6 | Key issues and concerns During the Commission’s 2019 inspection of YHIDC, a significant number of people ‘reported that they were apprehensive about their physical safety and that they may be at risk of harm by others’.43 A majority of the people interviewed during this inspection disclosed that they feel very unsafe. Many disclosed that disagreements while people are intoxicated, standovers and drug debts were common reasons for violence in the centre and a source of significant anxiety and fear. Most people referred to the 2022 incident where a detained man was stabbed to death over an alleged drug debt44 when talking about their concerns within the centre. The Commission heard that because of the death, ‘everyone’ has a home-made weapon for self‑defence. This incident appears to have had a profound and persistent effect on both the people detained and staff alike, creating a collective sense of fear and anxiety about safety. Those who entered detention with existing trauma histories have found that the environment has exacerbated their pre-existing states of vigilance and hyperarousal. Staff also reported a higher level of assaults directly following the incident, which led to heightened staff fear, and requests for stab proof vests. Statistics provided by the Department through Senate Estimates reveal that YHIDC has, over the past five years, received the second highest number (115) of complaints of assault, including allegations of assaults, made by people detained or by staff.45 It is likely that the actual number of assaults is much higher with many going unreported due to fear of reprisal. YHIDC and the immigration detention network more broadly, face significant challenges to providing a safe place of detention for detained people, as well as a safe working environment for 24 staff. The detention environment itself (see mental health section) and, in particular, the infiltration of drugs and alcohol and related violence (see drug infiltration section) are creating an environment of heightened risk, and are causing significant harm to people. As noted earlier, the immigration detention population includes people with a range of risk profiles, many of whom would not present any identifiable risk to community safety. Even among the s 501 cohort, there is a wide variation in the types of offences leading to a visa refusal or cancellation, and consequent detention. In some cases, the relevant offences are of a serious, violent nature. In others, the offences are less serious or non-violent (such as fraud, traffic violations and drug possession). Where a person has no history of violent offending, it is less likely that a highly restrictive measure such as closed detention would be necessary to manage potential risks to the community. Nevertheless, even where serious offences have been committed, the individuals concerned will have completed their criminal sentences before being transferred to immigration detention. Indeed, had they been Australian citizens, these individuals would not have been subject to ongoing detention and would be permitted to live freely in the community. While this inspection report makes several recommendations aimed at enhancing safety within YHIDC, it is important to stress that none are more important than ensuring that closed immigration detention is used only in exceptional circumstances. As the Commission has previously noted: Failing the character test under s 501 of the Migration Act should not lead necessarily to continued and prolonged immigration detention. Alternatives to detention should be

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