Appendix 5 – Notices to Produce


The Commission compelled the production of documents and information by issuing Notices to Produce. Three Notices to Produce were issued to the Department of Immigration and Border Protection. Two Notices to Produce were issued to International Health and Medical Services (IHMS).

5.1 First Notice to Produce to the Department of Immigration and Border Protection: 31 March 2014

Item
Notice to Produce
Provided to the Inquiry?
Additional Details
Schedule 2
1
A tabulated set of data in an excel spread sheet containing information pertaining to their detention for each child in an immigration facility in Australia (including alternative places of detention).
Yes
 
2
The number of children born into immigration detention facilities from 1 January 2013 to the date of this notice.
Yes
 
3
The average total length of time spent in immigration detention for specified age groups.
Yes
 
4
The number of child asylum seekers who have arrived by boat in Australia and hold a bridging visa and the number of unaccompanied minors who hold a bridging visa.
Yes
 
5
The number of children and unaccompanied minors who are subject to a residence determination under section 197AB of the Migration Act 1958 (Cth) as at the date of this notice.
Yes
 
6
The number of accompanied and unaccompanied children referred to the Minister for consideration of his residence determination power each month from 1 January 2013 to the date of this notice.
Yes
 
7
The number of residence determinations for accompanied and unaccompanied children made by the Minister each month from January 2013 to the date of this notice.
Yes
 
8
Information about the size of the rooms accommodating families and children on Christmas Island as at 1 March 2014 separating data for Construction Camp Alternative Place of Detention, Phosphate Hill Alternative Place of Detention, and Aqua/Lilac Alternative Place of Detention.
Yes
 
9
Information about the size of the sleeping rooms accommodating unaccompanied children and families in each of the mainland immigration detention facilities.
Yes
 
10
The nature of education available for children by immigration detention facility.
Yes
 
11
The number of deaths of adults and children and self-harm incidents by children as well as the number of children who were on the Psychological Support Program.
Yes
 
12
The number of reported incidents at facilities in which children were held.
Yes
 
13
The qualification requirements for staff employed at the immigration detention facilities who work with children in health care, delegates of the Minister and Serco staff.
Yes
 
14
  • (a) The number of people who claimed to be unaccompanied minors who had an assessment of their age
  • (b) The number of unaccompanied minors who were initially assessed to be adults and transferred to a single adult male compound in an immigration detention facility in Australia, and were subsequently assessed to be children
  • (c) The length of time each child referred to in (b) was detained in a single adult male compound
  • (d) The number of unaccompanied minors who were initially assessed to be adults and transferred to Nauru or Manus Island and were returned to Australia after being subsequently assessed to be children
  • (e) The length of time each child referred to in (d) was detained in a regional processing centre on Nauru or Manus Island
Yes
 
15
Information containing information for each person on Nauru as at the date of this notice who was transferred to Nauru pursuant to Section 198AD of the Migration Act 1958 (Cth) and who was a minor at the time they were taken.
No
The Department considers this to be out of the scope of the terms of reference.
16
Number of people threatened and the number of actual self-harm incidents by children and adults on Nauru who had been transferred to Nauru pursuant to Section 198AD of the Migration Act 1958 (Cth).
No
The Department considers this to be out of the scope of the terms of reference.
17
The number of reported incidents involving children who are detained in the Regional Processing Centre on Nauru.
No
The Department considers this to be outside the scope of the terms of reference.
18
The nature of education available for children detained in the Regional Processing Centre on Nauru at the date of this notice.
No
The Department considers this to be out of the scope of the terms of reference.
19
The nature of the health care services (including but not limited to, dental, mental and preventative health care) provided to:
  • Pregnant women
  • Nursing Mothers
  • Babies up to 1 year old
  • Children from 1 to 17 years old
No
The Department considers this to be out of the scope of the terms of reference.
20
The nature of the support services provided to unaccompanied minors who have been transferred to Nauru pursuant to s 198AD of the Migration Act 1958 (Cth).
No
The Department considers this to be out of the scope of the terms of reference.
21
List each immigration detention facility in which children have been detained for any period of time between 1 May 2004 and the date of this notice.
Yes
 
22
The dates on which particular immigration detention facilities were closed between 1 May 2004 and the date of this notice.
Yes
 
23
The dates on which new immigration facilities were opened between 1 May 2004 and the date of this notice.
Yes
 
24
The date on which Wickham Point Immigration Detention Centre was reclassified as an alternative place of detention.
Yes
 
25
A set of data containing the following information as at 1 July and 1 January of each year from 1 July 2004 to 1 January 2014 on the total number of accompanied and unaccompanied children in immigration detention, in community detention and who were held on bridging visas.
Yes
 
