Labor’s push for inquiry passes Senate with backing of Derryn Hinch, Jacqui Lambie and the Nick Xenophon Team

This article is more than 4 years old

This article is more than 4 years old

Australia’s parliament will launch an investigation into allegations of abuse, self-harm and neglect of asylum seekers held in Australia’s care on Nauru and Manus Island.

The Guardian’s publication of the Nauru files renewed attention on Australia’s offshore detention regime, particularly the Nauru detention centre.

The contents of the incident reports has drawn heavy domestic and international criticism and renewed pressure on Malcolm Turnbull’s government to end close to three years of detention of asylum seekers and refugees on Nauru and Manus Island.

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Labor initiated a push for a Senate inquiry following the release of the files. The motion was co-sponsored by the Greens and received the backing of the crossbench senators Derryn Hinch, Jacqui Lambie and the Nick Xenophon Team to pass the Senate on Monday.

The initial terms of the inquiry, which focused on Nauru, have been expanded to also encompass allegations of abuse and neglect at the Manus Island detention centre in Papua New Guinea.



It will investigate responses to abuse and assault allegations by the Australian government and its private contractors, as well as the steps the government has taken to negotiate resettlement options with third countries. Labor’s proposal for an independent children’s advocate to monitor the welfare of children in detention will also be a specific focus.

The inquiry will also examine the effect of a new criminal offence in the Australian Border Force Act that could see detention staff jailed for up to two years for speaking out about what they have seen inside the detention system.

The shadow immigration minister, Shayne Neumann, said the government had “failed to establish durable, third-country resettlement arrangements”.

“The Nauru files represents the largest leak of documents detailing the reporting of and responses to allegations of mistreatment of individuals residing in offshore detention centres and, like many Australians, Labor was concerned by the contents of those reports,” he said.

“Labor has made clear our commitment to offshore processing and regional resettlement, combined with the policy of turning back boats to ensure people smugglers are denied their trade in exploiting vulnerable people. We have also made clear our view that we have a special obligation to ensure those vulnerable people are not subjected to any further harm or violence.

“As representatives, we have a responsibility to investigate serious claims about any mistreatment of asylum seekers in offshore processing centre.”

The Greens’ immigration spokesman, Nick McKim, said: “We need to reveal the truth.

“There have been horrendous allegations of assaults, sexual abuse and ... [allegations of ] widespread cover-ups at high levels.

“The government’s only responses have been denial, dismissiveness and disinterest ... We need to close the camps and bring the people there to Australia.”

The inquiry is due to report by March 2017.

Full terms of the Senate inquiry into Australia’s offshore detention centres

The following matters be referred to the legal and constitutional affairs references committee for inquiry and report by the last sitting day in March 2017:

– The serious allegations of abuse, self-harm and neglect of asylum seekers in relation to the Nauru regional processing centre and any like allegations in relation to the Manus regional processing centre, with particular reference to:

(a) the factors that have contributed to the abuse and self-harm alleged to have occurred,

(b) how notifications of abuse and self-harm are investigated,

(c) the obligations of the Commonwealth government and contractors relating to the treatment of asylum seekers, including the provision of support, capability and capacity building to local Nauruan authorities,

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(d) the provision of support services for asylum seekers who have been alleged or been found to have been subject to abuse, neglect or self-harm in the centres or within the community while residing in Nauru,



(e) the role an independent children’s advocate could play in ensuring the rights and interests of unaccompanied minors are protected,

(f) the effect of part 6 of the Australian Border Force Act 2015,

(g) attempts by the Commonwealth government to negotiate third-country resettlement of asylum seekers and refugees,

(h) additional measures that could be implemented to expedite third-country resettlement of asylum seekers and refugees within the centres, and

(i) any other related matters; and

2. The committee be granted access to all inquiry submissions and documents of the preceding committee relating to its inquiry into the conditions and treatment of asylum seekers and refugees at the regional processing centres in the Republic of Nauru and Papua New Guinea.