6 | Key issues and concerns The NSW Inspector of Custodial Services has remarked that, Figure 5: Woodwork room The Commission does not consider these comments as reflective of the dedication of Serco staff at the centre to provide engaging and responsive P&A. At present, people in immigration detention are not able to participate in activities that constitute work or leads to a qualification or certification. Both Serco and ABF acknowledged that being able to provide qualifications ‘would be a huge improvement’. The Commission has repeatedly stated in its inspection reports that there is a need to provide P&A in immigration detention that is sufficiently meaningful to prevent boredom and to provide structure and routine.66 The Commission’s 2019 Risk Management in immigration detention report stated: The Commission is concerned that the boredom, frustration and lack of engagement arising from the limitations of the current activities program may contribute to the level of tension in immigration detention facilities, with implications for safety and security.67 The importance of meaningful activity extends beyond centre safety to community safety. It is a well understood and evidenced fact within the prison system that ‘[t]he effective use of a person’s time in custody has significant impacts on future prospects, particularly regarding reducing recidivism’.68 32 Given rates of reoffending and the focus on the rehabilitation and reintegration of offenders in modern correctional environments, there is a significant body of research on the approaches that most effectively reduce reoffending and support exinmates post-release. Generally, this research supports a role for in-custody programs, employment and education in strategies to reduce reoffending.69 The current limitations on activities leading to qualification or certification, particularly for the largely ex-prison population, is at odds with this established research. If the intention of detaining someone on character grounds is to ensure that non-citizens do not pose a risk to the Australian community, then significantly more work needs to be done to deliver programs within immigration detention that lead to reduced reoffending. As the Department’s own statistics show, a not insignificant number of people detained on character grounds are eventually released and resume their lives in the community (29% between 1 July 2018 and 30 June 2023).70 Additional people may be released following merits review (for example, approximately 19% of s 501 review decisions were set aside or varied in 2015-2016, 28% in 2016–2017 and 22% in 2017 to 31 March 2018).71 The Department has reported through Senate Estimates that between 1 November 2021 and 31 October 2023, 682 people detained under s 501 were released from closed detention.72 Given this, the Department must do more to prepare people for the possibility of release.

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