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HREOC Decision

Letter to Editor/Producer - 14 October 2002

Dear Sir/Madam

Contrary to false and misleading claims in a number of media reports, the Department of Immigration and Multicultural and Indigenous Affairs (DIMIA) did not request "secret" hearings from the Human Rights and Equal Opportunity Commission (HREOC).

Many witnesses appearing before the Commission throughout the current inquiry have given evidence in-camera.

The Department was formally invited to make submissions for the confidentiality of some information to be provided to the HREOC inquiry. Under the HREOC Act, DIMIA is able to seek confidentiality status for any information presented to the Commission.

The Department therefore sought the confidentiality of some documents and evidence, which, if made public, could:

  • put at risk the safety of detainees and staff and the proper enforcement of law in detention facilities;
  • compromise the current detention services tender process;
  • jeopardise relationships or arrangements with state governments; or
  • compromise innovative service delivery solutions from any new detention services provider.

It would be irresponsible to allow the public release of such information without due consideration of the consequences for the safety of individuals or of the risks to the probity of a complex tender process.

Stewart Foster
Director, Public Affairs
Dept of Immigration and Multicultural and Indigenous Affairs