policy’ (which required food brought by visitors to
be commercially packaged and labelled and factory
sealed) was held to be valid.
RECOMMENDATION 4:
Finding contraband once it is within the centre also
has its difficulties. The Migration Act only provides
limited search powers. Essentially, centre staff
can only conduct a personal search, or a room
search based on a reasonable suspicion that a
weapon or escape tool has been concealed. They
have no power to search for illicit substances or
The Government should reform the
search powers available to detention
centre staff to allow for targeted
personal searches and room searches
to be conducted where there is
reasonable suspicion that drugs are
being concealed.
other contraband. Following legal advice, staff
have additionally been prohibited from conducting
matrix searches (random room searches). The
Commonwealth Ombudsman has noted that this
change has ‘considerably impacted security staff and
ABF’s ability to disrupt and detect drug trade and
use’.57
The Commission recognises that, for the safety
of everyone within the centre, staff should be
provided with the authority to exercise a stronger
range of search powers: specifically, where there
is reasonable suspicion that drugs are being
concealed, staff should also be given the authority
to conduct targeted personal searches and room
searches.
In utilising these powers, the Commission’s Human
Rights Standards for Immigration Detention stipulate
that all searches conducted on people in detention,
their accommodation, or personal effects (such as
mail) by staff, respect the privacy of those detained
and are therefore only conducted for sound security
reasons and at reasonable times.58
The Commission also reiterates that, should
enhanced search powers be made available to
centre staff, any use of these powers should be
adequately reported and ‘should be periodically
reviewed to identify and rectify any systemic
improvements to the use of force in immigration
detention’.59
RECOMMENDATION 5:
The Department and Serco should
review its operational instructions,
policy guidance and centre staff
training with a particular focus on
reducing adverse impacts on the
privacy and dignity of people subjected
to searches.
Although facility staff had intelligence reports and
anecdotal evidence to suggest that drug prevalence
was high at the centre, there was no way to measure
the scale of the problem accurately. Staff lacked
the authority to carry out drug testing on people
who were detained. In any event, drug testing,
whether by blood, urine, or saliva sample, is an
inherently intrusive process and inappropriate for
the immigration detention environment.
Wastewater testing, however, was a viable option
because the centre sewerage operated in a closed
system. It was not being utilised at the time of our
inspection but should be considered as a way to
determine the prevalence of drug use within the
centre.
Yongah Hill Immigration Detention Centre Inspection Report • 2024 • 29