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.