6 | Key issues and concerns
periods of self-isolation to avoid pressures to buy
and use drugs.
As a consequence of the inability to control the
trafficking of contraband, centre staff and people
detained reported that drug and alcohol (home
brew) use was widespread at the centre. A written
submission provided to the Commission ahead of
the inspection, also raised this same concern.
Interviews with people in detention and staff largely
affirmed previous reporting by the Commonwealth
Ombudsman that ‘people enter immigration
detention “clean” but either resume or commence
taking illicit substances when detained’.48 One
person interviewed reported buying any drug he
was offered, in an attempt to make himself feel less
distressed about being in immigration detention.
This was causing him significant financial problems
and putting pressure on his family. Serco staff also
reported that they were aware of a growing number
of drug debts, because ‘detainees tell us’ and staff
overhear things.
Centre staff have limited power to control the flow
of contraband into the centre and do not have the
type of legislative powers required to manage the
behaviours typically associated with the prison
system.
The Commission was told that contraband was
being thrown over the fence line49 and that, through
developing good relationships with local police,
there had been a number of arrests made as a
result. Local police were also conducting proactive
perimeter sweeps as a deterrent to this method
of infiltration. While these actions and the arrests
have made some impact, the influx of contraband
through other means remains a more significant
problem.
The Federal Court of Australia has affirmed that
mobile phones cannot currently be taken from
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people detained in immigration detention.50 The
ability to arrange trafficking of contraband with
contacts outside the centre has arguably become
more easily facilitated because of this.51
The Commission recognises the risk management
challenges that have arisen because of mobile
phones being used by people detained in
immigration detention, however, the significant
benefits for the wellbeing of people in detention
and their capacity to maintain contact with people
outside detention need to also be recognised.52 This
was more significant during the suspension of visits
because of COVID-19 lockdowns.53
The Commission has in the past stated that it
considers any blanket prohibition on mobile phones
in immigration detention would not be a necessary,
reasonable, or proportionate response to the risks
arising from their use.54 Instead the Commission has
stated:
A more appropriate response would be to
restrict or remove mobile phones on an
individual basis, and only if the individual is
found to have used their phone to conduct
unlawful activity, or to carry out other forms
of serious misconduct.55
Another method of infiltration described to the
Commission was though centre mail. At the time of
the inspection, court action affirming the right of
detained people to order consumables from outside
the centre through mail,56 led to the centre receiving
up to 128 kilograms of consumables three times per
week. The Commission was told that the centre does
not have the resources to effectively screen such
a large quantity of goods. Nevertheless, significant
contraband had been detected through the existing
screening procedures. Subsequent to the inspection,
this court decision was overturned by the Full Court
of the Federal Court and the previous ‘outside food