Liability for damage to detention centres

Letter to the Editor - Australian Financial Review
3 June 2004

Dear Sir/Madam

Contrary to the claims made in your article (Liability for detention centres split, 1/6/04), the Commonwealth did not carry sole liability for damage to immigration detention facilities under the previous contract with the GEO Group, formerly Australasian Correctional Services (ACS).

Under the terms of the contract, liability was shared between the Commonwealth and GEO. Repair of detainee damage was the responsibility of GEO. Generally, GEO was also responsible for maintaining the detention facilities owned by the Commonwealth, on the basis that the Commonwealth would meet reasonable costs for fair wear and tear.

The Department of Immigration and Multicultural and Indigenous Affairs also met the direct cost of inspection and testing of plant and equipment and systems such as security and fire services. Over time, DIMIA also undertook significant works to improve infrastructure to meet the changing needs and improve amenity for detainees.

Stewart Foster
Director
Public Affairs
DIMIA