Senate debates

Monday, 27 February 2012

Questions on Notice

Immigration Detention Centres (Question No. 673)

Photo of Eric AbetzEric Abetz (Tasmania, Liberal Party, Shadow Minister for Employment and Workplace Relations) Share this | | Hansard source

asked the Minister representing the Minister for Immigration and Citizenship, upon notice, on 30 May 2011:

(1) What measures and/or procedures are in place to prevent contraband or weapons being brought into detention centres.

(2) Since 1 January 2008, have any contraband or weapons been detected in detention centres; if so, can the following in relation to each detention centre be provided:

  (a) what items were found;

  (b) where those items were found;

  (c) on what date they were found; and

  (d) what action was taken against the person or persons identified as being involved.

Photo of Joe LudwigJoe Ludwig (Queensland, Australian Labor Party, Minister for Agriculture, Fisheries and Forestry) Share this | | Hansard source

The Minister for Immigration and Citizenship has provided the following answer to the honourable senator's question:

(1) Section 252 of the Migration Act 1958 provides detention service provider staff and officers of the Department of Immigration and Citizenship the powers to search clients for weapons. This includes powers to search clothing and property. In addition, there are a number of measures and procedures in place to prevent contraband or weapons from being brought into immigration detention facilities. These ensure the department is able to meet its obligations with regard to maintaining the good order of its detention facilities.

There are a range of items that are either not permitted or are controlled in detention facilities, such as weapons, illicit drugs and associated paraphernalia, alcohol, flammable sprays, liquids and solids, sharp items, pornographic or offensive material, mobile phones with visual and audio recording devices, and other visual and audio recording devices.

All clients and their property are screened before entering immigration detention facilities. Screening may include a client walking through screening equipment, or the passing of hand-held screening equipment over or around the client and the client's possessions, or passing the client's possessions through screening equipment. Any controlled items are stored securely with the client's property and cannot be accessed by the client. All controlled items are returned to the client when the person leaves immigration detention. Illegal items are secured and referred to the police.

All mail to people in immigration detention is screened and any item that is regarded as suspicious is opened in the presence of the client.

All staff and visitors entering immigration detention facilities are screened via x-ray facilities. Items brought into detention facilities are also screened and controlled items are stored securely. Illegal items are referred to the police. The Migration Act 1958 does not provide detention service provider staff or officers of the Department of Immigration and Citizenship the powers to search a visitor's clothing.

(2) Since 1 January 2008, there have been a number of items located in immigration detention facilities that are not permitted. These items may be located upon entry, during routine searches in immigration detention facilities or during other searches that occur from time to time often as a result of information. The table below summarises the detection of items that are not permitted in immigration detention facilities since 1 January 2008.

Actions taken by the detention services provider in relation to items located in immigration detention facilities that are not permitted are recorded in multiple systems depending upon the nature of the items located. The very detailed information sought in the question is not readily available in consolidated form and it would be a major task to manually interrogate relevant systems. The department estimates that this would take a departmental officer an average of 30 minutes for each incident. This equates to approximately 24 working days.

The possession of items not permitted in immigration detention facilities may affect the placement of the client within the immigration detention network. Action can also be taken against clients who exhibit illegal or antisocial behaviour, such as the possession of weapons or illicit drugs. The detention service provider may develop individual behavioural agreements with clients who exhibit illegal or antisocial behaviour, which allow for the implementation of interventionist or restrictive measures.

Recent amendments to the Migration Act make provision for a person to fail the character test if convicted of an offence while in immigration detention. This may, in turn, affect a client's visa outcome.

The following table summarises items detected in immigration detention facilities that are not permitted for the period 1 January 2008 to 30 May 2011.