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PART 4—WHAT WE DO
commences with verbal de-escalation and
escalates through a number of phases to the
ultimate use of deadly force. It is apparent
that service provider staff members, in
particular, consider the application of physical
force to address non-compliant behaviour as
the start-point rather than the mid-point of
the continuum.
Internal complaint-handling
One of the primary focuses for this
inspection cycle was the management of
internal complaints by both the ABF and its
service providers. Good complaint management 4
requires a systemic approach that is timely,
appropriate and responsive.
Overall the standard of complaint management
was reasonable, although there was considerable
variation between the various facilities.
The office is concerned that complaint
resolution and recording practices are
inconsistently applied by the ABF and their
service providers for all complaints that are
resolved locally. Furthermore it would appear
that there is considerable variation in the
management of complaints from individual
officers within the various facilities.
While the office understands that there is an
overarching complaint policy, it would appear
that it is not well understood or applied across
the detention network. An alignment of the
processes and procedures across the network
to reflect good complaint-handling practices
and in particular the provision of detailed
responses to complaints that address the
issues, would lead to consistent and effective
administrative practices.
Access to mobile telephones
Since 2010 the office has raised the issue of the
inequity within the department’s policy relating
to the possession of mobile telephones by
detainees. Irregular Maritime Arrivals (IMAs) are
the only detainee category not permitted to have
mobile telephones in their possession. While
the office has been repeatedly assured that this
inequity is being addressed, the office is yet to
see any substantive evidence to support this.
4 http://www.ombudsman.gov.au/docs/better-practiceguides/onlineBetterPracticeGuide.pdf
Impact of duration of detention/
processing on mental health
and welfare
Management of the welfare and engagement
function has been applied with varying degrees
of success across the network and regional
processing centres. Welfare and engagement is
pivotal to the good order, security and wellbeing
of detainees within the network and those
held in the Regional Processing Centres. As
the office has previously stated, the positive
engagement of detainees in an enclosed and
restrictive environment is directly related to
the management of their ongoing physical and
mental health 5 .
It appears from our engagement with the mental
health teams, welfare teams and the detainee/
asylum seeker/refugee population that the
mental health of people who have been detained
for extended periods has deteriorated further.
This is particularly notable among refugees and
asylum seekers and those detainees who have
had their visas cancelled on character grounds.
OVERSEAS STUDENTS
OMBUDSMAN
The Overseas Students Ombudsman (OSO)
investigates complaints and appeals from
intending, current and former international
students about private colleges, universities
and schools.
In 2015–16, the OSO received 874 complaints
and appeals, 27 per cent more than in 2014–15
and 69 per cent more than in 2013–14.
This represents a correlation between the
considerable and sustained growth in the
international student sector and the number
of complaints received.
5 Commonwealth Ombudsman report No: 02/2013,
Suicide and Self-harm in the Immigration Detention
Network, May 2013, pp.51 - 52
50 | COMMONWEALTH OMBUDSMAN ANNUAL REPORT | 2015–16