DIMIA Annual Report 2004-05
External scrutiny
REPORTS BY EXTERNAL BODIES
On 3 February 2005 it became known to the department that a permanent resident, Ms Cornelia Rau, had been held in immigration detention for a period of 10 months. On the 8 February 2005 the Minister announced details of the Inquiry into the Cornelia Rau matter. This Inquiry was to be conducted by former Australian Federal Police Commissioner, Mr Mick Palmer AO APM.
'The Inquiry will investigate, examine and report on matters relating to the case of Cornelia Rau, including in particular the actions of DIMIA and relevant state agencies, during the period March 2004 to February 2005.'
The Terms of Reference also gave the Inquiry direction to investigate possible departmental systems and process improvements.
On 30 April 2005 the department became aware of a case involving the removal of an Australian citizen, Ms Vivian Alvarez Solon. On 2 May 2005 in response to these developments, the then acting Minister for Immigration and Multicultural and Indigenous Affairs, the Hon. Peter McGauran extended of the Terms of Reference to enable the Palmer Inquiry to examine and make findings in relation to any cases referred during the course of the Inquiry.
The extension of the Terms of Reference to the Inquiry lengthened the expected completion date of the report. The report into the immigration detention of Ms Rau was delivered separately to that of the additional cases referred to the Inquiry. This was to ensure a thorough and independent investigation of the circumstances surrounding the immigration detention of Ms Rau, and the additional cases referred to the Inquiry.
On 25 May 2005, in her opening statement to the Senate Estimates Committee, the Minister outlined changes that had been made to improve performance in the department. They included:
- a 28-day limit-in all but exceptional circumstances-on the time immigration detainees can be held in prison, a watch-house or similar state corrections facility in those jurisdictions where an Immigration Detention Facility is not available
- fingerprinting of people detained. Following regulatory changes people detained can be required to provide a fingerprint, without their consent if necessary
- further advice to staff clarifying and strengthening procedures that should be followed to try to establish a person's identity. While the then current procedures worked in the majority of cases, the very complex circumstances surrounding Ms Rau's case highlighted the need for clearer and more precise guidance for staff
- access to data-bases. The Minister wrote to the Justice Minister, Senator Ellison, asking him to formally pursue the issue of access to databases with relevant Commonwealth and state law enforcement agencies. The Minister also asked the Secretary of the department to pursue the same issue with the Heads of Commonwealth Law Enforcement Agencies (HOCOLEA)
- referral of complex cases to Canberra for guidance. Where a person's identity or status is not confirmed within 28 days, staff would be required to consult with senior staff in Canberra on the ongoing management of the case.
In this statement further changes were announced as a result of the department acknowledging the Government's desire for continuous improvement. These changes were:
- establishment of a National Identity Verification and Advice Unit in the department's head office in Canberra
- appointment of immigration Detention Review Managers in each state and territory where people are detained
- enhancement of health services in Immigration Detention Centres
- improvement in case-related information management processes.
The report of the Inquiry into the Circumstances of the Immigration Detention of Ms Rau has provided a foundation for many positive changes within the department. The report was delivered on 14 July 2005.
In conjunction with the release of the report, the government announced significant changes in the leadership of the department as well as the creation of the Change Management Taskforce to respond to the general thrust of the Inquiry's report.
Parallel changes were also announced in mid-June 2005 that would address some of the issues raised by Mr Palmer as well as ensuring that government policy is administered with greater flexibility, fairness and, above all, in a more timely manner. Among other things, it included additional non-compellable power for the Minister to specify alternative arrangements for a person's detention and conditions that apply to that person, and the requirement that the department make primary protection visa decisions within three months of the application.