Endnotes 40 41 42 43 44 45 46 47 48 49 50 51 52 53 64 au/sites/default/files/document/publication/ahrc_ immigration_detention_inspections_2019_.pdf>. Ibid, 4. Australian Border Force, Answers to Questions on Notice, Senate Standing Committee on Legal and Constitutional Affairs (Additional Estimates, 22 March 2021), AE21-358 <https://www.aph.gov.au/api/qon/ downloadestimatesquestions/EstimatesQuestionCommitteeId6-EstimatesRoundId10-PortfolioId20QuestionNumber358>. Ibid. See, for example, the conclusion reached by the Commonwealth Ombudsman that ‘the design, infrastructure and operations of hotels are not suited for detention of people for longer than 4 weeks’ in Commonwealth Ombudsman, Monitoring Commonwealth Places of Detention: Annual Report of the Commonwealth National Preventive Mechanism under the Optional Report to the Convention Against Torture (OPCAT), 1 July 2021 – 30 June 2022, 23 <https://www.ombudsman.gov.au/__data/assets/ pdf_file/0022/290137/Commonwealth-NPM-Report. pdf>. Ibid 24, 26. Ibid, Appendix A, 7. NSW Ombudsman, 2020 hindsight: the first 12 months of the COVID-19 pandemic (22 March 2021), 16 <https://www.ombo.nsw.gov.au/__data/assets/ pdf_file/0018/138204/2020-hindsight_the-first-12months-of-the-COVID-19_pandemic-Special-Report. pdf>. Queensland Human Rights Commission, Hotel Quarantine: Unresolved complaints report under section 88 Human Rights Act 2019 (15 October 2020), [35] <https://www.qhrc.qld.gov.au/__data/assets/ pdf_file/0007/28699/2020.10.15-hotel-quarantineconditions-unresolved-complaint-report.pdf>. Department of Health, National Review of Hotel Quarantine (23 October 2020) 59 <https:// www.health.gov.au/sites/default/files/ documents/2020/10/national-review-of-hotelquarantine.pdf>. See [3.6] Management of the COVID-19 Pandemic at 46–47. See [3.2] (a) Accommodation at 22–23. Commonwealth Ombudsman, Monitoring Commonwealth Places of Detention: Annual Report of the Commonwealth National Preventive Mechanism under the Optional Report to the Convention Against Torture (OPCAT), 1 July 2021 – 30 June 2022, 24 <https://www.ombudsman.gov.au/__data/assets/ pdf_file/0022/290137/Commonwealth-NPM-Report. pdf>. Nelson Mandela Rules, Rule 23 <https://documentsdds-ny.un.org/doc/UNDOC/GEN/N15/443/41/PDF/ N1544341.pdf?OpenElement>. Australian Human Rights Commission, Human Right Standards for Immigration Detention (2013) [17.1] <https://humanrights.gov.au/sites/default/files/ 54 55 56 57 58 59 60 61 62 63 64 65 document/publication/HR_standards_immigration_ detention.pdf>. Australian Human Rights Commission, Inspections of Australia’s immigration detention facilities 2019 report (December 2020), 85 <https://humanrights.gov. au/sites/default/files/document/publication/ahrc_ immigration_detention_inspections_2019_.pdf>. Australian Human Rights Commission Risk management in immigration detention (2019), 50 <https://humanrights.gov.au/sites/default/files/ document/publication/ahrc_covid-19_immigration_ detention_2021.pdf>. Migration Act 1958 (Cth), s 256. Australian Human Rights Commission, Human Rights Standards for Immigration Detention (2013) [10.1], [10.6] <https://humanrights.gov.au/sites/ default/files/document/publication/HR_standards_ immigration_detention.pdf>. This included, for example, a requirement applying at the time of our inspection visit to the Brisbane APOD that all visitors must be fully vaccinated against COVID-19. The link provided to the list of facilities leads to this page <https://www.abf.gov.au/about-us/what-we-do/ border-protection/immigration-detention/detentionfacilities> which was accessed on 14 January 2023. Australian Human Rights Commission, Inspections of Australia’s immigration detention facilities 2019 (December 2020), [3.7(e)] <https://humanrights.gov. au/sites/default/files/document/publication/ahrc_ immigration_detention_inspections_2019_.pdf>. Eden Gillespie and Arianna Lucente, ‘Asylum seekers in Melbourne detention say they were served “maggots and mould” for dinner’, SBS News (Online) (29 December 2021) <https://www.sbs.com.au/news/ article/asylum-seekers-in-melbourne-detention-saythey-were-served-maggots-and-mould-for-dinner/ ghide58ou>. Commonwealth Ombudsman, Monitoring Commonwealth Places of Detention: Annual Report of the Commonwealth National Preventive Mechanism under the Optional Report to the Convention Against Torture (OPCAT), 1 July 2021 – 30 June 2022, 25 <https://www.ombudsman.gov.au/__data/assets/ pdf_file/0022/290137/Commonwealth-NPM-Report. pdf>. Australian Human Rights Commission, Human Rights Standards for Immigration Detention (2013) [12.1] <https://humanrights.gov.au/sites/default/files/ document/publication/HR_standards_immigration_ detention.pdf>. Department of Home Affairs, Detention Services Manual – Safety and security management – Use of force (Procedural Instruction) (10 October 2018) <https://www.homeaffairs.gov.au/foi/files/2020/fa200100011-document-released.PDF>. Although we note here the concerns raised by the Commonwealth Ombudsman with respect to ‘what appears to be the circumvention of processes