, should not be excluded from
these requirements because of their closed nature. The Government claims that in relation to
detainees, it is not its intention to punish people or treat them badly. The IDS stipulate that:

detainees are not subjected to discrimination on any ground, including

race, colour, gender, sexual preference, language, religion, political or
other opinion, national or social origin, property, birth or other status,
or disability.6

It is therefore reasonable that requirements for managing IDFs would have adequate, built in
mechanisms for monitoring and review, as well as managing complaints, to ensure the
Governments claims are met for those in their care. Given the particular dangers of closed
institutions and the vulnerability of some of the detainees, such as unaccompanied women
and children, there could be a reasonable expectation that more than the usual levels of
monitoring, scrutiny and review would be in place. We would expect standards and
monitoring to ensure that womens needs are met without fear of harassment or judgement.

This has not been the case. A series of reports, including ANAO part B and the Palmer report
have been highly critical of both the operations of the IDFs and the contracts that are
expected to determine standards. In their report the ANAO states:

In its assessment of the Contract the ANAO was, therefore, looking for
service standards that articulated the expected level and quality of
service to be delivered by GSL. The ANAO found that DIMIAs
Immigration Detention Standards generally did not meet these criteria.
Among other things, clear and consistent definitions are not provided
for health standards. DIMIA highlights the challenges it has set itself in
evaluating GSLs performance, given the volume of standards to be
met. The number and type of performance information is properly a
matter for departmental judgement. However, when specified,
performance information should be measurable and be designed to
assist the department to manage the Contract, including monitoring
GSLs performance.7

With the Palmer report claiming that:

There are serious problems with the handling of immigration detention

cases. They stem from deep seated cultural and attitudinal problems
within DIMIA and a failure of executive leadership in the immigration
compliance and review areas.8

6
A full list of the Immigration Detention Standards can be found at
www.immi.gov.au/detention/standards_index.htm
7
www.anao.gov.au
8
www.minister.immi.gov.au/media_releases/media05/palmer-report.pdf

6
These are just two examples of the types of criticisms that are raised and confirm our
concerns that there is not appropriate standards and monitoring for all inmates, let alone those
specific to women.

The Palmer report does contain some indicators of potential gender issues as do the ANAO
report, Federal Court judgements and media reports. There has however been no specific
analysis of the material available from a gendered perspective, leaving assumptions about the
ways women are expected to act which impact on their treatment by DIMIA and IDF staff.

In the case of Vivian Alvarez Solon, the Palmer report states that there was an assumption by
at least one worker that she was a trafficked sex worker and this could have affected her
deportation before her identity was verified. This assumption carried both ethnic and gender
stereotyping and may have led to her claims to citizenship being disbelieved. In the case of
Cornelia Rau, there is the question of her reported abusive, uncooperative, prone to
unprovoked violence and disruptive behaviours that led to assumptions of behaviour
disorder. Had she manifested behaviour more stereotypical of feminine distress, rather than
aggressively defending herself, would she have been more easily and properly diagnosed?

The only specific gendered issues raised in Palmer were about Cornelia Raus complaints,
later not signed, of sexual assault and being observed naked in the Red One section by male
guards. Palmer expresses some concern at both these incidents and recommends mandatory
reporting of allegations to police and a gender mix in staff. What Cornelia Raus experiences
in these areas sets up, is what do other inmates, who may not have access to such external
scrutiny, put up with? Do they have access to female guards in relevant situations? We know
they dont sometimes. Can we assume they use the complaints mechanisms in closed
institutions where they will continue to have close contact with the guard or other inmate
about whom they have complained? The relative dearth of such complaints emerging to
HREOC or police, suggests that expected results of high stress environs of such facilities are
probably being systematically under reported. The complexity of process and time taken to
resolve many complaints also make these systems inappropriate to solve current problems.

Again, Cornelia Raus difficulties in accessing appropriate medical care are now well
documented and show the real flaws in the system. While the IDS are explicit that womens
needs for health care and cultural diversity are to be appropriately met, there are gaps in the
standards specifying these. We have heard stories about forced birth processes and lack of
choices, poor access to medical practitioners and being accompanied at all times by guards
when attending these. There are also questions about womens ability to access contraception,
adequate pre and postnatal care, terminations if required and a range of other aspects of
specifically female medical needs that are not addressed in the IDS.9

There have also recently been other cases reported in the media including Virginia Leong and
her daughter Naomi from Villawood Detention Facility, and a report of a woman being
sexually assaulted by other inmates, that have brought the treatment of women in detention to
the publics attention.10 These cases raise questions about the very foundations of the

9
A table of Immigration Detention Standards relating specifically to women can be found at Appendix A
10
http://smh.com.au/articles/2005/07/18/1121538922275.html This article is based on a leaked interim report
which has just been completed on an incident that allegedly occurred a couple of years ago. The process is not
yet complete as comments from DIMIA and GSL are being sought. This illustrates both the complexity and
slowness of this particular procedure.

7
detention system, including how individuals in detention are identified, particularly when
they may be vulnerable due to mental illness, trauma or language difficulties.

There is considerable research into women and health care problems in the community which
can be assumed to be more problematic in closed institutions. While specifying standards in
some of these areas would improve the present system, this is not enough to ensure
compliance. The ANAO report is particularly scathing about the contract and the
performance indicators that DIMIA requires from GSL who run the facilities for them.
Global Solutions further contracts out some services, including healthcare, to other providers,
thus stretching the lines of accountability further. Global Solutions is expected to report its
own breaches that incur the fines they have to pay. The ANAO and other critics have pointed
out the basic absurdity of this process!

There are therefore strong signs that more effective monitoring be carried out by DIMIA and
more importantly, that there be external reviews on an ongoing basis. Another point to
seriously consider is whether contracting out such services to private providers can ever
ensure enough accountability. Direct government provision is open to more effective scrutiny
as there is no commercial-in-confidence constraint on access to material.

8
Part one: Understanding the framework_____________________
Who is responsible for managing Australias IDF and delivering services, and what is in
place to monitor and protect the care, safety and wellbeing of those detained?

In the context of immigration detention, the Migration Act 1958 (Cth) (the Migration
Act) delineates the framework for Australias immigration detention policy, the
Department of Immigration and Multicultural and Indigenous Affairs (the Department
or DIMIA) is responsible for executing that policy, and the Federal Courts and other external
bodies are responsible for review. However, the Migration Act must operate in concert with
State legislation regarding child welfare, amongst other legislation, and the
Department should therefore cooperate with State child welfare bodies, education
authorities and other State agencies11.

