Senate Legal and Constitutional Affairs Legislation Committee [Part 2], , 1:33:05 to 1:37:37
Senator Payman questions the use of mechanical restraints and handcuffing in immigration detention, specifically regarding children and a recent report on health standards.
Topics: Child safety, Human rights, Public safety
Speakers: Senator Fatima Payman, Gavan Reynolds, Hon Bridget McKenzie, Unknown Speaker, Vanessa Holben
>> Thanks, Chair. Uh good evening. Um my line of questioning is just around handcuffing in detention. Um, has the department considered the justice and equity centers report beyond imagination lived experiences of handcuffing and healthc care failures in Australian immigration detention?
>> Senator, so Commissioner Gavin Reynolds, uh, so I haven't um considered that u particular report, but I can talk to you about the use of mechanical restraints in the immigration detention network. I
>> I'll I've got follow-through questions, so yeah, um, we'll go through them. Um so if you haven't read it um is there any intention to read it to see the report's recommendation especially around establishing a minimum health standard for detainees with an expert oversight body um and limit the use of force in detention.
>> Uh Senator, thank you for bringing the report to our attention. I certainly will uh read it. Um, with the use of mechanical restraints, we always take into consideration uh the health of the detainee and that's done for each and every case uh in which a detainee is moved through a transport and escort task such as for example to a health appointment uh or indeed if it is required inside the immigration detention network for a different
I'll put the questions on notice pertaining to the report um and its recommendations. Um but just around I guess the transportation um in March 2026 the Commonwealth ombudsman released a report about the risks arising from the change of detention service providers from ci to secure journeys in 2025. The report raised concerns about a blanket directive for restraints to be used for all transport and escort of people in immigration detention. The ombbudsman noted that while the directive is subject to any specific medical advice, it does not appear to be subject to the individual's risk assessment. Now, is secure journeys still using the blanket directive for restraints to be used for all transport and escort of people in
directive has been modified.
>> Um, thank you. Um, >> um, just on the use of restraints on children. Um, can I confirm that there's currently 12 children in immigration detention as we speak?
>> Uh, Senator uh, Vanessa Hobbin, Deputy Commission Operations, there are five children in immigration detention.
>> There's five. Okay. Have any of those five children been subject to handcuffing or the use of other restraints? >> Um, and sorry, the five children, what date, as of what date has it been? Five
>> Senator, I'll need to take that on
>> Thank you. Um how many do do we know if there's been any incidents involving use of force um on children held in immigration detention occurred in the periods 1st of Jan 2025 to 30th of June 2025?
>> No Senator, but I will take that on notice just to make sure that we've got an accurate um
>> Thank you. So while we're at it, maybe you can take these three sets of dates um or date ranges uh on notice as well. 1st of July 2025 to 31st of December 2025, 1st of Jan 2026 to 30th of June 2026 and 1st of July 2026 to 30th of September 2026. Um, can you provide a breakdown by month, location, planned or unplanned, and the type of restraint involved, please?
>> Yes, Senator.
>> Amazing. How much time do I have before I >> 30 seconds? >> Oh, okay. Okay. Well, I guess we'll wait for the next round. Thank you.
>> Thank you, Senator Payman. Senator McKenzie. >> Uh, thank you so much, Chair. Uh, good to see you all again. I have some questions around um imports and the B79 process when it with respect to >> Do you want me to shoot? Uh, Senator,