RESOURCES

The Advocate's Help Kit

This advocacy kit has been developed by the Refugee Council of Australia (RCOA) on behalf of the Detention Working Group for use by advocacy groups and those working with refugees and asylum seekers in NSW. The kit has been designed to assist advocates working with:

• asylum seekers in detention centres;
• asylum seekers living in the community;
• refugees on Temporary Protection Visas.

The advocacy kit is currently being updated

Some basic facts
- Who Are Refugees?
- Asylum Seeker or Refugee?
- Refugees and Migrants
- How do Refugees come to Australia?
- Refugee Status Determination
- Treatment of Asylum Seekers
- Alternatives to Detention

Tips for those working with refugees and asylum seekers
Tips for advocates
Where to direct your advocacy
Lodging a complaint

SOME BASIC FACTS

WHO ARE REFUGEES?

A refugee is legally defined as:

Any person who owing to a well founded fear of being persecuted for reasons of race, religion, nationality, membership of a particular social group or political opinion, is outside the country of his/her nationality and is unable, or owing to such fear, is unwilling to avail himself/herself of the protection of that country.

This definition comes from the 1951 Convention Relating to the Status of Refugees (the Refugee Convention) and is used by the Australian Government to determine whether our country has protection obligations towards an individual. If a person is found to be a refugee, Australia is obliged under international law to offer support and to ensure that the person is not sent back unwillingly to his/her country of origin.

The United Nations body responsible for protecting refugees and overseeing adherence to the Refugee Convention is the United Nations High Commissioner for Refugees (UNHCR).

ASYLUM SEEKER OR REFUGEE?

Asylum seekers are people who have applied for protection and are awaiting a determination of their status. Not all asylum seekers will be determined to be refugees.

Refugees are people who have been determined by UNHCR, the Australian Government or another government as meeting the criteria for the grant of refugee status as set out in the Refugee Convention.

The term refugee is often used colloquially to refer to people who have been displaced due to a natural disaster (eg an earthquake or volcanic eruption) or environmental change. Such usage is not strictly correct.

REFUGEES AND MIGRANTS

Refugees are not in the same situation as migrants, although the two groups are often confused.

Migrants choose to leave their country to seek a better life. They choose where they migrate to and they can return whenever they like.

Refugees are forced to leave their country and cannot return unless the situation that forced them to leave improves. Some are forced to flee with no warning; significant numbers of them have suffered torture and trauma. The concerns of refugees are human rights and safety, not economic advantage.

Because refugees and migrants are different groups of people, with different pre-arrival experiences, it is important that the distinction be made in the services provided. Refugees have needs distinct from and additional to those of migrants, in particular in relation to torture and trauma counselling, secure housing and medical care.

HOW DO REFUGEES COME TO AUSTRALIA?

Refugees arrive in Australia is one of two ways:
- through the Refugee and Special Humanitarian Program; or
- as asylum seekers.

The Refugee and Special Humanitarian Program is administered by the Department of Immigration. Refugees and other humanitarian entrants are selected by Departmental officials overseas according to specific criteria. Most successful applicants are issued with a permanent residence visa and are eligible for a wide range of settlement services upon arrival.

Asylum Seekers seek refugee status after arrival in Australia. Most enter as visitors or students. Some arrive without authorisation. The process for seeking refugee status is outlined below.

REFUGEE STATUS DETERMINATION

Australia has a two-stage administrative determination procedure:

Primary Stage: An asylum seeker lodges a written application for refugee status with the Department of Immigration Citizenship (DIAC).

The application is then assessed by an officer of the Department to establish whether the person is eligible for the grant of a protection visa. For this the person must:
- be a refugee as defined by the Refugee Convention;
- have undertaken a medical check;
- have passed a character check.

If the decision is positive, the asylum seeker is granted a protection visa, the type of which is determined by the person’s immigration status when they applied:

- asylum seekers who had entered Australia with a valid visa are granted a Permanent Protection Visa (PPV);
- asylum seekers considered unauthorised arrivals are granted 3 year Temporary Protection Visas (TPVs).
If the decision is negative, the asylum seeker has 28 days in which he/she can seek another opinion.

Review Stage: this is undertaken by the Refugee Review Tribunal (RRT). The RRT is an independent Commonwealth statutory body whose members are appointed by the Governor General on the basis of a recommendation from the Minister for Immigration. RRT Members make a fresh (de novo) determination about whether a person is a refugee. Exactly the same criteria are applied as at the primary stage.

