Fact Sheet 83a - Community Detention

What is community detention?

Community detention is a form of immigration detention that enables people in detention to reside and move about freely in the community without needing to be accompanied or restrained by an officer under the Migration Act 1958 (the Act).

Only the Minister for Immigration and Citizenship can approve a community detention placement under s197AB of the Act. This power is non-compellable and non-delegable, which means that the minister is not required to consider a case and cannot delegate the decision.

Community detention does not give a person any lawful status, nor the rights and entitlements of a person living in the community who is the holder of a valid visa (eg. the right to study or work).

Community detention is not a visa grant. The person still remains administratively in immigration detention. While the person is living under community detention arrangements, the department continues to progress the person’s immigration status and the person will either be made lawful of be removed from Australia.

What support do people in community detention receive?

The department works with non-government organisations (NGOs) to ensure people placed in community detention are appropriately supported. NGOs are funded by the department to source appropriate housing, to provide payment of living expenses, and to ensure access to relevant health and community services and social support networks.

Further information is available on the department's web site.
See: www.immi.gov.au

The department also operates a national telephone service inquiry line.
Telephone: 131 881
Hours of operation: Monday to Friday from 9 am to 4 pm (recorded information available outside these hours) for the cost of a local call anywhere in Australia.

Fact Sheet 83a. Produced by the National Communications Branch, Department of Immigration and Citizenship, Canberra.
Revised 20 May 2009.

© Commonwealth of Australia 2009.