DIMA Annual Report 1997-98
Sub-program 2.2: Detention
Objective
Description
Performance information
Financial and staffing resources summary
Performance outcomes
Objective
To provide for lawful, appropriate and economical detention of non-citizens not entitled to enter or remain in Australia.
Description
This sub-program is responsible for administering the detention provisions of the Migration Act 1958 and for managing the operation of the Department's immigration detention facilities.
Facilities are located in Sydney, Melbourne, Perth and Port Hedland. Detention services, at all Immigration Detention Centres (IDCs), are provided by Australasian Correctional Services (ACS).
Policy development and program support are provided by the Compliance and Enforcement Branch.
Performance information
Outcomes are measured by the extent to which:
- there are timely removals of unlawful non-citizens;
- the provision of detention services are cost effective; and
- lawful and appropriate detention arrangements for those unlawful noncitizens in detention are made.
Financial and staffing resources summary
See: Financial and staffing resources table
[ Top Of Page ]Performance outcomes
(i) Timely removal
The Migration Act 1958 requires that all unlawful non-citizens be detained and that, unless they are granted permission to remain in Australia, their removal be effected as soon as practicable.
Where people arrive in Australia without authorisation, their detention ensures that they have no access to work or services and that, should they have no claims to remain in Australia, they are immediately available for removal.
During 1997–98, 2 716 people were admitted to the detention centres in Sydney, Melbourne, Perth and Port Hedland:
- there were 2 548 unlawful non-citizens, including people who arrived at airports without authorisation and those people who had breached visa conditions, a 21.7 per cent increase on the 1996–97 figure; and
- there were 159 people who had arrived in Australia by boat without authorisation, a decrease of 56.4 per cent on the 1996–97 figure.
Of the 375 unlawful non-citizens in detention at 30 June 1998, most had arrived without documentation at airports in Australia. The remainder had overstayed the period of their visa or breached their visa conditions. The average number of days in detention for all categories of detainees dropped from 60.6 days in 1996–97 to 44.8 days in 1997–98, a decrease of 26 per cent.
[ Top Of Page ]Table 2.2 (a): Detention statistics
See: Table 2.2a
Removal of unauthorised arrivals by boat is covered under sub-program 2.3.
Those people in detention who make claims which, prima facie, may engage Australia's protection obligations are facilitated through the determination process and afforded priority for processing to minimise their time in detention.
The number of detainees and the total number of detainee days, by place of detention, is reflected in table 2.2 (a).
Of the 375 people in detention on 30 June 1998, 13 were unauthorised boat arrivals and 362 were other unlawful non-citizens. This compares with 657 people in detention at 30 June 1997, of whom 327 were unauthorised boat arrivals and 330 were other unlawful non-citizens.
Overall detainee days have decreased by 12.5 per cent in 1997–98, mainly as a result of the reduction in the number of boat arrivals.
Detainee days for boat arrivals decreased by 66.5 per cent and detainee days for non-boat arrivals increased by 44.2 per cent, reflecting the continuing increase in people arriving at airports without authorisation to enter Australia.
The number of detainees at Port Hedland fell considerably in the first half of the financial year. This can be attributed to a number of factors, including fewer boat arrivals, a significant number of removals, and a faster turn-around of boat arrivals.
Before removing unauthorised arrivals from Australia, the Department must have valid travel documents for the people to be removed, or permission from the relevant receiving country to accept these people.
While every effort is made to expedite the removal process, the Department has limited control over the time taken by foreign countries to issue travel documents or to permit return.
For example, this time can be affected by the prevailing bilateral relationship or the country's capacity to identify their nationals and process such requests.
Removal can also be delayed when the people to be removed do not cooperate or provide false or misleading information about their identities.
(ii) Cost effectiveness
The total administrative and property operating costs (excluding the Port Hedland refurbishment work) for unauthorised boat arrivals for the 29 836 detainee days in 1997–98 is estimated to be $7.7 million. This is down from the $13.4 million spent on the 89 057 detainee days in 1996–97.
The total detainee days for other unlawful non-citizens continued to increase, rising from 84 740 detainee days in 1996–97 to 122 225 detainee days in 1997–98. Total administrative and property operating costs have also increased, from $9.26 million in 1996–97 to $14.39 million in 1997–98.
In the context of the 1996–97 Budget, the Government decided to cease the arrangement tying the Department to Australian Protective Services (APS) for the provision of custodial services, requiring the detention services to be put to competitive tender.
The successful bidder was ACS, a company jointly owned by Australasian Correctional Management Pty Ltd (ACM) and Thiess Contractors Pty Ltd. ACM has contracts for 44 detention/correctional facilities internationally, and it is the largest private provider of custodial correctional services in Australia.
Although the provision of detention services by ACM is still at an early stage, the Government's decision to introduce contestability into the provision of guarding services at detention facilities has had the effect of containing costs.
[ Top Of Page ](iii) Detention arrangements
The issue of the lawfulness of Australian detention has been raised by the United Nations Human Rights Committee (UNHRC) in its decision in the case of A vs Australia and in recent Human Rights and Equal Opportunity Commission (HREOC) reports.
The Government rejected the UNHRC findings that detention had been arbitrary and the arguments that, to be lawful, detention needed to comply with international standards in addition to domestic legislation.
Unauthorised boat arrivals can be released from detention if they do not receive a decision from DIMA on a protection visa application within six months of applying, or in special or exceptional circumstances such as having a special need for which care cannot be provided in detention facilities, or being under 18 or over 75 years of age.
The HREOC report, Those who've come across the seas, was also critical of some aspects of the Department's detention arrangements.
Many of these findings were, however, based on out of date or isolated incidents, with many of the recommended changes having already been implemented or overtaken by developments in detention conditions and administration. The Government is still continuing to work to improve standards and conditions at IDCs.
The Department is responsible for the care and control of detainees and provides, through ACM, a number of facilities and services including accommodation, food, health care and medical treatment, education, recreational equipment and services, welfare services and counselling services.
Over $4.15 million was contracted in 1997–98 as part of a $12.5 million upgrade of the facilities at Port Hedland due for completion later in 1998.
Work also concentrated on the design, planning and negotiation of a complete redevelopment of the Villawood IDC to establish a new and culturally appropriate detention facility on the site.
In 1997–98 there have been 20 escapes involving 19 detainees. Nine escapees were located and returned to detention. A number of hunger strikes, of short duration and without serious harm, were undertaken by detainees during the year.
Advisory committees have been established at Maribyrnong, Port Hedland and Perth to provide advice on detainees' welfare needs, conditions and services in the facilities. It is anticipated that an advisory committee at Villawood will be operating early in 1998–99.
A number of visits to detention facilities took place during the year by representatives of the Joint Standing Committee on Migration, the HREOC and the Commonwealth Ombudsman's Office.