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Submission to the Select Committee on the Recent Allegations Relating to Conditions and Circumstances at the Regional Processing Centre in Nauru

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Submission to the Select Committee on the Recent Allegations Relating to Conditions and Circumstances at the Regional Processing Centre in Nauru Submission to the Select Committee on the Recent Allegations relating to Conditions and Circumstances at the Regional Processing Centre in Nauru May 2015 Department of Immigration and Border Protection - Submission to the Select Committee Page 1 of 60 Contents Introduction.............................................................................................................................................. 4 Chronology of the Regional Processing Centre in Nauru ................................................................... 6 PART ONE: Framework and governance ............................................................................................... 8 Framework of regional processing ...................................................................................................... 8 Applicable Acts ................................................................................................................................ 8 Memorandum of Understanding between Australia and Nauru ...................................................... 8 Administrative Arrangements .......................................................................................................... 9 Legal Framework for transfer to Nauru ........................................................................................... 9 Legal status of transferees in Nauru ............................................................................................... 9 Governance Arrangements ............................................................................................................... 10 Forums .......................................................................................................................................... 10 Role of the Government of Nauru ................................................................................................. 11 Role of the Department of Immigration and Border Protection ..................................................... 12 PART TWO: Service provision .............................................................................................................. 14 Service provision ............................................................................................................................... 14 Support services for vulnerable transferees, including children ....................................................... 14 Supporting survivors of torture and trauma ................................................................................... 14 Psychological support programme ................................................................................................ 15 Child safeguarding protocol .......................................................................................................... 15 Working with children checks ........................................................................................................ 16 Departmental Initiatives ................................................................................................................. 16 PART THREE: Incidents and allegations .............................................................................................. 18 Follow up actions .......................................................................................................................... 18 Reporting enhancements .............................................................................................................. 19 PART FOUR: Internal and external scrutiny ......................................................................................... 20 The Moss Review .............................................................................................................................. 20 Circumstances precipitating the Moss Review ............................................................................. 21 Key findings regarding allegations ................................................................................................ 23 Other reviews and reports ................................................................................................................. 27 Response to recommendations .................................................................................................... 27 Assurance ......................................................................................................................................... 28 The Detention Assurance Team ................................................................................................... 29 Conclusion............................................................................................................................................. 30 Annexure A - Establishment of the Nauru Regional Processing Centre .............................................. 31 Annexure B - Governance Forums ....................................................................................................... 37 Department of Immigration and Border Protection - Submission to the Select Committee Page 2 of 60 Annexure C - Provision of services to transferees ................................................................................ 39 Annexure D - Regional Processing Centre Guidelines ......................................................................... 42 Annexure E - Transfers ......................................................................................................................... 48 Annexure F - Refugee status determination ......................................................................................... 52 Annexure G - Settlement of refugees ................................................................................................... 55 List of referenced attachments .............................................................................................................. 60 Department of Immigration and Border Protection - Submission to the Select Committee Page 3 of 60 Introduction The Department of Immigration and Border Protection (the Department) welcomes the opportunity to make a submission to the Select Committee on the Recent Allegations relating to Conditions and Circumstances at the Regional Processing Centre in Nauru. In late 2011 and early 2012, there were a number of incidents in which boats carrying asylum seekers to Australia sank or capsized, resulting in loss of life. The magnitude of the number of lives lost by would-be asylum seekers during the dangerous boat journey to Australia, overlaid with information regarding the number of people expected to embark on similar journeys and the likelihood of further loss of life, prompted prolonged, and at times, heated public debate. In the first seven months of 2012 alone, 7,120 illegal maritime arrivals arrived in Australia. This exceeded the total number of arrivals in 2011 and 2010. Following extended Parliamentary debate and the failure to secure the passage of a number of Bills regarding the implementation of regional processing of asylum seekers, on 28 June 2012, the then Prime Minister, the Hon Julia Gillard MP, and then Minister for Immigration and Citizenship, the Hon Chris Bowen MP, announced that the Government had invited an Expert Panel to provide a report on the best way forward for Australia to prevent asylum seekers risking their lives at sea on dangerous boat journeys to Australia. Members of the Expert Panel were Air Chief Marshal Angus Houston AC AFC (Ret’d), Paris Aristotle AM, Director of the Victorian Foundation for Survivors of Torture Inc. (also known as Foundation House) and Professor Michael L’Estrange AO, Director of the National Security College at the Australian National University. The report was released on 13 August 2012, making 22 recommendations and four sub- recommendations, all of which were accepted. In response to the report, the Australian Government announced the implementation of regional processing of ‘irregular maritime arrivals’ (as was the terminology at the time) who arrived in Australia on or after 13 August 2012, in Nauru and Papua New Guinea. The Nauru Regional Processing Centre accepted the first group of transferees in September 2012. Regional processing and regional resettlement arrangements are an important aspect of the Australian Government’s border policies, and are critical to saving lives of illegal maritime arrivals who attempt to travel illegally by boat to Australia. People arriving in this manner are transferred to a regional processing centre in Nauru and Papua New Guinea for their asylum claims to be assessed. The Department refers to these people as ‘transferees’ this term is used throughout the submission.1 Nauru owns and administers the Nauru Regional Processing Centre, under Nauruan law. Australia provides capacity building and funding for Government of Nauru’s operation of the centre and coordinates the contract administration process. The Department is committed to working with Nauruan authorities to ensure that people accommodated at the Nauru Regional Processing Centre are provided with a safe and 1 The Government of Nauru use the term ‘asylum seekers.’ Department of Immigration and Border Protection - Submission to the Select Committee Page 4 of 60 secure environment. The Department continues to work closely with service providers and Nauruan authorities to ensure allegations of criminal activity are fully investigated. In accordance with the Select Committee’s Terms of Reference, this submission provides an overview
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