20-03-2015
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The Department
of Immigration and Border Protection has today released the report of the
Review into recent allegations relating to conditions and circumstances at the
Regional Processing Centre in Nauru.
The independent
review was carried out by the former Integrity Commissioner and former Head of
the Australian Commission for Law Enforcement Integrity, Mr Philip Moss.
The report found
more needs to be done so that any allegation of inappropriate or criminal
behaviour within the Regional Processing Centre is investigated, and any
alleged perpetrators dealt with under Nauruan law.
The Department
has accepted all of the Review's 19 recommendations and has begun work to
implement them, in cooperation with the Government of Nauru, service providers
and the Australian Federal Police.
A full list of
recommendations and the Department's response to them is attached to this
release.
In particular,
the Department and its partner agencies are committed to supporting the
Government of Nauru to maintain a safe environment for transferees and settled
refugees, especially in the area of child protection.
Mr Moss
acknowledged the difficult environment in which officers of the Department,
service provider staff and Nauruan authorities are working, in which decisive
action must sometimes be taken in support of the Government of Nauru to ensure
the good order of the centre.
The Department
thanks Mr Moss for his thorough review of the allegations and the circumstances
surrounding them. The review was commissioned by the then Acting Secretary of
the Department, Mark Cormack, in October 2014.
A full version
of the report, with limited redactions to protect the privacy of individuals
who spoke to Mr Moss or who were the subject of allegations, has been published
on the Department's website: www.immi.gov.au
Media
enquiries: 02 6264 2244
Recommendations
and statement of actions
This
statement outlines the actions the Department is taking to address the Review's
recommendations.
Recommendation
1: The Department and the Nauruan Government take into account the personal
safety and privacy of transferees when making decisions about facilities and
infrastructure at the centre.
The Department
is working with service providers to strengthen existing procedures for the
personal safety and privacy of transferees. Training, screening and supervision
of night staff and improvements to ventilation, screening and lighting are all
to be implemented as a priority. The location and accommodation of transferees
in the Regional Processing Centre will be reviewed to ensure these decisions
consider the personal safety and privacy of transferees.
Recommendation
2: Contract service providers review their guidelines relating to sexual
harassment and sexual relationships to ensure that staff members understand
what behaviour is acceptable in the context of a centre with a diversity of
cultures.
The existing
guidelines that govern acceptable behaviour in relation to sexual harassment
and relationships are being revised by the service provider before being
reviewed by the Department. The service provider will be required to ensure all
staff have been provided with the revised guidelines and have it included in
all induction and refresher training for staff, with documented evidence that
this has been done. The service provider is required to ensure that all staff
working at the Regional Processing Centre are aware of the cultural
sensitivities arising from the diversity of cultures. The service provider is developing
awareness training to be delivered as a part of induction and refresher
training for all staff.
Recommendation
3: The Department give consideration to how it could support the Government of
Nauru to enhance forensic services to investigate, record and prosecute
incidents of sexual and other physical assault in the centre.
The Department
is facilitating talks with representatives from the Government of Nauru, the
Australian Federal Police (AFP), Department of Foreign Affairs and Trade and
the Australian Attorney General's Department to discuss how to enhance capacity
to handle sexual and physical assault at the Regional Processing Centre.
Recommendation
4: Nauruan Government officials and the Department review and enhance the
existing policy framework for identifying, reporting, responding to, mitigating
and preventing incidents of sexual and other physical assault at the Centre.
All staff members working at the centre (Nauruan, Departmental and contract
service provider) must understand the framework and their responsibilities
under it.
The Department
will facilitate and participate in a workshop with the Nauruan operational
managers, service delivery staff and the Nauru Police Force to agree on a
framework of responsibilities for incidents of sexual and physical assault. The
framework, policies and procedures will be incorporated into the existing
guidelines and become a part of the regular refresher staff training.
Recommendation
5: The Department liaise with the Government of Nauru to ensure that child
protection issues are reflected in the work currently being done on the Nauruan
criminal code.
The Department
is working closely with the Government of Nauru to progress inclusion of child
protection elements in the Nauruan criminal code and relevant legislation.
Recommendation
6: The Department and the contracted service providers continue to work with
the Nauruan Government to ensure that a robust child protection framework is
developed.
An audit of
credentials for all staff working with children in Nauru will be undertaken.
The Department will facilitate and participate in a workshop with Nauruan
operational managers, service delivery staff, the Nauru Police Force and child
protection experts to review and agree on a child protection framework to
accompany operational policies, procedures and the existing child safeguarding
protocols. Specialised child protection training will be provided to all staff
and service providers who interact with children.
Recommendation
7: All contracted service providers review their existing policies in relation
to social media to ensure that their staff members have a clear understanding
of their obligations concerning its use.
The service
providers will review and amend corporate electronic communications policy
including social media to ensure consistency with the Department's principles,
with the consequences for breaches of the policy clear to staff. The Department
will review and approve the policy and require evidence that it has been
communicated to all staff.
Recommendation
8: The Department review contract provisions and other guidelines to ensure
that the obligation on contracted service providers to report any data loss is
explicit.
The Department's
existing contractual provisions and guidelines are being reviewed and updated
to strengthen existing contractual requirements relating to reporting data
loss. This will be reflected in new arrangements with updates to existing
arrangements where required.