On 27 August 2003, GSL signed a contract (parts of which are Commercial in Confidence)
with DIMIA on behalf of the Commonwealth Government, to operate all Australian IDFs and
Immigration Reception and Processing Centres (IRPC).12 The contract is initially for four
years, with an option of a further three years. As part of their contract, GSL are unable to talk
publicly about their policies and procedures though their website includes information
stating:

mandatory detention is not imprisonment. The critical difference is the

absence of punishment. Detainees are part of an administrative process
to determine their status: there is no question of punishment. Inside the
perimeter of the centres, detainees enjoy relative freedom and the
presence of families and single persons of both sexes makes the centres
very different from prison.

It is a sensitive and complex contract, and GSL must comply at all

times with the Immigration Detention Standards in performing its
obligations. The company is rigorously monitored. Extensive training
prior to starting their employment and then throughout their careers
ensures that management and staff fully understand their
responsibilities under the contract and the unique nature of
administrative detention.13 (Our italics and bold)

GSL has the capacity to subcontract key services, creating a range of levels of accountability,
that could only enhance the possibility of breaches without proper processes of monitoring
being in place. The current subcontractors to assist in the provision of healthcare services are
International Medical Health Services (IHMS) providing general medical services, and
Professional Support Services (PSS) providing psychological care services. It was recently
cited in the Federal Court Case S v Secretary, Department of Immigration & Multicultural &
Indigenous Affairs [2005] FCA 549, dealing with an incident at Baxter IDF, that the
subcontractors at this site also subcontract services, and evidence was given to support the
notion that no formal auditing process of any of the subcontractors had taken place till

11
This is the section of DIMIAs website that deals with matters of immigration detention
www.immi.gov.au/refugee
12
A copy of the contract can be found at www.immi.gov.au/detention/group4/index.htm
13
Global Solutions Limited, Australia, website www.gslpl.com.au/gsl/contracts/contracts.asp

9
January 2005, and that this audit did not include all services. If GSL has its own monitoring
system for subcontractors, our inquiries found that these are not publicly available. The case
hinted that this scrutiny may take the form of monthly subcontractor meetings.14

The Immigration Detention Standards and their implementation

Part of the framework and the basis of the contract with the service provider are the IDS,
listing 148 standards and 243 measures, covering things such as duty of care, care needs,
education, religion, security and order and complaints mechanisms15. The DIMIA website
states that the IDS were developed by DIMIA in consultation with the Commonwealth
Ombudsmans Office and HREOC. In the Report on Visits to Immigration Detention
Facilities by the Human Rights Commissioner 2001, the Commissioner accepts that the
standards are consistent with those international obligations which Australia has accepted,
however:

remains concerned that they fall short of minimum human rights areas in
some areas, including compliance measures.16

The IDS do not prescribe what a facility must do to meet them, though form the underlying
principles and relate to the quality of care and quality of life that should be expected by
detainees. These standards have often been accused of being unclear and ambiguous. The
recent audit by the ANAO concluded that the IDS did not articulate the expected level and
quality of service to be delivered by GSL and among other things, clear and consistent
definitions are not provided for health standards.17

Along with the IDS, the only published accessible rules and procedures for delivering
detention services are the Procedure Advice Manuals (PAMS) and Migration Series
Instructions (MSIs)18. These however, were difficult to locate, with only samples being
provided on DIMIAs website. These serve as a guide for departmental officers and
specifically address the administration of migration law. The key points noted in the readers
guide are:
It is primarily a companion to the Migration Regulations 1994
Its main purpose is to annotate migration legislation providing both policy and procedural
instruction relevant to the legislation
It is written to be read with the legislation
Although the term guidelines is generally used to describe the content of PAM3,
documents, PAM3 documents are DIMIA policy/procedural documents, with status as
official departmental instructions within DIMIAs centralised policy instructions system.

In 2003-04 the ANAO undertook Part A of a performance audit on the management of

detention centre contracts. Part B to this report has just been released and examines
DIMIAs management of the contractual arrangements for the delivery of detention services

14
Federal Court Case 549 www.austlii.edu.au/cases/cth/federal_ct/2005/549.html.
15
www.immi.gov.au/detention/standards_index.htm
16
Page 6 www.humanrights.gov.au/human_rights/idc/index.html
17
www.anao.gov.au
18
Commenced in September 1994 and deal with matters relating to migration series legislation that cannot be
put straight into PAM. Both PAMs and MSIs can be found in full on some library databases including
www.lexisnexis.com

10
and related performance measures (the audit did not separately examine the outcomes of the
detention program, nor the inherent quality of the services provided).19

The ANAO report is highly critical of these standards as already covered in the introduction
to this report. The quotes below are other examples of their views and the intractability of
DIMIA to suggestions for changes:

The ANAO examined a selection of the standards/measures and identified

a number of limitations that would affect their usefulness in assessing
contractor performance. Similar issues were identified in ANAO Report
No.54, 200304 (Report No.54) and have previously been raised in a
Management Initiated Review undertaken by the departments internal
auditors in March 1999.

In its examination of the IDS and performance measures contained in the

Contract with the previous detention services provider, the ANAO stated
that the IDS used ambiguous language [and] many of the performance
measures did not specify a target that needed to be achieved or articulate
the method of assessment. The report also stated that the IDS described an
activity and therefore, it is not possible for DIMIA to measure [the
detention services providers] progress against a pre-determined standard.20

Monitoring the standards

When standards are legislated or contractual, there is usually regular review of these to
ensure compliance. Rather than DIMIA actively enforcing a standards system, the monitoring
of GSLs compliance with its contractual obligations and standards is carried out by both
GSL staff onsite, and DIMIA staff on and off site. The IDS include standards on monitoring
and reporting (9.1) that in summary state that the service provider monitors on a continuous
basis against the IDS, and that all breaches and incidents are reported to DIMIA. The IDS set
out what are classified as minor, major and critical incidents. If breaches occur and are
identified, DIMIA will issue the provider with a notice of sanctions.21 The incident reports
supplied by the provider to DIMIA are confidential and the form and frequency of monitoring
by DIMIA could not be sourced and there are no published accounts on what is assessed or
found. The performance measures included in the IDS are general in nature and again, based
on information provided by the service provider.

The ANAO report is critical of the above processes. The section, Contract Monitoring states:

DIMIA has adopted an exceptions-based approach to assessing the

performance of GSL, whereby the focus of monitoring arrangements is the
reporting of Incidents. The department assumes that detention services are
being delivered satisfactorily at each immigration detention centre unless
the reporting of an Incident (or repeated Incidents) highlights a problem.

While assessment by exception enables DIMIA to identify extremely poor

quality service delivery, there are two weaknesses with this approach. First,
at a number of points in the monitoring and reporting process, DIMIA
officials exercise considerable discretion as to what is reported. Secondly,
the lack of clarity in the performance standards and measures in the

19
www.anao.gov.au
20
www.anao.gov.au
21
To date, these are reported to add up to more than half a million dollars.

