Submission to the Inquiry into serious allegations of abuse, self-harm and neglect of asylum seekers in relation to the Nauru Regional Processing Centre, and any like allegations in relation to the Manus Regional Processing Centre

Table of Contents

Executive Summary 5 A note on terminology 7 Previous arrangements with Nauru and Papua New Guinea 2001–2008 8 Increasing illegal maritime arrivals 8 Policy intent and the development of regional processing policy 9 Expert Panel on Asylum Seekers 9 Regional deterrence framework 10 Significant dates 11

PART A: Regional processing arrangements 13 Agreements with Nauru 13 Agreements with Papua New Guinea 13 Arrangement with Cambodia 14 Regional processing and settlement policy and context 14 Nauru—legislation and policy 15 Papua New Guinea—legislation and policy 16 Australia’s Migration Act 1958 17 Australian Border Force Act 2015 18 Policy framework in Australia 18 Australia’s international legal obligations 18 Regional processing countries’ international legal obligations and commitments 19 Refugee status determination 20 Governance, management, and scrutiny 20 Joint Advisory Committee 21 Scrutiny 21 Review into the 19 July 2013 incident at the Nauru RPC— Mr Keith Hamburger AM 22 Review into allegations of sexual and other serious assaults at the Manus RPC— Mr Robert Cornall AO 22 Review into the events of 16–18 February 2014 at the Manus RPC— Mr Robert Cornall AO 22 Review into recent allegations relating to conditions and circumstances at the Regional Processing Centre in Nauru—Mr Philip Moss 23 Child Protection Panel 23 External scrutiny 24

PART B: Incidents and complaints 27 Incident reporting and management framework in the RPCs 27 Reporting incidents involving refugees in the community 28 Changes to the incident reporting framework 29 Referrals to law enforcement 30 Leaked Incident Reports—Nauru 30 Complaints management 33

PART C: Preventative measures, service provision and support to transferees and refugees 34 Key contract periods 34 Accommodation 35 Accommodation in Nauru 35 Accommodation in Manus 37

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Mould reduction 38 Garrison and welfare services 38 Qualifications and training 38 Programmes and activities, including excursions 40 Open centre 41 Managed accommodation—Nauru and Manus 41 Food standards and variety 42 Water 43 Clothing footwear and canteen items 43 Health services 44 Health services procurement and contracts 44 Health care available at the RPCs 44 Staff profile 45 Nauru 46 Health infrastructure 46 Maternity and obstetrics 47 Babies and maternal health 47 Mental health 48 Manus 50 Health infrastructure 50 Refugee health services 51 Settlement services 54 Temporary settlement in Nauru 54 Permanent settlement in Papua New Guinea 54

PART D: Capacity building 56 Nauru 56 Nauru Police Force 57 Education 58 Child protection 59 Papua New Guinea 61 Royal Papua New Guinea Constabulary 62

Part E: Durable solutions 63 Third-country resettlement 63 Cambodia settlement arrangement 63 Returns and removals 64 Voluntary returns 64 Removal 64

Annex A—Chronology of key events 66

Annex B—Governance and managerial forums 69 Annex C—External scrutiny bodies 72

Annex D—Reviews and previous Senate inquiries 74 Annex E— RPC Population Statistics 76

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Executive Summary

1 The mission of the Department of Immigration and Border Protection (the Department) is to protect Australia’s border and manage the movement of people and goods across it. In today’s global environment of mass irregular migration, fulfilling this mission extends to responding to those non-citizens who risk their lives and those of their families by seeking to enter Australia unlawfully by boat. 2 Regional processing of protection claims and settlement in third countries are critical elements of the Australian Government’s response to illegal maritime arrivals, and are fundamental to demonstrating that people smugglers cannot offer a path to Australia. In doing this, regional processing ensures that those persons seeking asylum have their claims assessed. Those found to be in need of protection are able to access durable settlement options outside of Australia, while those without valid claims may seek assistance to return home. 3 In response to unprecedented numbers of illegal maritime arrivals and the tragic loss of hundreds of lives at sea, Australia established regional processing arrangements with the Independent State of Papua New Guinea (Papua New Guinea) and the Republic of Nauru (Nauru) in 2012. In late 2013, regional processing became a central pillar of Operation Sovereign Borders, which also included turning back people smuggling boats when safe to do so and reintroducing Temporary Protection visas. Over 800 days have passed since the last successful people smuggling venture to Australia. Each of these days is a testament to the continued effectiveness of Operation Sovereign Borders. 4 The cooperation of the governments of Nauru and Papua New Guinea underpins regional processing. As independent sovereign states, the laws of Nauru and Papua New Guinea govern the operations of the respective Regional Processing Centres (RPCs). It is the governments of Nauru and Papua New Guinea that assess individuals’ claims for protection. The Royal Papua New Guinea Constabulary and the Nauru Police Force investigate allegations of criminal wrongdoing. If charges are laid, they are heard by the judiciary of the regional processing country. Transferees, refugees, others assessed to be in need of protection, service provider staff, and Australian public servants in Nauru and Papua New Guinea must abide by the laws of those countries. In respecting the sovereignty of the regional processing countries, Australia has provided considerable support to the Nauruan and Papua New Guinea governments to assist them in maintaining sufficient capacity to respond appropriately to matters involving transferees and refugees. 5 The Department supports the implementation of regional processing and settlement arrangements in Nauru and Papua New Guinea by engaging service providers to deliver accommodation, welfare, health and other services to transferees and refugees. The Department works with the governments of Nauru and Papua New Guinea on capacity-building initiatives of benefit to regional processing arrangements and the broader local communities. The Department has also leant its expertise to assist the governments of Nauru and Papua New Guinea to establish robust refugee status determination and removal processes. 6 By necessity, regional processing arrangements were established swiftly. The story of regional processing is one of continuous improvement, based on experience and informed by significant external scrutiny, including three previous Senate inquiries and independent reviews commissioned by the Minister for Immigration and Border Protection or the Department. 7 In February 2015, Mr Philip Moss, the former Integrity Commissioner and head of the Australian Commission for Law Enforcement Integrity, finalised his Review into allegations relating to conditions and circumstances at the Regional Processing in Nauru. Mr Moss made 19 recommendations, with a further 38 associated action items. The Department has accepted all recommendations and implemented 18 recommendations and 37 action items that fell within its purview. The Department is continuing to support the Government of Nauru to implement the remaining recommendation and action item.

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8 Particular enhancements have been made to the conditions at the RPCs, including services and support available to children and other vulnerable individuals. 9 The Government of Nauru has enacted legislation to bolster its capacity to respond to allegations of child abuse and, with the Department’s support, established its own Child Protection Unit. These initiatives protect transferee, refugee, and local Nauruan children. The Department established an independent Child Protection Panel in March 2015, to advise on the wellbeing and protection of children in RPCs and in immigration detention in Australia. 10 Since July 2013, no child has been accommodated at the Manus RPC in Papua New Guinea. As at 30 September 2016, 45 children were accommodated at the Nauru RPC, under open centre arrangements; of these, 34 were transferees and 11 were refugees. There were also 128 refugee children residing in the Nauruan community under temporary settlement arrangements. 11 Considerable improvement has been made in coordinating how contracted service providers report, respond to, and manage incidents at the RPCs. Clear referral arrangements have been agreed with the governments of Nauru and Papua New Guinea for allegations of criminal wrongdoing. Similarly, numerous preventative and supportive measures have been made by assisting the regional processing countries to improve infrastructure, programmes and activities, preventative health, mental health support, and capacity building. 12 Regional processing arrangements in Nauru and Papua New Guinea continue to attract significant media attention, not all of which is well informed. Recently, the ABC’s Four Corners programme and a separate report by Amnesty International made a number of claims. Both agencies failed to engage with the Department to check the facts before publication, calling into question the independence of their reports. Nonetheless, the Department is now conducting a detailed review of the reports to identify any new claims and ensure that all allegations made in the report have been dealt with appropriately. The Department will seek to table the findings of its review with the Committee when it is completed. 13 The Department recognises that whether people transferred to regional processing countries had fled persecution or had other motivations to embark on their perilous journeys, many have lived through often-difficult experiences. Similarly, uncertainty about their future weighs heavily on the minds of most asylum seekers, and is often exacerbated by the expectations of family and friends back home. Unfortunately, as with all communities, some may become vulnerable. It is for these reasons that the Department continues to support and assist the governments of Nauru and Papua New Guinea and service providers to prevent, manage, and address issues of concern.

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A note on terminology

‘Illegal maritime arrival’ 14 People who have arrived by boat in Australia without a visa have been referred to by a variety of terms, including ‘offshore entry person’, ‘illegal maritime arrivals’, ‘unauthorised maritime arrival’ and ‘irregular maritime arrivals’. The Department’s current preferred terminology is ‘illegal maritime arrival’. The Department has used this term throughout the submission irrespective of the period under discussion.

‘Unauthorised maritime arrival’ 15 Section 5AA of the Migration Act 1958 states ‘a person is an unauthorised maritime arrival if they entered Australia by sea at an excised offshore place at any time after the excision time for that place or at any other place at any time on or after commencement, became an unlawful non-citizen because of that entry and is not an excluded maritime arrival.’ For the purposes of this document, the term ‘illegal maritime arrivals’ is intended to encompass ‘unauthorised maritime arrivals’ as defined by section 5AA of the Migration Act 1958; however specific references to ‘unauthorised maritime arrivals’ are used when quoting or referring to legislation.

‘Asylum seekers’ and ‘refugees’ 16 Public commentary often erroneously uses the terms ‘asylum seeker’ and ‘refugee’ interchangeably. ‘Asylum seeker’ correctly refers to an individual seeking international protection whose claim for refugee status has not been determined. The term ‘refugee’ usually refers to an individual who meets the definition of ‘refugee’ in the 1951 Convention relating to the Status of Refugees and its 1967 Protocol (Refugees Convention) and, generally, who has been recognised as needing protection. Not all asylum seekers are necessarily refugees, but all refugees have at some point been asylum seekers.

‘Transferees’ 17 An illegal maritime arrival taken to a Regional Processing Centre in Nauru or Papua New Guinea is referred to as a ‘transferee’. The term ‘transferee’ is used throughout the submission for all individuals transferred to Nauru or Papua New Guinea for regional processing. The Department has used the term ‘refugee’ throughout the submission for all transferees who have been found to be in need of protection following assessment of their protection claims by either the Government of Nauru or the Government of Papua New Guinea.

‘Regional Processing Centre’ 18 Regional Processing Centres (RPC) have been established in Nauru and Papua New Guinea to accommodate transferees pending the assessment of their protection claims. The Nauru RPC consists of three separate sites known as RPC1, RPC2 and RPC3. These terms are used throughout the submission when specifically referring to a particular location. The Manus RPC consists of RPC1 and RPC2, with a separate facility called the East Lorengau Refugee Transit Centre, which accommodates refugees seeking to settle in Papua New Guinea.

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Previous arrangements with Nauru and Papua New Guinea 2001–2008

19 In August 2001, in response to the arrival of the MV Tampa, with 433 illegal maritime arrivals on board, Australia put in place what were then referred to as ‘offshore processing’ arrangements with Nauru, and subsequently with Papua New Guinea. 20 Australia’s Migration Act 1958 was amended so that people who entered Australia without a valid visa at excised offshore places, including Ashmore Reef, Christmas Island, and the Cocos (Keeling) Islands were subject to transfer to a declared country while their protection claims were assessed and while they awaited either resettlement or return. 21 Australia signed separate memoranda of understanding with the then governments of Nauru and Papua New Guinea to establish centres in those countries. At the invitation of those governments, and with the support of Australia, the centres were managed by the International Organization for Migration. The office of the United Nations High Commissioner for Refugees (UNHCR) assessed the protection claims of the first group transferred to Nauru. Thereafter, the Australian Government processed the claims of illegal maritime arrivals transferred to Nauru and Papua New Guinea. 22 In the programme year prior to the commencement of offshore processing (2000–01) some 4137 illegal maritime arrivals reached Australia on 54 vessels. In the 2001–02 programme year this number reduced to 3039 illegal maritime arrivals on 19 boats. In 2004–05 there was no boat arrival. 23 Between 2001 and early 2008, some 1637 illegal maritime arrivals were accommodated in the offshore processing centres in Nauru and Manus Province, Papua New Guinea. 24 In December 2007, the then newly-elected Australian Government announced that it would close the Offshore Processing Centres in Nauru and Papua New Guinea. The remaining 82 residents of the Nauru Offshore Processing Centre, who had all been found to be refugees, were resettled in Australia, and the centres were officially closed in March 2008.

Increasing illegal maritime arrivals

25 There was a steady increase in the number of illegal maritime arrivals between 2008 and 2012, with 1033 people arriving on 23 boats in the 2008–2009 programme year, and 8210 people arriving on 109 boats in 2011–12. The rate of arrivals increased exponentially in 2012–13, with the arrival of 405 boats carrying 25,860 people. 26 By 30 September 2011, there were 4055 illegal maritime arrivals held in immigration detention in Australia. On 13 October 2011, the then Prime Minister the Hon. Julia Gillard MP and Minister for Immigration and Citizenship the Hon. Chris Bowen MP announced that some illegal maritime arrivals would be granted Bridging E visas so that they could live lawfully in the Australian community while their claims for protection were assessed. By 30 June 2012, some 2741 Bridging E visas had been granted to illegal maritime arrivals to reside in the Australia community. 27 From 2008 to 2013 a number of well-documented tragedies occurred in which people seeking to reach Australia unlawfully by boat lost their lives, mainly through drowning at sea. These tragedies include: – Flemington (SIEV 36) in April 2009—an on-board explosion caused the deaths of five people and injured many more – Reservoir (SIEV 69) in November 2009—it is believed 12 people drowned when the vessel sank – Cocos Island rescue in May 2010—a rescue operation saved 59 people in distress but it is believed five people perished

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– Janga (SIEV 221) in December 2010—a boat foundered on the cliffs at Christmas Island. The coroner found that 50 people had died. Thirty bodies were recovered and identified and the coroner was satisfied that another 20 people had perished. – Kaniva (SIEV 4106) in June 2012—sank in international waters and 110 people were rescued; 17 bodies recovered and the Western Australia coroner found that a further 85 people were missing presumed drowned. 28 There have also been reports of tragedies at sea for which no specific verifiable details are available, but where relatives of people intending to set out for Australia and others have made claims of lives being lost. While it is impossible to verify, accepted estimates are that as many as 1200 people may have perished at sea while trying to reach Australia prior to 2014.

Chart 1 Number of Illegal Maritime Arrivals (passengers) arriving in Australia—2000 to 2016

Policy intent and the development of regional processing policy

Expert Panel on Asylum Seekers

29 In 2012, the then Australian Government established an Expert Panel on Asylum Seekers to advise and make recommendations on policy options to prevent asylum seekers risking their lives on dangerous boat journeys to Australia. On 13 August 2012, the Panel delivered its report, making 22 recommendations across a range of themes including: – establishing processing facilities in Nauru and Papua New Guinea as part of a ‘comprehensive regional network’ – continuing discussions with the Government of Malaysia on asylum seekers – increasing cooperation with Indonesia on joint surveillance, law enforcement, and search and rescue – introducing boat turn backs, if operational, safety and legal conditions are met. 30 Separate agreements were negotiated between the Australian Government and the governments of Nauru and Papua New Guinea to establish regional processing arrangements. Consequently, the first transferees arrived in Nauru on 14 September 2012, and in Papua New Guinea on 21 November 2012.

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Regional deterrence framework

31 In September 2013, the newly-elected Coalition Government introduced the Regional Deterrence Framework to combat people smuggling and deter potential illegal maritime arrivals from coming to Australia. The framework comprised four integrated measures: – disruption and deterrence measures with regional partners and source countries to prevent people smugglers facilitating movement through the region to enter Australia illegally – detection and interception of suspected illegal entry vessels and safe transfer of passengers to regional locations outside Australia – regional processing outside of Australia of illegal maritime arrivals’ claims for protection – rapid return of suspected illegal entry vessel passengers to their country of origin, or for those with refugee status resettlement in a third country, other than Australia, wherever possible. 32 To operationalise this framework the Australian Government initiated Operation Sovereign Borders under the portfolio of Immigration and Border Protection on 18 September 2013. Operation Sovereign Borders is a military-led border security operation assisted by a wide range of Australian Government agencies. In November 2013, the number of suspected illegal entry vessels had dropped to five with a total of 207 people on board—the lowest monthly arrival rate for this traditionally high-tempo month in five years. 33 In March 2014, the then Minister for Immigration and Border Protection, the Hon. Scott Morrison MP, announced that 100 days had passed since the last successful illegal boat arrival. There has only been one successful people smuggling venture to Australia since then, when a boat arrived in July 2014. Its passengers were subsequently transferred to Nauru. It has now been over 800 days since the last successful arrival.