Recommendation
9: Noting the current AFP investigation, the Department review its decision
which required Save the Children to remove ten of its staff members from
providing services in Nauru and in so doing consider the staff members
individually. The review would include providing:
•
Save the Children with the information the Department relied on and
•
the opportunity for Save the Children to address the allegations concerning
its staff members.
In the
event that the decision in relation to any of the ten Save the Children staff
members is reversed, the Department make representations to the Government of
Nauru about the Nauruan removal order and its consequences.
The Department
will review the matter.
Recommendation
10: The Department ensure that Nauruan operation and management of the centre
is enhanced through a more joined-up approach between the Nauruan operations
managers and the contracted service providers.
The governance
structures of the Regional Processing Centre provide for regular interactions
between the Nauruan operations managers and service providers. The Department
is implementing more collaborative and regular communications including greater
participation and involvement at regular meetings and improved governance for
both parties in following up issues. The Department will also be providing
greater transparency about the role of the service provider and work with the
service provider to enhance training and development of Nauruan staff.
Recommendation
11: Greater cooperation between the contracted service providers be encouraged,
including through the Department:
ensuring that contracted service provider staff members have a clear
understanding of each other's roles and responsibilities
reviewing the range of meetings at the centre to ensure that information is
shared effectively and
taking a more proactive role to ensure that contracted service providers
are working cooperatively together and are responsive to each other.
Service
providers are required to work collaboratively as a part of their contract. The
Department will facilitate regular information sessions for stakeholders to
openly discuss their roles and responsibilities, review meetings currently held
at the Regional Processing Centre and establish a joint service provider forum
at a national level to encourage greater cooperation, collaboration and
information sharing between service providers.
Recommendation
12: The Department ensure that the relationship between Transfield
Services/Wilson Security and the Nauru Police Force becomes more structured and
is based on cooperative and consistent interaction.
The Department
will work in collaboration with the Nauruan operations managers, Nauru Police
Force, Transfield and Wilson Security to review the effectiveness of existing
forums and practices. The Department will also work with the Nauru Police Force
and the Australian Federal Police to address the issue of underreporting.
Recommendation
13: The Department consider the feasibility of assisting the Nauru Police Force
to increase its effectiveness through the appointment, on a limited term basis,
of an AFP officer with executive authority.
The Department
will consult The Australian Federal Police and the Nauru Police Force to
further explore the feasibility of this recommendation.
Recommendation 14: The Nauru Police Force have
greater visibility in the centre based on community policing and explore ways
to include transferees and refugee settlers in community policing and law
enforcement roles.
A Government of
Nauru-led Community Liaison Officer network is currently being established to
provide further support for transferees. The Department will work in
consultation with the Nauru Police Force and the Australian Federal Police to
develop a proposal seeking agreement for an ongoing community policing presence
within the Regional Processing Centre and refugee settlers being included in
community policing and law enforcement roles.
Recommendation
15: The Department ensure that there is a more joined-up approach between the
Wilson Security intelligence unit and the Nauru Police Force.
Consistent with
Recommendation 12, the Department will work in collaboration to review existing
arrangements to develop strategies that will enhance higher levels of
participation and effective engagement, including regular liaison visits while
also reviewing the protocols for handling intelligence information.
Recommendation
16: The Department work with the Nauru Government to extend the Nauru Police
Force Community Liaison Officers Program to the centre.
The Department
continues to support the Community Liaison Officer programme and will work with
the Australian Federal Police and engage with the Government of Nauru to
consider the Regional Processing Centre as a part of the programme.
Recommendation
17: The Department and contracted service providers review and enhance existing
efforts to ensure that Nauruan staff members are treated with respect and that
there is courteous regard shown for the Republic of Nauru. This requirement
could be enhanced through:
•
the induction programmes for all non-Nauruan contract service provider
staff members about Nauruan culture and Nauruan society be delivered by
Nauruans
•
establishment of a framework to deliver positive messaging about Nauru
•
the Department taking the lead with its contracted service providers to
assist Nauruan authorities to continue to find ways to introduce transferees
and Nauruans to each other's cultures and traditions.
The Department
will facilitate an expansion of current arrangements, such as excursions and
programmes, through open centre arrangements and training. Training will be
enhanced by providing assistance to the Nauruan Government to develop training
modules on the Nauruan culture for all staff as a part of induction and
refresher training, to be delivered by Nauruans. This is in addition to the
cultural diversity training for staff and cultural orientation awareness and
training.
Recommendation
18: The Department work with Nauruan authorities and contracted service
providers to develop new strategies and training programmes to build the capacity
of the contracted service providers' Nauruan workforces.
The Department
will work with service providers to develop strategies for building the
capacity of Nauruan staff members, including expanding the formal training
opportunities already offered by Transfield Services as a Registered Training
Organisation.
Recommendation
19: The Department consider the draft protocol suggested by the AFP for protest
and incident management to assess whether it adds value to existing emergency
management plans.
The existing
emergency management procedures and protocols will be reviewed in consultation
with the Government of Nauru, to incorporate the Australian Federal Police
protest and incident management protocols, where appropriate.
The report can
be found on the Department's website at:
