Senate debates

Tuesday, 17 October 2006

Questions without Notice

Immigration

2:23 pm

Photo of Linda KirkLinda Kirk (SA, Australian Labor Party) Share this | | Hansard source

My question is to Senator Vanstone, Minister for Immigration and Multicultural Affairs. I refer the minister to reports about the case of an Iranian woman and her daughter who were at Curtin detention centre in 2002. Is it the case that the woman and her daughter were the only female detainees in Charlie compound, where they were housed with more than 40 men? Is it also true that the women were kept in the compound for nearly three months after complaining of violence and attempted rape? Can the minister confirm that the Human Rights and Equal Opportunity Commission has now found that the immigration department failed to provide a safe place of detention for the women and that $15,000 in compensation should be paid? Can the minister now indicate whether her department will pay compensation to the women concerned and if so, when?

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

There has been a HREOC finding of a breach of someone’s human rights at Curtin Immigration Reception and Processing Centre. I understand that the finding is that the continued accommodation of an adult female detainee in a compound of single adult males in 2002 was culturally insensitive and was inconsistent with her human rights. My department acknowledges the inappropriateness of this accommodation and certainly regrets that it did not take action to move this detainee to a more appropriate compound at the time. There were allegations of assault and at the time these were referred to the Federal Police and to the Western Australian Police Service. After investigation, they were not taken further.

DIMA is soon to trial a new client placement model for the immigration detention service network that will ensure the circumstances of high-risk client groups, including where there may be a history of hostility between certain groups—that certainly can be a problem for us still, not related peculiarly to either Curtin or Woomera which are no longer used—are taken into consideration when determining detention accommodation arrangements and other detention service requirements. DIMA did accept the recommendation that compensation is warranted in this case. Arrangements for payment of the compensation are in progress and I am advised that a letter of apology has been sent.

Senator, I will have a look at your question to see whether you sought any further information which is not in the brief. I cannot see any reason why there would be any that I cannot give you. I will give you everything I can.

Photo of Linda KirkLinda Kirk (SA, Australian Labor Party) Share this | | Hansard source

Mr President, I ask a supplementary question. How many other cases involving the payment of compensation remain outstanding in the immigration department? Has compensation for Ms Cornelia Rau, who was wrongfully detained by Immigration for 10 months, been settled? What action is the minister now taking to ensure that compensation for these other cases is resolved? When will they finally be resolved?

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

There would be, I assume, a number of compensation issues under discussion at any one time. I understand the Rau matter, which went to arbitration, is about to be resolved. There were some issues delaying that. I think I have been asked a question on that in this place before, possibly even by you, Senator. Those issues went to whether other people were prepared to accept the outcome and the risk for the Commonwealth if they were not prepared to. Action was later taken against them and they sought to join the Commonwealth as a party to the proceedings. I understand all that has been resolved and we are not far from getting to the point. I do not welcome paying compensation, because it is an indication that a mistake has been made, but in the sense that it ought to be paid, it should be paid as promptly, efficiently and fairly as it possibly can be.