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Significant dates

Date Event

28 June 2012 Prime Minister the Hon Julia Gillard MP and Minister for Immigration and Citizenship, the Hon Chris Bowen MP, announces the Expert Panel on Asylum Seekers 13 August 2012 Expert Panel on Asylum Seekers releases its report containing a suite of measures and recommendations to the Government on how best to deal with asylum seeker issues. One of the measures recommended was a proposal to establish processing facilities in Nauru and Papua New Guinea in order to provide a ‘circuit breaker' to the current surge in irregular migration to Australia 18 August 2012 Migration Legislation Amendment (Regional Processing and Other Measures) Act 2012 commenced 29 August 2012 Australia and Nauru sign a memorandum of understanding to establish regional processing arrangements 8 September 2012 Australia and Papua New Guinea sign a memorandum of understanding to establish regional processing arrangements 12 September 2012 Nauru designated as a regional processing country under section 198AB of the Migration Act 1958 14 September 2012 First transferees arrive in Nauru 10 October 2012 Papua New Guinea designated as a regional processing country under section 198AB of the Migration Act 1958 21 November 2012 The first transferees from Christmas Island arrive in Papua New Guinea (19 people) 19 March 2013 The Government of Nauru commences refugee status determination assessments 20 June 2013 Transfer of families and children from Manus to Australia commenced. Completed 4 July 2013 8 July 2013 The Papua New Guinea Government commences refugee determination of protection claims for persons transferred from Australia 19 July 2013 Major disturbance at the Nauru RPC resulting in significant property destruction 3 August 2013 Nauru and Australia signed a new MOU, building on the 2012 MOU to include a temporary settlement arrangement for refugees in Nauru, pending permanent third country resettlement 6 August 2013 A revised MOU signed between Papua New Guinea and Australia relating to the transfer, assessment, and settlement signed 21 August 2013 First family groups of transferees arrive in Nauru September 2013 Robert Cornall AO report titled, Review into allegations of sexual and other serious assaults at the Manus Regional Processing Centre, was handed down 8 November 2013 Keith Hamburger AM report, Nauru Review 2013, Executive Report of the Review into the 19 July 2013 incident at the Nauru Regional Processing Centre 16–18 February Unrest at Manus RPC leading to damage throughout the existing centre and death 2014 of Mr Reza Barati 20 May 2014 Government of Nauru determines the first refugees and settles 13 in the Nauruan community

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Date Event

23 May 2014 Robert Cornall AO report titled Review into the events of 16–18 February 2014 at the Manus Regional Processing Centre handed down 26 September 2014 Australia and Cambodia sign MOU relating to the settlement of refugees 3 October 2014 Minister for Immigration and Border Protection, the Hon. Scott Morrison, announced a review into allegations relating to conditions and circumstances at the Nauru RPC between July 2013 and October 2014, ‘the Moss Review’ 12 November 2014 Papua New Guinea’s Minister for Foreign Affairs and Immigration determines the first refugee 18 December 2014 Australia’s then Minister for Immigration and Border Protection advises that babies born to transferees in Australia on or before 4 December 2014 and their families, may remain in Australia temporarily while their protection claims are assessed under the Australian system 21 January 2015 First two refugees move from the Manus RPC to the East Lorengau Refugee Transit Centre to commence transition towards settlement in the Papua New Guinea community 9 February 2015 Moss Report, Review into Recent Allegations Relating to Conditions and Circumstances at the Regional Processing Centre in Nauru 25 February 2015 Nauru progressively introduced open centre arrangements from 25 February to full open centre arrangements on 5 October 2015 March 2015 The Department establishes the Child Protection Panel to provide independent advice on issues pertaining to the wellbeing and protection of children in RPCs and in immigration detention in Australia 4 June 2015 Four refugees settle in Cambodia from Nauru June 2015 Government of Nauru establishes Gender Violence and Child Protection Unit within the Nauruan Home Affairs Ministry 16 August 2015 First involuntary removal undertaken by the Government of Papua New Guinea 31 August 2015 Final report of the Select Committee on the Recent Allegations relating to Conditions and Circumstances at the Nauru Regional Processing Centre. The Department tabled its response to this report on 15 January 2016 See Annex A for a detailed chronology of key events.

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PART A: Regional processing arrangements

Agreements with Nauru

34 Australia and Nauru formally established regional processing arrangements on 29 August 2012, by signing the Memorandum of Understanding between the Republic of Nauru and the Commonwealth of Australia, relating to the transfer to and assessment of persons in Nauru, and related issues (MOU). On 12 September 2012, Nauru was designated as a regional processing country pursuant to section 198AB of Australia’s Migration Act 1958 and the first transferee was received by Nauru on 14 September 2012. The Nauru RPC initially accommodated only single adult males, but was expanded in August 2013 to also accommodate families, women, and children, including unaccompanied minors. 35 On 3 August 2013, Australia and Nauru signed a new memorandum, replacing the 2012 agreement, which introduced temporary settlement arrangements in Nauru. 36 Administrative arrangements supporting the memorandum of understanding commenced in April 2014. These arrangements guide the reception of transferees in Nauru, the management of the RPC, and Nauru’s refugee status determination processes.

Agreements with Papua New Guinea

37 On 8 September 2012, Australia and Papua New Guinea signed the Memorandum of Understanding between the Government of the Independent State of Papua New Guinea and the Government of Australia, relating to the Transfer to and Assessment of Persons in Papua New Guinea, and Related Issues. 38 On 10 October 2012, Papua New Guinea was designated as a regional processing country pursuant to section 198AB of the Migration Act 1958 and the first transferee was received by Papua New Guinea at the Manus RPC on 21 November 2012. The Manus RPC was initially established as a centre accommodating single adults, children, and families. In July 2013, the centre became a single adult male only facility. 39 On 30 April 2013, Papua New Guinea and Australia reached agreement on administrative arrangements to support the implementation of the memorandum of understanding. On 19 July 2013, Australia signed the Regional Resettlement Arrangement with Papua New Guinea. The Regional Resettlement Arrangement provides for permanent settlement in Papua New Guinea of persons who Papua New Guinea has determined to be refugees. The Regional Resettlement Arrangement also supports the policy that illegal maritime arrivals will not be settled in Australia. 40 A new memorandum of understanding reflecting the commitments in the Regional Resettlement Arrangement and replacing the memorandum of 2012 was signed on 6 August 2013. Australia agreed to bear all costs under the agreement and to support the Government of Papua New Guinea to implement arrangements, including settlement, returns, and removals. 41 New administrative arrangements were signed in July 2014 in support of the Regional Resettlement Arrangement and the August 2013 memorandum of understanding.

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Arrangement with Cambodia

42 On 26 September 2014, Australia’s then Minister for Immigration and Border Protection, and Cambodia’s Deputy Prime Minister and Minister for the Interior, signed the Memorandum of Understanding between the Government of the Kingdom of Cambodia and the Government of Australia relating to the Settlement of Refugees. The arrangement allows people determined by the Government of Nauru to be refugees to settle in Cambodia permanently.

Regional processing and settlement policy and context

43 Regional processing and settlement arrangements in Nauru and Papua New Guinea, and settlement arrangements in Cambodia are managed by those respective governments. 44 Nauru, Papua New Guinea, and Cambodia are sovereign nations and Australia does not exert control over their respective executive, legislative, or judicial functions. Australia provides support and assistance, including significant capacity-building assistance, to regional processing countries. Support provided by the Department to the governments of Nauru and Papua New Guinea includes: – assisting the establishment and implementation of refugee status determination processes – constructing accommodation for transferees and refugees – contracting services, including garrison support and welfare, health, settlement, claims assistance, and returns – developing and improving community infrastructure to service refugees and local communities – providing capacity building for regional processing government staff, and – assisting regional processing countries to develop their removals capabilities. 45 The Department has assisted the Cambodian Government to provide settlement services to refugees who volunteer to settle in Cambodia from Nauru. The Department provides advice, funding, and expertise to improve Cambodian Government capacity in areas such as refugee and settlement policy, and developing and maintaining administrative processes, and legislative instruments to support refugees. 46 Subsequent amendments to Australia’s legislative provisions for regional processing include: – June 2013, the Migration Amendment (Unauthorised Maritime Arrivals and Other Measures) Act 2013 provided that an ‘unauthorised maritime arrival’ to the Australian mainland was also subject to regional processing – June 2015, the Migration Amendment (Regional Processing Arrangements) Act 2015 affirmed the Commonwealth’s authority to provide assistance to regional processing countries, including the expenditure of Commonwealth money on these arrangements.

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Nauru—legislation and policy

47 To facilitate the reception and management of transferees the Government of Nauru passed two key pieces of legislation, the Refugees Convention Act 2012 providing for the assessment of transferees’ protection claims by Nauru, and the Asylum Seekers (Regional Processing Centre) Act 2012 that provides for the management of transferees in Nauru. 48 Transferees, and those assessed by Nauru to be in need of protection, are under the management and administration of the Government of Nauru while in Nauru. While the Government of Australia funds regional processing and settlement arrangements in Nauru, it does not have effective control of the arrangements, which are within the jurisdiction of the Government of Nauru. 49 The Government of Nauru’s legislation and policies set the operational framework for refugee status determination, centre operations and settlement processes in Nauru. Nauru’s Refugees Convention Act 2012 governs its refugee status determination process and its Immigration Act 2014 and Immigration Regulations provide specific visa classes for transferees (RPC visa) and refugees (Temporary Settlement visa). The Government of Nauru appoints operational managers for each of the three RPCs and establishes RPC rules, in line with the provisions of the Asylum Seekers (Regional Processing Centre) Act 2012. 50 The Government of Nauru has made policy and legislative changes to facilitate the processing of protection claims by transferees and settlement arrangements for those found to be in need of protection: – The Government of Nauru’s Refugees Convention (Amendment) Act 2014 gave effect to its complementary protection obligations under international law – Nauru progressively introduced open centre arrangements between February and October 2015. Consequently, the free movement of transferees in Nauru is not restricted – Nauru has set policy parameters for transferee and refugee accommodation arrangements, including limits on the number of beds at settlement sites, and a direction that RPC1 should be maintained as an administrative centre – In April 2015, the Government of Nauru agreed to all transferee and refugee children being educated in the Nauruan education system and students were transitioned into Nauruan schools from July 2015 – In May 2016, the Nauruan Parliament enacted the Crimes Act 2016, removing homosexuality and attempted suicide as offences, and strengthening child protection. The Mentally-disordered Persons (Amendment) Act 2016 provides for certain places to be designated as mental health facilities, appoints authorised officers, and provides for involuntary assessments of individuals’ mental health in certain, specified circumstances – In June 2016, the Nauru parliament passed the Child Protection and Welfare Act 2016 enshrining legal provisions for the protection of all children in Nauru.

Legal status of transferees in Nauru 51 The legal status of transferees in Nauru is set out in Nauruan domestic legislation. Each transferee is granted a RPC visa by the Government of Nauru pursuant to Regulation 9 of the Immigration Regulations 2014 (Nr) (the Regulations). The Regulations set out the basis for the grant of a RPC visa that enables lawful residence in Nauru for the processing of protection claims, pursuant to section 6 of the Refugees Convention Act 2012 (Nr). The RPC visa is valid for three months and renewable on payment by the Department. 52 The Refugees Convention Act 2012 also makes provision for merits review or court appeal in respect of a refugee status determination.

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53 The Regulations were amended in 2014 to provide for the automatic conversion of an RPC visa to a Temporary Settlement visa, upon notice that a transferee has been recognised as a refugee or as a person in need of complementary protection. A Temporary Settlement visa is not subject to any statutory condition as to residence in or leaving the RPC, but may be granted subject to any other reasonable condition considered necessary or desirable. The Temporary Settlement visa is valid for six months and renewable on payment by the Department. 54 The Immigration Act 2014 (Nr) provides the Nauruan Minister for Justice and Border Control with powers to remove non-citizens from Nauru who do not have a legal right to stay. Nauru has agreed to exercise these removal powers once a transferee has exhausted all avenues of review and appeal, and has not chosen to return home voluntarily.

Papua New Guinea—legislation and policy

55 The Papua New Guinea Migration Act 1978 and Migration Regulation 1979 provide authority for RPC operations and empower the Papua New Guinea Minister for Foreign Affairs and Immigration to determine whether a non-citizen is a refugee. The Manus RPC and East Lorengau Refugee Transit Centre have been designated as ‘relocation centres’ for accommodating transferees arriving under the Regional Resettlement Arrangement. 56 The Papua New Guinea Migration Act 1978 also gives the Minister authority to appoint an Administrator for the RPC. Papua New Guinea’s Chief Migration Officer has delegated responsibility for day-to-day management of the centre to an operations manager, who is located at the Manus RPC. 57 On 23 October 2015, Papua New Guinea’s Minister for Foreign Affairs and Immigration announced that the National Executive Council (Cabinet) had approved the Papua New Guinea National Refugee Policy. This paved the way for those found to be refugees to settle in Papua New Guinea while enabling pathways to citizenship for over 10,000 refugees from West Papua. The policy outlines the following five key principles that guide Papua New Guinea’s approach to managing refugee issues and meeting its international obligations: – Papua New Guinea recognises the rights of refugees in accordance with its commitments under the Refugees Convention, and incorporates these within national legislation – Papua New Guinea is committed to working with other countries and international organisations to provide protection to refugees and combat people smuggling, trafficking in persons and related transnational crime – Papua New Guinea may enter into arrangements with other countries or international organisations for processing of asylum seekers’ claims and where appropriate settlement of refugees – Papua New Guinea embraces the skills and qualities of refugees, supports them to become self-sufficient and offers them the opportunity to become citizens – Papua New Guinea contributes to global refugee support efforts and targets for the international resettlement of refugees with appropriate skills required by Papua New Guinea for its national development. 58 The Government of Papua New Guinea has also made the following decisions relating to processing and settlement arrangements: – Papua New Guinea maintained that refugees could not settle outside Manus Province until its National Refugee Policy was approved. In October 2015, Papua New Guinea relaxed the condition that refugees could not settle outside Manus Province until they had gained employment – On 27 April 2016, a bus service commenced to assist the movement of transferees and refugees between the Manus RPC, the Lorengau township, and the East Lorengau Refugee Transit Centre.

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59 Regional processing in Papua New Guinea has been subject to challenges in Papua New Guinea courts. On 26 April 2016, the Papua New Guinea Supreme Court handed down its decision on the SCA. 84 of 2013 (Namah) case, which considered whether the ‘detention’ of transferees at the Manus RPC was contrary to their constitutional right of personal liberty guaranteed by s42 of the Papua New Guinea Constitution. The Supreme Court found that it is unconstitutional to ‘detain’ asylum seekers at the Manus RPC. 60 Following the ruling, Papua New Guinea’s Prime Minister, the Hon. Peter O’Neill CMG, announced the Manus RPC would be closed and acknowledged it would take time to do so. As yet, no timeframe has been given for the closure. The Australian Government’s priority is to support Papua New Guinea to finalise outstanding protection claims, and secure appropriate resettlement or return outcomes for all people at the Manus RPC, so that it may be closed.

Legal status of transferees in Papua New Guinea 61 The legal status of transferees in Papua New Guinea is set out in the relevant domestic legislation. Transferees arriving in Papua New Guinea under the Regional Resettlement Arrangement are exempted under section 20 of the Migration Act 1978 (PNG) from holding an entry permit. This exemption remains valid for their stay in Papua New Guinea, until a ceasing event occurs. 62 Transferees found to be refugees by the Government of Papua New Guinea are invited to lodge a Refugee visa application and certificate of identification. Refugee visas are valid for 12 months, and are renewable, without fee, on re-application. 63 Transferees found not to be a refugee are subject to removal under the Migration Act 1978 (PNG). Prior to removal, the Government of Papua New Guinea conducts a deportation risk assessment to ensure that the transferee is not in need of international complementary protection. The Department supports the Government of Papua New Guinea to identify durable solutions for persons found to be in need of complementary protection.

Australia’s Migration Act 1958

64 In line with the recommendations of the Report on the Expert Panel on Asylum Seekers the Migration Act 1958 was amended to introduce new regional processing provisions. The changes meant that persons entering Australia by boat at an excised offshore place without a visa on, or after 13 August 2012, would be subject to regional processing arrangements and paved the way for Nauru and Papua New Guinea being designated as regional processing countries. The Act requires that certain ‘unauthorised maritime arrivals’ must be taken to a regional processing country as soon as reasonably practicable. In considering practicability, the Department assesses whether sufficient accommodation and services are available in the regional processing country to receive the person. This is assessed against transferees’ individual circumstances, including health and legal matters.

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Australian Border Force Act 2015

65 The Australian Border Force Act 2015 (ABF Act) applies to Immigration and Border Protection workers in the Department of Immigration and Border Protection together with certain consultants and contractors who perform services for the Department. It does not apply to journalists, civil society organisations or others who are not employed by or performing services for the Department. 66 The ABF Act does not prevent workers, including consultants and contracted service providers engaged by the Department, from sharing protected information with relevant parties where it is appropriate for them to do so in the course of their employment or service, or as otherwise authorised by the ABF Act. 67 The Department has issued an amended determination to make it clear that health practitioners are not subject to the ABF Act, including its secrecy and disclosure provisions. This extends to health practitioners working in RPCs and immigration detention centres in Australia. The Department maintains that the ABF Act was not designed to prevent individuals, including health practitioners, from raising their concerns regarding general conditions in immigration facilities through appropriate channels, which reflect their legal and commercial responsibilities. Nor does the ABF Act prevent them from fulfilling their mandatory reporting obligations, including in relation to child abuse, self-harm and neglect. 68 Australia’s Public Interest Disclosure Act 2013 (PID Act) is central to democratic, ethical, and accountable government in Australia. This legislation allows for current and former public officials, including contracted service providers, to make disclosures that are protected by the PID Act, establishing a legislative scheme to investigate allegations of wrongdoing and providing robust protections for current or former public officials who make public interest disclosures under this scheme.

Policy framework in Australia

69 The Australian Government has consistently maintained that illegal maritime arrivals, including women, children and unaccompanied minors, are subject to regional processing. This policy remains important in stemming the flow of illegal maritime ventures and preventing people smugglers from dispatching vessels filled predominantly with women and children. 70 Various changes have occurred to the regional processing policy framework since 2012. In July 2013, following the signing of the Regional Resettlement Arrangement with Papua New Guinea, people taken to a regional processing country between 13 August 2012 and 19 July 2013 were returned to Australia for their protection claims to be assessed through the Australian system.