Unless a member accepts an application on the papers alone, all applicants to the RRT are invited to attend an oral hearing. The hearing is formal but non-adversarial. There are two possible outcomes from the review stage:

- the RRT overturns the original decision and grants refugee status. This happens on average in approximately 10% of cases (though this is much higher for some nationalities); or
- the RRT upholds the original decision.

In the event of the claim being rejected by the RRT, it is expected that the applicant will leave the country. There are, however, two further avenues open to applicants dependent on their circumstances:

- Humanitarian Status: claims rejected by the RRT are sent back to DIAC where they are reviewed. If it is considered that there may be compelling humanitarian reasons why an applicant should not be returned to his/her country of origin, the case is referred to the Minister for Immigration who has non-compellable discretionary powers (under Section 417 of the Migration Act) to grant a visa. Failed refugee status applicants can also make a direct approach to the Minister seeking his consideration of their case.

Judicial Review: applicants who have been rejected by the RRT can, in certain circumstances, lodge an appeal to the Federal Court. The Court is not able to determine refugee status. It is the role of the Court to consider whether the determination was conducted in accordance with the law. If the Court finds in favour of the applicant, the case is referred back to the RRT for reconsideration. A favourable court decision does not necessarily mean that the applicant will be granted refugee status when their case is resubmitted to the RRT.

TREATMENT OF ASYLUM SEEKERS

The majority of asylum seekers arrive in Australia with permission to enter (i.e. they have a passport and a valid temporary visa).

If they lodge their application for refugee status within 45 days of arriving in the country, they are given a bridging visa with permission to work (attached to which are Medicare entitlements). They are not eligible for any Centrelink payments nor most federally funded support services.

If the application is made after 45 days, the asylum seeker is given a different type of bridging visa that has no work entitlements (and thus no Medicare coverage). They too are not eligible for Centrelink support.
Because they are ineligible for most support services, asylum seekers are typically supported by family and community members. Limited support is available through agencies listed in the Getting Help Section of this kit.
Bridging visas allow an asylum seeker to remain legally in the community until 28 days after a final decision is made on their claim.

If asylum seekers arrive without authorisation or their visa is cancelled at the point of entry, the law requires that they be detained for the duration of the refugee status determination process.

There are 3 immigration detention centres on the Australian mainland:

· Villawood (Sydney, NSW)
· Maribyrnong (Melbourne, Vic)
· Perth (WA)

There is also a residential housing project at Port Augusta, South Australia. Here, women and children live in family style accommodation while remaining in detention facilities.

In addition, there are immigration and reception and processing centres on Christmas Island which is south of the Indonesian island of Java, and in Baxter in South Australia. These centres are primarily for people who arrive unauthorised by boat.

Australia is the only western country to have a policy of mandatory, non-reviewable detention. This policy – and the conditions within detention centres – is the subject of growing community concern.

ALTERNATIVES TO DETENTION

The NGO sector in Australia has been working towards improving the plight of asylum seekers. To this end it has collectively produced alternative models, examples of which are published here.

The Alternative Detention Model, as its name suggests, seeks to provide an alternative to the current regime whilst addressing the stated security and financial concerns of the Australian Government. The Justice for Asylum Seekers (JAS) Model can also be found on the RCOA website. These two models provide examples of developed policy alternatives to the current situation

The Detention Standards Document has been produced to set out the minimum standards and condition under which detainees should be held if the current policy continues.

TIPS FOR THOSE WORKING WITH ASYLUM SEEKERS AND REFUGEES

Because of the lack of government funded services for asylum seekers and some refugees, many new support groups – often made up of volunteers – are forming. The following are offered as suggestions to help people new to this sector.

Asylum Seekers’ Safety

Our first concern must be the safety of asylum seekers and TPV holders. To ensure this, there are some very important things to keep in mind:

- Identification: make sure that you do not do anything to identify a refugee or asylum seeker publicly without their informed consent. This is not only out of respect of their right to privacy but also because it can put them or their families in danger. DO NOT put names in any electronic transmission (email or website), mention them in the media or use them in speeches. It is not an exaggeration to say that there are people in Australia who systematically pass information back to foreign governments. This can place family members at home in danger or cause problems for the person if they return to their country;

- Public protest: encouraging asylum seekers to speak out against their country of origin may be putting them at risk and does not necessarily assist their asylum claims. DIAC is reluctant to grant protection to claimants whose primary basis for refugee status was committing an act of protest while in Australia, when they suspect that the protest has been undertaken to create or enhance the asylum seeker’s grounds for a refugee claim. Advocating publicly might not only be detrimental during status determination, it can have an impact on their safety if returned.