11
 Contract itself means that it is not possible for DIMIAs staff to assess the
ongoing performance of the Services Provider objectively, based on the
performance reporting.22

This is followed further on by:

DIMIA advised that it is not possible to define these requirements in

simplified ways, and that it was a misconception that services, standards
and reporting can be simply and inflexibly stated. The ANAO considers
that, although sometimes difficult, it is important to clearly define service
requirements and standards to ensure there is a common understanding of
the services required. The number of standards and performance measures
included in the Contract is properly a matter for departmental judgement
but, when specified, they should be able to be reliably measured.

The overall picture of accountability is dismal and raises major questions on whether the
system can be effectively changed to at least do what it claims to do. While the ANAO has
not listed every standard and measure from the Contract or commented on each of them, the
comments made apply to the majority of the performance information listed in Schedule 3.
Overall, the issues are that:

there is a large number of standards and related measuresthis makes

it difficult to manage and interpret the information in a systematic and
cost effective way;
terms such as timely, appropriate, relevant, adequate and as soon
as possible are used in the standards and/or measures and are not
defined to allow their assessment;
the standards contain conditions and provisos that would make it
difficult to prove, that the standard should have been met in a particular
instance and would therefore negatively impact on application of
sanctions;
many standards could only be assessed by experts rather than by
general administrators; and
evidence to substantiate whether standards had been met or not would
be difficult to collect and/or prove.23

Similarly in recommendation 7.7, the Palmer report states that the contract be reviewed and
specifically:

develop, in consultation with GSL a new regime of performance measures

and arrangements for their continued monitoring that are meaningful and
add value to the delivery of high quality services and outcomes.24

External scrutiny and complaints

One attribute of most Australian Government organisations, is the requirement that they face
scrutiny by Parliament and other external organisations in administrative law and human
rights compliance. While the standards suggest that DIMIA facilities are to comply with
national and international requirements, there are considerable difficulties in activating such

23
Some ANAO comments on specific standards can be found at Appendix B
24
www.minister.immi.gov.au/media_releases/media05/palmer-report.pdf

12
scrutiny. The external bodies that detention services are subject to scrutiny from to ensure
that detainees are treated humanely, decently and fairly, are listed as HREOC, the
Commonwealth Ombudsman, the United Nations High Commissioner for Refugees
(UNHCR) and the Immigration Detention Advisory Group (IDAG).25 Although these bodies
have the capacity to review and report, their primary function is to receive and act on
complaints. None have the power to compel the government to act on their recommendations
and all are government bodies. Under the circumstances, it is most significant that some of
these bodies have been highly publicly critical of IDFs and interesting to note that DIMIA
and the Government have not been keen to take up the issues and change the processes with
any alacrity.

Human Rights and Equal Opportunities Commission

When dealing with complaints the HREOC Complaints Line confirmed that detainees use the
same process as other complainants. If the complaint is not amenable to conciliation or if no
agreement is met, then pursuant to the Human Rights and Equal Opportunities Act 1986 the
Commission can provide a report to the Minister. From 1996-2005, 10 reports of this kind
have been received dealing with a range of issues such as:
Practices inconsistent with or contrary to human rights in an immigration detention
facility
Visa issues
Transfer from immigration detention to State prisons
Adequacy of medical treatment
Separation into management blocks.26
If these complaints cannot be successfully conciliated, the Commission may report on them
to the Attorney General who tables each report in Parliament.

The Human Rights unit of the Commission has published two significant reports on
immigration detention from October 2002 till May 2004.27 They have also been a major critic
of the IDFs as breaching the rights of children in detention. Yet until the latest efforts of some
backbenchers, no formal action was taken on these complaints. While many asylum seekers
families were released, other children were held because of parental visa breaches.

In a media release post the release of the Palmer report, Dr Sev Ozdowski, the Human Rights
Commissioner, welcomed the findings and recommendations of the Palmer Inquiry and stated
amongst other comments that:

The report of Human Rights Commission's Inquiry into Children in

Immigration Detention, 'A last resort?' was tabled in Federal Parliament in May
2004. It highlighted mental health issues as the most serious breach of
Australia's international obligations under the Convention on the Rights of the
Child. It found that children in detention for long periods are at high risk of
serious mental illness. In particular, the Inquiry found that the Immigration
Department's failure to implement the repeated recommendations to release
children suffering from mental illness amounts to cruel and inhumane
treatment under article 37(a) of the Convention on the Rights of the Child.

25
www.immi.gov.au/detention/scrutiny.htm
26
www.humanrights.gov.au/human_rights/index.html
27
See Human Rights Commission at Appendix D

13
The ANAO report on the same theme concludes with the following:

However, notwithstanding the changing of the guard at DIMIA, HREOC still

believes that Recommendation 4 of 'A last resort?' namely that Parliament
should codify in legislation the minimum standards that should apply to
immigration detention standards with respect to children, should be widened to
cover all immigration detainees and should incorporate every aspect of
departmental interaction with its clients. "This could also include a review of
the perceived shortcomings of the contract between DIMIA and the detention
centres' service provider.28

These comments indicate what little power or influence such bodies have to enforce change
on government policy. Government Ministers and their departments often choose to ignore
such criticisms and have done so in the present case.

Commonwealth Ombudsman
Detainees have the right to comment or make a complaint about any matter relating to the
conditions of detention directly with the Ombudsman. The role of the Commonwealth
Ombudsman is to assess, make preliminary inquiries, decisions and recommendations on
complaints from detainees that fall into their jurisdiction. Occasionally they will take a
proactive rather than a reactive approach if systemic issues are evident. Although only having
recommendatory powers, the Commonwealth Ombudsman has a great deal of influence. In
2002-03 a review was conducted by the Commonwealth Ombudsman into the standards and
complaints systems that identified a range of concerns about how IDFs were being managed
and how their performance was being monitored by DIMIA. A report was planned but due to
a change in the detention service provider and the closure of some IDFs, the information was
put to other uses, namely a consultation with DIMIA regarding contractual conditions with
the new provider, and information to the ANAO for its audit of detention centres conducted
during 2003-04. Information in the Commonwealth Ombudsmans Annual Report 2003-04
stated that Ombudsman staff visited detention facilities regularly throughout the year. There
are no figures available as to the regularity of these visits.

In the period the most common complaints (95 from between January and June 2004) were
related to access to medical and dental care; lost or stolen property and assault by detention
centre staff and other detainees. The report states that complaints often relate to day-to-day
experiences and are difficult to resolve given the limitations of the detention environment.
The report concludes that the number of complaints regarding assault were of continuing
concern, especially the:
confusion over where allegations of assault should be reported, and
delays in reporting allegations to police.
It was recommended to DIMIA by the Ombudsman that posters summarising the complaint
management process should be distributed and displayed and information cards outlining the
steps to take in case of assault should be provided to all detainees by 2004-0529. A
conversation we had with the office stated that they were still working with DIMIA on this
recommendation, though when visiting centres they did check that there was appropriate
material visibly displayed. Again there is evidence that the Office has had some influence on
DIMIA but not that its recommendations are expeditiously implemented.

