described the lack of continued government
support for released individuals as leaving charities
to effectively fill the gap in the longer term.
The essential role played by community volunteers
in ensuring that individual detainees (particularly
amongst the earlier releases) had accommodation
and support available to them when initially
released deserves to be acknowledged. This should
not, however, detract from the fact that providing
this initial support should ultimately be the
responsibility of the Department. The Department
has a duty of care towards individuals who have
been detained for significant periods of time under
the Department’s authority, have never previously
lived in Australia outside of a detention facility, are
known to be particularly vulnerable, and are then
released with both little warning and insufficient
supports in place.
Individuals described being released with very
little notice or preparation, and reported being
confused and anxious about what they were meant
to do and how they would manage their basic
needs upon release. Among the earlier releases in
particular, the Commission was told of individuals
being released with insufficient supplies of ongoing
medications, and without a clear plan in place to
ensure continuity of care. In one case, an individual
had been unable to retrieve their prescription
glasses before being released from detention.
Individuals described having little or no opportunity
to speak to other detainees before leaving the hotel
APODs, and a number described feeling guilt at
having to leave other detainees behind.
Legal representatives and migration agents
consistently said that they were not notified
until after their clients had been released, which
meant they were unable to assist by making
any arrangements to ensure continuity of care
immediately following release. The Commission
understands that notification procedures did
improve over time, however the description by the
Department of the release processes ‘all working
like clockwork’ stood in stark contrast to the
information provided by both detainees and the
community service providers with direct experience
of those releases.
RECOMMENDATION 20:
The Department should review its
policies and procedures with respect
to releases from detention, with a view
to ensuring that releases are done
in a way that ensures individuals are
able to immediately access essential
support and services upon release.
RECOMMENDATION 21:
Processes should be put in place to
ensure that legal representatives and
migration agents are routinely notified
of the release of their clients before
the release occurs or, if that is not
possible, immediately thereafter.
The Use of Hotels as Alternative Places of Detention (APODs) • 2023 • 51