(See later section on Informed Consent)

Sensitivity

At all times be aware of the potentially fragile emotional state of asylum seekers and refugees. Remember that many have been or are currently living through a traumatizing experience.

Following are some ‘Dos’ and ‘Don’ts’ for ensuring we all behave with sensitivity, especially when visiting detention centres:

DO ask detainees how often they want to be visited; respect their decision to have time away from visitors and let detainees decide how long you will spend together when visits take place.

DON’T raise detainees’ expectations regarding release or the refugee determination process.

DO only make promises that you can keep

DO think about what you wear when meeting with asylum seekers. Both men and women should wear conservative clothing – not shorts, singlets or other revealing attire.

DO behave in a culturally appropriate way. In terms of language and gestures, take your cues from them. Women, in particular, should avoid initiating physical contact with men – even shaking hands – until you get the sense that this is acceptable.

DON’T touch or pick up children unless you have been given permission by their parents. People who have been deeply traumatised are often very protective of their children and may be anxious if a stranger engages with them.

DON’T venture into areas you don’t know much about – especially those related to the processing of asylum seekers application.

DO bear in mind that asking asylum seekers and refugees to repeat their traumatic stories may have a re-traumatizing effect on the individual. Although you may be curious about their past, they might not be comfortable about divulging too much. Let people tell their stories in their own time.

Imagine if you had been raped or physically/psychologically abused and were asked to recount the details to people whom you barely knew… how would you feel? Would you want to share details with people had not yet earned your trust?

DO treat asylum seekers like normal people. Remember, they are normal people in abnormal situations.

DON’T feel compelled to bring asylum seekers and refugees into your home if you don’t feel comfortable doing this.

DO allow time for trust between you and the asylum seeker/refugee to develop – just like in any other friendship.

DO remember that refugees and asylum seekers have just as many failings as anyone else in the community. They are survivors, not heroes.

Looking after Yourself

People working with those who have experienced severe and ongoing trauma are at risk of becoming traumatized themselves. This is especially the case in the current political climate. The affect can present in many different ways: emotional, physical and/or spiritual and can influence relations with family and friends.

“I don’t have a problem stepping into their shoes, it’s the stepping out again that’s difficult”

Vicarious Traumatisation: this is the name given to the transfer of the affects of severe trauma from the person who was traumatised to a worker or supporter.

Like the experience of trauma, vicarious traumatisation can affect a person’s:

· sense of meaning;
· identity;
· world view and beliefs about self and others;
· interpersonal relationships;
· private life and relations with people you are working with and for;
· sensory memory;

and can result in:

· imagery associated with the client's story intruding into waking fantasies or dreams;
· the same nightmares as the client;
· preoccupation with scenes of violence from the trauma story;
· a heightened emotional state: crying easily, engaging in uncharacteristic displays of anger etc;
· over-zealous behaviour: working all hours, neglecting other aspects of life, guilt that contributions are not good enough …

Anyone working with refugees and asylum seekers should have a self-care plan in place (see below) and also watch out for signs of vicarious traumatisation in themselves and others.

If you think that you might be experiencing vicarious traumatisation, it is important that you:

· give yourself permission to take time out doing non-refugee related things;
· treat yourself to some things that you really enjoy;
· avoid using alcohol, sleeping pills or tranquilizers as a crutch;
· seek someone to provide professional debriefing.

Debriefing processes include

· information and understanding of workers' emotional reactions and their "normalisation";
· reducing stress by sharing experiences of difficult situations in a group or team setting;
· learning stress management strategies;
· reinforcing the value of one's work;
· gaining an understanding of the causes of one's difficulties, frustrations and learning what one can do through considering alternatives. A group consisting of people doing similar work can be useful way of generating solutions because group members usually have the experience and the ideas to produce a range of alternatives.

If you see signs of vicarious traumatisation in someone else, take responsibility for talking to them and encouraging them to take some time to look after themselves.

Giving Immigration Advice

A very important thing for anyone working with asylum seekers or TPV holders to know is that it is illegal to give immigration advice if you are not a registered migration agent.

