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Submission to the National Inquiry into Children in Immigration Detention from
the NSW Department of Education and Training
1. Introduction
2. Adequacy of current educational provision
3. Educational programs in NSW government schools
4. Temporary Protection Visa Holders enrolled in government schools.
5. Cost of educating child asylum seekers and students on temporary protection visas
6. Support for children and families who have been released from detention
7. Recommendations
Appendix 1
1. Introduction
'The Department of Immigration and Multicultural Affairs (should) negotiate agreements with State Governments … to enable children in detention centres to gain access to nearby schools.'
A report on visits to immigration detention centres.
Joint Standing Committee on Foreign Affairs, Defence and Trade. (June 2001)
This submission supports the proposition that for children in detention their education would be best served by allowing such children to enrol in government schools outside the detention centres.
To date no agreement or memorandum of understanding exists between the Commonwealth and the New South Wales Government in regard to the education of children held in Villawood Immigration Detention Centre (IDC).
Currently children in Villawood IDC do not access local schools and must remain in Villawood for their education. The major educational provider in New South Wales, the Department of Education and Training, has no direct or indirect input into educational programs for children in detention at Villawood. The nature of the educational provision in Villawood IDC is determined by the contractor, Australasian Correctional Services (ACS), in accordance with the Commonwealth's Immigration Detention Standards (IDS).
In 2001, in one particular instance, the New South Wales Department of Education and Training worked with the Commonwealth Government to enable a child in Villawood to attend a government school. In this case the child was released from Villawood IDC into the custody of another family. Then, in order to enrol the child who was still considered to be an unlawful non-citizen, the chosen public school was approved as a place of detention under the Migration Act 1958. The school principal accepted DIMIA's request to hold the child in immigration detention while he attended school.
Generally, however, children in Villawood IDC are not separated from parents or family and so remain in detention unable to access local schools.
Children and unaccompanied minors holding temporary protection visas who have been released into the community are currently able to enrol in NSW government schools. Schools recognise that these students often have experienced torture and or trauma, have interrupted education and many are at risk of not completing their schooling and so the schools provide appropriate counselling and welfare programs. In addition such children are able to access intensive English as a second language and community language tuition where appropriate.
On an international comparison Australia's policies on mandatory detention of 'unlawful non-citizens' appear to be unique. The current system of operation in almost all refugee-receiving countries is generally the release of asylum seekers into the community. The number of asylum seekers in Australia is small in relation to many of these countries. Countries such as Great Britain, Sweden, the United States of America and Canada do not impose long-term mandatory detention and do allow asylum seekers' children to enrol in school.
2. Adequacy of current educational provision
Education shall be directed to the … 'preparation of the child for responsible life in a free society, in the spirit of understanding, peace, tolerance, equality of sexes and friendship among all peoples, ethnic, national and religious groups and persons of indigenous origin.'
Convention on the Rights of the Child, Article 29 (1), 1989.
Under the United Nations Convention on the Rights of the Child (1989) (the Convention), all children have a fundamental right to be educated. In particular it requires that primary education be compulsory and that different forms of secondary education, including general and vocational education, be available and accessible to every child.
The right of the child to be educated in New South Wales is reflected in the Education Act (1990) with its requirement for compulsory education for all children aged between 6 and 15 years.
However, education for children of any age in Villawood IDC is not compulsory. The Immigration Detention Standards do not require the provider to meet state or territory curriculum requirements. Nor do the standards require the provider to use qualified or registered teachers.
Information available indicates that educational programs in Villawood do not provide the same level of education available to children in local schools. This contradicts the Convention principle that there must be no discrimination in access to education for any child, regardless of status. A child in detention has the right to access and participate in education 'to the maximum extent of available resources' (the Convention, Article 4).
Advice from the Department of Immigration and Multicultural and Indigenous Affairs (DIMIA) indicates that at 23 April 2002, 26 children of school age and seven pre-school age children were detained at Villawood. This number is subject to fluctuation.
