6 | Key issues and concerns
During the Commission’s 2019 inspection of YHIDC,
a significant number of people ‘reported that they
were apprehensive about their physical safety and
that they may be at risk of harm by others’.43
A majority of the people interviewed during this
inspection disclosed that they feel very unsafe.
Many disclosed that disagreements while people
are intoxicated, standovers and drug debts were
common reasons for violence in the centre and a
source of significant anxiety and fear.
Most people referred to the 2022 incident where a
detained man was stabbed to death over an alleged
drug debt44 when talking about their concerns within
the centre. The Commission heard that because of
the death, ‘everyone’ has a home-made weapon for
self‑defence.
This incident appears to have had a profound and
persistent effect on both the people detained and
staff alike, creating a collective sense of fear and
anxiety about safety. Those who entered detention
with existing trauma histories have found that the
environment has exacerbated their pre-existing
states of vigilance and hyperarousal. Staff also
reported a higher level of assaults directly following
the incident, which led to heightened staff fear, and
requests for stab proof vests.
Statistics provided by the Department through
Senate Estimates reveal that YHIDC has, over the
past five years, received the second highest number
(115) of complaints of assault, including allegations
of assaults, made by people detained or by staff.45 It
is likely that the actual number of assaults is much
higher with many going unreported due to fear of
reprisal.
YHIDC and the immigration detention network
more broadly, face significant challenges to
providing a safe place of detention for detained
people, as well as a safe working environment for
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staff. The detention environment itself (see mental
health section) and, in particular, the infiltration of
drugs and alcohol and related violence (see drug
infiltration section) are creating an environment of
heightened risk, and are causing significant harm to
people.
As noted earlier, the immigration detention
population includes people with a range of risk
profiles, many of whom would not present any
identifiable risk to community safety. Even among
the s 501 cohort, there is a wide variation in the
types of offences leading to a visa refusal or
cancellation, and consequent detention. In some
cases, the relevant offences are of a serious, violent
nature. In others, the offences are less serious or
non-violent (such as fraud, traffic violations and
drug possession).
Where a person has no history of violent offending,
it is less likely that a highly restrictive measure such
as closed detention would be necessary to manage
potential risks to the community. Nevertheless,
even where serious offences have been committed,
the individuals concerned will have completed
their criminal sentences before being transferred
to immigration detention. Indeed, had they been
Australian citizens, these individuals would not have
been subject to ongoing detention and would be
permitted to live freely in the community.
While this inspection report makes several
recommendations aimed at enhancing safety within
YHIDC, it is important to stress that none are more
important than ensuring that closed immigration
detention is used only in exceptional circumstances.
As the Commission has previously noted:
Failing the character test under s 501 of the
Migration Act should not lead necessarily
to continued and prolonged immigration
detention. Alternatives to detention should be