Lawyers and solicitors must also be registered as migration agents to give immigration assistance. The Migration Act details various fines and penalties for those offering migration advice without being registered.

What is immigration advice?

You are giving immigration advice if you:
· use your knowledge of the migration procedure to prepare or help prepare someone else’s visa application or cancellation review application; or
· give someone advice about the visa application or cancellation review application; or
· prepare a person or their paper work for a court proceeding in relation to their visa application; or
· represent a person at court or at the Refugee Review Tribunal regarding their visa application.

What is NOT immigration advice?

You are not giving immigration advice if you:

· tell a person that he/she needs to apply for a visa; or
· pass on information from another person (e.g. a registered migration agent) without commenting or explaining the information in depth; or
· do clerical work (like typing or writing) to prepare (or help prepare) a visa application or other document; or
· provide translation or interpretation services to help prepare an application or other document.

If a person is in need of immigration advice refer him/her to one of the organisations listed in the ‘Service Providers’ section, for expert immigration advice.

Lodging 417 requests

If you are working with an asylum seeker who has been rejected by the Refugee Review Tribunal, consideration can be given to helping him/her appeal to the Minister for Immigration.

Section 417 em thrs’, while portraying the asylum seekers as a threat.

Public reaction: not all members of the Australian public are sympathetic towards refugees. Negative media reports they witness simply reinforce their point of view.

Before undertaking a protest action check with an expert as to what the unintended consequences of your protest could be. Good planning avoids most unexpected outcomes.

You’re welcome to call the Refugee Council or the Detention Working Group for advice on advocacy strategies. We can also talk you through the possible pitfalls of some forms of action.

3. Naming Names

Everything Minister appeared in the previous section about the need to be extremely cautious about identifying any asylum seeker or refugee is as applicable – if not more so - to advocates as it is to helpers.

Always ensure you have the informed consent of your clients before recording their names, through the media or via email,ting the escape of an asylum seeker from detention or encouraging a person to escape may result in that person being excluded from the protection not receiving the protection to which he/she is otherwise entitled.

TIPS FOR ADVOCATES

If it is your aim to change government policy or public opinion, you will be engaging in some form of advocacy. The following is intended as a guide to those coming new to this area.

1. Check Your Facts

It is really important that all your information is factually correct when advocating publicly or publishing information with the aim of educating the public.

Remember that your whole argument could be discredited if you report false information so always:
· ensure your information sources are reliable and will back up your story;
· check your data with experts before releasing it.

It is also important to be mindful of the fact that sometimes detainees offer information that is affected by their traumatic experiences. Also, advocates may misinterpret the words of refugees and asylum seekers because of cultural and language differences between detainees and advocates.

There can also be a danger in basing your entire argument on one specific case. If the case has legal holes then it will be assumed that your argument does too. Further, if advocates use a case that is not legally watertight as the basis of their advocacy, they risk discrediting other advocates’ work.

2. Some Pitfalls of Protest Action

While the right to protest is a very important part of living in a democracy, there are some pitfalls about which one must be mindful.

Protests at detention centres: protests outside detention centres can have outcomes for those on the inside. Many detainees are heartened by the visible sign that people outside are aware of their plight but some can find the protest very frightening. Protesters at detention centres need to be aware of the volatility of detention centres and the unexpected effects protest can have. Protests can also have the unintended effect of retraumatising detainees.

Media coverage: the media enjoys sensational news, and a peaceful protest that has escalated into a violent showdown between protesters and police provides the media with just the type of story they like to report. It also gives the media an opportunity to label refugee and asylum seeker advocates as ‘troublemakers’, while portraying the asylum seekers as a threat.

Public reaction: not all members of the Australian public are sympathetic towards refugees. Negative media reports they witness simply reinforce their point of view.

Before undertaking a protest action check with an expert as to what the unintended consequences of your protest could be. Good planning avoids most unexpected outcomes.

You’re welcome to call the Refugee Council or the Detention Working Group for advice on advocacy strategies. We can also talk you through the possible pitfalls of some forms of action.

3. Naming Names

Everything that appeared in the previous section about the need to be extremely cautious about identifying any asylum seeker or refugee is as applicable – if not more so - to advocates as it is to helpers.

Always ensure you have the informed consent of your clients before recording their names, through the media or via email, and that you have explained where their name could be seen as a result of you releasing it.