28
29
This information was extracted from the Ombudsmans Annual Report 2003-04. See Appendix D

14
United Nations High Commissioner for Refugees
The UNHHCR was established on 14 December 1950 by the United Nations General
Assembly. The agency is mandated to lead and coordinate international action to protect
refugees and resolve refugee problems worldwide. Its primary purpose is to safeguard the
rights and wellbeing of refugees. It strives to ensure that everyone can exercise the right to
seek asylum and find safe refuge in another State, with the option to return home voluntarily,
integrate locally or to resettle in a third country.30

This group has visited Woomera at least once and sets some standards which can be read in
various ways. The Government claims it does conform but others dispute this claim. Like all
United Nations bodies, it has no power to demand compliance.

The Immigration Detention Advisory Group

Although listed as part of the external scrutiny of IDFs, the Immigration Detention Advisory
Group (IDAG) was formed in February 2001 to provide advice to the Minister and DIMIA on
the adequacy of services, accommodation and facilities at IDFs, and as its title infers, its
function is purely advisory. Membership is comprised of a number of individuals with
interest or expertise in immigration matters and members have the right to visit facilities at
any time without prior warning and are free to talk to staff, detainees and representative
committees.31 Since its creation this body has issued no public reports of any kind. It is
difficult to find out what they have discovered, what recommendations have been made, or
whether or not they have been implemented.

While the members are obviously well intentioned and have some expertise, they have no
resources to implement formal inquiries. Most have other workplace responsibilities, so do
this part time and the reporting processes are informal and internal and cannot be seen as part
of serious official monitoring processes, rather as problem solvers for individual problem
solving. They have no official power and are dependent on the Minister and the implied
power of that connection for any implementation of requirements.

Internal complaints procedures

There also needs to be a serious review of how the complaints processes operate in practice.
The IDS state that detainees must be informed of their rights and be able to comment on or
complain about any matter without hindrance or fear of reprisal. The IDS claim that
complaints can be made to the service provider about any aspects of the conditions of
detention, and where necessary to HREOC and the Commonwealth Ombudsman. In the case
of criminal matters, they state that detainees can go to the police and to relevant state
agencies in cases such as child abuse. The very limited numbers of complaints that can be
identified as having been made compared to the numbers of detainees and some of the
questions raised once they have been released, suggest that the system is not working.

Most government bodies register the number of complaints and their progress and outcomes,
but such data is not readily available in the case of detention facilities. As there are financial
penalties for breaches, it could be expected that staff would not be encouraged to report
complaints and make them official. Facilities claim information on how to make complaints
is available but whether it is displayed prominently and forwarded to the appropriate agency

30
www.unhcr.org.au/basicfacts.shtml
31
Current members and more information at www.immi.gov.au/detention/idag/

15
in a timely manner is not clear. There is no transparency on behalf of DIMIA in terms of
reporting the numbers of complaints, the kinds of complaints made and the ways in which
complaints are handled.

The IDS state that detainee committees must be formed in each facility, comprising
detainees, management, and community members, so that complaints can be aired. These
committees have not been mentioned elsewhere and no resources for these have been
included in any public reporting, so presumably these do not exist or have little effect on the
functioning of facilities.

16
Part two: life for women in immigration detention _____________
The Department of Immigration and Indigenous Affairs website states that the Government is
committed to meeting the special needs of women and children in immigration detention.
While there is limited hard evidence to support the systemic ill-treatment of women, the IDS
and associated guidelines of DIMIA are relatively quiet when it comes to addressing their
needs.32 The website also suggests that women and children should be detained only as a last
resort, a point reiterated by the Australian Government in its recent policy revision in relation
to detention, and used by the HREOC in the title of their report into their inquiry of children
in immigration detention in 2004. Until July 2005 the number of women detained confirmed
that this principle was not put into practice. As at 13 July 2005 there were a total of 106
women and 45 children being held in IDFs across Australia:
Villawood IDC (65 women and 22 children)
Maribyrnong IDC (15 women and 1 child)
Baxter IDF (14 women and 3 children)
Port Augusta RHP (9 women and 16 children)
Christmas Island IRPC (3 women and 3 children).
Perth IDC (0). 33

These women formed a small percentage of Australias total population of detainees (726).
Approximately 75% of detainees arrived in Australia with a visa and have been detained as
the result of compliance action by DIMIA. The majority of these detainees are not seeking
asylum.

Our brief was to look at operations from a feminist perspective and our research has asked
people connected with detainees to identify possible and actual problems, and for us to find
whether there is any evidence to suggest that these are being considered or acted on. We
relied on making inquiries to public offices, sourcing available written reports and media
material to achieve this.34

Our questioning has been confirmed by the Governments own reports and their actions in
recently removing most women with children from facilities, however, without changing
policy. The material that follows applies to those women still in detention facilities and any
future detainees while current policies remain in force.

Addressing female detainees needs

There are several reasons why it is important to understand how the needs of female
detainees may differ from those of male detainees. First, there is the fact that there are
relatively few women in detention and so they may be overlooked. There are the obvious
physical aspects of health, personal care and reproductive functions. There are issues of
personal space, privacy, safety, and freedom from fear and harassment. There are also
particular issues about the care of infants and children, and differences in social, religious and
cultural needs to consider. As we have no access to incidents reports or even basic data on
how many babies are born and how, we have had to rely on conversations with those who

32
See appendix A for standards relating specifically to women
33
updated weekly at www.immi.gov.au/detention/facilities.htm
34
Our resources did not include the possibility of extensive, formal or in depth quantitative or qualitative survey
work.

17
have had direct or indirect experience in these areas. However, there have been some media
and submission accounts that have helped frame our questions.

While defined health and personal care standards are common to most institutions that are
funded by the Australian Government to care for individuals, you could safely say that they
are not being effectively implemented in detentions facilities. The contractual obligations
with GSL, specifically state that the:

respect for and dignity of immigration detainees is to be observed and

maintained in culturally, linguistically, gender and age appropriate ways.35

There is no way of us measuring the statement above, though anecdotal evidence and reports
from the media and other groups suggests some of the needs of women detainees have been
neglected by the provider and DIMIA. It has become apparent through our research and
articulated through workers that many detainees personal care needs are only met through
regular visits and support from outside.

