Lorraine Finlay
Human Rights Commissioner
Australian Human Rights Commission
Commissioner’s Foreword
Alternative places of detention (APODs) have been used in Australia for over twenty
years. While the use of hotels as APODs may be appropriate as a short-term option
in exceptional cases, the Australian Human Rights Commission has consistently
expressed the view that hotel APODs are not appropriate to be used for lengthy
periods of detention, and has previously raised specific concerns relating to the
conditions in hotel APODs. This inspection report again highlights many of those
same concerns.
Since these inspection visits took place in mid-2022, the Commission has welcomed
the consistent trend of the overall numbers of individuals detained in hotel APODs
being reduced. However, we still consider this inspection report to be relevant for
three key reasons.
The first is that it highlights the way that, in recent years, hotel APODs have come to
be seen as a regularised part of Australia’s immigration detention network, rather
than being limited to use in exceptional circumstances.
The second is that hotel APODs continue to be used, albeit that the total number
detained in hotel APODs has been reduced. Given this, the observations made in
this report about the conditions in hotel APODs are still relevant.
The third is that the report highlights significant concerns around both the way that
releases from hotel APODs have been conducted and the provision of post-release
support. These are issues that have broader relevance beyond hotel APODs in terms
of the operation of the wider immigration detention network. The Commission
hopes that this report will encourage necessary steps to be taken to improve the
support that is available, particularly to ensure continuity of medical care when
individuals are released.
The Commission would like to thank all of those who contributed to the inspection
visits and report. We would also like to acknowledge the constructive engagement of
the Department of Home Affairs and Australian Border Force, both in facilitating the
inspection visits and responding to the inspection report.
The Use of Hotels as Alternative Places of Detention (APODs) • 2023 • 5