Practical questions to ask asylum seekers to ensure consent is informed:

· are you aware that any use of your name on emails or in the media might lead to your government knowing about your whereabouts and activities?

· are you confident that your family and friends back home will not be in trouble if your name is published?

· are you comfortable about letting members of the Australian public know about your story?

· have you obtained advice that releasing information about your background will not have a negative impact on your immigration status?

· do you give me permission to use your personal details in my advocacy?

It is only when EVERY question is answered with a “YES” that it can be said that informed consent is given.

4. Using the Media

The media plays a very important role in influencing public opinion. If used skillfully, the media can be a great ally. It can also, however, do enormous damage to a campaign if certain precautions are not taken. There are a few basic things to bear in mind when using the media:

· think very carefully about the message you want to get across;

· make sure this message is simple and unambiguous;

· designate a spokesperson;

· set ground rules before an interview – for example stipulate the kind of questions you will not answer.

If you are arranging for a refugee or asylum seeker to speak to the media, they might like to consider making use of an anonymity agreement that the journalist is asked to sign. A copy of a pro forma agreement is available from the Refugee Council.

5. Harm Minimisation

Many refugees and asylum seekers are very grateful for the support you are showing them and they will want to do anything you ask of them. The responsibility therefore has to be with advocats that what you are asking will not cause harm or trauma to the person you are seeking to help.

The section on “Tips for Workers” covered many things that need to be considered. Effective advocacy, however, often uses the voices of the victims. If this is what you are planning, think carefully about the issues outlined below.

Firstly, do not forget that if an asylum seeker speaks out publicly in Australia, it might influence his/her asylum claim and future safety. If a decision maker concludes that actions undertaken in Australia were for the sole purpose of strengthening a claim, the law enables them to be discounted in the claim, even if they could lead to the person experiencing problems on return. If there are any doubts , seek advice from the Refugee Advice and Casework Service.

Secondly, it is important to remember that recounting their story publicly can have a profoundly traumatic impact on many asylum seekers and refugees. Even where the person might feel he/she is emotionally strong enough to speak about past experiences, it is important to explain to them that the act of recounting their stories may result in their reliving of these experiences and suffering as a result.

It is essential that a refugee or asylum seeker giving testimony is prepared in advance. It is important that you:

· obtain informed consent for the person’s participation (see section 3 above);

· let the person know exactly what to expect – who will be there, how many, who else will be speaking, how long they are expected to speak, what are the things they should speak about …;

· make sure that the refugee/asylum seeker knows exactly where to go and is able to get there (do not add to the stress of the occasion by having the person get lost en route);

· go through their story with them before they share it publicly. This will give you a chance to assess how well or otherwise the person will cope in a public setting;

· give the person permission not to speak about things he/she does not want to – either in their presentation or in response to questions from the floor;

· make time after the presentation to spend with the refugee/asylum seeker to talk informally about how they felt about the session. This form of debriefing is very important and should not be omitted. If he/she appears distressed, be prepared to spend as much time as is necessary so that they are composed before they leave and make sure that they know how to contact the Service for the Treatment and Rehabilitation of Torture and Trauma Survivors (STARTTS) if they need professional assistance;

· give them a call a day or two later to thank them for their participation and to check that there have been no ill effects.

The needs of the individual should outweigh the need for public education.

Case Study: from an experienced refugee advocate

"I was organising an awareness-raising event and had asked a refugee man to speak about his experience. It was only later that I realised that his speech had triggered a very strong emotional and physical reaction within himself and he had had to re-enter counselling.

It was probably a combination of factors. I didn’t warn him sufficiently about the probable emotional effect in my haste to organise the event. I may have over-emphasized what impact his speech would have on the audience. Publicly denouncing your persecutor can be an important part of the healing process, but it may not be if your audience doesn’t join you in the denouncement. Perhaps he gave so many of the gory details because he thought that is what I wanted and prioritized that over his own needs and limits.

In hindsight I should have briefed him better on what are essentially normal reactions to public disclosure of trauma. I should have assured him that the audience did not need to know more than he was comfortable telling. I should have checked on him periodically afterwards so that I could have referred him to STARTTS if he had not known where to go for intensive support.

I don’t know how he looks back on that event now, but I still feel a bit uncomfortable about it."

WHERE TO DIRECT YOUR ADVOCACY

When planning advocacy it is important to think about WHO you want to influence and WHAT you want to achieve.