Villawood IDC educational programs for children include pre-primary education and general education. Adult education programs include general education, life skills, English classes, basic computing and vocational training. It is the Department's understanding that at Villawood both children and adults participate in the same classroom. Three qualified teachers: one adult educator, one primary school teacher and one pre-school teacher are available to support the education needs of people detained at Villawood IDC. English classes consist of 4 x 1 hour sessions per day for 4 days per week.
On the available evidence, the educational programs provided by the contractor are inadequate and inappropriate in providing for children of different ages and abilities and cannot meet the Convention requirements.
It could be deemed discriminatory to educate children in the isolated environment of a detention centre. Children need to learn more than English to advance their education and they learn much more from interaction with peers in school. In school, children would be able to learn in a safe and nurturing environment.
The current educational provision at Villawood is limited in terms of breadth of curriculum and depth of teaching programs. The quality of provision is severely impacted on by teacher quality and numbers of students participating in educational activities. The small numbers of both students and teachers means that to group students of similar age and educational needs would not be possible.
Essential to achievement of educational success for students is the correct placement of students in programs. Initial educational assessment of a child is essential but can be difficult, particularly for children with little or disrupted education and the resulting difficulties of literacy in a student's first language. Assessors need to have appropriate experience in assessing English language competence as well as experience in identifying the impact of previous torture and trauma and the settlement process on psychological development and educational progress. The use of bilingual support to conduct such educational assessments is necessary.
Children at Villawood IDC, possibly already traumatised by previous experiences, need the stability and normality of school. There they can achieve some successes such as progress in school work and English, be encouraged to have a positive attitude to their own culture and language, make friends or be supported by welfare programs and counsellors experienced in helping refugee students.
If children in detention were allowed to enrol in schools they would be able to resume their interrupted education and continue to learn English in an environment with good English speaking models to support their English language learning. This is extremely important in light of information from DIMIA which indicates that the majority of people in detention centres who have applied for protection as refugees are eventually released into the community on three year temporary protection visas. When the children then later enrol in school, they have experienced considerable disruption to their learning, sometimes for several years.
3. Educational programs in NSW government schools
*Rany's Journey *not her real name
Rany is a Year 12 student in a Sydney high school who enjoys both school and social activities. A keen member of the Student Representative Council at school, she always wants to be involved and achieve as well as she can. She enjoys good health and life. But it has not always been so.
A frail child, Rany had been born in a Thai refugee camp where her Cambodian parents waited for resettlement in another country. After waiting seven years in the camp, they paid smugglers to take them to Australia. They could only afford for two to go. Rany's father stayed behind.
Mother and daughter arrived in Australia after a long boat journey and were taken to the detention centre at Port Hedland. Other Cambodians arrived later and one brought the news that Rany's father had died of hepatitis.
After 12 months of detention, Rany and her mother were released and eventually arrived in Sydney. By this stage Rany was in such poor health she spent periods of time in hospital. A philanthropic organisation paid for life-saving medical treatment for her.
At the same time, Rany, then aged 8, enrolled in a government primary school in Western Sydney. She had very little English but she wanted to learn. She had been bored with so little to do in the detention camp.
In primary school, Rany was immediately placed in a special new arrivals class for intensive English tuition. A support teacher, learning difficulties, also helped her to catch up lost school years. Rany was able to study Khmer as a community language and a bilingual aide supported her language and learning. The school counsellor referred Rany to appropriate medical and community support services.
With liaison between primary school and high school to support the transition, Rany completed primary school and moved on to a government high school. With continuing English as second language support, she worked hard, sometimes struggling but always trying; she made friends, her optimism growing. Intensive counselling enabled strong communication between Rany and her mother and the school. She was encouraged to join the Student Representative Council undertaking school and district programs in leadership skills. Rany moved through her high school years with increasing confidence.
