RECOMMENDATION ONE The Government should replace the current system of mandatory immigration detention with a case-by-case assessment process that takes individual circumstances into consideration. Closed detention should only be used as a last resort in circumstances where all of the following elements are present: a) detention is necessary and proportionate to an immigration purpose (for example, a brief period of immigration detention may be necessary to conduct health, security and identity checks before a visa is granted) b) the person has been individually assessed as posing a risk of absconding or an unacceptable risk to the Australian community, and that risk cannot be managed in a less restrictive way c) the necessity for continued detention is subject to periodic re-evaluation and judicial review, and d) the duration of detention is subject to a maximum time limit. Meaningful activity The importance of providing structured meaningful activities within a detention context is well known and researched. For example, in the context of prisons in Ireland, a report by the Office of the Inspector of Prisons found that meaningful activity ‘is not only beneficial in terms of security of the prison and rehabilitation for prisoners, but it is also very much connected to the overall experience of imprisonment.’71 Meaningful activity ‘detracted from boredom and violence in prison. It helped prisoners cope with their sentences and allowed prisoners to develop new skills.’72 In the United Kingdom, people detained in immigration detention have access to meaningful activity in the form of paid work activities,73 vocational courses and craft skill development available through classroom based and distance education.74 Some people detained in United Kingdom prisons for removal purposes have also continued to access vocational training.75 The Commission has consistently reported on its concern about a lack of meaningful activities available in immigration detention, which has regularly been identified a source of significant frustration to the detained population.76 The Department has expressed the view, however, that its structured activities ensure people in detention are ‘provided with learning opportunities to develop their skills and enhance their prospects at successfully gaining certificate qualifications in their future endeavours.’77 It has also stated that Programs and Activities (P&A) schedules are ‘reviewed on a regular basis to ensure that age and culturally appropriate and meaningful programs and activities are available to all people in detention’.78 Across the immigration detention network, people are encouraged to participate in structured activities to receive points that they can then exchange for items through the facilities canteen. The point system allows people to obtain a default minimum allocation of weekly points and receive additional points based on participation in structured P&A. The Commission found women in immigration detention are offered broadly comparable P&A across BRP, VIDC and PIDC. 22 Not just an afterthoughtThe experience of women in immigration detention

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