Privacy
The IDS 1.4.2 (Privacy) states that each detainee should be able to undertake personal
activities such as bathing, toileting and dressing in private. How can we be assured that the
basic principle of privacy is met? As we have no way of knowing how many breaches of
privacy occur (incident reports are the Australian Governments confidential information) we
are left to rely on media reports. ABC online reported on 4 June 2005 that the Immigration
Minister admitted that due to operational requirements and staffing rosters, that the
supervision of female detainees by female officers could not always be guaranteed. This was
raised as an issue due to an allegation earlier in the year of women being seen in the shower
and toilet of the Management Support Unit of Baxter IDF by male officers.36 This same issue
was also raised in the case of Cornelia Rau.

Standard 7.1.1 is there to ensure that the number and mix of the staff in a detention facility
are appropriate to the delivery of services in an administrative detention environment and
take into account the number and profile of the detainee population.37

The operation of this standard was criticised in the Palmer report in one particular facility
citing that:

The arrangements governing surveillance of female detainees in Red

Compound and the Management Unit at Baxter are unacceptable.
Contract requirements should insist that in all but emergency or
extraordinary circumstances, surveillance of female detainees should
be done by female officers. ANAO points out the standard just says
where practicable which is not good enough.38

35
A copy of the contract can be found at www.immi.gov.au/detention/group4/index.htm
36
ABC online www.abc.net.au/news/newsitem/200506/s1384487.htm
37
www.immmi.gov.au/detention/standards_index.htm
38
www.minister.immi.gov.au/media_releases/media05/palmer-report.pdf

18
Harassment, violence and sexual abuse
There are many tensions that can arise in a custodial environment such as a detention facility.
There are single women and men, families and people from a diverse range of cultural and
religious backgrounds, all locked up behind the same walls with little to occupy their time
except anxiety about the future. Anecdotal and some reported evidence suggests that
harassment and violence are commonplace in IDFs and it was stated to us that domestic
violence is often a consequence of the detention environment. It was alleged in a
submission to the Palmer Inquiry from the Rau family that Cornelia Rau may have been
abused during her 10 months in detention.39 While this was not followed up by Rau, it was
also not reported to the police, which Palmer found unacceptable, as it suggested that this
type of complaint was not taken seriously.

We know very little about cases of harassment or abuse against women in IDFs. Though we
do know that there is generally no use of the Sex Discrimination Act by women in
immigration detention; that very few, if any complaints of this nature are made to HREOC;
and that the Commonwealth Ombudsman has continuing concern for the number of
complaints re assault generally. So in the absence of any detailed information it is realistic to
ask the questions:
In the case of possible issues of harassment, discrimination and sexual abuse, how are
female detainees informed of the laws governing sexual assault and their rights?
What strategies are in place to protect women from sexual assault?
If an incident occurs, how is it dealt with? (The IDS classify a sexual assault as a critical
incident which means that it is required to be reported orally immediately, no later than 1
hour after the incident, and a written report provided to the DIMIA within four hours).
What is the performance measure on this?
Are complaints/reports of sexual harassment and sexual assault common? Although there
are avenues available for a complaint to be made directly to external authorities, this does
not seem to be occurring, and
What sort of post-incident treatment is provided for those who have been harassed or
abused?

Personal hygiene and fertility control

Standard 2.2 (Care needs) could be assumed to cover the provision of items such as tampons
and menstrual pads, but there is no direct mention of these and there are many stories that
suggest that these are not easily obtained and that in many cases female detainees are placed
in the situation of having to request such items from male officers, causing great
embarrassment and suggesting this is not properly accepted as important to the privacy and
dignity of women detained.

A search on DIMIAs website found evidence that each IDF is required to ensure that female
detainees are provided with sanitary products in the most discreet manner possible. This
information may still be pertinent, although it dates back to the contractual obligations that
the Government had with the previous service provider, Australasian Correctional
Management. The information on the site states that each facility has their own arrangements
according to layout, composition of staff and detainee population.40 Questions needing
answers are:

39
www.abc.net.au/lateline/content/2005/s1380529.htm
40
www.dimia.gov.au/detention/sanitary.htm

19
 How/when are the female population made aware of the arrangements for receipt of such
products?
What happens if there is no female officer on staff?
What happens if a larger quantity than what is specified is required?

Some obvious solutions could be that these products be freely available, 24 hours a day from
either a female officer or female nurse on duty. Or alternately, these products could be stored
in a communal cupboard in the compound, making requests unnecessary and therefore
protecting the privacy of the detainee.

A similar search on contraception brought no results. Anecdotal evidence suggests that

condoms are available in some facilities. Many women in detention are unable to use
standard forms of contraception for cultural or religious reasons, but clearly contraception
should be available to those who can or may choose to avoid pregnancy and practice safe sex
while they are incarcerated. Assuming that contraceptive advice is sought, do female
detainees have the right to discuss their options with female medical staff and at what price is
contraception available?

Pre and postnatal care

Since the release of women with children from IDFs at the end of July, it is hard to know
what the future holds for women coming into the system. We hope that they will not have to
continue to experience their pregnancies and births while detained but in the absence of any
clear policies we cannot assume that this will not be occurring.

Women who are detained should be able to experience births according to established
standards for good practice. The National Inquiry into Children in Immigration Detention by
HREOC in April 2004 received evidence that communication difficulties in pre and postnatal
care, including lack of access to an interpreter, were problematic in one case raised where a
woman was unclear about why she had had to undergo a caesarean. She alleged that she was
not full term and not in labour; that she had no regular access to an interpreter and only phone
access upon medical request; and was supervised 24 hours a day by IDF staff during her 20
day stay. The Minister at the time did not refute the claims and DIMIAs response was that:

the responsibility for communication and interpreting on medical

treatment while in hospital lies with the State Authority41.

If the responsibility does lie with the state authority (which we have been unable to confirm),
is there a Memoranda of Understanding or any other agreement between DIMIA and relevant
State and Territory Agencies to cover such incidents and ensure that the fundamental
standards of duty of care are not breached?

The standard covering pre and postnatal care states detainees should have access to pre and
postnatal care, and that births should take place in a hospital outside the detention facility42.
There is no further detail concerning choice of birth support, choices about birth process,
scheduled pre and postnatal visits or regular screening. Our conversations have suggested that
when women go into labour they are accompanied to the hospital by a guard/s who stays on
the hospital premises (often outside the door) till the women is ready to be taken back to

41
Page 502 www.hreoc.gov.au/human_rights/children_detention_report/index.html
42
See appendix A for immigration detention standards relating specifically to women

20
detention. In most cases, husbands are not allowed to accompany wives (although there do
appear to be concessions made for particular cases such as the recent birth of a boy in Perth
whose parents were both transferred from Christmas Island), and that pre and postnatal care
services are not easily or readily obtained once back at the facility. What raises concern about
these practices is that they could easily place a woman and/or her newborn at risk, by what
appears to be policy determined by logistics, security and cost, rather than the pre and
postnatal care needs and/or preferences of the women concerned.

