Commissioner’s Foreword
Another key area of concern was the provision of health services, particularly mental health services and
out-of-hours care. This is, again, a concern that has been regularly highlighted in previous Commission
inspection reports across various immigration detention centres, and is something that needs to be
comprehensively addressed as a matter of urgency.
There are 33 recommendations that we have made in this inspection report. The Department has
considered these recommendations and in their response (which is published alongside this report) have
accepted 14 recommendations (indicating that seven of these have already been addressed), partially
agreed with six recommendations, and disagreed with seven recommendations. There are six further
recommendations that the Department have indicated they are unable to accept because they require
governmental consideration.
We would like to thank the Department for their response and their constructive engagement with the
inspection report. In particular, it is positive to observe that in the time between our inspection visit and the
publication of this report there has been tangible progress made with respect to a number of discrete issues
that had been raised.
It is also important to note the impact of the recent High Court decision in NZYQ v Minister for Immigration,
Citizenship and Multicultural Affairs (which occurred after our inspection visit) and subsequent legislative
reforms. The immediate impact can be seen in the initial release of 27 people from the YHIDC in November
2023, but the full impact of the decision on individuals, the immigration detention network, and the wider
Australian community is still uncertain.
What is clear is that, in responding to the NZYQ decision, it is essential to ensure that community safety is
not compromised, but also that the policy responses adopted are measured, proportionate, and anchored
firmly in respect for the human rights of all concerned.
Lorraine Finlay
Human Rights Commissioner
April 2024
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