Australia’s international legal obligations

71 Australia is relevantly a party to the 1951 Convention relating to the Status of Refugees as amended by the 1967 Protocol Relating to the Status of Refugees (Refugees Convention), the International Covenant on Civil and Political Rights and its Second Optional Protocol aimed at abolishing the death penalty, the Convention on the Rights of the Child and the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment. Under those treaties, Australia has certain obligations to all persons within its jurisdiction. One of the key relevant obligations is non-refoulement, being the requirement not to send a person to a country where the person would be at a real risk of persecution or certain other types of harm (arbitrary deprivation of life, application of the death penalty, or being subjected to torture or to other cruel, inhuman or degrading treatment or punishment). 72 Under the Australian Government’s legal and policy framework for regional processing, people arriving in Australia illegally by boat are sent to a regional processing country for assessment by that country

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as to whether the person is in need of protection. If found to be in need of protection, the person will be settled in the regional processing country or a third settlement country. 73 Under the memoranda discussed above, Nauru and Papua New Guinea have respectively assured Australia that people transferred by Australia to their jurisdictions will: – be treated with dignity and respect and in accordance with relevant human rights standards – not be expelled or returned to another country where his or her life or freedom would be threatened on account of his or her race, religion, nationality, membership of a particular social group, or political opinion – be assessed as to whether they meet the definition of refugee under the Refugees Convention, and – not be sent to another country where there is a real risk that the transferees will be subjected to torture, cruel, inhuman, or degrading treatment or punishment, arbitrary deprivation of life or the imposition of the death penalty. 74 These assurances protect Australia from breaching its non-refoulement obligations, as they limit the risk of chain-refoulement, that being refoulement of a transferee by a regional processing country. 75 Additionally, Australia complies with its non-refoulement obligations by conducting pre-transfer assessments in relation to all persons liable for transfer to a regional processing country. This assessment is used to consider whether appropriate support and services are available in the regional processing country, and to confirm that there is no barrier – such as non-refoulement obligations – to the transfer occurring. Where barriers to transfer exist, the assessment may recommend that the person be: – reconsidered for transfer at a later date – transferred to an alternative regional processing country, or – referred to the Minister for Immigration and Border Protection for an exemption in accordance with the ‘public interest’ Ministerial power in section 198AE of the Migration Act 1958. 76 Once a person is transferred to a regional processing country, the assessment of his or her protection claims is a matter for the government of that country, having regard to their domestic and international legal obligations, and their commitments under the memoranda of understanding. 77 Australia’s international obligations apply only to those who are within its jurisdiction.

Regional processing countries’ international legal obligations and commitments

78 Nauru and Papua New Guinea are also parties to a number of relevant international treaties. Both are parties to the Refugees Convention, and the Convention on the Rights of the Child. Papua New Guinea is a party to the International Covenant on Civil and Political Rights, which Nauru has signed but not yet ratified. Nauru is a party to the Convention against Torture. Under the respective regional processing memoranda with Australia, the governments of Nauru and Papua New Guinea have committed to treat transferees with dignity and respect and in accordance with relevant human rights standards. As noted above, Nauru and Papua New Guinea have made commitments concerning non-refoulement.

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Refugee status determination

Nauru 79 Refugee status determination is undertaken by the Government of Nauru under the Refugees Convention Act 2012. The Department supports the refugee status determination process by funding an independent claims assistance provider to assist transferees to prepare and lodge their primary, and if required, merits review and Supreme Court appeals applications. 80 Nauru’s Refugees Convention Act 2012 provides for independent merits review of a negative primary determination by the Refugee Status Review Tribunal. A transferee receiving a negative review determination may seek appeal to the Nauru Supreme Court, which can either uphold the determination or remit the decision to the tribunal for further review. In respect of certain matters, transferees may appeal a Supreme Court finding to the High Court of Australia consistent with the Appeals Act 1972 (Nr). 81 The Government of Nauru Secretary is the decision making delegate for refugee status determinations. 82 All transferees have access to interpreting services to support the preparation of claims. Departmental officers have provided training and mentoring support to Government of Nauru protection claims assessors and other support as required. 83 Transferees found to be refugees or otherwise in need of protection by the Government of Nauru are permitted to settle temporarily in Nauru for up to ten years, pending permanent third-country resettlement.

Papua New Guinea 84 Refugee status determination is undertaken by the Government of Papua New Guinea under its Migration Act 1978 (PNG). As with Nauru, the Department provides support by funding an independent claims assistance provider to assist transferees to prepare and lodge their primary, and if required, merits review applications. 85 Under Papua New Guinea’s refugee determination guidelines a transferee receiving a negative initial refugee assessment may seek independent merits review from the Refugee Assessment Review Panel. Papua New Guinea’s Minister for Foreign Affairs and Immigration is the delegate for all refugee determinations. The Minister’s decision is not appealable to a court. Transferees found not to be in need of international protection by the Minister will be issued a removal order and a detention order under the Migration Act 1978 (PNG) and removed from Papua New Guinea, subject to a deportation risk assessment. 86 All transferees have access to interpreting services to support the preparation of claims. As in Nauru, the Department has provided training and mentoring support to Papua New Guinea’s protection claims assessors. 87 Transferees found to be refugees by the Government of Papua New Guinea may settle permanently in Papua New Guinea.

Governance, management, and scrutiny

88 A number of daily and weekly interagency forums are held in Nauru and Manus to ensure effective management of transferees and refugees. A comprehensive list including the types, frequency, purpose, and membership of these forums is at Annex B.

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Joint Advisory Committee

89 Under the respective memoranda, the Department and the governments of Nauru and Papua New Guinea have established separate Joint Advisory Committees to guide the implementation of regional processing and settlement arrangements. Joint Advisory Committees provide advice and guidance to support continuous improvement of conditions in the Nauru and Manus RPCs and settlement of refugees.

Nauru 90 The Nauru Joint Advisory Committee is a quarterly meeting co-chaired by the Nauru Minister for Justice and Border Control and the Department’s Deputy Commissioner—Support, to oversee the implementation and operation of regional processing and settlement arrangements. Membership comprises Australian and Nauruan government officials, independent subject-matter experts and observers, including the representatives of the office of the UNHCR, and the Commonwealth Ombudsman. 91 The Nauru Joint Advisory Committee was established in December 2012, and to date has convened 17 times since its inception. The Nauru committee is scheduled to meet approximately every three months in 2016. The Nauru Joint Advisory Committee has four subcommittees: – Physical and Mental Health – Legal – Safety and Security – Children and Community Services. 92 The subcommittees hold up to four meetings throughout the year, and undertake up to two site visits. As of 30 September 2016, the Nauru Joint Advisory Committee, including its subcommittees, had made seven visits to Nauru during 2016. 93 Since May 2016, the Department and the Government of Nauru have held an Operational Coordination meeting approximately every three months, to discuss and drive operational implementation. Membership includes Government of Nauru officials, independent subject-matter experts and departmental officials.

Papua New Guinea 94 The Papua New Guinea Joint Advisory Committee is co-chaired by representatives of the Papua New Guinea Government and the Department. At the mutual agreement of Papua New Guinea and Australia, two independent experts observe and advise the Joint Advisory Committee. The Papua New Guinea Joint Advisory Committee has met seven times since August 2013.

Scrutiny

95 Since July 2013, over 40 reviews and reports have been completed on regional processing activities, including both internally-commissioned reviews and reviews by external bodies. Reviews include parliamentary inquiries; reviews led by or commissioned by the Department; Joint Advisory Committee recommendations; and post-visit reports from oversight and scrutiny organisations including the UNHCR, International Committee of the Red Cross, and the Commonwealth Ombudsman. 96 Significant scrutiny has been, and continues to be given, to regional processing arrangements through recent Senate and select committee inquiries, and through independent investigations and reviews (see Annex C).

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97 In March and June 2015, the Department prepared submissions to the Select Committee on the Recent Allegations relating to Conditions and Circumstances at the Regional Processing Centre in Nauru, as well as the provision of evidence by senior departmental officials at three public hearings. 98 In March 2016, the Department prepared a written submission to the Inquiry into the conditions and treatment of asylum seekers and refugees at the regional processing centres in the Republic of Nauru and Papua New Guinea. This Inquiry did not proceed due to the dissolution of the 44th Parliament.

Review into the 19 July 2013 incident at the Nauru RPC— Mr Keith Hamburger AM

99 On 19 July 2013, a riot occurred at the Nauru RPC resulting in significant destruction of and damage to infrastructure. The Department initiated a review into the incident. 100 Mr Keith Hamburger AM made ten recommendations in his review around improved staffing; review of the fire response capacity; strengthening of administrative arrangements; and improvements to guidelines and protocols governing the centre. All recommendations have been implemented.

Review into allegations of sexual and other serious assaults at the Manus RPC—Mr Robert Cornall AO

101 Following allegations raised on the SBS Dateline programme on 23 July 2013, the Department initiated a review to investigate and report on the issues raised by those allegations. 102 Overall, Mr Robert Cornall AO found that the following alleged incidents did not occur: – transferees being sexually abused, raped and tortured with the full knowledge of staff – victims being returned to the single adult male compound to be raped again – weapons including knives being held by transferees, and – a man having solvent poured into his ear. 103 The Review found that other alleged events that did occur were distorted or their significance was either exaggerated or misunderstood in the SBS television programme and the related media articles. 104 Notwithstanding these findings, Mr Cornall’s report made six recommendations around accommodation of vulnerable transferees; development of policies for dealing with future allegations of sexual assault; making the Manus RPC an open centre; improved training and improvements to activities provided by the contracted service provider. With the cooperation of the Government of Papua New Guinea the Department has implemented all recommendations.

Review into the events of 16–18 February 2014 at the Manus RPC— Mr Robert Cornall AO

105 In May 2014, the Secretary received an independent report by Mr Robert Cornall AO, entitled the Review into the Events of 16–18 February 2014 at the Manus Regional Processing Centre, and provided the report and other submissions to the Senate inquiry into the Incident at the Manus Island Detention Centre from 16 February to 18 February 2014. 106 Mr Cornall made 13 recommendations, all of which have been implemented.

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Review into recent allegations relating to conditions and circumstances at the Regional Processing Centre in Nauru—Mr Philip Moss

107 Mr Philip Moss reviewed allegations relating to conditions and circumstances at the Nauru RPC between July 2013 and October 2014. Mr Moss presented his report, Review into recent allegations relating to conditions and circumstances at the Regional Processing Centre in Nauru to the Secretary on 9 February 2015. Mr Moss made 19 recommendations, comprising 38 action items, which were agreed by the Department. With the cooperation of the Government of Nauru, the Department has finalised the 18 recommendations and 37 action items that it was able to effect. The Department is continuing to support the Government of Nauru to implement the remaining recommendation and action item. 108 The implemented recommendations include: – supporting the Government of Nauru to develop a child protection framework focusing on child safeguarding and prevention – privacy screens installed in family accommodation – new settlement accommodation for refugees and retro-fitting air-conditioning in most settlement accommodation – supporting the Government of Nauru through mentoring and training to progress refugee status determinations – increasing fencing and lighting in the RPC to improve personal safety, and – establishing a ‘drop-in’ centre staffed by service providers for transferees to raise issues as required. 109 In late 2014, the Moss Review also referred 42 allegations raised by individuals during interviews or identified throughout the review to the Department for investigation. The allegations relating to children were also referred to the Child Protection Panel for review (see paragraphs 110 to 114).

Child Protection Panel

110 In March 2015, following the release of the Australian Human Rights Commission’s The Forgotten Children: National Inquiry into Children in Immigration Detention 2014 and the Moss Review, the Department established the Child Protection Panel (the Panel). The Panel was convened to provide independent advice on the wellbeing and protection of children in RPCs and in immigration detention in Australia, and assurance that a comprehensive and contemporary framework relating to the protection of children is in place. 111 The Panel consisted of eminent individuals from law enforcement, child protection, and public administration backgrounds. 112 The Department facilitated the Panel’s access to all relevant information and stakeholders to enable a comprehensive and objective review. 113 As part of its work, the Panel reviewed incidents of child abuse, neglect, and exploitation alleged to have occurred in RPCs and in immigration detention in Australia between 1 January 2008 and 30 June 2015. The Panel assessed whether incidents were handled appropriately and in accordance with incident management and reporting protocols. 114 The Child Protection Panel submitted its final report to the Department in early 2016. The Department has taken steps to address the panel's recommendations, including the publishing of a new Child Safeguarding Framework on the department’s website, developed to guide the work of departmental staff and service providers who interact directly with children.

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Associated developments 115 The Nauruan Parliament passed the Child Protection and Welfare Act 2016 on 10 June 2016, ushering in legal provisions for the welfare, care, and protection of all children in Nauru, and for the enforcement of children’s rights under various international conventions, including the Convention on the Rights of the Child. 116 The Child Protection and Welfare Act defines ‘children’ as all people under the age of 18 and takes a family-centric approach to child welfare and protection. Among other provisions, the law gives the Ministry of Home Affairs a mandate to take action to prevent and protect children from harm, and provides for powers of investigation, moving a child to a safe place in cases where harm may or has come to a child, and placement of children with other caregivers.

External scrutiny

117 Independent scrutiny agencies play an active role in monitoring the RPCs through visits. Independent subject-matter experts from the Joint Advisory Committee make regular visits to Nauru and Papua New Guinea in their advisory capacity to the governments of Nauru, Papua New Guinea, and Australia. 118 Information about independent scrutiny organisations and how to lodge a complaint is available to transferees. 119 Access to the RPCs in Nauru and in Papua New Guinea is at the sole discretion of the governments of those countries, which have enabled visits by independent scrutiny organisations, such as: – Commonwealth Ombudsman – Australian National Audit Office – Comcare – Office of the International Committee of the Red Cross – Office of the United Nations High Commissioner for Refugees. For details on these bodies refer to Annex C. 120 Recommendations for improvement arising from these visits are made to the governments of Nauru and Papua New Guinea and the Department. The Department supports and assists Papua New Guinea and Nauru, its service providers, and external agencies to implement the recommendations stemming from these visits, assessments, and reviews as required, and within the context of government policy. Recommendations relate to: – mental health and broader health issues in the RPCs – physical infrastructure – regional processing operations – case management and transferee wellbeing – complaint handling and complaint management – child protection, and – family separation and unity.

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121 As at 31 August 2016, the following independent visits have occurred at the Nauru and Manus RPCs.

Table 1 Independent visits to the Nauru RPC

Nauru visits

Organisation 2012 2013 2014 2015 2016 Total Commonwealth Ombudsman – – 1 2 1 4 International Committee of 1 4 4 2 2 13 the Red Cross United Nations High 1 3 1 1 1 7 Commissioner for Refugees Amnesty International 1 – – – – 1 International Organization of – 1 – – 1 2 Migration COMCARE – 1 1 1 – 3 Australian National Audit – – – 1 – 1 Office Nauru Joint Advisory – 4 4 6 6 20 Committee

Table 2 Independent visits to the Manus RPC

Manus visits

Organisation 2012 2013 2014 2015 2016 Total International Committee of – 3 2 3 2 10 the Red Cross Commonwealth – – 1 2 1 (another 4 Ombudsman scheduled 10–15 Oct.) United Nations High – 4 1 3 1 9 Commissioner for Refugees Amnesty International – 1 – – – 1 International Organization of – – – 1 – 1 Migration COMCARE – – 2 1 – 3 Manus Joint Advisory – – – 2 1 3 Committee Australian National Audit – – – 1 – 1 Office

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United Nations Children’s Fund 122 In September 2016, the United Nations Children’s Fund (UNICEF) released its report At What Cost: The Human, Economic and Strategic Cost of Australia’s Asylum Seeker Policies and the Alternatives. The report focused on the experience of children in Australia, Nauru and the broader region. The Australian Government welcomes independent scrutiny of regional processing matters and of the immigration system more generally. UNICEF’s report highlighted the need to protect children from dangerous maritime voyages and to combat people smuggling activities.

United Nations High Commissioner for Human Rights 123 The Department is aware that the Office of the United Nations High Commissioner for Human Rights has visited Nauru on multiple occasions in its human rights monitoring capacity. These visits are arranged directly with the Government of Nauru and have included review of regional processing arrangements, together with scrutiny of other human rights activities in Nauru.

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PART B: Incidents and complaints

124 Incident reporting and management in RPCs is a critical function. It is important for the safety of transferees, refugees, and staff working in the RPCs, and to maintain the good order of the centres. The incident management process presents a trail of evidence to show actions taken by staff and transferees. It is also a source of information to support continuous business improvement. Incidents are managed by service providers and, where appropriate, are referred to the governments of Nauru and Papua New Guinea to make a police referral. 125 There have been a number of high-profile and serious incidents in RPCs since 2012, including the deaths of four people, two in both Nauru and Papua New Guinea. A further two people died after medical transfer to Australia. 126 Issues canvassed in media reporting show the complexity of the regional processing environments and the seriousness of some of the issues and incidents managed by the governments of Nauru and Papua New Guinea, and service provider staff. The recent release of 2123 incidents by The Guardian titled the ‘Nauru Files’, highlighted the range of incidents that occurred in a RPC, from serious self-harm attempts and assault, to minor logistical matters. 127 Over the course of the last four years, management-initiated reviews into incident management have served to improve cohesion between providers, after identifying providers had different incident reporting structures. The reviews also considered issues of consistency in assessing and classifying incidents, and failure to comply with mandated processes for reporting timeframes and recording incidents. 128 Prior to August 2014, there were limited processes in place for recording and collating RPC incidents reported to the Department. While the Department holds some information from service providers, the incidents were not compiled in a structured database. The Department is scoping requirements to collate known complaints and incidents before August 2014, how to best store this material, and what interrogation is possible over the short to medium term. 129 In mid-2014 the Planning and Operational Management System (POMS) was introduced by the Department to record incidents occurring in the Nauru and Manus RPCs that are reported by contracted service providers, and by September of that year the system was fully operational in the offshore environment. POMS provides a single data-collection point for the Department and issues situational reports as required. The introduction of POMS has improved the transparency and consistency of reportable incidents. POMS is not a case management system and does not track an incident to finalisation, particularly when the management of the incident is transferred to the Nauru Police Force or the Royal Papua New Guinea Constabulary.

Incident reporting and management framework in the RPCs

130 Service providers in the RPC are responsible for the immediate response and management of all incidents involving transferees and residents of a centre. Incident data is defined by the Department’s incident reporting framework, which provides categorisation of incidents. 131 Service providers notify the governments of Nauru and Papua New Guinea of all reportable incidents in their respective countries. 132 Current service providers are contractually required to report and record all reportable incidents to the Department that occur in RPCs. The Department maintains a record of all reported alleged incidents. Robust reporting protocols govern the reporting of all incidents.

