Senator Lees asked the Minister for Immigration and Multicultural and Indigenous Affairs, upon notice, on 24 September 2003:

(1) Will the Minister act on unanimous advice from a range of health and social welfare agencies, including the Royal Australasian College of Physicians (RACP), Paediatrics and Child Health Division; the Royal Australian and New Zealand College of Psychiatrists, Faculty of Child and Adolescent Psychiatry; and the Professional Alliance for the Health of Asylum Seekers and their Children that `prolonged detention is causing harm to the mental health and development of children and adolescents' and that the Minister should `undertake an independent, expert review' into the mental health of children held in detention in Australia's immigration detention centres.

(2) Will the Minister take any further action to examine and evaluate the performance of Australasian Correctional Management (ACM), with regard to the mental health and welfare of children in detention; if so, what action will the Minister take; if not, under what conditions would the Minister be prepared to conduct such an evaluation of ACM's performance.

(3) With reference to the Minister's response to the May 2003 Four Corners program on the former Woomera Detention Centre, that `there is no contractual requirement for ACM to provide staffing numbers to DIMIA' for the achievement of contracted outcomes by ACM: Given this lack of detailed accountability by ACM and the consistent reporting by social welfare and medical practitioners about the institutional barriers to the mental health and wellbeing of detainees: What steps is the Minister currently taking to ensure that ACM is now upholding Australian immigration detention standards

Senator Vanstone (Minister for Immigration and Multicultural and Indigenous Affairs and Minister Assisting the Prime Minister for Reconciliation) —The answer to the honourable senator's question is as follows:

(1) Many factors impact on mental health and the Government does not accept that it automatically follows that immigration detention will lead to mental health problems. Previous trauma, personal genealogy, family violence and war are significant factors that influence detainee mental health.

The detention services provider coordinates the delivery of mental health services for detainees who experience difficulties for whatever reason that are broadly commensurate with those available to the Australian community. Fully qualified mental health nurses, general practitioners, counsellors, psychologists and/or psychiatrists provide these services, as appropriate. At the same time, the department and services provider have sought to ensure that wherever possible, the effects of risk factors to mental health are minimised and protective factors are enhanced. These protective factors include ensuring that children have good school environments and good physical health.

The Government has been prepared to take innovative approaches to alternative detention arrangements for children. For example, women and children expected to be in detention for not a short period of time are routinely offered places in Residential Housing Projects but participation is voluntary. In addition, a number of unaccompanied minors are now in alternative places of detention, including home-based arrangements in the community.

The Immigration Detention Advisory Group, whose members include persons with expertise in torture and trauma counselling and psychiatry, regularly provide advice on the appropriateness and adequacy of services. An Expert Panel, which includes health professionals with extensive and diverse health experience, supports my department in its monitoring of detention health services.

(2) My Department takes advice from qualified medical staff in all aspects of general and mental health issues of detainees. Appropriate action is taken for individual detainees where necessary.

ACM's performance under the contract was subject to continual assessment in accordance with the contract. Similarly, the new detention services provider, GSL (Australia) Pty Ltd, will be subject to continual assessment in accordance with the contract.

My Department has an extensive ongoing program to monitor the provision of the full range of immigration detention services including health care of detainees through a range of means. For example:

All incident reports, including those relating to health care, are reviewed in the Centre by Department of Immigration and Multicultural and Indigenous Affairs (DIMIA) staff and in Central Office. They are the subject of regular discussion with the service provider. Each report is analysed and any potential failures of service provision are followed up. Follow up ranges from clarification of facts by contact with the detention facility, through to the commissioning of an expert panel member investigation or audit where the seriousness of the incident warrants.

Regular on-site audits of operations focus on key security and duty of care issues.

Ongoing monitoring also occurs through a range of formal and informal processes undertaken by departmental staff on site and in central office and technical experts or consultants from an Expert Panel. For example, departmental on-site staff discuss health care and other matters with detainees during routine visits to their accommodation, through Detainee Consultative Committee meetings where appropriate, as well as reviewing feedback received through the Detainee Complaint Process.

The results of these monitoring exercises and audits are conveyed to detention centre management and matters of concern relating to service provision are followed up. Where there are concerns about the quality or appropriateness of the service delivered, DIMIA uses the provisions in the contract to address such matters. This includes a range of contractual incentives and sanctions as a means of ensuring service provision meets the Immigration Detention Standards, which clearly link payment to performance standards.

(3) As outlined in answer to part (2), my Department has in place an extensive ongoing program to monitor the full range of immigration detention services to ensure that the Australian Immigration Detention Standards are satisfied.