Nick McKim (Tasmania, Australian Greens) Share this | Link to this | Hansard source

My question is to the Minister representing the Minister for Immigration. I refer you to the alleged sexual assault by a member of staff on a detainee at the Yongah Hill Immigration Detention Centre, which was the subject of this complaint made on 16 September and this corroborating witness statement filed on 17 September. Has this complaint been referred to police? If not, why not? What steps has the government taken to ensure that it is referred to the police?

Scott Ryan (President) Share this | Link to this | Hansard source

I remind senators that there's no place for props in the chamber.

Michaelia Cash (WA, Liberal Party, Minister for Small and Family Business) Share this | Link to this | Hansard source

I thank Senator McKim for the question. I can advise as follows: Senator McKim, you would know that obviously we do not comment on individual cases. What I can say is that the ABF takes all reports of assault seriously and refers them to appropriate law enforcement agencies for investigation. I'm advised that the department and its service providers have policies and procedures to appropriately respond to incidents in immigration detention, including alerting relevant law enforcement bodies. The department does not tolerate abuse or assaults by staff, contractors or detainees within immigration detention facilities, and the department acts swiftly and decisively to ensure the safety and security of all detainees and staff.

Scott Ryan (President) Share this | Link to this | Hansard source

My apologies, Senator McKim. I know you were reading from it, but I saw you waving it and it caught my eye. My apologies. Senator McKim, on a supplementary question?

Nick McKim (Tasmania, Australian Greens) Share this | Link to this | Hansard source

No worries at all, Mr President. Minister, given your previous answer, can you confirm it's the case that detainees in Australia's onshore immigration detention system cannot make complaints to ABF or Home Affairs officers and can only make complaints to Serco staff, and that Serco staff do not wear name or ID badges that would allow them to be identified? How can you be sure that this matter has been referred to the police and how can the minister possibly fulfil his duty of care to detainees?

Michaelia Cash (WA, Liberal Party, Minister for Small and Family Business) Share this | Link to this | Hansard source

Again Senator McKim, I have advised in my primary answer that we cannot comment on individual cases. However, the ABF takes all reports of assault seriously—

Nick McKim (Tasmania, Australian Greens) Share this | Link to this | Hansard source

Mr President, I raise a point of order going to relevance. My supplementary question did not ask about any specific case whatsoever; it asked about systemic issues. I ask that you advise the minister to answer.

Scott Ryan (President) Share this | Link to this | Hansard source

You have just reminded the minister of the nature of your question. She has been talking for 10 seconds. I will listen carefully. She has 50 seconds remaining to come to the answer.

Michaelia Cash (WA, Liberal Party, Minister for Small and Family Business) Share this | Link to this | Hansard source

Again, I confirm that the ABF takes all reports of assault seriously and refers them to appropriate law enforcement agencies for investigation.

Scott Ryan (President) Share this | Link to this | Hansard source

Senator McKim, a final supplementary question.

Nick McKim (Tasmania, Australian Greens) Share this | Link to this | Hansard source

Minister, will you do this chamber the courtesy of taking my questions on notice and coming back with answers? Secondly, is it the case that the guard at the centre of these allegations is still on active duty and still able to come into unsupervised contact with the detainee who, allegedly, that guard has sexually assaulted? Why has this guard not been stood down to ensure the safety of detainees?

Michaelia Cash (WA, Liberal Party, Minister for Small and Family Business) Share this | Link to this | Hansard source

Again, Senator McKim, your questions are quite specific and are in relation to a particular case. I have advised you that we cannot comment on individual cases. To the extent I'm able to provide further information, I will seek further information from the minister and revert.