26
The number of children in immigration detention facilities on 1 July and 1 January of each year from 1 July 2004 to 1 January 2014 who had been detained.
Yes
 
27
The maximum total length of time that any child had been detained in an immigration detention facility as at 1 July and 1 January of each year from 1 July 2004 to the date of this notice.
Yes
 
Schedule 3
1
All high level documents regarding children in immigration detention facilities including documents in relation to:
  • (a) Pre-transfer assessments of children
  • (b) Guardianship and care of unaccompanied minors
  • (c) Making of residence determinations
  • (d) Grant of bridging visas
  • (e) Identification and/or unification of family members across the immigration detention network
Yes
 
2
All high level documents regarding best interests assessments of children connected to
  • (a) Immigration detention placement decisions
  • (b) Transfer to regional processing countries
  • (c) Referral of children to the Minister for consideration of exercise of his residence determination power
  • (d) Referral of children to the Minister for consideration of the exercise of his power in s 195A of the Migration Act 1958 (Cth)
Yes
 
3
All high level documents regarding the best interest determination conducted by the Guardianship Policy Section, referred to in PAM3: Refugee and Humanitarian – Regional Processing – Pre-transfer assessment guidelines section 11.
Yes
 
4
All high level documents regarding the best interest assessment referred to in PAM3: Refugee and Humanitarian – Regional Processing – Minister’s s 198AE Guidelines.
Yes
 
5
All high level documents regarding whether to keep family members together when a family member is transferred to a different immigration detention facility for medical treatment.
Yes
 
6
All high level documents regarding whether to keep family members together when a pregnant woman is transferred to a different immigration detention facility for a medical appointment or to give birth.
Yes
 
7
All high level documents relating to the provision made in immigration detention facilities for the health care (including but not limited to, dental, mental and preventative health care) of pregnant women, nursing mothers and children up to 17 years.
Yes
 
8
All high level documents relating to the care in immigration detention facilities of children with disability.
Yes
 
9
All high level documents relating to how Serco and International Health and Medical Services staff in immigration detention facilities should engage with children.
Yes
 
10
All high level documents relating to procedures to protect children in immigration detention facilities from violence, sexual abuse, child abuse or neglect.
Yes
 
11
All high level documents relating to procedures for reporting of suspected abuse or neglect of children in immigration detention facilities by staff in immigration detention facilities.
Yes
 
12
All high level documents relating to measures or procedures for protecting children in immigration detention facilities during or in relation to disturbances or major incidents including but not limited to riots, hunger strikes, and actual and attempted self-harm by others.
Yes
 
13
All high level documents relating to the use of security measures for children.
Yes
 
14
All high level documents regarding how staff should respond to children who engage in hunger protests or threatened or actual self-harm.
Yes
 
15
All high level documents regarding recreational activities and the requirements to take children on excursions.
Yes
 
16
In relation to the reclassification of Immigration Detention Centres as ‘Alternative Places of Detention’ capable of holding children, all high level documents relating to the re-classification of Immigration Detention Centres, especially in relation to the decision at Wickham Point.
Yes
 
17
Detention Facility Client Placement Model.
Yes
 
18
Case Management Placement Review Policy Guide.
Yes
 
19
Placement Review Guide (28 October 2010) referred to in PAM3: Act – CCR – Case resolution – Case management handbook – Chapter 5 – Managing a case – Placement Review.
Yes
 
20
More Restrictive Detention (Detention Health) Instruction referred to in PAM3: Act – CCR – Case resolution – Case management handbook – Chapter 5 – Managing a case – placement review.
Yes
 
21
Psychological Support Program for the Prevention of Self Harm for People in Immigration Detention Policy.
Yes
 
22
Risk Management Framework referred to in Detention Services Manual – Chapter 8 – Safety and security – incident management and reporting.
Yes
 
23
Serco ‘keep SAFE’ policy.
Yes
 
24
Serco health services operating manual Wellbeing of People in Detention Policy and Procedure Manual.
Yes
 
25
Serco Incident Reporting Guideline.
Yes
 
26
Serco procedural manual ‘Alternative Place of Detention (APOD) Working With Minors’.
Yes
 
27
All contracts with services providers operating in detention facilities in which children are held.
Yes
 
28
Chapter 9 of the Detention Services Manual – Detention Operational Procedures.
Yes
 
29
Immigration Detention Standards, to the extent that they are current and not replaced by the Detention Operational Procedures at the date of this notice.
Yes
 
30
Department Managers Handbook, to the extent that it is current and not replaced by the Case Management Handbook as at the date of this notice.
Yes
 