Given that politicians are the people who make decisions about policy, they are important targets. Following are some suggestions about lobbying politicians.

1. Local MPs

Your local Member of Parliament wants your vote so he/she is a useful person with whom to make contact.

Before approaching your MP it is a good idea to do some research about his/her views and interests. The best way to get this information is from the MP’s maiden speech, a copy of which can be found under their name on the Parliament House website at www.aph.gov.au.

Approaches to MPs can be via letter but a meeting is often a good way to explore issues in more depth and to get feedback on what the MP intends to do for you as a constituent on this issue.

2. Parliamentary Committees

Parliamentary Committees periodically conduct inquiries into refugee related issues.

The Committees most likely to hold enquiries into refugee and asylum seeker issues are:

· the Joint Standing Committee on Migration;
· the Joint Standing Committee on Treaties;
· the Senate Legal and Constitutional References Committee; and
· the Joint Standing Committee on Foreign Affairs, Defense and Trade’s Human Rights Sub-Committee.

More often than not, inquiries are initiated by politicians who refer a matter to the relevant Committee. Committees can also decide to conduct an inquiry into an issue the members see as relevant.

It is also possible for advocates to write to the Chair of a Committee to encourage the committee to undertake an inquiry into a particular issue. Before doing this, however, it is a good idea to speak to the Committee Secretary to get a sense of the best way to frame such a suggestion.

If, on the other hand, there are concerns about a new piece of legislation, advocates can approach Senators asking them to refer the bill to the Senate Legal and Constitutional References Committee. This will give you a chance to make a submission in which you can outline your concerns.

Information about the Committees and their inquiries can be obtained on the Parliament House website.

LODGING A COMPLAINT

If you have concrete evidence about mistreatment of people in immigration detention centres or inappropriate behaviour on the part of government officials or centre staff, there are a number of avenues through which complaints can be lodged.

The Office of the Ombudsman

Advocates who want to make complaints about Government agencies can do so to the relevant Ombudsman.

There is a Commonwealth Ombudsman who deals with complaints against Commonwealth Departments and their services and there are also state and territory Ombudsmen.

The role of each of the Ombudsmen is to investigate complaints impartially, assist in resolution of disputes, and address defective administration. As a general rule, the Ombudsmen will not, and in some cases cannot, investigate complaints until they have been raised with the agency.

There are various sections within the office of the Commonwealth Ombudsman. For information see the relevant sections of the Ombudsman's website. In addition, a complaints form can be downloaded directly from their site.

The Human Rights and Equal Opportunity Commission (HREOC)

Complaints may be made to the Human Rights Commission if it is perceived that there has been an abuse as defined by one or more of the following Acts:

- Human Rights and Equal Opportunity Commission Act 1986
- Sex Discrimination Act 1984
- Racial Discrimination Act 1975
- Disability Discrimination Act 1992

Specific grounds for complaint include race, sex, pregnancy, marital status and disability in specific areas of public life such as employment, education and in the administration of Commonwealth laws and programs.

The Commission also inquires into allegations of breaches of human rights by the Commonwealth Government or its agencies. The types of human rights breaches the Commission may investigate include allegations of cruel, inhumane and degrading treatment, allegations regarding conditions of detention, and the rights of children.

The Commission is not able to review or overturn decisions made regarding visa applications

All complaints must be made in writing or electronically. You can either:

· send a letter to the Commission;
· contact the Complaint Infoline (1300 656 419) and ask for a complaint form;
· print the form off the Commission's website and lodge your complaint.

There is no charge for lodging a complaint.

On average it takes seven months from the time of receipt to finalise a complaint. More complex complaints may take longer.

Most of the complaint process is undertaken by letter or telephone, so a complaint can be lodged by people irrespective of where they live and whether or not they are a resident of Australia. If a face-to-face meeting is deemed necessary, the Commission staff will travel interstate or to rural or remote areas to provide those services.

Contact Details:
Complaints Infoline: 1300-656-419
Tollfree: 1800-620-241
Tel: 02 9284-9600
Facsimile: 02 9284-9689
Email
Interpreter Service: 131-45

Health Care Complaints Commission

Detainees in NSW can make complaints about the health care they are receiving in detention to the HCCC that deals with complaints against health services and health practitioners within the NSW health system.