Most of our questions about pre and postnatal care remain unanswered as there is not much
information on the public record. Conversations with midwives have given us some basic
understanding that standard procedure on the outside, sees women start undertaking regular
visits to a hospital monthly from16-28 weeks, then fortnightly till 36 weeks and then weekly
till the birth. The questions we pose in the absence of any detailed reports or data are:
What is the frequency of visits by specialist nurses or midwives to detention facilities?
Is a woman allowed to attend prenatal visits at the hospital that she will eventually give
birth?
What is the schedule of visits provided for women in detention?
In cases where pregnancy and birth are not straightforward, are women provided with
specialist obstetric services?
Can women choose alternative models such as birth centres?
Does access to services as stated in the standards include birth classes?
Are translators provided for pre and postnatal visits and during childbirth?
Are detainees given the correct information for informed consent to medical procedures?

Care of infants
Some children have been born and until recently, continued to live their early lives in IDFs.
And while the framework that allows the mandatory detention of children is still in place, we
need to continue to raise questions about what access women have to items needed for the
care of their infants and children and how easily they are obtained.

Standard 2.2.2.3 (Food and beverages) allows for the provision of milk to all infants and
children at all times, but fails to mention other provisions such as formula, dummies, bottles
and nappies.43 The standards do not deal with questions of care and bonding and maternal
capacities to choose how one mothers.

Pursuant to standard 2.1.2 (Detainee property) certain personal items cannot be retained by
detainees. Mentioned in the standard are money, valuables, documents, and particular items
of clothing and other personal effects. A comprehensive list could not be obtained though
discussions revealed that cameras were included on this list. Does this mean that if a baby is
born in detention that parents are unable to take photos? Is the only photo a mother has of her
child the passport size photo taken at the childs birth for identity purposes?

There are many stories about the problems women faced trying to establish good
relationships with their new infants. The stresses of the detention environment combined with
lack of access to support, information, provisions and services has resulted in some women
suffering undue pressure in attempting to establish good relationships with their babies.

43
See Appendix A for immigration detention standards relating specifically to women

21
Child development and maternal wellbeing
On 12 May this year, HREOC issued a media release stating that:

our immigration detention system is creating tragic and unnecessary costs

both to individual detainees and the Australian community at large.44

HREOCs National Inquiry into Children in Detention, which reported numerous and
repeated breaches of the human rights of children in IDFs, was tabled in Parliament over 12
months ago, with the major findings and recommendations being rejected by the Government
and referred to as backward looking.

Since then, there have been constant media cases of the wrongful treatment of women and
their children in facilities across Australia. The recent case of Virginia and Naomi Leong has
demonstrated what some of the effects of long term detention have on both mother and child.
The Sydney Morning Herald reported on 24 May 2005 that numerous psychiatric reports over
three years had shown that Virginia had been suffering from severe depression and that her
three year old daughter Naomi, who was born in detention, had been banging her head
against the wall, was uncommunicative with other children and had become mute, listless and
unresponsive.

The IDS clearly state that the special care needs of detainees with psychiatric or
psychological issues should be identified, assessed and responded to. GSL are required to
provide evidence on a monthly basis of any detainee who may be at risk. If these reports were
provided to DIMIA in the case of Virginia and Naomi, why did it take so long for them to be
let free?

Again, the lack of transparency in the management of IDFs means that we are left with more
questions than answers. Since the release of women with children last week, the question we
are now left with in terms of child development and maternal wellbeing is, how are split
families going to cope and what support will they be offered for dealing with being
separated.45

44
Enough is enough time to review immigration detention www.hreoc.gov.au/media_release/2005/17_05.html
45
Split families refer to those where children may be out of detention but the parent is not. An example is a
mother in Villawood IDF, with three dependent teenage children on Bridging Visas Es living in the community
with their aunt.

22
Conclusions______________________________________________

Democracy depends on the free flow of information and the vigilance of both the population
and our elected representatives to ensure that government services conform to both legal
requirements and decency. If this does not occur governments lose trust and legitimacy.
There has been considerable disquiet expressed by a wide range of people from across the
political and public spectrum about the Governments management of IDFs.

One attribute of most Australian Government agencies is the requirement that they face
scrutiny by other organisations in administrative law and compliance. While the standards
suggest that DIMIA facilities are to comply with national and international human rights
requirements, there are considerable difficulties in ensuring this happens and in activating
effective scrutiny.

Some important ways of determining if standards are being met in detention facilities is the
existence of and easy access to adequate complaints mechanisms, impartial and external
monitoring and independent reporting of conditions and services. Here, there appears to be a
major chasm between what exists on paper and what actually happens. The notion of
detainees being able to complain without fear of reprisal is meaningless if measures to protect
their interests are lacking. This is especially so where people come from a range of religious,
cultural and linguistic backgrounds, and where gender issues may also intervene. There are
no official visitors to detention facilities (unlike the case with prisons). There are no formal
detainee advocates in detention facilities (unlike the case of patient advocates in hospitals).
The media have had serious difficulties in accessing detention facilities, detainees and the
people who work there.

The recommendations in this submission would improve our capacity as citizens and voters,
as well as officials, to ensure that what is supposed to be done, is done, and that facilities
comply with basic human rights and decency. No democracy can claim legitimacy if it fails
to remedy its own system that creates injustices.

23
Appendix A Table of Immigration Detention Standards relating
to women________________________________________________
There are ten parts to the Immigration Detention Standards covering for example, education,
communication and visits, security and order, and staff. A full list can be found at
www.immi.gov.au/detention/standards_index.htm. We have chosen to list the ones that either
specifically relate to women or may affect them differently. There are many obvious gaps.

1.4.1 Dignity
1.4.1.2 Detainees are not subjected to discrimination on any ground,
including race, colour, gender, sexual preference, language, religion,
political or other opinion, national or social origin, property, birth or
other status, or disability.

1.4.2 Privacy personal and information privacy

1.4.2.1 Each detainee is afforded as much personal privacy as is reasonably
practicable; in particular, each detainee can undertake personal
activities, such as bathing, toileting and dressing in private

2.1.4 Allocation of accommodation, including in separation detention

2.1.4.2 To the extent practicable and subject to the good order and security
of the detention facility and the safety of all those within it, detainees
have access to accommodation which recognizes the special needs of
particular groups, including but not limited to families,
unaccompanied minors/women/men and persons who are ill and/or
have a disability.

2.2.1.3 Individual health

2.2.1.3.3 Detainees have the opportunity to be examined by a medical officer
of the same gender, if they so wish and as far as practicable.