31
Standards for Design and Fit-out of Immigration Detention Centres.
Yes
 
32
Standards for Health Services in Australian Immigration Detention Centres.
Yes
 
33
Detention Health Framework.
Yes
 
34
The two pre-transfer assessment (PTA) forms referred to in FLI 14/02/2014 – Refugee and Humanitarian – Regional processing – Pre-transfer assessment (section 6).
Yes
 
35
The Minister for Immigration and Border Protection’s Immigration (Guardianship of Children) Delegation Instrument.
Yes
 
36
All incident detail reports which relate to incidents in immigration detention facilities which involved children from 1 January 2013 to the date of this notice.
Yes
 
37
All incident detail reports from 1 January 2013 to the date of this notice which relate to incidents involving adults in immigration detention facilities in which children were held in relation to serious assault, death and actual self-harm.
Yes
 
38
All reports from the Immigration Health Advisory Group to the Department for the period from 1 January 2013 to the date of this notice.
Yes
 
39
All reports from State and Territory child welfare authorities to the Department regarding children in immigration detention for the period from 1 January 2013 to the date of this notice.
Yes
 
40
All reports of the Psychological Support Program Team regarding children for the period from 1 January 2013 to the date of this notice.
Yes
 
41
All Memoranda of Understanding or other agreements between the Department and State or Territory authorities relating to the provision of education to children in immigration detention in force as at the date of this notice.
Yes
 
42
All Memoranda of Understanding or other agreements between the Department and State or Territory child protection authorities relating to children in immigration detention in force as at the date of this notice, including agreements relating to:
  • (a) The reporting of allegations to child protection authorities
  • (b) Access by authorities to immigration detention facilities to investigate reports, and
  • (c) The implementation of the recommendations of child protection authorities
Yes
 
43
All Memoranda of Understanding or other agreements between the Department and State or Territory police regarding their role in relating to any incidents at immigration detention facilities in force as at the date of this notice.
Yes
 
44
In relation to each unaccompanied minor transferred to Nauru from 1 January 2014 to the date of this notice:
  • (a) A copy of any pre-transfer assessment, best interests assessment and/or determination, and any health assessment that was completed in relation to the decision to transfer that minor
  • (b) A copy of any Ministerial documents relating to the decision to transfer that minor
Yes
 
45
The case file for each child in immigration detention as at the date of this notice who is residing with a parent who has received an adverse security assessment for the Australian Security Intelligence Organization.
Yes
 
46
Each direction made under s 198AD(5) of the Migration Act 1958 (Cth) and the submission to the Minister in relation to each direction.
No
The Department considers this to be out of the scope of the terms of reference.
47
Any administrative arrangements between Australia and Nauru made pursuant to the:
  • (a) Memorandum of Understanding between Australia and Nauru signed on 29 August 2012
  • (b) Memorandum of Understanding between Australia and Nauru signed on 3August 2013
No
The Department considers this to be out of the scope of the terms of reference.
48
A document or documents setting out the recommendations made by the interim Joint Advisory Committee [for Nauru] and any permanent Joint Committee established pursuant to clause 17 of the First Memorandum of Understanding or Clause 22 of the Second Memorandum of Understanding.
No
The Department considers this to be out of the scope of the terms of reference.
49
All progress reports by the interim Joint Advisory Committee and any permanent Joint Committee.
No
The Department considers this to be out of the scope of the terms of reference.
50
A document or documents setting out the response by the Australian Government to the recommendations made by the interim Joint Advisory Committee and any permanent Joint Committee.
No
The Department considers this to be out of the scope of the terms of reference.
51
The most recent contract between the Commonwealth and organisations providing operational, housing, health, welfare, education, sporting, recreation and security services.
No
The Department considers this to be out of the scope of the terms of reference.
52
For the period 1 January 2013 to the date of this notice, all incident reports regarding assaults and sexual assaults against children detained in the Regional Processing Centre on Nauru.
No
The Department considers this to be out of the scope of the terms of reference.
53
A copy of certain policy documents created by a person employed by the Department or the service providers contracted by the Department to provide services in the Regional Processing Centre on Nauru which apply to persons working in that Regional Processing Centre.
No
The Department considers this to be out of the scope of the terms of reference.

