Senate Select Committee – Australian Parliament House
9 June 2015
Michael Pezzullo
Secretary, Department of Immigration and Border Protection
Opening Statement
E&OE
The Regional Processing Centres in Papua New Guinea and Nauru are central elements of the Government’s border protection strategy. It is imperative therefore that they function as intended, and that they are places of good order, safety and security.
The Australian Government does not run the Nauru Regional Processing Centre, or ‘RPC.’ It is managed by the Government of Nauru, under Nauruan law, with support from the Australian Government. The Government of Nauru operates the RPC, assesses asylum claims and – where persons are found to be in need of protection – arranges settlement. The Government of Nauru is specifically responsible for security and good order, and the care and welfare of persons residing in the centre. On behalf of the Commonwealth, the Department provides support services and advice, pursuant to an agreement between our two Governments.
A joint working group, which is chaired by the Government of Nauru, meets on a weekly basis to discuss operational issues regarding regional processing operations and refugee resettlement. A Joint Advisory Committee, the JAC, oversees operational matters at a more strategic level. This body is in turn overseen by a Joint Ministerial Forum.
As the Committee would be aware, regional processing was re–instituted by the former Gillard Government in August of 2012. That Government signed agreements with Nauru and Papua New Guinea in August and September 2012, respectively. The first transfer of Illegal Maritime Arrivals, IMAs hereon, to the Nauru RPC occurred shortly thereafter on 14 September 2012. Since that time, there have been a total of 2,238 IMAs transferred to the Nauru RPC.
The Australian Defence Force arrived on Nauru in August of 2012 to establish temporary accommodation comprised of military tents and stretchers. This work was completed in September 2012, along with some other works, such as the modification of some hard– walled buildings for use as ablution blocks, the setup of an air–conditioned marquee as a kitchen, and the provision of dining and recreational spaces utilising military tents.
Service providers were first contracted in September 2012. These included Transfield Services, the Salvation Army and Wilson Security, who were engaged to provide garrison support services, welfare support and security services respectively. In November 2012, construction service provider Canstruct was engaged to construct the RPC and staff accommodation village. Construction commenced on RPC 1, or Compound 1, in December 2012. In January 2013 the completion of the first accommodation building occurred, followed by the commencement of construction on staff accommodation. In March 2013 civil works for RPC Compound 2 was commenced, and in April 2013 the last military accommodation tent at RPC 1 was removed.
In July 2013 there was a major disturbance at Compound 1, RPC 1, and all buildings were destroyed in the accompanying fires that resulted. As a result, transferees were moved to RPC 2 and accommodated in military tents once more, before being transitioned to marquee accommodation, as it is described and labeled. The reconstruction of RPC1, Compound 1, was not completed until October 2014.
In August 2013, construction commenced on RPC Compound 3 as an accommodation facility for family groups. This construction was completed in October 2013. A month later in November 2013 approval was given for an expansion of Compounds 2 and 3 to accommodate more transferees. This work was completed in December 2013.
The infrastructure works and service delivery arrangements that I have described were undertaken and implemented under considerable operational pressure, from August 2012. The major disturbance that occurred in July 2013, which resulted in the destruction of the accommodation facilities that had been constructed by April 2013, was a major set–back. I have no doubt that this has created a challenging environment for all concerned, including asylum seekers, centre workers and officials of both governments.
I wish to stress that the Department takes any allegation of assault – or illegal conduct more generally – very seriously. Any such allegations, of which the Department is made aware, are reported to the appropriate authorities for investigation – in this case, the Nauru Police Force. Where the Nauru Police Force believes that the allegations are substantiated, charges are laid and the offenders prosecuted.
There is no explicit or implied strategy of ‘brutalisation’, which is designed to break the will of asylum seekers, and serve as a deterrent to others. This is a fictional narrative which serves the purposes of those who are opposed to regional processing, which is the policy of the government of the day.
