Editors --- "Inquiries Into The Detention of Cornelia Rau and Vivian Alvarez" [2006] AdminRw 19; (2006) 57 Admin Review 93

• Inquiries into the detention of Cornelia Rau and Vivian Alvarez

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Inquiries into the detention of Cornelia Rau and Vivian Alvarez

The report of the Inquiry into the Circumstances of the Immigration Detention of Cornelia Rau (the Palmer Inquiry) was publicly released on 14 July 2005; the report of the Inquiry into the Circumstances of the Vivian Alvarez Matter (the Comrie Inquiry), was publicly released on 6 October 2005.

After finding evidence of cultural problems, inadequate staff training and poor oversight within the Department of Immigration and Multicultural and Indigenous Affairs, the Palmer Inquiry made a series of recommendations that the Commonwealth Government has sought to implement. Among the report’s recommendations were proposals for frequent reviews when the identity or immigration status of a detainee remains unresolved, a restructuring of the Detention Review Committee to ensure comprehensive review of complex or difficult detainee cases, the establishment of an Immigration Detention Health Review Commission as an independent body under the Commonwealth Ombudsman to review health and medical services provided to detainees, development of a case management system to further improve review of detainee cases, and immediate review (within 24 hours) of detentions made on the basis of reasonable suspicion that the detainee is an unlawful non-citizen.

The report of the Comrie Inquiry confirmed many of the findings and recommendations of the Palmer Inquiry, concluding that ‘many of the systemic problems identified by both investigations have been present in DIMIA for some years’.^[1]

On 6 October 2005 the Government announced a package of measures and an implementation plan to respond to the recommendations in both reports, with a commitment of $231 million over five years. Together, these measures comprise a substantial program of improvement for what is now the Department of Immigration and Multicultural Affairs. More than 60 initiatives have been implemented in response to specific recommendations and the expressed broader concerns about culture, leadership, governance, training, client service, records management, systems, and support for staff. In order to meet the expectations of the Government, the Parliament and the wider community, the Department must be an open and accountable organisation, deal fairly and reasonably with clients, and have staff that are well trained and supported.

Important initiatives designed to ensure that these objectives are met are establishment of the College of Immigration, Border Security and Compliance, improved training for compliance officers, leadership and management training, improved service delivery and complaints handling, development of a new case management framework (including better case management for clients with exceptional circumstances), better approaches to identity verification, improved health services for detainees, and improvements to detention infrastructure. The recommendations in relation to the Department’s IT systems and record-keeping arrangements are being taken up by means of a Records Management Improvement Programme and Systems for People, a strategy to move towards client-focused IT system solutions and to provide staff with all the information they need to make good decisions. The Secretary of the Department will report, through the Minister for Immigration and Multicultural Affairs, to the Parliament later in 2006 on progress in implementing the reform program.

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^[1] Commonwealth Ombudsman 2005, Inquiry into the Circumstances of the Vivian Alvarez Matter, Report no. 3, Commonwealth Ombudsman, Canberra, p. xvi.