Amanda Vanstone (SA, Liberal Party, Minister for Immigration and Multicultural Affairs) Share this | Hansard source

I thank the senator for the question. DIMA did engage an independent contractor to look at this matter. I have a report which I am having a look at, and I expect to be able to give the Senate more information on that matter quite soon. The report has now been finalised. It was prepared following an interview with a solicitor on 1 June, and it presents the information currently available to the department on these matters. The department will, if it has not already, refer this matter to the New South Wales Police and to the Australian Federal Police. I strongly urge anyone, at any time, who has any allegations in relation to an assault or illicit drug use at Villawood—or any other facility—to bring them forward.

There was a complication in this matter, because when the matter was first raised verbally by the solicitor with someone in the department, it was clearly indicated that the complainant did not want the matter to proceed; in fact, they did not want to take the matter to the police. That does present something of a dilemma, because people are entitled to choose not to pursue a criminal prosecution. But it is my view—and I have made this clear to the department—that the department should never stand between a potential complainant and either the Australian Federal Police or the state police, because, if the complainant does not want to pursue the matter, the complainant can tell the police that. It is not a satisfactory arrangement for it not to be passed on simply because the complainant says they do not want to. That might seem unfair. Some people might say, ‘If the complainant said they do not want to, you shouldn’t,’ but that does leave people who have heard about the matter within the department open to the accusation that they should have passed it on. My view is that a complainant is entitled to say, ‘I do not want this matter to proceed,’ but the complainant should say that to police, not to the department.