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Submission to the National Inquiry into Children in Immigration Detention from
the Royal College of Nursing , Australia
INTRODUCTION
About Royal College of Nursing, Australia
Royal College of Nursing, Australia (RCNA) is the national professional organisation for Australian nurses. The College was established in 1949 and until the early 1990's was a provider of formal ongoing education for nurses who wished to gain higher qualifications in nursing. Following the completion of the transfer of nursing to the higher education sector in 1993, the College refocused its functions to become the national professional organisation for Australian nurses.
About the Australian Nursing Federation
The Australian Nursing Federation, which was established in 1924, is the national union for nurses in Australia and, with a membership of 120,000 nurses, the largest nursing professional organisation. The ANF's core business is the industrial and professional representation of nurses and nursing, both nationally and internationally, through the activities of a national office and branches in all States and Territories of Australia. The ANF actively participates in the development of policy and legislation in nursing, nursing regulation, health, community services, veterans' affairs, education, training, occupational health and safety, industrial matters, immigration, law reform and social justice issues.
Focus of this Submission
The submission does not attempt a review of the literature - the impact and health consequences of inappropriate detention, particularly on children, are well researched and well documented. The Human Rights and Equal Opportunity Act (1986) and the Convention of the Rights of the Child (1989) outline the standards of care which underpin this inquiry, and are charters based on research. They are widely recognised and supported by nurses.
Nurses provide the majority of health services for people in detention. As a profession, nurses are seriously alarmed by the negative impact, both current and future, of detention, on the physical, psychological, social and emotional development of children.
This submission is presented on behalf of RCNA and the ANF and the nurses they represent. This submission has the following aims:
1. to provide recommendations on the minimum standards of care that need to be provided for children in immigration detention in Australia;
2. to provide recommendations on the working conditions and employment of health workers, especially nurses, who work in detention centers; and
3. to provide recommendations regarding the mandatory detention of children and possible alternatives.
RECOMMENDATIONS
1. RCNA and the ANF recommend that the minimum standards of care for children in immigration detention in Australia ensure the availability of:
- A level of physical and mental health care during detention and after release that is comparable with the standard expected by the Australian community for its members. This is true for all people in detention but applies particularly to children of all ages, to children with disabilities, and to pregnant women. This should include measures that ensure a reasonable level of continuity of care, including access to specialist health services as required.
- Initial physical, mental and emotional health screening, testing and treatment for all children conducted upon arrival at a detention facility. Appropriately qualified personnel must be available to conduct this initial assessment - personnel who include mental health practitioners, psychologists, and health personnel with paediatric and/or maternal and child health qualifications.
- Adequate protection from possible harm associated with being in detention, over and above mental and physical health services - ie. protection from abuse (by staff or other detainees), protection from infectious diseases, and from witnessing the stress of family members.
- Special provision for the care, education and supervision of unaccompanied children.
- Services that ensure that pregnant women are not separated from the support of their families during the final stages of their pregnancy. If the relocation of pregnant women closer to maternity care during the last few weeks of their pregnancy is considered desirable, then partners and/or family members must accompany them.
- Mechanisms to ensure the confidentiality of the health information of detainees such as that as would reasonably be expected by the Australian community for their own health information. Non-health staff including immigration officers should not be able to access the health information of detainees, including children, unless written permission is granted by the individual or their guardian.
- Sufficient age appropriate opportunities for the mental, emotional, and psychosocial development of children in care, such as maintaining culture, access to toys, opportunities for play, access to education, access to recreation etc.
- Age and culturally appropriate education for all children in care, at the standard that would reasonably be expected by the Australian community for their own children.
- Measures, which ensure adequate accountability for and reporting of education and health care standards by independent health and education specialists, in order to maintain the level of health care outlined above.
2. With regard to health care providers, RCNA and the ANF recommend:
- An adequate level of staffing in all centres. The turnover of detainees can be high and numbers can fluctuate quite dramatically, sometimes much more quickly than allowed for by the employment contracts of nurses. Numbers of staff should therefore be commensurate with the highest expected number of people in detention.
- The employment of staff with appropriate qualifications and experience. Nurses should have a minimum of five years experience and nurses with specialist qualifications in community health, maternal and child health, and mental health, should be employed wherever possible. Appropriate incentives should be provided to such staff, which could be extended to their current employer, to allow for periods of secondment.
- " The establishment of formal and informal mechanisms for debriefing and/or counseling health care staff as required or as requested by staff.
- The introduction of occupational health and safety measures, which protect nurses from harm inherent in the social and physical working environment and from illness and disease.
- The introduction of measures, which protect staff from workplace bullying. The volatile environment in detention centres puts extra pressure on staff and as a result nurses commonly report workplace bullying. Addressing workplace shortages, ensuring the availability of debriefing sessions and other measures outlined above should go some way to reducing the occurrence of workplace bullying.
3. With regard to detainment in general, RCNA and the ANF highlight the global responsibility of all adults, all communities, and all governments, for the non-harming of children. The harmful long-term effects of depriving children of their liberty have been well documented. It is vital that children are not held in detention for any longer than absolutely necessary and that alternatives are provided. The Government's Alternative Detention Arrangements for Women and Children Project which enables women and their children to live in family-style accommodation away from the detention centre while remaining in immigration detention must be immediately extended to include all women and children currently in detention.
Irrespective of the outcome of their claims for refugee status, while children who come to this country seeking asylum remain in this country, the Australian Government has a non-delegable duty of care to protect them. The conditions in which children are currently being detained and the lack of appropriate services for them is a national disgrace.
RCNA and the ANF urge the Inquiry to develop practical options for the protection of children who are seeking asylum, or who are a part of families seeking asylum. Such options must include their right to their liberty; their right to physical and mental health services; their right to age and culturally appropriate education; and their right to an environment conducive to their optimal social and emotional development.
Nurses, who have worked in Australia's detention centers, and who are members of RCNA and the ANF, are available to give evidence to the Inquiry if required.
Rosemary
Bryant
Executive Director
Royal College of Nursing Australia
Jill Iliffe
Federal Secretary
Australian Nursing Federation