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133 Reporting timeframes depend on the nature and severity of the incident. Service providers are required to orally report incidents to the Department within the following timeframes: – critical incidents – garrison and welfare service providers—no later than 30 minutes – health service provider no later than one hour, and – major incidents—no later than 60 minutes. 134 Oral reports must be followed up with written notification of the incident within the following timeframes: – critical incident—within three hours – health services critical incidents within four hours – major incident—within six hours – minor incident—within 24 hours, and – health service provider non-critical incidents—within 24 hours. 135 Where an alleged victim consents, or in line with mandatory reporting relating to the possible sexual assault of a minor, or an event that may otherwise be a child protection matter, the allegation is reported for investigation to the Nauru Police Force or Royal Papua New Guinea Constabulary, through Government of Nauru or Immigration Citizenship Services Authority Operational Managers respectively. In the event of an alleged assault at an RPC, including sexual assault and incidents involving children, the victim is provided with medical and mental health support by IHMS, and welfare. 136 In Nauru, the alleged victim is referred to the Government of Nauru’s Victim Support Service, as appropriate. The alleged victim’s placement within the centre is also reviewed for appropriateness. 137 If the incident involves a child—noting that children are now only accommodated in Nauru—it is referred to the Broadspectrum Welfare Team and alleged victims are routinely monitored through the stakeholder Children and Family Meeting. Incidents are referred to the Government of Nauru Child Protection Unit in accordance with the Broadspectrum Child Safeguarding Protocol. For refugee children the matter is reported by Connect Settlement Services to the Nauru Police Force for investigation. 138 Broadspectrum reports any known alleged incidents involving transferees that occur outside the centre to the respective Government of Nauru or Papua New Guinea Operational Managers for further referral to the Nauru Police Force and the Royal Papua New Guinea Constabulary as required. 139 Where a service provider staff member is alleged to be involved in an assault the allegation is referred to the relevant service provider and relevant police jurisdiction for investigation. A service provider staff member may be stood down during investigation of a matter, and terminated on substantiation of an allegation.

Reporting incidents involving refugees in the community

140 For incidents involving refugees in the Nauruan community, Connect Settlement Services encourages the alleged victim to report the incident directly to the Nauru Police Force and seek appropriate medical and mental health care from the Republic of Nauru Hospital or IHMS Settlement Health Clinic. In some cases, alleged victims choose not to report the matter to the police or seek medical advice. Generally, the Nauru Police Force has not routinely provided updates on investigations involving refugees to the Department or Connect Settlement Services; however, discussions have commenced as to how the Nauru Police Force might provide appropriate updates in the future.

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141 Matters involving refugees living in Manus or in the broader Papua New Guinea community will be referred by Papua New Guinea Immigration and Citizenship Services Authority to the Royal Papua New Guinea Constabulary, where known, for investigation and action as appropriate. 142 The Department works closely with the governments of Nauru and Papua New Guinea and service providers to assist them to ensure the safety and security of the RPCs and those residing in them.

Changes to the incident reporting framework

143 Since regional processing arrangements commenced in Nauru and Papua New Guinea in 2012, there have been various changes to the incident reporting framework. Changes often follow reviews of processes and generally involve improvements to incident categorisation. Table 3 below provides a snapshot of the changes since 2012.

Table 3 Changes to the incident reporting framework since 2012

Date Action Reason

November 2012 Service provider contracts mandate incident management protocol. Original Incident Reporting Categories established. Critical Incident (Category Three) Major Incident (Category Two) Minor Incident (Category One) June 2013 Incident Reporting Guidelines for RPCs, Incident type definitions/descriptors including incident categorisation established and issued to all service framework, developed and implemented providers including: – Incident Management – Post Incident Review – Preservation of Evidence – Incident Reporting – Debriefing – Security – CCTV Records

August 2014 Implementation of POMS Incident management system

September 2014 POMS fully operational in the regional processing environment December 2014 Nauru Settlement Incident Reporting Protocol—Service Provider operationalised as distinct from RPCs 13 April 2015 A training module incorporating the new Moss Review—recommendation 4 incident management standard operating procedure and process map was developed and delivered October 2015 Amended incident reporting categories for Incident reporting categories required RPCs implemented clarification to ensure consistent definitions with departmental reporting requirements. Nauru Settlement Incident Reporting Protocols introduced

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Date Action Reason

January 2016 Amended incident reporting categories for Categories updated to ensure consistent RPCs implemented definitions with departmental reporting requirements 16 June 2016 Standard operating procedure referring an allegation to the relevant host government police force drafted July 2016 POMS—Entering Wilson Cat 1 Incidents—Manus/East Lorengau Refugee Transit Centre procedure drafted 13 July 2016 Regional Processing Incident Reporting Protocol Papua New Guinea and Republic of Nauru drafted August 2016 Amended incident reporting categories for Categories updated to reflect open centre RPCs implemented policies and ensure a common approach between onshore and offshore incident management

Referrals to law enforcement

144 The law enforcement authority of the relevant host government is responsible for the good order of the society and the safety of all residents within its jurisdiction, including transferees and refugees. In Nauru, it is the Nauru Police Force, and in Papua New Guinea, it is the Royal Papua New Guinea Constabulary. 145 Law enforcement and prosecutions in Nauru and Papua New Guinea are a matter for each sovereign nation. The Nauru Police Force attends to call outs at the Nauru RPC, while the Royal Papua New Guinea Constabulary maintains a permanent presence at the Manus RPC. 146 The local law enforcement agencies are responsible for taking reports of allegations of misconduct or criminal behaviour, and requests from their governments to maintain the good order of the RPCs. Contracted service providers support local law enforcement agencies with all available assistance to conduct their investigations.

Leaked Incident Reports—Nauru

147 On 10 August 2016, The Guardian published 2107 leaked incident reports pertaining to the Nauru RPC on its website under the title ‘The Nauru files’. On the 19 September 2016, The Guardian published a further 16 leaked incident reports. 148 The Department has undertaken a review of all 2123 incidents covering the period from May 2013 to March 2016 to establish that actions were taken in response to these reports. 149 The total 2123 incidents published by The Guardian fall into the following four categories: – 23 Critical – 281 Major – 968 Minor and – 851 Information and unclassified reports.

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150 Of the 23 reports categorised as being Critical, the Department confirmed that in all cases immediate and appropriate action was taken. 151 Of the 281 reports categorised as being Major incidents: – 270 incidents had immediate and appropriate action taken – 11 had insufficient information to determine what actions were taken and accordingly it is not possible to determine if appropriate action was or was not taken. 152 Of the 1819 reports categorised as minor, information and unclassified. – The Department has been able to match or find a corresponding record for 1527 incidents against Departmental holdings. Irrespective of this, the Department reviewed all 1819 Guardian documents within the minor, information only or unclassified descriptor to determine actions taken and the appropriateness of these actions – Immediate and appropriate action was taken in 1460 situations – 268 records had insufficient information to determine what actions were or were not taken. Accordingly it is not possible to determine if appropriate action was or was not taken – 91 incidents were identified as having immediate action taken however there was nil or minimal information available for the officers reviewing these incidents to determine the appropriateness of that action. 153 The Department continues to assist and support service providers, the Government of Nauru, and local Nauruan authorities to support continuous improvement to incident response and reporting practices, including referrals for additional services or to the Nauru Police Force in cases of possible criminal wrongdoing. These continuous improvement processes have seen a significant strengthening of incident response and management capabilities, including how the Department tracks incidents reported to it and appropriate response actions.

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154 Generally, the incidents have been appropriately classified; however, other incidents have been misclassified and have not had their classification downgraded. Examples of misclassification in each of the ‘critical’, ‘major’ and ‘minor’ categories are provided below. Examples of misclassified ‘critical’ incidents include: – A transferee disclosed that she had filmed a video of her voicing her concerns and that the media in Australia already had the footage. She refused to provide further information – A transferee informed a Save the Children Australia worker that she had her photo taken by a Nauruan local security employee and that photo had been sent to the ABC or SBS. She further advised the Save the Children Australia worker that it was a Nauruan client service officer who used a camera phone. The transferee later advised that she had received emails from The Guardian newspaper because she had not yet given permission for the person who took the image to send it – A 16-year-old transferee had submitted a forged permission slip and was able to exit RPC3 under 'open centre' arrangements without parental consent. The minor left the facility with a 36-year-old female transferee and her son. Wilson Security made attempts to contact the woman by phone but were unsuccessful. The minor’s family was not distressed as they knew and were comfortable with the people with whom he left the RPC. The minor returned to RPC3 at 6.00pm and was spoken to about the parameters of the open centre arrangements. Examples of misclassified ‘major’ incidents include: – An unaccompanied minor on a beach excursion touched a sea urchin, which resulted in her finger being discoloured and swollen. Water was poured over the finger and the excursion was terminated. IHMS examined the finger and provided the transferee with antibiotic and scheduled a check-up appointment – Two minors were playing badminton, and got into an argument that resulted in a fight. Both had arms around each other's necks and had their hands on a racquet. They were split up and told to stop. After being spoken to about their behaviour, the two engaged in a fight grabbing on to each other's arms and were again split up. Examples of ‘minor’, unclassified or information incidents include: – Microwaves were not working and transferees were agitated – Construction had started early in the morning and a Save the Children Australia worker was unable to fulfil working duties due to being unable to sleep. 155 Of the incidents leaked by The Guardian, the Department did have the vast majority recorded in its systems. The Department identified all major and critical incidents. Additionally, 1522 of the 1814 ‘incidents’ that were either minor, for information or unclassified were identified, representing a high rate of data matching given the complexities of The Guardian’s redacted documents. 156 The Department is satisfied that the classification of incidents is generally appropriate. While there was some misclassification, there was no indication of systemic issues such as the deliberate downgrading of severity. As previously noted, 270 of the 281 major incidents were dealt with by immediate and appropriate actions, and there was insufficient information recorded about the remaining 11 incidents to determine conclusively what action had been taken.

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Complaints management

157 Transferees have access to a complaints and feedback management procedures that allow for issues to be resolved in an effective and fair manner and within a reasonable timeframe. Feedback and complaints made by transferees are recorded, acknowledged and delegated for internal investigation and responded to within clear timeframes. 158 Transferees are provided with information about the feedback and complaint system as part of the induction process when they first arrive at a RPC. Transferees are provided with an Induction Handbook that includes an outline of the complaints and feedback management process in their preferred language. Copies of the Complaints Management Procedure and complaint forms are available throughout the RPCs. A locked complaints box mounted in an accessible location is present in each RPC compound. This ensures confidentiality if a transferee chooses to make a complaint. Broadspectrum holds shopfront sessions and resident consultative groups where issues and complaints can be raised face to face with Broadspectrum staff. 159 All complaints are recorded in a complaints register and assigned tracking numbers to enable complaint monitoring through to resolution. Complaints received in a language other than English are registered in the complaints register and translated within two days. All actions associated with complaint management are recorded in the register. Transferees are provided with a response or update on the progress of the complaint within three days of lodgement. If the complaint is not resolved within seven days an interim update is provided on the seventh day and every seven days thereafter. Transferees are provided with details of action taken to resolve their complaint and informed when the complaint is closed. 160 If a transferee is dissatisfied with the response and action taken by the relevant service provider, they are encouraged to lodge a complaint with an external agency. Contact information for submitting complaints with external agencies including the Commonwealth Ombudsman and the International Committee of the Red Cross is displayed within the centres in line with Regional Processing Guidelines. Scrutiny organisations make regular visits to RPCs and engage with transferees during these visits. 161 Complaints raised through this process or directly with the scrutiny organisation are referred to the regional processing country government for response and remedy, as appropriate, with a copy going to the Department. Matters relating to the provision of services under contracts with the Department are managed and addressed by the Department.

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PART C: Preventative measures, service provision and support to transferees and refugees

162 The Department is committed to ensuring the governments of Nauru and Papua New Guinea are supported to provide for the needs of transferees and refugees, during their temporary or permanent settlement. 163 Support comes in many forms: through the provision of accommodation and material items, food and water, programmes and activities, transport, and welfare and health care. The Department funds a number of specialist providers to deliver these services. Service contracts include: – garrison and welfare – health services – settlement support services. 164 Accommodation and service arrangements in Nauru and Manus have matured over time since the quick stand-up of facilities in 2012, from temporary kitchens and military-style tents, to facilities with sophisticated medical centres and commercial kitchens. Services have grown and adapted over four years to meet the changing needs of transferees. Welfare services have evolved to enhance support to maintain wellbeing. The health services staffing profile has changed over time, with dentists, psychiatrists, laboratory technicians, radiographers and obstetricians now on staff.

Key contract periods

Table 4 Contracted service providers

Organisation Contract period Services provided

Broadspectrum 14 September 2012 to Nauru – garrison services (formally Transfield Services 28 March 2014 (Australia) Pty Ltd) 24 March 2014 to Nauru and Manus – 31 October 2017 garrison and welfare services G4S Australia and New Zealand 10 October 2012 to Manus – garrison services 31 March 2014 Save the Children 12 October 2012 to Manus – welfare services to 5 August 2013 children, families, and single adult women 5 August 2013 to Nauru – welfare services to 31 October 2015 children, families, and single adult women, including education of refugee children up to July 2015 May 2014 to Nauru – refugee settlement December 2014 services The Salvation Army 11 September 2012 to Nauru and Manus – welfare 28 March 2014 services for single adult men

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Organisation Contract period Services provided

International Health and Medical 14 September 2012 to Nauru and Manus – Services ( IHMS) 30 June 2017 health services 21 July 2014 Heads of Agreement for the provision of settlement health services for refugees in Nauru 6 February 2015 Heads of Agreement for the provision of settlement health services for refugees in Manus Connect Settlement Services 8 December 2014 to Nauru – refugee settlement 7 December 2016 services

Accommodation

165 Transferees are accommodated in RPCs in Nauru and Papua New Guinea pending the assessment of their protection claims. Since 2012, accommodation has been enhanced to provide residents with more privacy, and where possible, space. Some accommodation in Nauru and Papua New Guinea is air-conditioned. Where air-conditioning is not available, fans are provided.

Accommodation in Nauru

166 The Nauru RPC comprises three separate centres: – RPC1 is the administrative and logistics hub, with a medical centre, interview rooms, managed transferee accommodation units and some staff accommodation – RPC2 provides accommodation for up to 500 single adult males in marquee accommodation with solid timber flooring. It includes a gym, recreation areas, phone banks and internet rooms, as well as a servery and dining areas – RPC3 can accommodate up to 600 persons and is designed to cater for families and single adult females in marquees with privacy screening and in some areas floor-to-ceiling wall partitioning. Some areas, including marquees housing families with children under four, are air-conditioned. The centre has facilities for babies, a servery and dining facilities, recreational facilities, including a playground, volleyball court and astro-turfed soccer pitch, and hard-walled ablutions.

Settlement accommodation 167 There is a range of accommodation options for refugees in Nauru, including privately leased houses, and renovated and purpose-built accommodation complexes. Accommodation is generally self- contained, with shared or stand-alone kitchen and laundry facilities and communal areas. Purpose built accommodation is designed for the free flow air relevant to the site location. There are six settlement accommodation sites in Nauru at Fly Camp, Ewa, Nibok, Anibare Lodge, Ijuw Lodge, and Anuijo. Further settlement accommodation options are scheduled to come on line in late 2016, which will reduce the refugee population at RPC2 and RPC3. 168 Photographs included throughout this section are published with the permission of the governments of Nauru and Papua New Guinea.

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Photo: Nibok settlement site 2016

Photo: Ewa settlement site 2016

Photo: Fly camp settlement site 2016 Photo: Anuijo settlement site 2016

Photo: Anuijo settlement site 2016

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Accommodation in Manus

169 Accommodation is a mixture of hard-walled modules and hard-walled marquees. Accommodation is generally dormitory-style living. 170 In June 2015, new RPC2 facilities including a medical centre, a playing field, covered sports court, classrooms and gymnasium, and commercial kitchen were commissioned and handed over to Immigration and Citizenship Services Authority for use. The facilities also encompass interview and processing rooms, a property store, managed accommodation facility, commercial-grade laundry, and logistics hub incorporating water production and storage, fuel storage, recycling facilities, power generation and warehousing.

Photo: Manus RPC recreational facilities 2016

Refugee accommodation

171 In October 2014, the East Lorengau Refugee Transit Centre was commissioned and handed over for use. The facility can accommodate 298 persons and has training rooms, communal prayer rooms, community gardens, a sports field, outdoor shade structures and outdoor exercise equipment, and a central administration building. It is used as a staging facility for refugees, pending permanent settlement in Papua New Guinea, outside Manus Province. The first refugee took up residence at the East Lorengau Refugee Transit Centre in January 2015. 172 Refugees permanently settling in Papua New Guinea are accommodated in privately-leased properties and, if employed, within reasonable proximity to their place of employment.

Photo: East Lorengau Refugee Transit Centre 2016

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Mould reduction 173 Broadspectrum cleans marquees and removes mould in accordance with cleaning and sanitation management requirements. Broadspectrum established and implemented a scheduled cleaning programme in February 2015, and developed a Remediation Action Plan to address ongoing issues related to mould. The Department engaged a certified indoor environmental consultant to review the Remediation Action Plan to ensure consistency with internationally accepted best practice standards. Recommendations from the review have been implemented by Broadspectrum, with moisture issues now addressed.

Garrison and welfare services 174 Broadspectrum is the lead contractor for all garrison and welfare services in the Nauru and Manus RPCs, providing security, facilities management, care and welfare of residents, catering, and programmes and activities. Additionally, Broadspectrum provides facilities management and logistics at settlement sites in Nauru and East Lorengau Refugee Transit Centre in Manus Province. 175 Transferee welfare and wellbeing is a primary consideration. Broadspectrum employs qualified welfare staff to deliver programmes to transferees living in the RPCs under a case management model. Broadspectrum monitors the wellbeing of transferees and provides necessary support to vulnerable transferees. The welfare and wellbeing services model focuses on building and maintaining transferees’ self-agency. Transferees are encouraged to participate in a range of programmes and activities, to stay active and develop their skills. Programmes and activities aim to foster healthy relationships, promote active behaviour, and build resilience. Specialist programmes are offered to adolescents, children, and parents. Parents are supported to independently raise their children.