She is in her final year at school, studying for the Higher School Certificate - a young adult and active participant in Australian society.
In accordance with the principles of the Convention, children in New South Wales have the right to access and participate in education 'to the maximum extent of available resources'. Unfortunately, in May 2002, this right is not available for children from Villawood IDC.
Access to available educational resources for children in detention should mean the right to enrol in their local primary school, high school or Intensive English Centre or college of TAFE, where appropriate. Appendix 1 provides details of government schools in the Villawood area where children in detention could enrol.
Government schools cater to the needs of children of a wide range of ages and cultural and linguistic backgrounds. In 2001 NSW government schools enrolled 182,884 (25%) students from culturally and linguistically diverse backgrounds. Some 6,614 newly arrived students from overseas were also enrolled during the year. In total approximately 83,336 students received English as a second language tuition and some 46,000 students participated in community language programs.
In New South Wales, multicultural policy is enshrined in The Community Relations Commission and Principles of Multiculturalism Act (2000). This act recognises and values the different linguistic, religious, racial and ethnic backgrounds of the people of New South Wales.
Curriculum and educational provision
The New South Wales school curriculum is inclusive of students from language backgrounds other than English and provides programs which value the cultural and linguistic backgrounds of students and address their specific learning needs. Such programs enhance personal and cultural identity and are relevant to the particular needs and situation of children in immigration detention.
The New South Wales Department of Education and Training operates 78 pre-schools across the state. Three pre-schools are located in nearby schools. Children who attend pre-school can learn social and early educational skills through play and structured activities supervised by trained pre-school teachers.
Students in primary schools learn through six key learning areas: English, Mathematics, Science, Human Society and its Environment, Science and Technology, Personal Development, Health and Physical Education and Creative Arts.
In high schools the school curriculum is taught through eight key learning areas: English, Mathematics, Science, Technology and Applied Studies, Human Society and its Environment, Personal Development, Health and Physical Education, Creative Arts and Languages other than English.
The development of students' literacy and numeracy skills and understanding through a broad range of subjects is a fundamental focus of the curriculum and this is supported by the provision of English as a Second Language tuition for students whose first language is not English. Continued development of these skills is paramount for children in detention whose education has been disrupted.
Maintenance of a child's first language is encouraged. Community language courses are valued and can be studied in schools, in TAFE and through the Saturday School of Community Languages.
The civics and citizenship content involves knowledge and understanding of how our Australian society operates. Multicultural content in subjects assists the development of the student's knowledge, understanding and skills applicable to the multicultural and multilingual nature of Australia. Children who have been able to enrol in schools prior to release into the community would have a better chance of coping with resettlement if they already possess knowledge and understanding of Australian society.
Students also learn key competencies which are generic competencies essential for effective participation in schools and for learning for further education, work and everyday life. In high school, students can choose to study specific vocational education and training courses.
A number of high schools in New South Wales place a special emphasis on a particular area of learning. Parents can choose to enrol their children in a comprehensive high school, boys or girls high school, technology high school, languages high school, performing arts high school, sports high school, creative arts high school or an agricultural high school.
Assessment and reporting
All primary and secondary schools report student achievement and progress to parents or caregivers at least twice a year. As well as school based reporting statewide testing of students also takes place.
Basic Skills Tests (BST) are conducted in primary school to test aspects of literacy and numeracy. Results are reported to parents. In years 7 and 8 students' achievements in literacy and numeracy are tested through the English Language and Literacy Assessment (ELLA) and the Secondary Numeracy Assessment (SNAP) programs.
The School Certificate is awarded to students who successfully complete examinations at the end of Year 10. Students who successfully complete Year 12 and sit for the examinations at the end of the course are awarded the Higher School Certificate. This qualification is recognised locally, nationally and internationally and examination results provide the main gateway for university entrance.
