3 | Key observations and concerns The Procedural Instruction does potentially allow for this factor to be considered in that it requires that any use of force ‘must always be reasonable and officers must consider the individual circumstances of any detainee against whom force and/or restraints need to used’. However, it would be preferable for this to be a mandatory factor to be addressed by IHMS in the written advice that they provide as part of the approval request for any planned use of force. RECOMMENDATION 11: The Procedural Instruction relating to the use of force should be amended to require that the impact that not being escorted outside of the detention facility may have on the health or wellbeing of the individual detainee be considered as a mandatory factor in the risk analysis prepared when seeking approval for a planned use of force. 3.3 Programs and activities Consistent with previous inspections, facility staff continued to report challenges in providing programs and activities to people in immigration detention which were sufficiently meaningful to prevent boredom and to provide structure and routine. These challenges are exacerbated in the hotel APODs due to the inadequate facilities and lack of access to outdoor space. The Commission saw examples during the inspections of committed activities officers who were present on a daily basis at the hotel APODs, 36 and who were able to provide a limited selection of creative materials such as books, games, and art supplies. There was some access to non-English language selections, however this was extremely limited. A regular comment that was made by those who had been held in both hotel APODs and other immigration detention facilities was that the availability of programs and activities was significantly worse in the hotel APODs. Similarly, a number of individuals who had previously served sentences of imprisonment in adult correctional facilities commented that they had access to a wider range of programs and activities in prison than they had in the hotel APODs. In particular, there is a lack of opportunities for education and training for detainees in hotel APODs, with facility staff informing the Commission that it remains departmental policy that people detained in immigration detention centres are not allowed to access programs and activities that lead to a qualification or certification. One individual confirmed that they had to give up their enrolment in a TAFE course when they were released from prison and transferred into a hotel APOD. People held in hotel APODs appear to be significantly more restricted in the range of programs and activities that they are able to access when compared to people held in other immigration detention facilities, or those detained in adult correctional facilities. One individual stated that ‘in jail, I had jobs to do and a routine. There’s none of that in here. In here I have nothing to do. I would rather be in jail’. Others commented that they ‘just sit in a room and do nothing everyday’, ‘[t]here is nothing to get up to look forward to’ and ‘how can I better myself when I’m just locked up?’.