Qualifications and training

Security 176 All service personnel must complete the RPC security induction training that comprises the following six modules: – Security A—(security in an RPC, situational awareness, searching and screening, crime scene preservation and radio communications) – Security B—(first response officer, key control, fire awareness, operational safety and intelligence overview) – Communication—(professional boundaries, logbooks registers and notebooks, report writing, introduction to legislation and tactical communications) – Welfare—(workplace health and safety, working with families and minors, child protection awareness, self-harm prevention, presence and safety checks; and psychological first aid) – Organisational Knowledge—(legal obligations, managing conflict through negotiation, problem solving and decision making, and working with interpreters) and – Induction Refresher Practical Assessment—(this tests the competency of staff in relation to operational safety and the first response officer role).

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177 All security staff must successfully complete the following training courses prior to commencing duties at an RPC: – cultural awareness – mental health awareness – Wilson Security induction containing the code of conduct – workplace bullying and occupational violence, and – RPC induction training.

Welfare 178 Broadspectrum welfare staff members hold qualifications in line with best practice and industry standards in their area of expertise. Broadspectrum recruits employees in line with this contract requirement. Broadspectrum employs the following staff: – Welfare Officer— tertiary qualifications in social work, or psychology, community development, or health care, or a certificate or diploma in community service, or welfare with a strong employment history in case management and human services – Education Officer— tertiary qualifications in education or English as a second language, or teaching English to speakers of other languages certification – Recreation Officer —qualifications in physical education or sports and exercise science, Certificate III in Health and Fitness, Bronze Medallion or equivalent certification or experience in a relevant discipline – Behavioural Management Specialist—tertiary qualifications in behavioural studies. 179 Ongoing training is provided to welfare staff in situ in ‘soft skills’ by Broadspectrum’s psychological support provider, and professional development training provider.

Working with children checks 180 All Broadspectrum garrison and welfare staff members from Australia who carry out work or perform duties under the contract hold a current working with children check or equivalent certificate. While there is no Nauruan equivalent of the working with children checks required in Australian state and territory jurisdictions, service providers are contractually required to ensure that all locally-engaged employees undergo a police check conducted by the Nauru Police Force. 181 Broadspectrum has strengthened the Child Safeguarding Protocol to require all Broadspectrum personnel and contractors to: – sign and comply with the Working with Children Code of Conduct and Child Safety Incident Reporting Process – declare if they have been charged or convicted of any criminal offence, and – notify if they have been involved in any relevant child-related employment action including formal reprimands, final warnings or cautions, have been dismissed from employment, or had any other disciplinary action taken against them.

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Engagement of locals 182 The Broadspectrum contract requires employment of locally-engaged personnel or subcontracting of local businesses who meet the requirements of the statement of work. The following levels of local personnel are maintained as a minimum where local capacity exists: – Security 45% – Cleaning 75% – Gardening 75% – Catering 50% 183 At 30 September 2016, 845 Nauruan nationals and 830 Papua New Guinea nationals, including 669 Manus locals, were employed under the Broadspectrum contract. 184 Broadspectrum delivers comprehensive training programmes to locally-engaged staff, including training staff to certificate level qualifications.

Programmes and activities, including excursions

185 Broadspectrum operates a comprehensive schedule of programmes and activities at the RPCs, designed to provide educational and recreational opportunities, and meaningful activities to enhance the mental health and wellbeing of transferees. Programmes and activities include education, religious activities, recreation, sports, and excursions catering for the diverse needs of transferees. Table 8 below shows the number of programmes and activity sessions offered and attended by transferees during August and September 2016.

Table 5 Programmes and activities in Manus and Nauru

Manus Nauru RPC2 Nauru RPC3

Programmes and Activities Sept Aug Sept Aug Sept Aug Average sessions offered per day 50 50 26 27 29 23 Average number of participants 857 865 251 253 140 135 Average sessions attended per day per 1.75 1.69 0.81 0.57 1.24 1.53 person

Education and religious programmes 186 Broadspectrum has developed and implemented an education programme that allows transferees to develop and learn a range of skills, including English-language skills. 187 Broadspectrum ensures all transferees are free to practice their religion of choice individually or communally. Accommodation centres in Nauru and Papua New Guinea provide prayer rooms for residents. Transferees are also supported to partake in religious services, religious activities, and local cultural exchange. Broadspectrum provides transport to and from the religious service, and appropriate equipment for use during the religious service.

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Recreation and sporting programmes 188 Transferees can participate in unstructured recreational activities within the RPC, including arts and crafts, chess, table tennis games, and watching television and movies. Broadspectrum also provides opportunities for transferees to participate in structured sporting activities within and outside of the RPC, including soccer, cricket, and volleyball. Recreational and sporting infrastructure has been constructed in both Nauru and Manus RPCs to support the delivery of these programmes.

Excursions 189 RPC residents are able to participate in structured excursions outside the RPC, including, but not limited to, sporting tournaments, community activities, and religious services. Excursions still continue, despite the implementation of full open centre arrangements, in both Nauru and Papua New Guinea. Examples of structured excursions, facilitated by Broadspectrum include: – Fishing – Swimming – Astronomy – Hiking.

Open centre

190 The introduction of open centre arrangements for Nauru began in February 2015, and was completed by October 2015. Transferees are free to venture beyond the RPC without restriction. Transport is provided for travel between the RPCs and other areas around Nauru. The effect of open centre arrangements on the mood of the centre has been dramatic, with significantly fewer incidents reported since October 2015. 191 On 27 April 2016, a bus service commenced to assist movement between the Manus RPC, the Lorengau township, and the East Lorengau Refugee Transit Centre. Similar to Nauru, the number of incidents has dropped significantly since these arrangements were put in place.

Managed accommodation—Nauru and Manus

192 RPCs in Nauru and Manus include specialist managed accommodation areas where vulnerable residents who present an immediate threat to others or themselves, or pose a risk to the security of the centre can be placed temporarily. The managed accommodation areas are designed and run to respond to self-harm attempts or attempts to harm others through constant monitoring in a controlled environment, away from other residents and staff. 193 The Supportive Accommodation Area is also available to support transferees with medical conditions, authorised respite or prior to voluntary returns assisted by the International Organization of Migration. The Supportive Accommodation Area is supervised by a welfare team member who conducts regular observations. All movements or transfers in and out of the area are controlled and authorised.

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Food standards and variety

194 Broadspectrum provides transferees with access to food and beverages that are sufficient in quantity, offer variety, and are nutritious and culturally appropriate. Catering is delivered in compliance with all applicable health and food safety regulations. Food preparation meets Australian standards, and is periodically and independently assessed to ensure compliance. 195 The garrison and welfare contract directs portion size and requires that dietary requirements are catered for. Self-serve snacks and refreshments are available at all times. Table 9 articulates typical meal options for transferees in RPCs.

Table 6 Meal variety requirements in RPCs

Hot Cold Beverages

Breakfast egg dish option 1 two fresh fruit options protein dish 1 yoghurt rice sweet pastry /breads vegetarian (baked beans dried fruits /spaghetti) fruits (peaches, pears, two fruits, etc ) breakfast cereals sweet and savoury biscuits water bread selection including fruit juice/cordials roti breads milk Lunch and Dinner two protein dish options lettuce and three other tea/coffee vegetarian dish/dahl salad components /soup cheese/dairy rice dessert /sweet pastry potato/starch two fresh fruit options two vegetable options dried fruits/nut sweet and savoury biscuits bread selection, including roti breads Brew Points tea and coffee supplies, including milk and sugar cold water and cordial assorted biscuits and cake

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Water

196 All RPC and East Lorengau Refugee Transit Centre residents have access to potable drinking water. 197 Water restrictions at RPCs are rare and are implemented on a case-by-case basis, and generally only as a result of failure of the water treatment plant. The Department has made significant investment in Nauru and Papua New Guinea to ensure water security for RPCs and the broader community. Staff and stakeholders are the first affected by water restrictions and this is for non-potable water only. At no time has drinking water been affected by water restrictions. As a general standard, water-saving devices have been installed in RPCs in Nauru and Manus, including in staff accommodation.

Clothing footwear and canteen items

198 Every three months, transferees residing in RPCs receive a new supply of clothing and footwear suitable for the climate and conditions. Items can be exchanged for new items sooner if they are broken or damaged. 199 Transferees may also use Individual Allowance Programme points to purchase additional clothing items from the canteen. Transferees receive a weekly Individual Allowance Programme points allocation that can be supplemented through participation in programmes and activities. Individual Allowance Programme points are allocated on a weekly basis and cannot be carried forward. 200 Transferees receive monthly hygiene packs, including toothpaste and toothbrush, soap, shampoo and conditioner, suitable for family size. Items over and above the monthly allocation may be purchased with Individual Allowance Programme points. Female transferees are provided with feminine hygiene products. Parents with babies or small children are provided with baby products, including nappies and baby wipes. 201 The canteen stocks a variety of food and other items that transferees may purchase with Individual Allowance Programme points.

Telecommunications and internet

202 All transferees have equitable access to communications and media, including internet and voice- over-internet-protocol telephones. Telephone cards are available through the canteen for purchase with Individual Allowance Programme points. Internet and computer services are managed through a booking system. 203 Since March 2015 in Nauru, basic mobile phones have been available at the canteen in exchange for Individual Allowance Programme points. Mobile phone credit can also be purchased with points. 204 Filters are in place on RPC computers to restrict access to sites that are deemed high risk or prohibited, such as child pornography.

Table 7 The number of phones and computers available for resident use in the RPCs.

Phones Computers

Nauru RPC2 24 33 RPC3 28 48 Manus RPC 26 29

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Health services

Health services procurement and contracts

205 On 14 September 2012, the Department and IHMS entered into a Heads of Agreement for the provision of interim health services to transferees in Nauru and Manus, until a contract for ongoing services could be negotiated. Limited tender approval was provided for the Heads of Agreement under provision 10.3(b) of Division 2 of the Commonwealth Procurement Rules. 206 Limited tender approval was provided on the same grounds to commence negotiations for the contract for ongoing services. On 29 January 2013, the Department and IHMS entered into the contract for the ongoing provision of health services to transferees in Nauru and Manus RPC (the RPC Health Services Contract). The RPC Health Services Contract replaced the Heads of Agreement on 14 September 2012. 207 On 21 July 2014, the Department and IHMS entered into the Heads of Agreement for the Provision of Settlement Health Services in Nauru. This contract provides health services for people found to be refugees in Nauru. On 6 February 2015, the Department and IHMS agreed to a Letter of Amendment to the Heads of Agreement for the Provision of Settlement Health Services in Papua New Guinea. The Letter of Amendment applied the terms of the Heads of Agreement to people found to be refugees in Papua New Guinea. 208 On 30 January 2015, the Department released a request for tender for the provision of services in regional processing countries, including health services for transferees and refugees. This procurement process was subsequently cancelled. The Department determined that the significant expansion of health service delivery since the close of tenders in April 2015 could not be achieved within the parameters of the Health Services requirements under the request for tender. In light of this, the Department determined that it was not in the public interest to continue with the procurement, as it relates to Health Services. Consequently, the Department decided to cease the existing request for Tender and not award any contract relating to Health Services. 209 While a new procurement process is established, the current contracts for provision of health services in regional processing countries have been extended to 30 June 2017, with provision to extend by a further eight months to February 2018.

Health care available at the RPCs

210 All residents at the Nauru and Manus RPCs receive clinically-indicated health care, broadly consistent with Australia public health standards. Health care clinics at the RPCs are open seven days per week. There is also an afterhours medical staff to respond to afterhours medical emergencies. These services are supplemented by visiting health practitioners, tele-health services, and medical transfers when required. Since October 2014, 153 tele-health consultations have been provided in Manus RPC and 64 in the Nauru RPC for assessment across more than 30 specialist areas, including dermatology, cardiology, gastroenterology, neurology, and urology. 211 Where health services cannot be provided in Nauru, transferees and refugees may be temporarily transferred to Port Moresby, Papua New Guinea, for treatment as recommended by IHMS. For refugees, this process is undertaken in consultation with the Republic of Nauru Hospital with approval from the Government of Nauru. 212 Transferees residing in the Manus RPC and East Lorengau Refugee Transit Centre may be transferred to Port Moresby for treatment as required. Medical transfer to a third country, including Australia, may be considered in exceptional circumstances. 213 Unspecified medical presentation remains the most common reason for medical presentations.

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Staff profile

214 All staff employed by IHMS in Nauru and Papua New Guinea who deliver health care to transferees and refugees must: – be appropriately licensed, qualified and registered to practice with the relevant body, and observe any conditions or requirements imposed on their licence or registration, before delivering any health care – maintain their registration as current for so long as they continue to provide health care – be appropriately insured in accordance with legal and contractual obligations, and professional best practice and standards at all times when delivering health care – be actively involved in maintaining and updating their professional skills and standards through regular training and education, including by completing any training developed and made available by IHMS – for staff exclusively operating in Nauru, hold appropriate working with children clearances (children are not accommodated currently at the Manus RPC). 215 The detailed IHMS staffing profile for Nauru and Papua New Guinea is found at Table 11 below.

Table 8 IHMS staffing profile in Nauru and Manus (at 30 September 2016)

Nauru RPC Settlement Health Clinic Primary healthcare (1) 22 4 Mental healthcare (2) 23.2 2 Management/administrative (3) 7 2 Other (including specialty services) (4) 3 Additional (5) 9 Total 64.2 8

Manus RPC and Settlement Health Clinic Primary healthcare (1) 22.7 Mental healthcare (2) 16 Management/administrative (6)(7) 17 Other (including specialty services) (4) 5 Additional 2 Port Moresby staff (6) 2 primary, 1 mental health Total 65.7 Notes: 1. Primary healthcare includes medical officer, clinical team leader, and nurse, including a midwife, obstetrician, and paramedic. 2. Mental healthcare includes mental health team leader and nurses, psychologist and child psychologist, social workers, counsellors, and specialist trauma and torture counsellors. 3. Management/administrative, includes all management and administrative staff. 4. Other includes radiographer, pharmacist, occupational therapist, and laboratory technician. 5. Additional staff on short term placement over and above approved staffing level. 6. Staff in Port Moresby supporting persons on medical transfer from Manus RPC. 7. Includes nine staff involved in vector control.

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216 In Nauru, the Department has established a programme of visiting specialists who provide consultations and surgical services to transferees, refugees and local Nauruans. A range of specialists are deployed to Nauru on an as needs basis and include an ophthalmologist, cardiologist, gastroenterologist, neurologist, ear, nose and throat specialists, orthopaedic surgeon, and an infectious disease physician. The visiting allied health staff includes a physiotherapist, and a speech and language therapist. A similar programme of visiting specialists is also delivered at the Manus RPC.

Nauru

Health infrastructure

217 In 2014, a new multipurpose primary and mental healthcare facility that provides 18 separate consultation rooms was constructed at RPC1 in Nauru. The centre includes: – a two-bed emergency and resuscitation ward and a four-bed isolation ward – pharmacy and dispensary – central reception area and waiting room – staff administration – write-up rooms – general office space – a storeroom – conference room – staff breakout area – meeting rooms.

Photo: RPC1 Medical Centre Pharmacy 2016 Photo: RPC1 Medical Centre Consultation Suite 2016

Photo: RPC1 Medical Centre Emergency 2016 Photo: RPC1 Medical Centre Mental Health Suite 2016

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218 On 1 January 2016, a computed tomography (CT) scanner provided by the Australian Government, located at the Republic of Nauru Hospital, became operational. Enhanced diagnostic imaging is available to transferees, refugees and local Nauruans.

Maternity and obstetrics

219 Primary care for pregnant transferees is provided by IHMS’s full-time obstetrician and a midwife, with support from the Republic of Nauru Hospital. IHMS operates an anatomical ultrasound machine at the RPC to conduct morphological scans. 220 Pregnant refugee women living in the Nauruan community receive primary care from the IHMS Settlement Health Clinic, including access to midwives and an obstetrician. 221 Patients with clinical conditions requiring services above the capability of the Republic of Nauru Hospital are transferred to another location, such as Papua New Guinea and Australia, for care. For pregnant transferee and refugee women, this has included transfer to the Pacific International Hospital in Port Moresby, Papua New Guinea. The Department continues to support IHMS and the Republic of Nauru Hospital to further enhance the provision of obstetric and neonatal services. 222 Transferee women in Nauru have access to primary health care in relation to reproductive health, including: – initial assessment, diagnosis and specialist referral of any reproductive issues – appropriate pathology requests and interpretation – diagnostic imaging tests – management, treatment, counselling and education on specific gynaecological conditions, and – screening and preventative activities for women on a routine basis, such as breast checks, pap smears, and contraceptive advice. 223 Sexual health education forms part of the health education programme offered to transferees in the RPC. At the Nauru RPC, transferees can access condoms, oral contraception, and intrauterine devices. 224 Termination of pregnancy is a sensitive matter and requests are considered on a case-by-case basis.

Babies and maternal health

225 Connect Settlement Services has commenced a ‘mums and bubs’ group where mothers can meet and obtain support to care for their young babies. Several playgroups are also active in the refugee community, with support from Connect Settlement Services. 226 Families in RPC3 with children under four years of age are provided with air conditioning; and facilities for parents to prepare bottles, breastfeed, wash, and change babies.

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227 Connect Settlement Services has established a multi-stakeholder Nauru Early Years Support Network to coordinate provision of services to children under five years of age in Nauru. Additionally, Connect Settlement Services operates: – a mobile playgroup and toy library – mothers’ peer mentoring programme where experienced refugee and Nauruan mothers assist and support first-time mums – parents and children are supported to access existing community play groups – IHMS and the Government of Nauru Public Health collaborate to improve community maternal and post-natal health access.

