Australian Human Rights Commission Australia and the International Convention on the Elimination of All Forms of Racial Discrimination (ICERD), Shadow report to the CERD Committee – 8 July 2010 148. As of 2 April 2010, of the 2686 people in immigration detention: • • • • • 24 had been detained for 18 months or more 25 had been detained for 12 to 18 months 377 had been detained for 6 to 12 months 387 had been detained for 3 to 6 months the remainder (1873) had been detained for up to 3 months. 121 8.4 Conditions of detention 149. The Commission has repeatedly raised concerns about the lack of transparent and enforceable standards for conditions in immigration detention, and has called for minimum standards to be codified in legislation. 122 Since the Australian Government prepared its report to the Committee, a new detention service provider (Serco) has taken over operation of immigration detention facilities. It is not clear what standards Serco is required to comply with. According to the Department of Immigration and Citizenship (DIAC), the contract with Serco ‘encompasses a stronger focus on the rights and well-being of people in detention’. 123 However, while the Commission was consulted early in the tender documentation development, the Commission has not been provided with a copy of the final contract or the standards contained within it. 150. As noted in the Australian Government report, the Commission undertakes visits to immigration detention facilities in order to monitor whether conditions meet internationally accepted human rights standards. 124 The Commission releases public reports of these visits, which make recommendations to the Australian Government. 125 The Commission’s 2008 Immigration detention report has been submitted to the Committee. 126 It should be noted that the Commission does not have the power to enforce the recommendations it makes in these reports. 151. In the Commission’s view there is a need for a more comprehensive monitoring mechanism to ensure that conditions in immigration detention meet human rights standards. This mechanism should consist of an independent body with a statutory power to enter detention facilities, and a human rights-based mandate. The Australian Government should be legally required to consider and respond to its recommendations. One means of achieving this would be through the Australian Government ratifying the Optional Protocol to the Convention against Torture (OPCAT). 127 152. As a party to OPCAT, the Australian Government would be required to establish an independent National Preventive Mechanism to conduct regular inspections of all places of detention, including immigration detention. 128 153. The Australian Government report also notes that, under the Australian Human Rights Commission Act (1986) (Cth) (AHRC Act), the Commission can investigate complaints from individuals about alleged breaches of human rights in immigration detention. 129 Where the President of the Commission determines that a human rights breach has occurred, the President can prepare a report including recommended remedies. The Attorney-General 41