the significance of the contaminated food, and how important it is for people in detention to have confidence in the quality and safety of food provided’.62 Staff at the hotel APODs described positive efforts to provide detainees with a range of foods and to improve the quality of the meals provided. All individuals held at the Brisbane APOD had access to kitchen facilities in their rooms, and had access to a range of breakfast and staple food items that could be stored in their rooms and used at any time. Both lunch and dinner meals were delivered to rooms in the morning, with individuals given a weekly menu to select from and dietary requirements being accommodated. While recognising these efforts, the Commission also received further reports of mouldy and unappetising food during these inspection visits. It is a minimum requirement that each detainee be provided with sufficient food of nutritional value and quality adequate for health and strength.63 (g) The use of restraints Previous inspection reports have made recommendations about the use of restraints (including handcuffs) on people when they are escorted outside of detention facilities. This might include individuals being transferred between immigration detention facilities or taken to external medical appointments. This issue was again raised with the Commission during these inspections, with some detainees having refused to attend external medical appointments after being informed that restraints would be used. There were also reports of inconsistency in the use of force, with a number of individuals stating that they had been required to wear restraints on some occasions when being transferred to medical appointments but not on others. They informed us that they were not clear on the reasons for these different approaches, and that when they asked they were only told that the Department ‘reviews this from time to time’. The relevant Procedural Instruction governing the use of force within the immigration detention network provides, inter alia, that there is a presumption against the use of force, that restraints should only be used as a measure of last resort, and that restraints may only used for the shortest amount of time possible to the extent that it is both lawful and reasonably necessary.64 Any planned use of restraints requires approval by the ABF Detention Superintendent (Facility) and requires an independent risk analysis to be conducted, which includes consultation with IHMS to ensure that there are no medical reasons precluding the use of restraints against an individual detainee.65 While it is recognised that there may be a legitimate need to use physical restraints in certain circumstances, it is also important to acknowledge that the use of restraints on detainees may risk exacerbating some medical conditions (particularly mental health issues) and is particularly problematic with respect to individuals who have previously been victims of torture and trauma. One factor that does not routinely form part of the existing risk assessment is the impact that not being escorted outside of the detention facility may have on the health or wellbeing of the individual detainee. For example, non-attendance at a medical appointment or not being able to be escorted to another detention facility to use the outdoor spaces may negatively impact upon an individual’s physical or mental health. The Use of Hotels as Alternative Places of Detention (APODs) • 2023 • 35