3 | Key observations and concerns Detainees explained that the daily excursions were primarily used by smokers given that there is nowhere within the Brisbane APOD itself where they are allowed to smoke. Given the limits on the number of individuals who could be escorted to BITA at any one time, detainees informed us that they were able to access the external recreation visits to BITA at most twice each week, and that smokers were prioritised for these visits. Those organising the excursions estimated that 20% of individuals at the Brisbane APOD did not engage in these visits, meaning that they did not have any access to outdoor space while detained at the Brisbane APOD. It appeared that conditions at the Melbourne APOD were initially better, with detainees having access to a common room, outdoor space and a small gym. However, conditions deteriorated significantly following the fire in December 202150 which resulted in the gym being closed and access to the outdoor space being limited to smokers for only a few minutes at a time. Detainees reported that staff did offer to transport them to the gym at MITA on a number of occasions, and there were twice daily visits to MITA to allow access to recreation facilities. However some individuals stated that they were reluctant to return after the first visit ‘as they felt a strong reaction to the wire fences and being in a car with three to four security staff’, and others reported that there was not enough room on the transport vehicle for every detainee to be taken to MITA every day. Similar concerns have also been reported by the Commonwealth Ombudsman with respect to the Melbourne APOD. The Commonwealth Ombudsman recently concluded that ‘[b]ased on the intended operational capacity at the Melbourne APOD, it is unlikely that all people in detention would have had a genuine opportunity for daily fresh air access and outdoor exercise’.51 30 The lack of access to shared facilities and outdoor space is a significant concern. International human rights standards indicate that people in detention should have access to at least one hour of open-air exercise every day.52 The human rights standards for immigration detention developed by the Commission emphasise that there should be ‘sufficient opportunities for association with peers and participation in cultural, spiritual and religious activities, including voluntary work in the community, sports, physical exercise and leisure activities and activities in the open air, so as to provide physical and mental stimulation’.53 Conditions in the hotel APODs appear to consistently fall short of these minimum standards. The lack of access to sufficient outdoor space and shared facilities for exercise and recreation appears to be key factor contributing to the significant decline in the physical and mental wellbeing of those detained in hotel APODs. While the provision of daily visits from the hotel APODs to other immigration detention or transit facilities is a welcome attempt to provide some access to outdoor space and exercise, it is insufficient overall. The current arrangements mean that daily access to outdoor space and exercise can – at best – be offered to only a limited number of detainees and cannot be extended to accommodate all detainees. This is yet another reason that hotel APODs are unsuitable as longterm detention options. While they continue to be used, it is essential that further strategies are explored to increase access to shared facilities and outdoor space, and to provide more opportunities for detainees to engage in exercise, recreation and other activities.