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

I move:

That the Senate take note of the document.

I rise to take note of a series of assessments of detention arrangements conducted by the Commonwealth Ombudsman, and they are Nos 23 to 27 of 2020. These assessments contain a litany of examples of people who have been detained for long periods of time in Australia's immigration detention system, some for well over five years.

I do want to refer briefly to one case, which is in assessment No. 23 of 2020. The reports are de-identified, so I'll just refer to the person as 'Mr X', as the Ombudsman does. This assessment by the Ombudsman found that this person was found to be owed protection in October 2017, and yet his case has not yet been assessed against the guidelines under section 195A of the Migration Act. The Ombudsman's assessment has found that 'the Ombudsman is concerned that Mr X is likely to remain in immigration detention for a prolonged period while his immigration matters remain ongoing and that this poses a significant risk to Mr X's health and welfare.' The Ombudsman has recommended that the department assess Mr X's claims against the guidelines under section 195A of the act and that the department commissions a contemporary, independent assessment of Mr X's risk to the community, to inform the minister's decision as part of any referral to the minister for consideration of a bridging visa under section 195A of the act. Unfortunately—as is so often the case—the department has rejected the Ombudsman's recommendation that it commission a contemporary, independent assessment of Mr X's risk to the community. I just raise that one case because it's an exemplar of so many cases of people in immigration detention—people who are languishing there, having committed no crime. They are not in prison, they are in administrative detention, and this department is cruelly and callously allowing them to languish there.

I make these comments in the context of an immigration system that is being run by this government as a punishment for people rather than as an administrative detention system. In a recent report on the current state of immigration detention, the Ombudsman has raised some incredibly distressing concerns. There are cases of people who have been held in immigration detention for over a decade—over 10 years. They are held at the pleasure of the minister. This is cruel and unconscionable punishment. The Ombudsman has previously found there was an excessive use of force by Serco and departmental staff. Worse still, the complaints by detainees about the use of force were incorrectly rejected by the department. We also know this government is in the process of legislating to try to take people's mobile phones away from them in immigration detention, and of course mobile phones are how a lot of the abuses that go on in immigration detention are brought to light.

It is impossible to overstate the cruel nature of immigration detention in this country. This government has complete contempt for people in its care and is abrogating its duty of care to so many people who are in immigration detention. These are not prisoners, despite the government's desperate attempts to make the conditions in immigration detention prison-like. We're in the middle of a pandemic—these are high-risk scenarios and facilities. The government needs to come up with a plan to release significant numbers of low-risk people into the community so that they can be adequately supported there.

One day there will be a royal commission into offshore detention and onshore immigration detention, and I hope the architects of these cruel and callous policies are held to account, that apologies are made and, most importantly, that we can try to ensure that this dark and bloody chapter in our country's story is drawn to an end and never happens again.

Jess Walsh (Victoria, Australian Labor Party) Share this | Link to this | Hansard source

Senator McKim, are you seeking leave to continue your remarks later?

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

I am.

Leave granted; debate adjourned.