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.
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Not just an afterthoughtThe experience of women in immigration detention