Senate Committee Releases Final Report On Nauru
Monday 7 September 2015 @ 10.18 a.m. | Legal Research | Immigration
Last week, the Senate’s Select Committee on the Recent Allegations relating to Conditions and Circumstances at the Regional Processing Centre in Nauru released their final report. The Committee was chaired by Labor Senator Alex Gallacher and included Greens Senator Sarah Hanson Young (as Deputy Chair), Labor Senator Kim Carr and Liberal Senators Linda Reynolds and Cory Bernardi (who was replaced by David Johnston for the second half of the inquiry). Greens Senator Scott Ludlam is also listed in the report as participating in the inquiry. The Committee received 101 written submissions and held four days of public hearings.
Recommendations in the Final Report
The Committee made 15 recommendations in its final report, including:
- Australia and Nauru publicly committing to a model timeframe for determining the status of refugees and that refugees are regularly updated on the progress of their claims;
- Refugees to be briefed on their rights to lodge complaints with independent bodies such as the Immigration Ombudsman, the Australian Human Rights Commission and the International Committee of the Red Cross;
- Increasing transparency and reasonable access at Nauru;
- Planning and additional construction on Nauru, “including the construction of solid accommodation structures, and for tangible improvements to amenities for asylum seekers including lighting, water, toilets, air conditioning, cooking facilities and communications”;
- Removing children from detention on Nauru;
- A further full audit of claims of sexual abuse and child abuse; and
- Introducing legislation regarding mandatory reporting of incidents of sexual contact, harassment, or unreasonable use of force that occurs on Nauru.
In Chapter 5 of the report, the Committee elaborated on some of its findings:
“The committee is nevertheless of the overall view that the present conditions and circumstances at the Regional Processing Centre on Nauru are not adequate, appropriate or safe for the asylum seekers detained there…
The committee is deeply concerned that without this inquiry, the allegations heard and evidence received would not have been uncovered. There appears to be no other pathway for those affected by what they have seen and experienced in the Regional Processing Centre on Nauru to disclose allegations of mistreatment, abuse or to make complaints. The department has been unaware of serious acts of misconduct by staff of contractors, as those contractors have not adequately fulfilled their reporting obligations. The committee believes that no guarantee can be given by the department that any aspect of the RPC is run well, and that no guarantee of transparency and accountability can be given until significant changes are made and accountability systems are put in place.”
The Government Senators on the Committee published a dissenting report, in which they stated they did not believe the majority of the committee had followed due process and procedural fairness in creating the report, and that unsubstantiated submissions were treated as fact. They also highlighted the statement of Mr Michael Pezullo, Secretary of the Department of Immigration and Border Security, who said:
“The government of Nauru is specifically responsible for security and good order and the care and welfare of persons residing in the centre.”
They also noted that many of the claims of abuse and mistreatment were similar to those that had been dealt with by the earlier Moss review.
Immigration Minister Peter Dutton, who has called the report “a political witch hunt”, told ABC News that he was “happy to consider any of the recommendations which provide a better outcome for people”, but reiterated the Government’s support for regional processing, saying:
“I think what we need to recognise though is that regional processing is there because we are not going to allow these people to come to Australia.”
TimeBase is an independent, privately owned Australian legal publisher specialising in the online delivery of accurate, comprehensive and innovative legislation research tools including LawOne and unique Point-in-Time Products.