English as a Second Language tuition
English as a Second Language (ESL) tuition is provided in primary schools, high schools and Intensive English Centres (IECs) to support the English language development of students whose first language is not English. There are 876 (full time equivalent) ESL teacher positions across primary schools and high schools providing support for approximately 84,000 ESL students.
High school age students generally enrol in an IEC for an average of three terms. Upon completion of their intensive English program students transfer to a high school. IECs prepare students for studying in high school by providing English language, orientation, settlement and welfare programs in a high school like environment.
In order to make a successful transition, students participate in a Transition to High School program. This program assists students to make informed decisions about future subject and school selection. Each student leaves the IEC with a record of their educational achievement. This is used by the receiving school to place the student in an appropriate educational program.
Special needs students
In line with Article 23(3) of the Convention, which articulates the need for effective access to the fullest possible social integration and individual development in education, government schools in NSW follow a policy of integration in mainstream classes for students with a disability. Where appropriate students may also attend special schools.
A wide range of special education support services is provided to meet the educational needs of students with disabilities and learning difficulties. Teachers trained in special education and learning difficulties are available to meet the specific needs of students.
Religious education
Students attending government schools have the opportunity to participate in special religious education. This involves representatives of approved religious groups attending schools during specified times to provide instruction to students of that group.
Schools also allow for students' religious observance, for example, by designating a room within school as a prayer room.
Counselling Services
All government schools have access to school counsellors. Many are registered psychologists. School counsellors provide assistance to students experiencing emotional, psychological, social and learning problems. Appropriate counselling services are able to support at risk students who have previously experienced torture and trauma. Specialist migrant counsellors are based in Intensive English Centres (IECs) and support local counsellors in meeting the particular needs of child asylum seekers. In supporting the needs of students counsellors liaise with parents or caregivers, where appropriate.
Child Protection
Government schools have a responsibility to protect young people in their care from sexual, physical and emotional abuse and neglect, and from improper conduct of a sexual nature. The Department of Education and Training has a number of procedures and training programs in place to ensure the safety of all children at school. In the classroom child protection education is taught as part of the Personal Development, Health and Physical Education key learning area.
Drug Education
Drug education is an integral part of the Personal Development, Health and Physical Education key learning area. Drug education aims to provide students with the relevant information and skills necessary to make informed lifestyle choices relating to drug use.
Refugee Resettlement Services
To meet the needs of refugee students and students who have experienced trauma, loss and fear prior to their arrival in Australia, the Department of Education and Training provides a range of services. These services include courses for teachers where teacher awareness about the impact torture and trauma may have on student learning and behaviour is discussed and appropriate strategies for teaching these students are provided. The Department, in conjunction with the Service for the Treatment and Rehabilitation of Torture and Trauma Survivors, also trains facilitators to conduct Families in Cultural Transition courses for families.
The Department also closely cooperates with other government and non-government agencies such as the Department of Community Services, NSW Refugee Health Service, Service for the Treatment and Rehabilitation of Torture and Trauma Survivors (STARTTS), ANGLICARE and the Migrant Resource Centre Association Inc in order to provide support to schools to meet the needs of refugee students and their families within the school community.
Interpreting and translation services
Interpreter services are also available free of charge to assist in the communication between school, parents and the community. Reporting of student progress is assisted through the use of interpreters.
The Department also provides translations of key educational documents in relevant languages other than English.
District support structures
There are 40 district offices throughout the state. A district superintendent is based at each office. District office staff form a multidisciplinary team that provides a range of quality school focused services to meet the needs of students and teachers in the area.
Villawood IDC is located in the Fairfield district. Multicultural education programs and services in the Fairfield district are supported by consultants and Community Information Officers in the local district office. Two Multicultural / ESL consultants provide professional support to schools in implementing ESL, anti-racism and multicultural education programs. Two Community Information Officers (CIOs) (NESB) support schools in communicating and strengthening links with their parents and community members from language backgrounds other than English. Such services would be available to parents of children from detention centres.