Mental health

228 Mental health care is provided by IHMS general practitioners, mental health nurses, psychologists, occupational therapists, social workers, and counsellors who are onsite at the RPCs, and visiting psychiatrists. 229 Mental health screening is also provided by mental health clinicians at the RPCs, regularly and on an ad hoc basis. Scheduled screening occurs at induction within three days of arrival in a regional processing country and at six, 12 and 18 months, then every three months thereafter. At 18 months, the mental health screening policy requires an independent psychiatric assessment. If any of the scheduled screening identifies a mental health issue, a further assessment is undertaken by a mental health clinician. 230 Any person disclosing or displaying symptoms of a possible history of torture or trauma is referred to a specialist torture and trauma counselling service for further assessment and counselling. 231 All transferees, including children, are provided with a range of activities and education sessions to help keep them mentally and physically active and engaged. Open centre arrangements in Nauru and Papua New Guinea have assisted in this regard. 232 Transferees who are at risk of self-harm receive elevated levels of support from an inter-disciplinary team, led by a mental health clinician and with input from medical, security and welfare support teams. All transferees are supported under the Psychological Support Programme, which includes three additional levels of Supportive Monitoring and Engagement when a person is assessed as at risk of self-harm or suicide. 233 Where food and fluid refusal occurs, service provider staff engages with the person in an attempt to identify and address their concerns, so that the basis for the action can be addressed. Transferees undertaking food and fluid refusal are provided regular advice by IHMS, including mental health staff, regarding the possible health effects of their action. Transferees undertaking voluntary food or fluid refusal are offered counselling and regular physical checks, and those requiring more intensive care are admitted to hospital.

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Mental health in Nauru 234 The Department is working with IHMS to enhance the provision of mental health services to transferees and refugees in Nauru, including transition into settlement, and accessing local community health services. IHMS has deployed additional mental health staff and is adapting its model of care to provide more assertive outreach and a greater level of inpatient care. 235 The Department is also working with the Government of Nauru to establish a systematic approach to develop and deliver expanded mental health services for transferees and refugees in Nauru. Expanded mental health capability in Nauru will include: – adult in-patient mental health treatment and respite care at RPC1 – a child, adolescent and family mental health team, and – a community-based mental health team. 236 In May 2016, the Government of Nauru passed an amendment to the Nauru Mentally-disordered Person Act 1963 to enable compulsory treatment. The Government of Nauru is developing Mental Health Regulations and an Implementation Strategy that will support the amendments to the Act. 237 In August 2016, the Government of Nauru agreed to the temporary use of the Supported Accommodation Area at the RPC, as a mental health residential unit, until the gazetting of an appropriately designated facility is complete and relevant support services are in place. 238 IHMS has established a Child, Adolescent and Family Mental Health service comprising an occupational therapist, speech pathologist, child psychologist, social worker, and mental health nurses. The occupational therapist and speech pathologist made their first visit in August 2016, and undertook assessments and therapy on a referral basis. In addition, a maternal health nurse is being recruited to provide early intervention.

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Manus

Health infrastructure

239 In June 2015, a new medical centre was commissioned and handed over for use as part of the Manus RPC2 enhancement works. The medical centre provides a dental unit, x-ray facility, pharmacy, six-person in-patient facility, and mental health and general practitioner consultation rooms.

Photo: Manus RPC medical centre 2016

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Refugee health services

Nauru 240 Health care is provided to refugees temporarily settled in the Nauru community at the Settlement Health Clinic situated at the Republic of Nauru Hospital, in line with Nauruan community standards. Refugees may also access health services through the Republic of Nauru Hospital. 241 The Settlement Clinic is open at the Republic of Nauru Hospital six days per week, with after-hours care provided through the emergency department at the Republic of Nauru Hospital. The Settlement Clinic is staffed by IHMS general practitioners, registered nurses, mental health nurses, a counsellor, and an obstetrician. Psychiatric and psychological services are also available as required.

Manus 242 IHMS provides a weekly medical clinic to refugees living at the East Lorengau Refugee Transit Centre. Settled refugees may access the Lorengau Hospital in Manus for care outside of the weekly clinic. The clinic is staffed by an IHMS registered nurse and general practitioner. Torture and trauma counselling is also provided as required. Refugees have been briefed by service providers about how to access emergency care via the Lorengau Hospital. Health care through the Papua New Guinea health care system is provided free of charge to refugees. 243 Refugees permanently settling outside of Manus Province have access to health insurance and may access health services at public hospitals in their settlement location. On leaving the RPC, IHMS provides refugees with a 28-day supply of all clinically-indicated medication and advises refugees on how to obtain their own medications from local pharmacies. Refugees receive a weekly subsistence allowance to purchase such items. Where a refugee has a chronic illness they can register at the Lorengau Lifestyle Clinic and receive free treatment and medication.

Pharmaceuticals 244 IHMS prescribes medications where clinically indicated by qualified medical practitioners, as per normal medication prescribing practices in the Australian community. IHMS prescribes medications to refugees settled in the Nauruan community in line with Nauruan community standards.

Vector and pest control 245 Comprehensive mosquito control programmes are in place at both the Manus and Nauru RPCs. Malaria is present in Papua New Guinea and transferees are offered anti-malarial medication with the option of three medications. IHMS advises there is no malaria in Nauru, so no anti-malarial medication is required. 246 In April 2016, IHMS reported an outbreak of dengue in Port Moresby, Papua New Guinea, mainly affecting the local population. During the outbreak of dengue, five people from Manus RPC, who were receiving medical treatment in Port Moresby, tested positive for dengue and were provided with appropriate treatment.

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247 The Vector Control Programme in Manus is led by IHMS. The programme consists of: – regular fogging operations – environment management and source reduction – mosquito larvae surveying and monitoring – mosquito (container) larvae surveying and monitoring – adult mosquito trapping using CO2 CDC light traps, and – the reduction of human-mosquito contact through measures such as resident education, insect repellent, provision of bed-nets and window screens. 248 The Pest and Vermin Management Plan for Nauru outlines the procedures and scope of the service on the island and is managed by Broadspectrum. The Pest and Vermin Task Schedule specifies the day-to-day requirements to maintain low populations of pests and vermin. The pest and vermin service in Nauru is conducted internally with the use of qualified pest technicians and includes: – daily spraying the RPC 1 kitchen loading dock for flies – daily servicing and inspecting of the mess in all compounds – weekly spraying of skip bins for flies in all compounds – weekly checking of the fly zappers and rodent bait stations in all compounds – twice weekly spraying of mosquitoes in all compounds – monthly spraying of other areas in the compounds such as tents, recreation areas, under buildings and staff accommodation, and – monthly spraying of weeds in all compounds.

Immunisation

249 IHMS provides all transferees the opportunity to obtain appropriate vaccinations in line with Australian immunisation standards.

Medical transfers to Port Moresby

250 Transferees and refugees requiring medical treatment not available in Nauru or Manus may be transferred to another location to receive treatment. Medical transfers to Port Moresby from both Nauru and Manus are undertaken on medical advice from IHMS. The Department makes logistical travel arrangements for all medical transfer cases. Emergency evacuations are undertaken by air ambulance as a priority, whereas commercial or charter aircraft are used to transfer more routine, non- urgent cases. 251 For refugees in Nauru the transfer process to Papua New Guinea or another location is undertaken in consultation with the Republic of Nauru Hospital with approval from the Government of Nauru. 252 Since July 2015, medical transfers from Nauru to Papua New Guinea for treatment at the Pacific International Hospital in Port Moresby have provided transferees and refugees with medical services not available in Nauru. The Pacific International Hospital continues to offer a range of services for transferees and refugees including cardiac, orthopaedic, ear nose and throat, and urology. 253 Transfers to Australia only occur for compelling medical reasons including situations involving the risk of life-long injury or disability. Transfers to Australia are supported by clinical advice provided by a Commonwealth Medical Officer or the Department’s Chief Medical Officer.

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254 Family members are permitted to accompany persons travelling to another location for medical treatment in exceptional cases. Circumstances are assessed and decisions are made on a case-by- case basis.

Table 9 Medical transfers to Port Moresby 1 July 2015–30 September 2016

Nauru—Port Moresby Transferees Refugees Total

Medical transfer 34 36 70 Accompanying family 13 16 29 Babies born in Port Moresby 1 3 4 Total 48 55 103

Manus—Port Moresby Transferees Refugees Total

Medical transfer 123 48 171

Note: Data is per transfer, not individual patient. Accordingly, one person who has been transferred twice will be recorded as two transfers.

Overseas medical referral 255 The Government of Nauru and the Republic of Nauru Hospital are responsible for the management and oversight of Overseas Medical Referral processes for refugees. Where requested, the Department and IHMS assist the Government of Nauru and Republic of Nauru Hospital to facilitate the medical transfer of refugees to Port Moresby. Some refugees have been transferred to Australia for care. Transfer is considered on a case-by-case basis. 256 Alternative destinations for clinical care may also be considered in line with the Nauru Overseas Medical Referral Policy for local Nauruans; however, no transfer to alternative destinations has been requested to date.

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Settlement services

Temporary settlement in Nauru

257 Under the memorandum of understanding, the Government of Nauru allows refugees to settle temporarily in Nauru for up to ten years pending permanent third country resettlement. 258 Temporary settlement commenced in Nauru in April 2014. A range of settlement support services is available to refugees from the Department’s contracted settlement provider, Connect Settlement Services. Connect Settlement Services provides services via a needs-based welfare case management model, which focuses on building independence and self-agency. Services include: – linking to complementary community services, including health and mental health support – cultural orientation – income support – vocational and language training – provision of maternal (early), child and youth specific support services – English-language tuition – linking to accommodation, education, and employment opportunities. 259 Eligible refugees receive subsistence income support to cover items such as food, clothing, and living expenses. Income support rates are reviewed with adjustments made according to the refugees’ financial circumstances and employment status. Settlement services are generally provided for the first 12 months of settlement. 260 The Government of Nauru Settlement Team, in collaboration with Connect Settlement Services, ensures the delivery of settlement services to refugees in Nauru. The team acts as a liaison point between Government of Nauru, service providers, refugees, and the local community. The Government of Nauru Settlement Team also provides cultural orientation and support to refugees to settle, integrate, and participate as members of the Nauruan community.

Permanent settlement in Papua New Guinea

261 In October 2015, the Papua New Guinea Government approved its National Refugee Policy, paving the way for settlement to commence in Papua New Guinea. The National Refugee Policy provides for the permanent settlement of Regional Resettlement Arrangement refugees and other refugees in Papua New Guinea. 262 Permanent settlement in Papua New Guinea commenced on 29 October 2015 with the first refugee departing Manus RPC to settle in Port Moresby. Papua New Guinea Immigration and Citizenship Services Authority is responsible for the management and administration of the settlement programme. The Department supported the Immigration and Citizenship Services Authority to develop a package of support for settling refugees. The model focuses on linking refugees to employment so they can ultimately support themselves.

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263 Upon notification of refugee status, a refugee can apply for a refugee visa and move from the Manus RPC to the East Lorengau Refugee Transit Centre, which is managed by the Immigration and Citizenship Services Authority. Support services are provided to refugees at the Refugee Transit Centre to prepare them to live and work in Papua New Guinea. While at the Refugee Transit Centre, refugees receive: – a modest income allowance – accommodation and utilities – health care – transitional settlement services, including employment assistance – Wei Bilong cultural orientation programme and language tuition. They may also participate in volunteering opportunities in the community, including arrangements at local hotels and the pharmacy. 264 For refugees settling permanently, the Papua New Guinea Government provides a range of settlement support services, including: – relocation assistance – food and household starter packs – job linking and training support – accommodation support such as bond and rent assistance – linking to health services – income support allowances and – case management for up to 12 months.

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PART D: Capacity building

Nauru

265 The Department and contracted service providers have undertaken a number of community projects to assist the Government of Nauru to build its capacity to deliver services and programmes independently. Assistance includes mentoring and training, hands-on learning, contracting services, and building community resources through education, and construction of new infrastructure.

Table 10 Capacity building with the Government of Nauru

Date Initiative

December 2013 Neonatal equipment: supply of additional neonatal equipment to the Republic of Nauru Hospital to support birthing in Nauru March 2014 Blood bank: the Department, working with IHMS, coordinated and funded the establishment of a blood bank at the Republic of Nauru Hospital May 2014 Disease vector control: the Department commissioned IHMS to conduct a Disease Vector Risk Assessment and Control Survey in Nauru. This study was used to establish the most appropriate vector control programme on the island to manage the risk of mosquito-borne disease throughout the site November 2014 Dental care at the Republic of Nauru Hospital: faulty dental equipment at the hospital was replaced February 2015 Cultural awareness training to Nauru Police Force: Connect Settlement Services provided training to Nauru Police Force community liaison officer network, including cultural awareness of asylum seeker and refugee cultures From May 2015 Potable water infrastructure upgrades: upgrade of water production infrastructure at the Nauru Utilities Corporation, including the supply and installation of new reverse-osmosis water production units, decant standpipe, new seawater intake pumps, and backup power generation. The work significantly increased Nauru’s daily water production capability from 300 kilolitres to 2.2 mega litres, ensuring water security for Nauru 2015–16 School improvements: repair and refurbishment works at Kayser College and Nauru Primary School. Construction of eight new classrooms, administration areas, ablutions, waste-water treatment system and playgrounds at the Nauru Primary School June–July 2015 Professional skills training: provided to Government of Nauru operational managers, settlement team, and staff from the Department of Justice July 2015 Courthouse: Completion of a new courthouse November 2015 Australian College of Neonatal Nurses training: the Department facilitated the deployment of Australian College of Neonatal Nurses trainers to Nauru to conduct an assessment of current needs and provide education and training to staff at the Republic of Nauru Hospital working with newborns 2015–2016 Republic of Nauru Hospital redevelopment: the Department, in conjunction with the Department of Foreign Affairs and Trade, has replaced infrastructure destroyed by fire at Republic of Nauru Hospital, and refurbished some existing facilities and installed a surgical ward and a six-bed inpatient ward, primary and mental health consultation rooms and imaging capability (x-ray and CT Scanner installed in December 2015)

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Date Initiative

May 2016 Gastroscopy-colonoscopy equipment: provision of a complete gastroscopy- colonoscopy set, for use at the Republic of Nauru Hospital July 2016 Community Resource Centre: construction of a Community Resource Centre that provides a shared office space for settlement staff and communal rooms for classes, community meetings, functions, and training September 2016 Phase two of the Republic of Nauru Hospital redevelopment: Phase two will provide a number of new wards, pathology, and paediatrics. Works are scheduled for completion in February 2017 December 2016 Correctional centre: a new 80-bed correctional centre scheduled for completion in December 2016 Ongoing Port of Nauru: the Department, through its contractors, has provided significant assistance to the operation of the port in Nauru. Approximately 4500 labour and machinery hours have been committed to unloading ships that are not related to the day-to-day running of the RPC From 2015 Education sector support: the Department is supporting the Nauruan Department of Education with expatriate professional development and teacher support services (11 teachers) in Nauru schools to support curriculum development and pedagogical practice From 2015 Child protection and gender violence: the Department has provided hands-on mentoring of Government of Nauru Child Protection Unit staff, development of policies and procedures through staff deployment and placement of two Australian-trained social workers. Refresher child protection training has recently been run for Government of Nauru staff, service providers, and departmental staff. The Department met the establishment costs for the 24/7 Gender Violence Telephone Line and meets ongoing costs. The Department also meets costs related to a safe house used for domestic violence and child protection matters for Nauruans and refugees 2016 Mental health training: mental health awareness training sessions to Government of Nauru staff working with refugees and transferees Early 2016 Vector control measures including fogging activities at the Republic of Nauru Hospital

Nauru Police Force

266 The Australian Federal Police has maintained a capacity building presence in Nauru since 2004. The Nauru Police Force Capacity Programme is a bilateral component of the Pacific Police Development Program, and funds the deployment of two Australian Federal Police advisors to provide mentoring and capacity development to members of the Nauru Police Force. Since April 2015, a third Australian Federal Police advisor, funded by the Department, has provided specialist ongoing mentoring and training to the Nauru Police Force in the investigation of sexual assault and child abuse crime, witness consultation, victim management and brief preparation. This position is funded until mid–2017. 267 In May 2016, the Nauru Police Force Joint Intelligence Group was established as a centre for national intelligence to strengthen the Nauru Police Force’s ability to provide coordinated advice to decision makers on criminal and security intelligence issues. The Department is a Joint Intelligence Group member, and supported a short-term deployment of an analyst to the Joint Intelligence Group in May 2016. The Australian Federal Police provides mentoring and advisory support to the Joint Intelligence Group.

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268 The Australian Federal Police has since deployed two advisors (until mid–2017) to assist in establishing the Joint Intelligence Group and to further build the Nauru Police Force’s capacity in general operations and negotiations. Recent Nauru Police Force Joint Intelligence Group-led operations have contributed to the arrest of several local offenders for offences committed against refugees and transferees. This in turn has bolstered refugee and transferee confidence in police, which has had positive effects on refugee and transferee engagement with police and the reporting of crimes.

Photo: Republic of Nauru Hospital 2016

Education

269 In Nauru, education is compulsory for all children aged 7 to18 years old. All transferee and refugee school-aged children (7–18 years) have transitioned into local schools. Parents of school-aged transferee and refugee children are supported by service providers Broadspectrum and Connect Settlement Services to enrol their children. The children have individually assessed learning plans that take account of their schooling background, level of achievement and English-language skills. School bus transport and uniforms are provided to all school-aged transferee and refugee children. 270 The Government of Nauru is working with schools to ensure that the specific needs of refugee and transferee children are recognised and addressed. It now includes refugee children in its Nauru Education Assistance Trust Scheme that provides financial benefit for school participation. For every day that a child attends school and participates in activities, including homework, $5 is put into a trust account in the name of the child. 271 Connect Settlement Services employs child and youth workers who support refugee parents and children when engaging with school principals and teachers to resolve any school issues. Broadspectrum case managers provide the same level of support to transferee parents and children. Additionally, the Department has supported the Government of Nauru to employ a guidance counsellor to be a conduit for transferee and refugee students, their parents, and the teaching staff. 272 Connect Settlement Services provides out-of-school hours activities for refugee and transferee children attending schools; for example, homework club and a school holiday programme. The activities provide opportunities for all children to share experiences and develop friendships, and assist in overcoming any anxieties children may have about school. 273 Both Connect Settlement Services and Broadspectrum promote refugee and transferee parent and child participation in local school and community events such as fetes and sports days, as a mechanism to build positive experiences around attendance at school. 274 Broadspectrum has incorporated transferee feedback into the menus for the packed school lunches to ensure lunches are culturally appropriate.