2.2.1.4 Hygiene personal

2.2.1.4.2 Detainees have access to information, services and safe secure
facilities appropriate to their age, gender, family circumstances,
linguistic/cultural background and physical/mental disability to
enable them to maintain their personal hygiene.

24
2.2.1.5 Hygiene clothing, footwear and bedding
2.2.1.5.4 Detainees:
have access to information, services, equipment and facilities
appropriate to their age, gender, family circumstances,
linguistic/cultural background to enable them to keep their
personal clothing and linen clean and fit for use

2.2.2 Food and beverages

2.2.2.3 The special food requirements of infants are met and milk is available
for detainee infants and children at all times.

2.2.3 Special care needs, including detainees with special illnesses and conditions
2.2.3.1.1 The special care needs of detainees are identified, assessed and
responded to. Detainees with special needs may include but are not
limited to the following:
elderly detainees, whether accompanied or unaccompanied
minors, in particular unaccompanied minors
expectant mothers
women, whether accompanied or unaccompanied
detainees with serious health problems
detainees in need of psychiatric or psychological treatment
detainees at risk of self-harm
long-term detainees
victims of torture or trauma
detainees wit ha physical/mental disability

2.2.3.2 Minors including babies, infants and unaccompanied minors

2.2.3.2.2 While parents remain responsible for the health and welfare of their
children, they are assisted, where necessary, to care for their children,
including but not limited to
a. the provision of training in parenting and life skills
b. the development and implementation of an individual care plan
for their children

2.2.3.2.3 Suitable care arrangements are made for children when parent(s) are
absent from the detention facility, including but not limited to the
absence of an expectant mother while she is giving birth.

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2.2.3.3 Ante-natal, obstetric and post-natal services and facilities
2.2.3.3.1 Expectant mothers have access to necessary ante-natal, obstetric and
post-natal services in a timely manner and by persons qualified to
provide such services.

2.2.3.3.2 Facilities, equipment and professional support are available to enable a

detainee parent to care for a nursing infant.

2.2.3.3.3 Arrangements are made, whenever practicable, for children to be born in

a hospital outside the detention facility. In the event the child is born in a
detention facility, this fact is not recorded on the childs birth certificate.

6.8 Assaults
6.8.1 Detainees and staff are informed of the law pertaining to assault,
including sexual assault, the consequences of infringing the law, and
avenues for reporting allegations of assault.

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Appendix B ANAO comment on the Immigration Detention
Standards_____________________________________________

The following examples are drawn from the ANAO report and list the criticisms of the
language and format of the standards. The full report can be found at www.anao.gov.au

DIMIA ANAO
Quality
Formal arrangements in place with relevant Formal arrangements may not have any
State authorities for education, police, impact on service quality unless they are
corrections, child welfare and health issues. exercised and tested, or in some other way
can be shown to be operating. The ANAO
notes that negotiations with many State
authorities have been ongoing since 2001 but
remain unfinalised.

Manage the delivery of detention services in Managing detention services is discussed in

accordance with Immigration Detention detail later in this chapter (see paragraph
Standards and other contractual 5.53). Based on the findings of this audit, the
requirements, with any breaches addressed. ANAO considers that it would only be
possible to report against this indicator in a
very general and subjective manner because
of the number and nature of standards,
measures and other contractual requirements.

All unaccompanied minors and women and The use of terms such as relevant and
children assessed against relevant regularly means it would be difficult to
instructions for alternative detention assess whether services had been delivered to
arrangements. the required quality.

All cases for people in detention reviewed

regularly to ensure progress of relevant
processes.

Source: DIMIA PBS 200405 p.106

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Figure 5.3
Extract of DIMIA standards and measures for food
Standard 2.2.2.1 Measure(s) ANAO Comment
Taking account of cultural 1) No substantiated instance The standard is very broad
requirements and the of a detainee not having and includes conditions. This
institutional setting, detainees access to food of this kind; or means it would be difficult to
are provided with a choice of any food handling hygiene, judge whether it had been
food that is nutritional, safety, equipment storage, met.
adequate for health and well preparation and transporting Reference to a nationally
being; dietary specific where practices contrary to relevant accredited standard, would
required, for example, for laws, regulations and clearly specify an expected
religious or medical reasons; standards. minimum standard for
stored, prepared, transported (2) The department is service delivery and would
according to relevant laws, provided with evidence that allow for measurement of
regulations and standards; menus are developed and performance.
and in sufficient quantities. regularly reviewed in Any assessment of whether
consultation with dieticians the standard had been
and nutritionists, and with breached would need to be
input from the detainees; and undertaken by an expert,
strategies are in place and because, for example, a
implemented which general administrator would
recognise and cater for such not be qualified to judge
aspects of the detention whether all the conditions
environment as the had been met.
peculiarities of the The measures do not clarify
institutional setting, arrival of what is expected of the
detainees outside established Services Provider.
meal times, religious
festivals and between meal
snacks.
Source: ANAO from the GSL Contract

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Figure 5.4
DIMIA standards and measures for individual health
Standard 2.2.1.3.1 Measure ANAO Comment
The individual health care No substantiated instance of A number of terms in this
needs of detainees are the individual health needs of standard have not been
recognised and managed a detainee not being definedeffectively,
effectively, appropriately and recognised and effectively appropriately and timely.
in a timely manner The managed. This would make it difficult
individual health care needs to assess whether
of detainees are recognised performance had met the
and managed effectively, standard. The measure does
appropriately and in a timely not provide clarification.
manner.

Standard 2.2.1.3.2 Measure ANAO Comment

A detainee can expect to be No substantiated instance of The standard contains
consulted and informed about a detainee not being unclear terminology. This
his/her medical condition and appropriately consulted and standard would be difficult to
treatment, including transfer informed. assess because it would rely
for medical reasons, in a on an absence of complaints.
language or in terms that Lack of complaints does not
he/she understands; and that mean the standard has been
the communication of such met.
information and advice will
be consistent with the
requirements to maintain
accuracy and his/her privacy.

Standard 2.2.1.3.3 Measure ANAO Comment

Detainees have the No substantiated instance of Because access to a same
opportunity to be examined a detainee not having such an gender practitioner is
by a medical officer of the opportunity, as appropriate contingent on it being
same gender, if they so wish and where practicable. practical, it would not be
and as far as practical. clear whether this standard
had been met or not.