Adolescent needs: post compulsory education
The Convention defines a child as a person under the age of 18 years of age and although it is not compulsory for students in New South Wales to attend school after the age of 15, most students choose to do so. Post-compulsory aged students are encouraged to continue their education in the senior years through a range of educational and vocational options which prepare them for the award of the Higher School Certificate (HSC) at the end of Year 12 and the workplace and further study.
In Villawood IDC, young people between 15 and 17 years of age only have the choice of attending the general education classes for younger children or adults. There are no specific programs for those between childhood and adulthood. Adolescents are a particularly vulnerable group in the sense that they are no longer children and not yet adults.
These young people in detention are particularly at risk because they suffer the stresses and insecurity of being both adolescents and asylum seekers and the fact of detention means that their chance of making an effective transition to new opportunities has been gravely disrupted. Information from DIMIA has indicated that most people in detention centres are released into the community on three year temporary protection visas. Without continuous education, training and community support they may lack the capacity to participate in the social and economic life of their community.
As the Report from the Prime Minister's Youth Pathways Action Plan Taskforce of 2001 notes, 'Failure to (participate in the community) condemns some young people to life on the margins. It diminishes their quality of life and deprives the community of their contribution. (p.8)' The resulting social and economic costs for the community can be high.
This report recognises the need for stronger links between young people's experiences in school and in the wider world, including the world of work. The report thus echoes the emphasis in Article 28 of the Convention on the need for different forms of secondary education, including general and vocational education.
Access to schools for young people in Villawood will provide such opportunities. Students in Year 10 in NSW schools can undertake vocational School to Work Programs and Career and Work Education. A major focus of the Higher School Certificate (HSC) program in Years 11 and 12 is the opportunity for all students to study vocational education and training (VET) industry curriculum framework courses which have been developed to provide students with the skills required by industry and with nationally recognised qualifications. The industry curriculum framework courses are based on competency standards defined by industry.
General education courses for post compulsory aged students are also available across many subjects including English, Mathematics, Science and Computer Studies. HSC courses include an English course specifically designed for students whose first language is not English, and who have recently arrived in Australia. Additional literacy support is provided for students with low levels of literacy through the Fundamentals of English course.
4. Temporary Protection Visa Holders enrolled in government schools.
In New South Wales child temporary protection visa (TPV) holders are able to enrol in government schools. Between October 1999 and May 2002 a total of 398 children holding temporary protection visas were enrolled in NSW government schools. 171 students were enrolled in primary schools, 21 in secondary schools and 206 attended Intensive English Centres.
Students holding TPVs are able to access all programs and services in the same way as Australian citizens and permanent residents.
All TPVs who have enrolled in government schools have required English as a Second language support. The New South Wales government has met this cost as the Commonwealth has refused to provide funding to the state to meet the costs of providing English as a Second Language support to these students.
The Department has also ensured TPV holder students and their families are able to draw on the services and expertise of the Service for the Treatment and Rehabilitation of Torture and Trauma Survivors (STARTTS). In particular, TPV students and their parents have been encouraged to participate in Families in Cultural Transition (FICT) courses.
5. Cost of educating child asylum seekers and students on temporary protection visas
Under the Immigration Detention Standards the contractor is required to provide social and education programs appropriate to the child's age and abilities. Education is not compulsory. No educational standards are stipulated in either the Immigration Detention Standards or the contractual arrangements with Australasian Correctional Services (ACS).
The current cost of educating a child in detention is factored into contractual arrangements with Australasian Correctional Services (ACS). No data is available on the actual funds provided to ACS or actual costs incurred.
While Western Australia is the only state to enrol children in detention in local schools all states and territories allow children holding temporary protection visas to enrol and access the full range of curriculum and educational programs, including English as a Second Language tuition.