5.2 Second Notice to Produce to the Department of Immigration and Border Protection: 11 July 2014

Item
Notice to Produce
Provided to AHRC?
Additional Details
Schedule 2
2
Information for all children in immigration detention facilities that have been assessed as having a disability.
Yes
 
3
The provision of care and services for children with a disability and their families in detention.
Yes
 
4
A list of all medical evacuations of children and parents from immigration detention facilities and details for the medical evacuation and transfer.
Yes
 
5
An outline of the process the Department follows to register the birth of children born in immigration detention and whether a copy of the birth registration is provided to the parents of the baby.
Yes
 
6
For all children born in, and currently detained in, immigration detention as at the date of this notice:
  • (a) The location of their birth
  • (b) Their current location
  • (c) Their date of birth
  • (d) The date the Department sought to register at their birth
  • (e) The date on which the actual birth certificate was issued; and
  • (f) The length of time the mother spent in hospital prior to being transferred to an immigration detention facility with their baby
Yes
 
7
In relation to mothers of children born in and currently in immigration detention:
  • (a) The number of reported incidents of depression or post natal depression or other mental health illnesses in mothers in detention following the birth of their child in detention
  • (b) The number of mothers receiving psychological support
  • (c) The number of mothers on psychotropic medication
  • (d) The number of mothers who have been hospitalised in a mother/baby unit or other facility to support for the mother
Yes
 
8
The circumstances which
  1. A child in an immigration detention facility is recorded as being ‘stateless’ and provide data recording the country of birth and language group for each child in immigration detention who has been recorded as stateless
  2. A child born in an immigration detention facility is registered at birth as being ‘stateless’ and the language group of each child currently in immigration detention that has been born in circumstances and registered as stateless
Yes
 
9
Information about any allegation of a breach of Human Rights, privacy or confidentiality for a child in detention from any of the data verification sources mentioned in Schedule 4.1 s9.3 of the SERCO Performance Management Manual.
Yes
 
10
The number of reported incidents involving children placed in community detention or released into the community on a Bridging Visa E.
No
The Department considers this to be outside the scope of the terms of reference.
11
The number of children who have been re-detained after being moved into Community Detention or Bridging Visas and reasons for the re-detention for each.
Yes
 
12
The total number of individual children who have been referred to torture and trauma services with a breakdown of the following
  • (a) The number referred for treatment through self-referral and through referral by service providers
  • (b) The number who have received or are receiving treatment
  • (c) The number who have finished treatment
  • (d) The number who refused treatment
Partial
Department is unable to provide parts (b)-(d).
With respect to Item 12(a) such data is not recorded consistently and International Health and Medical Services has advised that to provide the referral information would require a manual review of over 10,500 records and would require a considerable diversion of health reporting resources over an extended period.
With respect to Items 12(b), 12(c) and 12(d) any attempt to produce this data would require a significant diversion of resources to manually analyse a large volume of records and reports.
13
The maximum capacity for each immigration detention facility compound and the actual population in that compound as at the first of each month during the period January 2013 till the date of the notice.
Yes
 
14
For the period 1 January 2013 to the date of this notice:
  • (a) The total cost of transferring a child and two parents from Christmas Island to the mainland (one way)
  • (b) The total number of children and family members who have been transferred from Christmas Island for medical or psychological reasons
  • (c) The total number of transfers including returns
  • (d) The aggregate cost of all transfers from Christmas Island for medical and psychological treatment including the costs of returns to Christmas Island
Partial
The Department considers parts (a) and (d) are outside the scope of the terms of reference.
15
For the period 1 January 2013 to the date of this notice, the total cost of transferring pregnant women (including their family members) from Christmas Island to the mainland.
No
The Department considers this to be out of the scope of the terms of reference.
16
For the period 1 January 2013 to the date of this notice, the cost of transferring children (including with their parents) from Nauru to Australia for Medical treatment.
No
The Department considers this to be out of the scope of the terms of reference.
Schedule 3
1
All reports from the Commonwealth Ombudsman detailing its observations of the detention facilities as part of its ‘Immigration detention centre inspection program’ from 1 January 2013 to the date of this notice. Copies of all Departmental responses to these reports.
Yes
 
2
All reports from the Australian Red Cross in relation to its inspection visits of immigration detention facilities from 1 January 2013 to the date of this notice. Copies of all Departmental responses to these reports.
Yes
 
3
All reports from the Independent Health Advisor to the Department since the commencement of this role to the date of this notice.
Yes
 
4
All reports from the Ministerial Council for Asylum Seekers and Detention from 1 January 2013 to the date of this notice.
Yes
 
5
All high level documents regarding the provision of care and services for people with a disability in an immigration detention facility.
Yes
 
6
A copy of any statement read to parents following a birth of a child in detention.
Yes
 
7
A blank copy of the birth certificate template issued for children born in immigration detention.
Yes
 
8
All incident detail reports which relate to incidents which involved children in community detention or on a Bridging Visa E from 1 January 2013 to the date of this notice.
No
The Department considers this to be outside the scope of the terms of reference.
9
For the period 1 January 2013 to the date of this notice, any incident reports which include an allegation of emotional/physical/sexual abuse of a child in detention, by a service provider or departmental staff.
Yes
 
