Reports by External Bodies
The Palmer and Comrie Inquiries
The independent inquiries into the circumstances of the detention of Ms Cornelia Rau and the detention and removal of Ms Vivian Alvarez have been the catalyst for a range of initiatives to address the recommendations made.
The Palmer Implementation Plan, which also incorporated the government’s response to the Comrie Report, was tabled in Parliament on 6 October 2005. The programme of work set out by this plan focuses on staff training, health, and wellbeing initiatives for people in immigration detention, improvements in information management and technology, more accountable decision-making and quality assurance, and enhanced client service delivery.
Commonwealth Ombudsman
The Commonwealth Ombudsman received 1300 approaches and complaints during 2005-06 about administrative actions and decisions by us.
In the same period, the Ombudsman finalised 1177 approaches and complaints, although not all were investigated and some spanned more than one financial year. Of these, 1300 separate issues were identified, of which 1202 were considered to fall within the Ombudsman’s jurisdiction and 554 were investigated. This demonstrates an investigation rate of 46 per cent of the total number of issues considered under the Ombudsman Act 1976.
Of the 554 investigations, administrative deficiency was identified in 32 cases. This is equivalent to 5.8 per cent of the total number of investigations for 2005-06.
This information is not directly comparable with previous financial years due to changes to the Ombudsman’s work practices and complaint management systems.
Referred immigration cases
Following the release of the Palmer Report in July 2005 into the circumstances of Ms Rau’s detention, the Ombudsman has accepted the government’s referral of cases in which individuals released from detention have a system descriptor of being released ‘not unlawful’. We will continue to address systemic issues raised by these cases to ensure they do not continue or recur.
During 2005-06 the Ombudsman investigated the circumstances of one of the referred immigration cases, Mr T. The report of this investigation was released by the Ombudsman on 23 March 2006 and highlighted the sensitivities and complexities agencies face in managing people with a serious mental illness. Most of the issues raised by the report have either been dealt with or are being addressed under the change process we have implemented in response to the recommendations resulting from the Palmer and Comrie Inquiries.
Human Rights and Equal Opportunity Commission
During 2005-06, the Human Rights and Equal Opportunity Commission (HREOC) investigated 24 complaints about our actions. Two reports in which we were a respondent were tabled in parliament by HREOC in 2005-06:
- HREOC report no 31 - Report of an inquiry into a complaint by Mr Zacharias Manongga, Consul of the Republic of Indonesia for the Northern Territory, that the human rights of Indonesian Fishers detained on vessels in Darwin Harbour were breached by the Commonwealth of Australia (2005)
- HREOC report no. 35 - Report of an inquiry into a complaint by Mr AV of a breach of his human rights while in immigration detention (2006).