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275 As at 30 September 2016, there were 39 school-aged (7–18 years) transferee children in Nauru. Broadspectrum bus drivers report on school attendance for transferee children catching its bus from the RPC to school. School attendance for refugee children is managed by the Nauruan Department of Education. 276 The Department contracts Brisbane Catholic Education to provide professional development to Nauruan teachers and to support curriculum development and pedagogical practice.

Adult and tertiary education

277 Adult education and vocational training opportunities are available for refugees, including English as a second language and conversation classes, computer classes, driver education, and broad ranging employment services and job search assistance. 278 Nineteen refugee students are enrolled at the University of the South Pacific for 2016 semester two. The refugees are enrolled in subjects such as accounting, project management, community development, and law. The Government of Nauru is working actively with Fiji and Vanuatu to ensure that the Nauru refugee travel document, titre de voyage, will be recognised to enable refugee students to travel to those countries to attend courses that are not offered in Nauru. A refugee student recently travelled to Fiji, accompanying the Secretary for Multicultural Affairs in discussions with the University of the South Pacific.

Child protection

279 The Government of Nauru is responsible for child protection in Nauru. The Department, through contracted service providers, supports the Government of Nauru to provide a safe and secure environment in the RPC, including to safeguard children’s welfare. 280 In October 2013, the Nauruan Ministry of Home Affairs established the Family and Community Services Division. In October 2015, a Gender Violence and Child Protection Unit was established within the Home Affairs Ministry including a round-the-clock gender violence hotline. The Unit provides first response to an incident, and the Victim Support Service provides welfare, support, and counselling services. 281 The Child Protection Unit is responsible for the care and protection of all children in Nauru and has developed systems and processes to respond to cases of child abuse and neglect. Within the Home Affairs Ministry, the Government of Nauru has established a gender violence hotline funded by the Department, and a Victim Support Service that provides first response to incidents of gender violence and abuse. These services are available to all Nauruan residents. 282 In early 2016 the Government of Nauru endorsed its Mandatory Child Protection Reporting Policy, and established and implemented its child protection framework through various measures, including: – a new Crimes Act 2016, enacted in May 2016, which increases the protection of children from neglect, physical, emotional and sexual abuse – a new Child Protection and Welfare Act 2016, enacted on 10 June 2016. 283 The Government of Nauru has appointed a Settlement Lead for Child Protection, dedicated to working with refugee families regarding individual issues and working closely with the Child Protection Unit. 284 The Department funds two Australian-trained child protection social workers to mentor and guide the staff of the Child Protection Unit. The unit responds to cases in the Nauruan community relating to Nauruan and refugee or transferee children.

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285 The Child Protection Unit hosts a weekly multi-stakeholder Children and Family meeting to identify child safety, wellbeing, and mental health cases where there is a high or imminent risk of harm to the child. Cases identified are then managed through a multi-stakeholder approach. 286 The Department funds the provision of welfare services for children and their families living in the RPC. Broadspectrum has primary responsibility for providing welfare and support to parents in caring for the needs of children. Broadspectrum offers a range of parenting support programmes to RPC residents, working closely with families to promote positive parenting and educating parents on child protective matters. 287 Broadspectrum has undertaken considerable work to review and strengthen the tools and processes that support the wellbeing of children in the RPC, including promoting an environment that fosters safety and security. Broadspectrum has in place a Child Safeguarding and Wellbeing Protocol and Code of Conduct, setting out principles that guide the conduct of all stakeholders in the RPC to work and engage safely and positively with children and their families. The Protocol and Code have been developed with the best interests of the child as a paramount consideration. 288 The Department contractually requires all service provider staff deployed from Australia who work with transferee or refugee children to undertake a working with children check. While Nauru has no equivalent to Australia’s working with children checks, locally-engaged service provider employees are required to undergo Nauru Police Force checks.

Training and mentoring

289 The Department has funded child protection and welfare training, developed by an experienced child protection consultant in collaboration with the Government of Nauru’s Child Protection staff. The training was delivered in Nauru for all Government of Nauru employees, service provider staff, and departmental staff in May and July 2016, with 157 participants in attendance. The Child Protection Unit has subsequently delivered the same training to Nauruan education staff, including school principals. 290 Throughout 2016, the Department has continued to provide mentoring, coaching and practical support to Child Protection Unit staff, including: – the secondment of senior departmental staff with child protection experience to Nauru for ten weeks in April–June 2016 – facilitating the contracted services of two child protection social workers employed by Connect Settlement Services and embedded in Child Protection Unit – assisting the Government of Nauru to advertise for child protection social workers with experience working in Pacific nations – supporting the Nauruan Ministry of Home Affairs in discussions with the Australian Department of Foreign Affairs and Trade on a potential Pacific Technical Assistance Mechanism position for child protection – funding further education for Child Protection Unit staff at the University of New England to increase their community, child protection, and administrative capabilities.

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Papua New Guinea

291 The Department and service providers have funded a number of community projects, providing valuable resources to local schools, the hospital and local charities. 292 The Department is committed to assisting the upgrade and construction of infrastructure in Papua New Guinea, including: – expanding office accommodation for Papua New Guinea's Immigration and Citizenship Services Authority in Port Moresby – establishing new housing and warehousing for the Papua New Guinea Defence Force and RPC facilities at the Lombrum Naval Base and refugee transit centre at East Lorengau in Manus. 293 Table 14 provides a snapshot of some key capacity building projects in Papua New Guinea.

Table 11 Capacity building with the Government of Papua New Guinea

Date Initiative

2013 Donation of child vaccines and pharmaceuticals to Lorengau Hospital: a range of child-related medicines and pharmaceuticals was gifted to the Lorengau Hospital 2013–16 PNG Navy Base Lombrum improvements: construction of a new kitchen, upgrade to water and sewage reticulation, communication services, electrical works to wharf, construction of four new warehouses, containerised office accommodation, minor road remediation and construction of 42 new houses for PNG defence force staff at Upper Paradise. In 2015, the Australian Government also built new ablution blocks and water tanks at the Lombrum Naval Base Primary School 2014–15 Harbourside Hotel: refurbishment of the Harbourside Hotel including construction of an additional 72 bedrooms with decks and awnings, a fully equipped commercial kitchen and dining room, commercial grade laundry facilities, a waste water treatment plant and reverse-osmosis water production plant; and a 500KVA generator providing power to the refurbished areas 2013–current Road maintenance: road grading between the junction and the RPC since 2013. The Department has transferred funding to the Department of Foreign Affairs and Trade to progress repair of the road between Lorengau and Momote 2014–2015 Prince William Oval: the Prince William Oval was remediated by service providers to improve drainage, to allow for the community sporting events in Lorengau 2015 Safe Meri House: two modules were provided to the Safe Meri House project for accommodation of victims of family and sexual violence in Manus Province 2015 Malaria prevalence survey: IHMS engaged a consultant to conduct a blood survey at two primary schools (200 students) to better estimate the relative risk of malaria transmission in the area and determine if current vector control methods and other site precautions are adequate. Vector control—Expanded fogging around the Lorengau township

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Royal Papua New Guinea Constabulary

294 The Royal Papua New Guinea Constabulary has had presence at the RPC since it was established in 2012. In 2013, the Royal Papua New Guinea Constabulary deployed its mobile squad, the elite Papua New Guinea police team, to the RPC. The mobile squad was tasked with ensuring the good order of the centre and was placed in response to intelligence reporting that the centre was under threat and transferees intended to riot. Approximately 60 mobile squad officers were stationed at the RPC during 2014. The mobile squad left Manus Province in April 2015. The Department met all costs associated with the deployment, including staff allowances, accommodation, and transport. 295 As at 1 June 2016, the Royal Papua New Guinea Constabulary had five officers positioned at the RPC to manage police-related matters. The Royal Papua New Guinea Constabulary has responded to criminal activity in the centre and prosecuted a number of transferees for crimes, including damage and assault. Perpetrators are taken from the centre and placed in holding cells at the Lorengau Watch House, or the Correctional Institution Service (prison) as required. 296 Papua New Guinea Immigration and Citizenship Services Authority manages the day-to-day interactions with the Provincial Police Commander and any cases for referral or follow-up. The Department’s engagement generally only occurs through discussions regarding service provider actions or operational matters at senior leadership meetings. 297 On 10 May 2016, the Royal Papua New Guinea Constabulary advised the Department that it had recruited 15 additional police officers to support implementation of the Regional Resettlement Arrangement. The officers were recruited to supplement existing police resources in Manus Province in direct response to open centre arrangements. On 13 May 2016, the Department agreed in-principle to support the deployment of these officers by providing a daily allowance, accommodation, and transport arrangements.

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Part E: Durable solutions

298 The Australian Government remains steadfast that illegal maritime arrivals currently in Nauru and Papua New Guinea will not settle in Australia. Refugees in Nauru can settle in Nauru for up to ten years and can volunteer to settle permanently in Cambodia. Refugees in Papua New Guinea can permanently settle in Papua New Guinea. 299 The transfer and processing arrangements with Nauru and Papua New Guinea are designed to provide transferees with a durable outcome, whether settlement in Papua New Guinea, third country resettlement, voluntary return to their home country or removal. Only persons found to be in need of protection by Nauru or Papua New Guinea will be provided durable settlement outcomes in those nations or in third countries. Persons found by Nauru or Papua New Guinea not to be in need of international protection are expected to return home, whether voluntarily or involuntarily.

Third-country resettlement

300 On 10 October 2016, the Minister for Immigration and Border Protection, the Hon. Peter Dutton MP reaffirmed that ‘we have been working very hard with third countries to provide settlement options to people in Manus and Nauru.’ 301 Australia is actively working to assist Nauru and Papua New Guinea to find appropriate, durable resettlement options for people determined by Nauru and Papua New Guinea to be in need of protection. This includes sensitive discussions with a number of third countries. The details of those sensitive discussions and the countries approached remain confidential.

Cambodia settlement arrangement

302 On 26 September 2014, Australia and the Kingdom of Cambodia signed a Memorandum of Understanding between the Government of the Kingdom of Cambodia and the Government of Australia relating to the Settlement of Refugees for the voluntary and permanent settlement of Nauru-determined refugees. Under the arrangement, Nauru-determined refugees have the option of permanently settling in Cambodia. The Cambodian Government determines who will be settled in Cambodia and there is no cap in the numbers under the arrangement. Both countries remain committed to this settlement arrangement. 303 Six refugees have settled in Cambodia since June 2015, including one who arrived from Nauru as recently as 6 November 2016. Four of the settled refugees have subsequently decided to return home voluntarily. Repatriation is internationally recognised as a desirable, durable solution for refugees – the reasons are a matter for the individuals concerned. 304 The Australian Government works closely with the International Organization for Migration and Connect Settlement Services to deliver settlement services to refugees in Cambodia, including: – Khmer-language tuition – understanding Cambodian culture – vocational training – access health services – assistance finding appropriate employment and accommodation. Services provided to refugees promote self-sufficiency and independence and support integration into Cambodian society. Services are delivered on a needs basis for up to 12 months and will vary from refugee to refugee.

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Returns and removals

Voluntary returns

305 Transferees and refugees seeking to return home voluntarily from a regional processing country will be assisted to do so. The Department contracts the International Organization for Migration to provide returns assistance to transferees in Nauru and Papua New Guinea. The Department will support voluntary return in cases where the International Organization for Migration is unable to assist. 306 Where transferees and refugees make a decision to return home, assistance is available. Assistance may include help applying for travel documentation, booking and paying for travel, and reintegration assistance. This may include financial assistance. The amount of assistance provided is based on their individual circumstances and is determined on a case-by-case basis. 307 Transferees and refugees seeking to return home voluntarily are provided with information about the assistance that is available to them, and where required, with the aid of an interpreter. General information is available at shopfronts within the RPCs and further information specific to individual circumstances may then be discussed privately at separate interviews. Information about conditions on return or specific country information is for individuals to pursue independently, and assistance in accessing internet or phone communications is available for that purpose. 308 The Government of Nauru, with consent, reviews the case summary for each individual seeking to return home and Papua New Guinea requires refugees to undergo a mental health assessment. This is done to ensure that individuals are competent to make such an important decision as returning home.

Removal

309 The removal of people found not to be in need of protection is an important step in the refugee determination process and a widely accepted international process. It also supports agreements between regional processing countries and Australia that persons found not to be in need of international protection will be returned to their home countries. 310 In Nauru, transferees who have exhausted their review and appeal entitlements and are not willing to depart voluntarily will be removed by the Government of Nauru. The Nauru Immigration Act 2014 contains legislative provisions to authorise detention and removal of non-citizens who have no legal right to remain in Nauru. 311 In Papua New Guinea, transferees who have received a negative Minister’s final determination and are not willing to depart voluntarily will be removed by the Government of Papua New Guinea. The Migration Act 1978 (PNG) contains legislative provisions to authorise detention and removal of non-citizens who have no legal right to remain in Papua New Guinea. These provisions are administered by Papua New Guinea Immigration and Citizenship Services Authority. 312 The Australian Government does not have any power to remove persons from Nauru or Papua New Guinea. 313 The governments of Nauru and Papua New Guinea have asked the Department to assist in the development of removals frameworks and training. The Department has contracted a specialist service provider to deliver escort training to Papua New Guinea and Nauruan removals escort officers. Training focuses on emergency management, specialist crisis response and security risk management associated with involuntary removals. Practical mentoring, including staff shadowing activities will also be employed to provide Papua New Guinea and Nauruan removals officers with ‘on-the-job’ experience.

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314 The Department has deployed experienced removals officers to Papua New Guinea to provide assistance with removal planning, including transferee communication and logistics. The officers mentored Papua New Guinea removals officers to successfully complete the involuntary removal in August 2015 of two persons found not to be in need of protection. A similar deployment and mentoring programme is scheduled to be rolled out in Nauru in the coming months. 315 In 2013, the Department agreed to a request from the Papua New Guinea Immigration and Citizenship Service Authority to fund a Transit Centre in Bomana, Port Moresby. When completed, the facility will accommodate up to 50 people in transit while they await removal from Papua New Guinea to their home country or another where they have right of abode.

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Annex A—Chronology of key events

Date Event

28 June 2012 Prime Minister the Hon Julia Gillard MP and Minister for Immigration and Citizenship, the Hon Chris Bowen MP, announces the Expert Panel on Asylum Seekers 13 August 2012 Expert Panel on Asylum Seekers releases its report containing a suite of measures and recommendations to the Government on how best to deal with asylum seeker issues. One of the measures recommended was a proposal to re- establish offshore processing facilities in Nauru and Papua New Guinea in order to provide a ‘circuit breaker' to the current surge in irregular migration to Australia 18 August 2012 Migration Legislation Amendment (Regional Processing and Other Measures) Act 2012 commenced 29 August 2012 Australia renews its regional processing arrangement with Nauru through signing the Memorandum of Understanding between the Republic of Nauru and the Commonwealth of Australia, Relating to the Transfer to and Assessment of Persons in Nauru, and Related Issues 8 September 2012 Australia renews its regional processing arrangements with Papua New Guinea through the signing of the Memorandum of Understanding between the Government of the Independent State of Papua New Guinea and the Government of Australia, relating to the transfer to and assessment of persons in Papua New Guinea, and related issues 12 September 2012 Nauru designated as a regional processing country under section 198AB of the Migration Act 1958 14 September 2012 First transferees arrive in Nauru 10 October 2012 Papua New Guinea designated as a regional processing country under section 198AB of the Migration Act 1958 21 November 2012 The first transferees from Christmas Island arrive in Papua New Guinea 19 March 2013 Government of Nauru commences refugee status determination assessments 30 April 2013 Papua New Guinea and Australia reached agreement on Administrative Arrangements to support the implementation of the Memorandum of Understanding

20 June 2013 Transfer of families and children from Manus to Australia commenced and completed 4 July 2013 8 July 2013 The Papua New Guinea Government commences refugee determination of protection claims for persons transferred from Australia 19 July 2013 Australia and Papua New Guinea agree the Regional Resettlement Arrangement that provides for the settlement of persons in Papua New Guinea whom that country finds to be refugees

19 July 2013 Major disturbance at the Nauru RPC resulting in significant damage 3 August 2013 Nauru and Australia signed a new memorandum of understanding, building on the 2012 memorandum to include a temporary settlement arrangement for refugees in Nauru, pending permanent third country resettlement

6 August 2013 A revised memorandum between Papua New Guinea and Australia relating to the transfer, assessment, and settlement was signed

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Date Event

21 August 2013 First transferees in family groups arrive in Nauru September 2013 Robert Cornall AO report titled, Review into allegations of sexual and other serious assaults at the Manus Regional Processing Centre, was handed down

8 November 2013 Keith Hamburger AM report. Nauru Review 2013, Executive Report of the Review into the 19 July 2013 incident at the Nauru Regional Processing Centre 16–18 February Unrest at Manus RPC leading to damage throughout the existing centre and death 2014 of Mr Reza Barati 11 April 2014 Australia and Nauru agree administrative arrangement for regional processing and settlement arrangements in Nauru 20 May 2014 Government of Nauru determines the first refugees and settles 13 refugees in the Nauruan community 23 May 2014 Robert Cornall AO report titled, Review into the events of 16–18 February 2014 at the Manus Regional Processing Centre, was handed down 17 July 2014 Australia and Papua New Guinea sign revised Administrative Arrangements for regional processing and settlement 1 August 2014 Last large scale transfer of illegal maritime arrivals from Australia to Nauru 26 September 2014 Australia and Cambodia sign the Memorandum of Understanding between the Government of the Kingdom of Cambodia and the Government of Australia relating to the Settlement of Refugees