No state has entered into any agreement or memorandum of understanding with the Commonwealth Government concerning the type of educational provision that children in detention who enrol in a local government school may be able to access. In the one case where a child in detention attended a New South Wales government school the Department of Education and Training met all costs associated with the education of the student. This included providing the school with additional ESL and counselling support.
The Director-General of the New South Wales Department of Education and Training has recently written to the Secretary of the Department of Immigration and Multicultural and Indigenous Affairs (DIMIA) indicating his belief that NSW government schools would provide the best education for children in detention. DIMIA officers have indicated a willingness to commence discussions on this issue.
Should the Commonwealth agree to the enrolment of children in detention in local schools, such arrangements should be detailed in a memorandum of understanding which clearly articulates the educational standards to be met, roles and responsibilities of relevant parties and costs to be borne.
In relation to child temporary protection visa holders the Commonwealth should clearly accept its responsibility to provide states with the English as a Second Language New Arrivals per capita grant of $3,997 to meet the intensive English needs of these students. It should be noted that this figure does not reflect the actual cost of service delivery.
New South Wales in cooperation with other states and territories is working through the Ministerial Council on Education, Employment, Training and Youth Affairs to review the current funding formula for the English as a Second Language New Arrivals programme to ensure the per capita amount provided actually reflects the cost of provision.
6. Support for children and families who have been released from detention
Children and their families who have been in detention are often in fear of authority and schools and teachers have to work hard to establish a positive relationship and regain their trust.
DIMIA provides very little information concerning the previous history of children and their families when they are released from detention. Schools need to establish the educational background of children in order to determine appropriate programs for them.
School staff work hard to ensure that the physical and mental health as well as safety of children released from detention is addressed immediately on enrolment in school. Schools establish links with doctors, dentists, the NSW Refugee Health Service and the Service for the Treatment and Rehabilitation of Torture and Trauma Survivors and the Transcultural Mental Health Service in order to ensure that students' physical and psychological well being is being addressed. In many cases, families have been severely traumatised by their experiences, so children may not be receiving effective parenting. Families in Cultural Transition (FICT) courses are designed to address this issue.
7. Recommendations
The New South Wales Department of Education and Training strongly recommends:
1. That children in detention be allowed to enrol in government schools.
2. That the Commonwealth Government provide funding support to state and territory education systems for the English as a Second Language education of those students.
3. That the Commonwealth Government provide additional support to children and their families released into the community to assist their adjustment to life in Australia, and that this should include parenting support, health and counselling services.
Appendix 1
Possible government schools in the local Villawood area
| Primary School | District |
| Chester Hill North PS | Fairfield |
| Old Guildford PS | Granville |
| Villawood North PS | Fairfield |
| Yennora PS | Fairfield |
| High schools | District |
| Chester Hill HS | Fairfield |
| Sefton HS (part selective) | Fairfield |
| Intensive English Centres | District |
| Chester Hill IEC (located across the road from Villawood IDC) | Fairfield |
| Public schools with pre-schools | District |
| Old Guildford PS | Granville |
| Sefton Infants | Fairfield |
| Villawood East PS | Bankstown |
Mr
Roger B Wilkins
Director-General
The Cabinet Office
New South Wales
GPO Box 5341
SYDNEY NSW 2001 DGL 02/704
Dear Mr Wilkins
I refer to your letter of 5 March 2002 concerning the National Inquiry into Children in Immigration Detention. Enclosed please find the New South Wales Department of Education and Training submission to the inquiry.
The submission addresses the inquiry area of education. It proposes that children and young people detained in immigration detention centres would benefit from attending local public schools. I would appreciate receiving a copy of the New South Wales submission to the Inquiry once available.
Enquiries regarding this matter should be directed to Ms Hanya Stefaniuk, Manager, Multicultural Programs on 9244 5412.
Yours sincerely
Ken Boston
MANAGING DIRECTOR OF TAFE NSW
DIRECTOR-GENERAL OF EDUCATION AND TRAINING
May 2002