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Figure 5.5
DIMIAs Contract Performance Information
DIMIAs Standard and Measure for ANAO Comment
individual health services
Immigration Detention Standard (IDS)
The individual health care needs of detainees Such a standard should relate to pre-defined
are recognised and managed effectively, levels of excellence, including minimum
appropriately and in a timely manner. requirements. GSLs progress in the
provision of health services could only be
measured against this standard if the terms
appropriately and timely were defined.
Performance Measure
No substantiated instance of the individual This measure relies on DIMIA officials
health needs of a detainee not being being able to recognise a breach of the
recognised and effectively managed. undefined health standard. Ideally, it would
measure changes in the timeliness, cost
and/or quality of the actual health service
being delivered by GSL.
Monitoring
DIMIA monitors the performance of GSL in DIMIA has adopted an exceptions-based
providing health services by using approach to assessing the performance of
information provided by GSL on Incidents GSL. DIMIA assumes that its health
and independent and expert opinion outcome standard is being delivered
commissioned by DIMIA regarding the satisfactorily at each IDC unless the reporting
causes and/or consequences of health of a health Incident (or repeated Incidents)
Incidents. highlights a problem
Method of Assessment
An Incident is a defined term for the As indicated above, this method relies on
purposes of the DIMIA/GSL Contract; it is DIMIA officials being able to recognise
defined to be a Minor, Major or Critical when GSL is providing inappropriate and
Incident. Information on incidents is untimely health services. The definition of an
assessed by DIMIA for instances of breaches Incident is also unclear. For example, clause
of the health standard. This information also 16.1.5 of Schedule 2 describes medical
forms the basis for any sanctions against emergency as a Major Incident while
GSL. However, as summarised in DIMIAs Attachment A to Schedule 3 indicates that
response to this audit In assessing the serious illness or injury is a Critical
Services Providers compliance with the Incident. This means that at a number of
relevant performance measures, flexibility in points in the monitoring and assessment
the terminology of the IDS provides process, DIMIA officials exercise
discretion to the Department to consider considerable discretion as to what is reported.
service delivery within the necessary Reports are necessarily subjective and could
context. lead to difficulties in pursuing sanctions and
interpreting liability, indemnity and
insurance requirements.
Source: ANAO analysis

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Appendix C Other issues that affect women in the migration
area that may result in their detention or deportation__________
This paper has focused on the ways that women are treated in IDFS but has not dealt with
why many of them are detained. While many share their reasons for being in Australia with
men, others are affected by aspects of law and procedures that fail to recognise some
situations that may affect them differently. These include the conditions for spouse visas, the
ways that sex workers (including presumably trafficked women) are treated, having an
Australian Citizen child while being a non-citizen, the lack of humanitarian visas to deal with
non refugee reasons for needing protection and problems with the definitions of refugee
under the United Nations Refugee Convention 1951(the Convention).46

The spouse visa system includes a new regulation by the Australian Government that makes
it harder for women whose relationship breaks down because of domestic violence to prove
their case for residency which may place them at additional risk. The question of trafficked
women has received some media publicity but the regime in place is geared to prosecuting
traffickers, not addressing the needs of the women that may have been exploited. As such, it
reinforces stereotypes of Asian women in the sex industry as being trafficked or illegal, and
gives rise to assumptions such as the one detailed in the Palmer report on Vivian Alvarez
Solon. While there may be diverse views on the legitimacy of sex work amongst womens
groups, the issues of workplace exploitation need to be dealt with as such, without moralising
overtones that stereotype the women involved.

There are questions about the Convention, and its deficits in dealing with women. The
majority of the worlds refugees are women but until recently gender-related persecution
claims were largely unsuccessful as the category of sex/gender is not included as grounds of
persecution. Since then guidelines have been developed by UNHCR for processing gender-
related persecution claims, but women asylum seekers still struggle for recognition of their
refugee status.

The number of women who seek asylum in Australia due to gender-based persecution is
small. Approximately 27 per cent of the applications for protection visas in Australia are
made by women asylum seekers. Australia has a Women at Risk Program but the women
seeking asylum must apply off shore and be in danger of victimisation, harassment or
serious abuse because of her sex. There needs to be a major review of DIMIA Gender
Guidelines for both on and off shore applicants supported by a legislative direction to
decision-makers to recognise gender based persecution claims that fall within the
Convention. These issues all need to be addressed and DIMIA should be more aware of the
needs of women more generally in policy and practices.

46
Article 1A(2) states the grounds for being a refugee as a well founded fear of being persecuted for reasons of
race, religion, nationality, membership of a particular social group or political opinion which do not include sex
or gender issues as grounds.

31
Appendix D Bibliography of selected references_____________
Auditor General, Audit Report No. 54 2003-2004
Management of Detention Centres Contracts Part A
www.anao.gov.au

Auditor General, Audit Report No. 1 2005-2006

Management of the Detention Centres Contracts Part B
www.anao.gov.au

Bartolomei, Linda and Pittaway, Eileen (September 2002) Refugee Women (in Searching For
Solutions A Project of the centre for Refugee Research, University of NSW, Australia.
Refugee Law and Policy Implementation and Evaluation. Background Papers for the Annual
Meeting of the Executive Committee of the United Nations High Commissioner for Refugees)

Cauchi, Stephanie, Ierodiaconou, Mary-Jane and Perry, Angela (co-authors in coalition with
Feminist Lawyers and Women Rights Action Network Australia) (November 2003) The Invisible
Women A Report on Gender-Based Persecution Claims by Women Asylum Seekers in
Australia

Commonwealth Ombudsman Commonwealth Ombudsman Annual Report 2003-04

www.ombudsman.gov.au/publications_information/Annual_Reports/ar2003-04/

Department of Immigration and Multicultural and Indigenous Affairs

www.immi.gov.au/refugee

Human Rights Commissioner (2001) A report on Visits to Immigration Detention Facilities

by the Human Rights Commissioner
www.humanrights.gov.au/human_rights/idc/index.html

Human Rights and Equal Opportunity Commission (April 2004) A last resort? National
Inquiry into Children in Immigration Detention
www.hreoc.gov.au/human_rights/children_detention_report/index.html

Human Rights and Equal Opportunity Commission (1998) Those Whove Come Across the
Seas: Detention of Unauthorised Arrivals

Keneally. Tom and Rosie Scott (eds) (2004) Another Country writers in detention Sydney
PEN and Halstead Press

Neumann, Klaus (2004) Refuge Australia Australias Humanitarian Record University of

New South Wales Press, Limited

The Australian Law Reform Commission Violence and womens refugee status
www.austlii.edu.au/au/other/alrc/publications/reports/69/vol11/ALRC69Ch11.html

World Health Organisation (2001) Advancing Safe Motherhood through Human Rights
www.who.int/reproductive-health/

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Additional websites used_________________________________
Amnesty International
www.amnestyusa.org/women/asylum

ChilOut (Children out of Detention) are a group of parents and citizens opposed to the
mandatory detention of children and their parents. They coordinate a Villawood visitors
program and assist detainee families around Australia.
www.chilout.org

www.chilout.org.index_home.html

Global Solutions Limited, Australia

www.gslpl.com.au/gsl/contracts/contracts.asp

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