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DIBP Submission to the Inquiry Into Serious Allegations of Abuse, Self

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DIBP Submission to the Inquiry Into Serious Allegations of Abuse, Self 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 Department of Immigration and Border Protection | 2 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 Department of Immigration and Border Protection | 3 Department of Immigration and Border Protection | 4 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. Department of Immigration and Border Protection | 5 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
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