I should like to briefly take this opportunity to briefly discuss the timeline of events that led to the commissioning of the so–called Moss Review. Between 26th September 2014 and 10th of October 2014 the then Minister received correspondence containing allegations of sexual assault and other misconduct at the RPC. On 3rd October 2014, he announced that the Acting Secretary of the Department had commissioned Mr Philip Moss, the former head of the Australian Commission for Law Enforcement Integrity, to conduct an independent review into the allegations.
Mr. Moss provided his final report to me on 9th February 2015 after he requested an extension of time and was granted one. Following receipt of the report, the Department consulted with relevant stakeholders, including the Government of Nauru, in the development of a plan to implement all of Mr. Moss’s recommendations. The full report, with minimal redactions was released on 20th March 2015.
As the Minister and I made clear when the report was released, we will not tolerate illegal conduct in a facility which is being run with Australian support, especially where that conduct pertains to sexual assault and other crimes against vulnerable people. My Department has accepted all Mr. Moss’ recommendations, which have all been completed or are substantially in progress.
My Department continues to work with the Nauruan operational managers, service delivery staff and the Nauru Police Force to strengthen capabilities in relation to the handling of any incidents that might occur in the Centre, including allegations of sexual and physical assault.
Since the bringing down of the Moss Report, strengthened incident management arrangements have been put in place to review incidents, and management protocols. In addition to this, the Department has formally communicated to all service providers its expectations in relation to compliance with contractual obligations; the personal safety and privacy of transferees; information security and the handling of personal information; the management of the behaviour of company personnel; and strengthened child protection standards.
Policing presence has been strengthened at the RPC, and the Australian Federal Police has assisted by deploying advisors who are providing mentoring for the Nauru Police Force, in areas such as incident coordination, investigation training, and specialised First Response Sexual Assault Investigations training.
Given recent media commentary, I would like to take a moment to briefly discuss the medical care that is available for transferees in the RPC. General practitioner, nursing and mental health care clinics are available at the RPC seven days per week. All transferees at the RPC receive health care broadly consistent with rural and remote Australian community health standards.
There is also an Emergency Physician and after–hours medical staffing to respond to any after–hours medical emergencies. These services are supplemented by visiting specialists, other health practitioners, a tele–health service and medical transfers when required. Mental health is managed by a team which includes mental health nurses, psychologist and visiting consultant psychiatrists.
Health services on Nauru are currently being further expanded to reduce the number of medical transfers to Australia. The priority services to be provided are MRI and CT scanning capabilities, a full time obstetrician and a strengthened multidisciplinary mental health team. It is intended that all of these services will be provided at the Republic of Nauru Hospital.
In terms of the Department, since becoming Secretary, I have instituted the following functional changes to better coordinate the delivery of the support services, for which the Department is responsible:
- The Detention Assurance Team was established in December 2014, within the Department’s Integrity, Security and Assurance Division, or ISA, to strengthen assurance and integrity in the management of detention services. This team operates separately from the relevant line management which oversees the provision of these services;
- This team is playing a key role in assuring me that the recommendations made in the Moss Review are being implemented.
- I have established a Child Protection Panel comprised of three people drawn from the Australian community and selected because their skills, experience and standing is relevant and appropriate to such work. The Panel provides independent advice on child protection in immigration detention and in relation to Australia’s involvement in supporting regional processing.
- As part of larger functional changes to do with the establishment of the Australian Border Force, which will occur on the 1st of July, a single Regional Processing and Settlement Branch will be established within the Department on the 1st of July. The new function will be responsible for the management and coordination of regional processing, settlement and returns operations in support of the MOUs that exist with the Governments of Nauru, Papua New Guinea and Cambodia.
- On the 29th May of this year, the position of ABF Attaché South Pacific was created within the Department, and an officer has been appointed at what will be the ABF One Star (SES Band One equivalent) rank of Commander. The ABF Attaché will provide an important link between the Department, and our international partners in the South Pacific, including of course Nauru.
I am confident that these changes will materially assist the Department in meeting the recommendations laid down by Mr. Moss and in general improving our support to Regional Processing in Nauru.