10
For the period 1 January 2013 to the date of this notice, provide any incident reports which include an allegation of emotional/physical/sexual abuse of a child in detention by any person excluding departmental staff and service providers.
Yes
 
11
For specific individuals requested and all unaccompanied minors detained as at the date of this notice, a copy of their immigration and health files.
Yes
 

5.3 Third Notice to Produce to the Department of Immigration and Border Protection: 12 August 2014

Item
Notice to Produce
Provided to the Inquiry?
Additional Details
Schedule 2
1
All emails correspondence and other records of communication between the Department of Immigration and Border Protection and International Health and Medical Services related to the Health of the Nation Outcome Scales for Children and Adolescents data between 1 January 2014 and the date of this notice.
Yes
 
2
All video and audio-visual footage from Charlie Compound, Phosphate Hill, Christmas Island to Bravo Compound on 24 March 2014.
Yes
 
3
All video and audio visual footage in the 48 hour period following the meeting between the Department of Immigration and Border Protection officials and asylum seeker mothers at Construction Camp, Christmas Island on 7 July 2014 of and relating to incidents of disturbance and self-harm.
No
The Department states that no footage of the incident exists
4
All video and audio-visual footage of the attempted suicide of a specified individual at Construction Camp, Christmas Island.
No
The Department states that no footage of the incident exists

5.4 First Notice to Produce to International Health and Medical Services: 24 July 2014

Item
Notice to Produce
Provided to the Inquiry?
Additional Details
Schedule 2
1
Data on the screening of children within the detention system from the period of 1 June 2013 to the date of Notice using the Health of the Nation Outcome Scales for Children and Adolescents (HoNOSCA) screening tool and any other relevant screening tools.
Yes
 
2
From the period 1 June 2013 to 28 February 2014 staffing profiles on Christmas Island.
Yes
 
3
For the period 1 June 2013 to the date of the notice, an indication of the five most common IHMS services delivered to unaccompanied children.
Yes
 
4
Information about children and unaccompanied minors who have reported torture and trauma, received counselling, referred for counselling who refused and who have finished counselling.
Yes
 
5
  1. The number of children transferred from Christmas Island Immigration detention facilities to the mainland for eye, ear or dental conditions and the length of time between referral and transfer;
  2. The number of reasons for all other transfers from Christmas Island immigration detention facilities to the mainland;
  1. The number and reasons for all transfers from Nauru immigration detention facilities to the mainland
Yes
 
6
For the period 8 September 2013 to 20 June 2014, the number and percentage of International Health and Medical Services recommendations for community placements of children and or their families that have been implemented by the Department and/or Minister.
No
There is no data to present on this matter.
7
For the period 1 June 2013 to the date of this notice, the number of International Health and Medical Services complaints received.
Yes
 

5.5 Second Notice to Produce to International Health and Medical Services: 24 September 2014

Item
Notice to Produce
Provided to the Inquiry?
Additional Details
Schedule 2
1
A document setting out any particular terms, identifiers or rules that were used in the input process of the data and any other information that will assist to understand the data and all data tools requested in this document.
Yes
 
2
Excel data spread sheets containing the results of all Health of the Nation Outcome Scales for Children and Adolescents (HoNOSCA) [second quarter 2014 full data] scores for each child in immigration detention including:
  • Unique identifier for each child
  • Date of birth
  • Sex
  • Date for each score
  • Location at time screening performed
Yes
 
3
Excel data spread sheets containing the results of all Health of the Nation Outcomes Scales (HoNOS) scores [first and second quarter 2014 full data]:
  • Unique identifier for each adult
  • Date of birth
  • Sex
  • Date for each score
  • Location at time screening performed
Yes
 
4
Excel data spread sheets containing the results of all Kessler Psychological Distress Scale scores for each parent of a child in immigration detention during the period [1 January to 30 June 2014] including:
  • Unique identifier for each parent
  • Identifiers showing family members
  • Date of birth
  • Nationality/language group4
  • Sex
  • Date person entered detention
  • Date for each score
  • Location at time screening performed
Partial
No information on ’date person entered detention’
5
Excel data spread sheets containing the results of all Harvard Trauma Questionnaire scores for all parents and children in immigration detention who have disclosed torture and trauma and been tested using the HTQ during the period [1 January 2013 until the date of this notice] including:
  • Unique identifier for each person
  • Date of birth
  • Sex
  • Date for each score
  • Location at time screening performed
Yes