Contact Details:
Health Care Complaints Commission,
Postal address:
Health Care Complaints Commission
Locked Bag 18
Strawberry Hills
NSW 2012

Tel: 02 9219 7444
Fax: 02 9281 4585
Email: hccc@hccc.nsw.gov.au
(Tel: 131450 for an interpreter)

The Australian Competition and Consumer Commission (ACCC)

For a complaint about phone cards or telephone services at detention centres on behalf of detainees (or detainees wish to make complaints themselves) these can be made to the ACCC.

The ACCC is an independent statutory authority responsible for administering the Trade Practices Act 1974. The goal of the ACCC is to enhance the welfare of Australians through the promotion of competition and fair-trading, and provision of consumer protection.

To make an inquiry or lodge a complaint, contact the ACCC information line on 1300 302 502 or visit the website.

It is also possible, under very limited and specific circumstances, to make a complaint to one of the complaints mechanisms with the United Nations High Commissioner for Human Rights.

Complaints can only be lodged when all domestic remedies have been exhausted and the processing of complaints can take many years.

It is wise to seek specialist legal advice before commencing with such a complaint.

Concerns can also be brought to the attention of the following advisory bodies:

The Immigration Detention Advisory Group (IDAG)

The Immigration Minister formed IDAG in February 2001 to provide advice on the appropriateness and adequacy of services, accommodation and facilities at Immigration Reception and Processing Centres (IRPCs) and Immigration Detention Centres (IDCs). IDAG has a broad range of powers and it reports directly to the Minister.
Advocacy groups with substantiated evidence about improper practices in immigration detention centres can bring this to IDAG’s attention.

Contact details
IDAG Secretariat
C/- DIAC
PO Box 25
Belconnen ACT 2616
Website:
http://www.immi.gov.au/managing-australias-borders/detention/regulations/idag.htm

Community Reference Committees

Community Reference Committees have been established in each DIAC detention facility around the country.

Each Committee focuses on matters pertaining to the conditions and services provided at the particular centre.

Membership of Community Reference Committees is by invitation only, and includes representatives of DIAC, representatives of Australian Correctional Management, detainees, community-based service providers and local community representatives.

Advocates with concerns about Villawood can direct these to the Community Representatives on the Villawood Community Reference Committee.

The DIAC-NGO Forum

The Department of Immigration meets twice annually with delegates from invited national peak non-government organisations (NGOs) and other representative agencies.

The Forum provides a venue for discussion about legislative developments and national policy issues and for raising community concerns.

People wishing to have concerns raised at the Forum can contact the NGO participants. These include: RCOA, the National Council of Churches, Red Cross, the Federation of Australian Services for Survivors of Torture and Trauma, the International Commission of Jurists and Amnesty International.

NSW Asylum Seeker and Refugee Forum (NASREF)

NASREF is a NSW Forum convened by the state office of DIAC. It provides an opportunity for community representatives to discuss policy issues relating to service provision for refugee and asylum seekers living in NSW with senior DIAC staff.

Attendance is by invitation only.

NGO participants include: RCOA, the National Council of Churches, the Asylum Seekers Inter-Agency, the Refugee Support Network, the International Commission of Jurists, the NSW Ethnic Community Council, STARTTS, Red Cross, the St Vincent de Paul Society, the NSW Legal Aid Commission, the Refugee Advice and Casework Service, the Villawood Immigration Detention Centre Community References Committee, the Migration Institute of Australia and Amnesty International.

Whereas the DIAC-NGO Forum focuses on national policy issues, NASREF focuses on the more practical aspects of onshore processing and settlement services delivery.

It is also possible to raise concerns directly with the Minister for Immigration or the Department.

Minister for Immigration

Senator Chris Evans
Minister for Immigration and Citizenship
Parliament House
Canberra ACT 2600

Department of Immigration and Citizenship (DIAC)

DIAC is the main Government body dealing with refugees and asylum seekers. Amongst other things, DIAC processes onshore and offshore applications for refugee visas, has carriage of border control (including detention) and funds settlement services.

The DIAC website provides information regarding:

· Australia Government policy;
· government rebuttals to criticisms;
· mandatory detention issues;
· visa applications;
· migration agents, including information about how to register complaints about migration agents;
· children in detention;
· Temporary Protection Visa entitlements;
· Australian population changes and predictions;
· settlement services;
· statistics.

Contact Details:
National inquiry line: 131 881
Central Office:
PO Box 25
Belconnen ACT 2616