3 October 2014 Minister for Immigration and Border Protection, the Hon. Scott Morrison, announced a review into allegations relating to conditions and circumstances at the Nauru RPC between July 2013 and October 2014, ‘the Moss Review’ 24 October 2014 Construction of the East Lorengau Refugee Transit Centre in Manus Province completed 12 November 2014 Papua New Guinea Minister determines the first refugee in Papua New Guinea 2 December 2014 Last illegal maritime arrival transferred to Papua New Guinea for regional processing 18 December 2014 The Australia’s then Minister for Immigration and Border Protection agrees that babies born to transferees in Australia on or before 4 December 2014 and their families are to remain in Australia temporarily while their protection claims are assessed under the Australian system 21 January 2015 First two refugees move from the RPC to the East Lorengau Refugee Transit Centre to commence transition towards settlement in the broader Papua New Guinea community 9 February 2015 Moss Report, Review into Recent Allegations Relating to Conditions and Circumstances at the Regional Processing Centre in Nauru, received by the Department

25 February 2015 Nauru progressively introduced open centre arrangements from 25 February to full open centre arrangements on 5 October 2015 March 2015 The Department establishes the Child Protection Panel to provide independent advice on issues pertaining to the wellbeing and protection of children in RPCs and in immigration detention in Australia

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Date Event

June 2015 Papua New Guinea Immigration and Citizenship Services Authority commenced processing deportation risk assessments for persons found not to be refugees 4 June 2015 Four refugees settle in Cambodia from Nauru June 2015 Government of Nauru establishes Gender Violence and Child Protection Unit within the Home Affairs Ministry 2 July 2015 Government of Papua New Guinea provides in-principle approval for the future medical treatment for refugees and transferees from Nauru in Papua New Guinea 6 July 2015 A four-year funding agreement for settlement support services in Cambodia is agreed with the International Organization for Migration 16 August 2015 First involuntary removal undertaken by the Government of Papua New Guinea

31 August 2015 Final report of the Select Committee on the Recent Allegations relating to Conditions and Circumstances at the Nauru Regional Processing Centre 12 October 2015 Papua New Guinea National Executive Committee approves the Papua New Guinea National Refugee Policy 5 October 2015 Full open centre arrangements implemented by the Government of Nauru 29 October 2015 First refugee settled in Papua New Guinea 15 January 2016 The Department tables its response in Parliament to the Select Committee on the Recent Allegations Relating to Conditions and Circumstances at the Regional Processing Centre in Nauru 3 February 2016 High Court hands down its judgment on the legal challenge to Australia’s role in regional processing arrangements in Nauru (Plaintiff M68), finding in favour of the Commonwealth and confirming the legal basis for the arrangements 26 April 2016 The Papua New Guinea Supreme Court hands down its decision that the ‘detention’ of asylum seekers or transferees at the relocation centre in Manus Province is unconstitutional 27 April 2016 Papua New Guinea introduces open centre arrangements for Manus RPC residents 17 August 2016 Papua New Guinea Prime Minister and Minister for Immigration and Border Protection agree to close the Manus RPC

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Annex B—Governance and managerial forums

Nauru

The Joint Working Group fortnightly meeting advises on the technical, operational, and legal aspects relating to the implementation of the memorandum of understanding, and allow stakeholders to raise major policy changes for strategic oversight and political consideration. Membership comprises representatives of the Government of Nauru, the Department, and contracted services providers. The Joint Security Meeting is co-chaired by Broadspectrum and Nauru Police Force to review the RPC security management, investigations and intelligence matters. The meeting is held fortnightly and is attended by representatives from all RPC stakeholders, Government of Nauru, and the Nauru Police Force. The Operational Management Group is a contractual requirement daily meeting chaired by the contractor Broadspectrum. It is attended by all RPC stakeholders and settlement service providers to discuss operational issues relevant to each provider’s remit. The Incident Management Group daily meeting is a mechanism to ensure follow up actions from incidents are undertaken and appropriately reported. Chaired by the Department and attended by Government of Nauru representatives, RPC stakeholders, and settlement service providers to review critical and major incidents that occurred within the RPC during the previous 24–48 hour period. The Transfers incoming and outgoing meetings are held by service providers on an as required basis to provide strategic direction, planning, and coordination of the transferees arriving in Nauru. The Refugee Status Determination Hand Down Briefings are held by service providers on an as-required basis to coordinate the transferee’s hand-downs, transport, and property. The Settlement Operations weekly meeting provides updates and discusses incidents within the community. Membership includes the Department and settlement stakeholders. The Asylum Seeker Placement Preventative weekly meeting chaired by the Department allows all RPC stakeholders, including the Government of Nauru, to identify vulnerable transferees of concern who require active, supportive management strategies and engagement to address a particular concern or vulnerability. The Supportive Monitoring and Engagement Meeting chaired by an IHMS mental health clinician meets to discuss and agree on strategies to support transferees and refugees who are at risk. This daily meeting is attended by the Department, RPC stakeholders, settlement service providers, and Government of Nauru representatives. The Complex Behavioural Management weekly meeting discusses strategies to support and manage transferees with ongoing behaviours of concern. Membership includes all RPC stakeholders, including the Government of Nauru. The Child and Family fortnightly meetings chaired by the Government of Nauru are conducted with all stakeholders to provide a holistic view of children and families at risk within the RPC and Nauru community. These meetings can be convened out of session as required. The Connect Settlement Services and Government of Nauru Child Protection Unit Case Conference weekly meetings are held by the Government of Nauru and service providers. The Construction weekly meeting chaired by the Department includes service providers Broadspectrum, IHMS, Jacobs, and Canstruct to review construction programme and impacts on operations across the RPCs and settlement sites.

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The Asylum Seeker Consultative Committee meeting chaired by Broadspectrum, held in accordance with contractual requirements, allows transferee representatives to raise issues with representatives of all service providers. The Refugee Consultative Committee monthly meetings are held with a Government of Nauru representative and other stakeholders. The Community Engagement meetings occur every three weeks and include Government of Nauru representatives and other stakeholders, to collaborate on community engagement activities with the objective of increasing community participation. The Nauru Police Force meetings are held with the Department and the Government of Nauru on an as- required basis. The Weekly Departmental Review Meeting is chaired by the Department and held with service providers in accordance with contractual requirements to discuss service-delivery matters. The Programmes and Activities weekly meeting allows all stakeholders to collaboratively review and develop meaningful and engaging programmes for residents of the Nauru RPC. The Work, Health and Safety Committee is chaired by the Broadspectrum Health Safety Environmental Adviser. This meeting is held in accordance with contractual requirements to discuss Workplace Health and Safety matters at the RPC. This meeting is held monthly and is attended by all RPC stakeholders. The Education Working Group was established by the Government of Nauru to inform and advance education planning. This group has been tasked with implementing the policy to integrate refugee, transferee, and Nauruan education systems. Membership includes Nauruan Department of Education officers, Nauru school principals and the Department. The Transfer Intake is chaired by Broadspectrum and coordinates the arrival, transport, induction, and property of incoming transferees. This meeting is held as required and is attended by RPC stakeholders. The Settlement Coordination Committee chaired by Connect Settlement Services and the Government of Nauru Settlement Team includes the Department, Broadspectrum, IHMS, Nauru Police Force, Nauru Department of Education, and the Nauru Department of Health. This monthly meeting serves to strengthen coordination of settlement services, link key stakeholders, identify and analyse issues and develop strategies to address gaps.

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Manus

The Joint Working Group weekly meeting advises on the technical, operational, and legal aspects relating to the implementation of the memorandum of understanding and allow stakeholders to raise major policy changes for strategic oversight and political consideration. Membership includes the Government of Papua New Guinea, the Department, and contracted services providers. The Centre Security Committee Meeting chaired by Broadspectrum and attended by RPC stakeholders and Royal Papua New Guinea Constabulary providers to review critical and major incidents that occurred within the RPC during the previous fortnight. It is a mechanism to ensure follow up actions from incidents are undertaken and appropriately reported. The Joint Intelligence Group fortnightly meeting chaired by Broadspectrum and attended by RPC stakeholders to review and discuss intelligence and incident management in the RPC and in the community. The Transport and Escort Co-ordinator Meeting chaired by Broadspectrum coordinates the arrival, transport, induction and property of incoming transferees. This meeting is held as required and is attended by RPC stakeholders. The Facilities Maintenance Meeting chaired by the Department includes Broadspectrum, IHMS, and other service providers to review construction and facilities maintenance programme and impacts on operations across the RPCs. The Settlement Weekly Forum includes all stakeholders to review and discuss any issues with settlement in Manus. The Weekly Departmental Review Meeting chaired by the Department and held with service providers in accordance with contractual requirements to discuss matters related to performance measures. The Operational Management Group is a daily meeting chaired by the contractor Broadspectrum. It is attended by all RPC stakeholders and settlement service providers to discuss operational issues. The Supportive Monitoring and Engagement Meeting chaired by an IHMS mental health clinician discusses and agrees on strategies to support transferees who are at risk of self-harm. This daily meeting is attended by the Department and other RPC stakeholders. The Work, Health and Safety Committee chaired by the Broadspectrum Health Safety Environmental Adviser, this meeting is held in accordance with contractual requirements to discuss matters related to Workplace Health and Safety at the RPC. This meeting is held monthly and is attended by all RPC stakeholders. The Complex Behavioural Management weekly meeting discusses strategies to support and manage transferees with ongoing behaviours of concern. Membership includes all RPC stakeholders. The Programmes and Activities fortnightly meeting allows all stakeholders to collaboratively review and develop meaningful and engaging programmes for residents of the Manus RPC. The Preventative Placement Meeting weekly meeting chaired by Broadspectrum allows all RPC stakeholders to identify vulnerable transferees of concern who require active, supportive management strategies and engagement to address a particular concern or vulnerability and prevent their deterioration. The Resident Consultative Committee weekly meeting chaired by Broadspectrum provides transferee representatives with the opportunity to raise issues with representatives from all service providers to raise any concerns relating to the RPC in a formal and transparent forum.

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Annex C—External scrutiny bodies

Commonwealth Ombudsman The Commonwealth Ombudsman’s jurisdiction within RPCs covers the services and activities delivered under contract between the Australian Government and the service providers. The Ombudsman also has a limited role in overseeing the Department’s assistance to the governments of Nauru and Papua New Guinea. The Ombudsman generally conducts two to three visits to regional processing countries each year.

Australian National Audit Office The Australian National Audit Office (ANAO) conducts regular independent audits of the Department’s performance. On 16 September 2016, the ANAO released a report on the contracting and procurement in the RPCs, Offshore Processing Centres in Nauru and Papua New Guinea: Procurement of Garrison Support and Welfare Services. The audit report was critical of the Department, stating that it breached Commonwealth Procurement Rules, did not treat providers fairly and consistently, acted outside its authority, and did not maintain adequate records. The Department acknowledges that in quickly establishing regional processing arrangements its decision-making processes in this complex and rapidly-evolving environment may not have been adequately documented. The Department accepts the recommendations made in the report and has already taken steps to address areas of concern. The ANAO is preparing a further report on the management of garrison support and welfare services contracts, scheduled to be tabled in December 2016.

Comcare Comcare has functions and responsibilities under the Safety Rehabilitation and Compensation Act 1988, the Work Health and Safety Act 2011 and the Asbestos-related Claims (Management of Commonwealth Liabilities) Act 2005, as insurer, regulator and scheme manager. With the approval of the host governments, Comcare conducted liaison inspections of the Nauru RPC in October 2014 and November 2015, and the Manus RPC in September 2014 and October 2015. The Department has in place its own work health and safety systems to cover its involvement in RPCs; Service providers’ work health and safety systems are consistent with a suite of operational procedures. During its 2014 and 2015 inspections, Comcare found no evidence of departmental non-compliance with the Work Health and Safety Act 2011, section 19 – Primary Duty of Care. Comcare has also observed positive interactions between departmental staff and stakeholder employees and transferees at the Nauru RPC. It commented that there appears to be a ‘transferee-centric’ culture and a strong safety culture at the Nauru RPC. The Department has statutory reporting obligations under the Work Health and Safety Act 2011 in relation to matters involving persons engaged in the Department’s operations. The Department must notify Comcare that an incident has occurred immediately after becoming aware of a notifiable incident (death of a person, a serious injury, or illness of a person or a dangerous incident). Whether a notifiable incident ‘arises out of’ the Department’s operations will depend on the relevant immediate factual circumstances, including the identity of the subject of the incident.

International Committee of the Red Cross With the approval of the governments of Nauru and Papua New Guinea, the International Committee of the Red Cross conducts three to four inspection visits to regional processing countries each year. Inspection reports, detailing any service delivery or other issues are provided to the governments of Nauru and Papua New Guinea and the Department.

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United Nations High Commissioner for Refugees The Office of the United Nations High Commissioner for Refugees (UNHCR) leads and coordinates international action for the global protection of refugees, under the 1951 Convention relating to the Status of Refugees (the Convention), to which Australia, Nauru, and Papua New Guinea are parties. With the approval of the host governments, the UNHCR has conducted at least one visit each year over the past four years to each of the Nauru and Papua New Guinea RPCs.

United Nations High Commissioner for Human Rights The High Commissioner for Human Rights is the principal human rights official of the United Nations. The Office of the High Commissioner for Human Rights has the following thematic priorities: – strengthening international human rights mechanisms – enhancing equality and countering discrimination – combating impunity and strengthening accountability and the rule of law – integrating human rights in development and in the economic sphere – widening the democratic space – early warning and protection of human rights in situations of conflict, violence, and insecurity. The Office of the High Commissioner for Human Rights supports the work of the United Nations’ human rights mechanisms, including the treaty bodies established to monitor compliance with the core international human rights.

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Annex D—Reviews and previous Senate inquiries

List of Reviews on regional processing and settlement arrangements since 2013

Author Review Release date

Robert Cornall AO Review into Allegations of Sexual and Other September 2013 Serious Assaults at Manus RPC Department of Immigration Joint Agency Taskforce—Force Protection November 2013 and Border Protection Reviews of the Offshore Processing Centres Keith Hamburger AM Executive Report of the Review into the 19 July 8 November 2013 2013 Incident at the Nauru RPC Department of Immigration Chief Medical Officer Review of Public Health December 2013 and Border Protection and Access to Health Services at Manus RPC Department of Immigration Internal Review into the Allegations Relating to January 2014 and Border Protection the Incident Outside of the Manus Offshore Processing Centre on 18 October 2013 Department of Immigration Review of Welfare and Case Management April 2014 and Border Protection Services Department of Immigration Chief Medical Officer—Nauru Visit Report 12 May 2014 and Border Protection Robert Cornall AO Review into the Events of 16–18 February 2014 23 May 2014 at the Manus Regional Processing Centre Department of Immigration Internal Report into the Management of events at May 2014 and Border Protection the Manus Offshore Processing Centre of 16–18 February 2014 KPMG Manus and Nauru Management Initiated Review— Regional July 2014 RPC Risk Analysis Processing Transfers Comcare Comcare Inspector Report Manus Island 28 October 2014 Comcare Comcare Inspector Report Nauru 10 November 2014 Department of Immigration Chief Medical Officer—Nauru Visit 23 January 2015 and Border Protection Philip Moss Review into Recent Allegations Relating to 6 February 2015 Conditions and Circumstances at the RPC in Nauru Department of Immigration Manus Regional Processing Centre Expansion 28 April 2015 and Border Protection Works—Asbestos Removal Department of Immigration Pacific International Hospital visit 7–8 October 2015 and Border Protection Department of Immigration Review into Allegations of Misconduct at The November 2015 and Border Protection Manus RPC Department of Immigration Detention Remediation Report 11 March 2016 and Border Protection

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List of Senate inquiries on regional processing and settlement arrangements since 2014

Author Inquiry Release date

Senate Committee Legal and Constitutional Affairs References 5 December 2014 Committee Incident at the Manus Island Detention Centre from 16 February to 18 February 2014 Senate Committee Australian Senate resolves to establish the ‘Select 31 August 2015 Committee’ on the Recent Allegations relating to Conditions and Circumstances at the Regional Processing Centre in Nauru Senate Committee Senate Inquiry into conditions and treatment of Lapsed due to the asylum seekers and refugees at the regional Australian Federal processing centres in the Republic of Nauru and Election 2016 Papua New Guinea Senate Committee Inquiry into serious allegations of abuse, self-harm Current inquiry 2016 and neglect of asylum seekers in relation to the Nauru Regional Processing Centre, and any like allegations in relation to the Manus Regional Processing Centre

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Annex E— RPC Population Statistics

Nauru RPC Population 1400 1200 1000 800 600 No. of of No. 400 200

Transferees/Refguees 0 Sep-12 Dec-12 Jun-13 Dec-13 Jun-14 Dec-14 Jun-15 Dec-15 Jun-16 Sep-16

Nauru RPC Population Snapshots

Date Sep‐12 Dec‐12 Jun‐13 Dec‐13 Jun‐14 Dec‐14 Jun‐15 Dec‐15 Jun‐16 Sep‐16 Total 150 366 490 838 1169 895 655 537 442 396 Note: First transfer to Nauru 15 September 2012 Note: Totals exclude refugees/transferees from the RPC in Australia for medical treatment. Note: Figures are based on operational data.

Manus RPC Population

1400 1200 1000

800 600 400

200

0 No.of Transferees/Refugees Nov-12 Dec-12 Jun-13 Dec-13 Jun-14 Dec-14 Jun-15 Dec-15 Jun-16 Sep-16

Manus RPC Population Snapshots

Date Nov‐12 Dec‐12 Jun‐13 Dec‐13 Jun‐14 Dec‐14 Jun‐15 Dec‐15 Jun‐16 Sep‐16 Total 19 155 253 1229 1189 1035 945 922 854 873 Note: First transfer to Manus 21 November 2012 Note: Totals exclude refugees/transferees from the RPC in Australia for medical treatment. Note: Figures are based on operational data. Note: June 2016 population figure is lower than September 2016 population due to the movement between the RPC and East Lorengau Refugee Transit Centre.

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