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Submission to the National Inquiry into Children in Immigration Detention from

Mercy Refugee Service

Submission prepared by Mercy Refugee Service Research Worker,
Thérèse B. Cerneaz, BDesign Hons (UTS), Dip Chem (RMIT), GDEd (Sec) (UTS)

The Mercy Refugee Service is part of the relief and development cross-cultural work of the Institute of Sisters of Mercy Australia. Mercy Refugee Service is entrusted to serve without discrimination the uprooted and displaced people in our world. It was established in 1983 to respond to the plight of refugees in south-east Asia. At that time volunteers were called on to provide health care, education, social welfare and counselling support to refugees in camps in Malaysia, Thailand, Hong Kong, the Philippines and in Cambodia. From then on Mercy Refugee Service has been actively supporting refugee projects worldwide. The organisation strives at all times to foster a cooperative relationship with beneficiaries both in Australia and overseas. Mercy Refugee Service in Australia assists widely in the resettlement of refugees from many places around the world.

Appendix 7 - Setting up a New Arrivals School, Puckapunyal Victoria is available by contacting childrendetention@humanrights.gov.au.

Terms of Reference Addressed:

The broad term of reference addressed is

3. The adequacy and effectiveness of the policies, agreements, laws, rules and practice governing children in immigration detention, or child asylum seekers, … with particular reference to education.'

This submission directly addresses the elaborated terms of reference in the Background Paper 6: Education.

1. National Inquiry into Children in Immigration Detention.

The terms of reference include consideration of the access to and scope and content of educational programs and how educational programs in detention compare with educational programs in Australia….

2. The right to education.

The right to education, read in conjunction with the principle of non-discrimination, requires secondary and other forms of education to be provided to all school age asylum seekers in Australia insofar as it is available to Australian children. The Convention provides that all asylum seeker children, even those who have had their applications for refugee status rejected, are entitled to similar education as other children in Australia.

3. Other relevant rights.

The non-discrimination principle requires that child asylum seekers be treated similarly to other children in Australia.

9. School curriculum.

The inquiry welcomes submissions that discuss the curricula in Australian schools in relation to that offered to child asylum seekers in detention. Submission may include discussion of such aspects as subjects, assessment, reporting and certification.

SUMMARY

The education being offered to the children detained in Australian Immigration Detention Centres appears to contravene both the convention on the Rights of the Child and the Australian State Education Acts.

The harsh living conditions and the length of time in detention can have a detrimental effect on the children's health and ability to be educated.

There are solutions to this lack of adequate education and there are many organizations and individuals who have the expertise and are willing to offer solutions.

It would appear that a change in attitude and adequate funding from the authorities that currently administer the detention centres is required.

METHODOLOGY

The information in this submission was obtained through:

The information collected from the interviews is empirical data that I have attempted to verify independently. Frequently several interviewees independent of each other provided the same information and this was taken as verification.

The interviews were carried out between 26 February 2002 and 3 April 2002 and an average interview was two hours in duration.

All of the people interviewed had personal experience with the detention centres as either current or ex-detainees, teachers, a councillor and a nurse or were qualified educators. A total of 34 people were interviewed, 13 connected to Port Hedland, three to Woomera, seven to Villawood, one to Maribyrnong and 11 educators. There was some overlap in the categories.

In general terms:

Detainees were asked about their previous education, present education, current educational facilities, curriculum and resources, the effect of their current situation on their ability to learn, problems and 'their story'.

Staff Members were asked about the current management, curriculum, resources, facilities, conditions, the effect of detainment on the children's ability to learn and for suggestions of what is needed for an adequate education of detained children.

Educators were asked about existing curriculum/curriculum guidelines, (including assessment and reporting), teaching strategies and teaching and student resources that are available and appropriate for schooling children in detention.

All names have been withheld to maintain confidentiality. Some interviewees have agreed to the release of their name if necessary and the author of this submission holds a list of all names. All care has been taken not to include identifying features where unfavourable consequences could result.

CURRENT SITUATION

There are six Immigration Detention Centres in Australia. They are at Port Hedland, Curtin and Perth in Western Australia, Woomera in South Australia, Maribyrnong in Victoria and Villawood in NSW. The following data have been collected on four of these centres, Port Hedland, Woomera, Maribyrnong and Villawood.

A number of the following educational and teaching practices appear to contravene the Convention on the Rights of the Child (CROC), (1989). [1] Australia agreed to be bound by the Convention in 1990, and the Australian States Education Acts of the four states where detention centres are situated. Each Australian State has sovereign educational powers. The Australian States and Territories use The Adelaide Declaration (1999), [2] National Goals for Schooling in the 21st Century, as the basis for curriculum development in Australian schools. Each Education State Act is interpreted by a Curriculum Authority which has the responsibility to implement that State's Act. Each of these Authorities has produced a curriculum document outlining educational requirements for schools in their state.

PORT HEDLAND

As at February 2002 there were 90 children, 78 under the age of 16. There were 33 adult women, most with children, some many. One had seven children, five girls and two boys, another five. There were eight unaccompanied male minors and these boys have been through great difficulties on their own. In many ways they are 'men' yet they are still children. They feel too old to be with the other children but are too young for the adult men.

The students are divided according to age, not level of achievement. There can be four or five different levels within a class.

There are three students from one family with intellectual disabilities. The teachers have no training to deal with such children and there are no special facilities for them. These students were not attending school.

General Conditions

The general living conditions are included in this report because they have a direct impact on the children's ability to be educated.

The camp is hot and dirty. It is a very harsh environment for detainees especially for children. There is no outside shade for the detainees, as a consequence the children play inside. There are three or four different pieces of playground equipment with no shade. The small space means even walking exercise is limited to three-minute circuits.

"Separation"

When detainees first arrive they go into "separation". They can be here for up to a year. The average length of time in "separation" is eight months. Here they are in an isolated accommodation block with two hours outside each day. In practice this can be as little as ten minutes. One person in separation had not seen the stars for seven months. There is no access to the outside world through the media i.e., TV, radio, papers, telephones. There is no music. At one stage during 2001 there were seventy people in separation. These detainees were accommodated three to four per single rooms.

The Main Compound

On leaving "separation" the detainees are placed in the main compound. While the detainees are freer in the main compound it is still a difficult lifestyle. The following are just some examples of everyday activities that negatively impact on the children:

The harsh physical, psychological and emotional environment at Port Hedland makes educating children very difficult. The evidence shows that the children can be disturbed, depressed and lethargic.

Apparent Contraventions of International and Australian Law

A number of the following educational and teaching practices appear to contravene both the Convention on the Rights of the Child (CROC), (1989) [3] and the Western Australian (WA) Curriculum Council Act (1997). [4]

The following deficiencies have been noted:

Teachers are not given a duty statement.

Teachers are appointed for six-week blocks with no cross over period or feedback between teachers. As a result there is no continuity of education.

Teachers are not accountable to anyone for what is being done in the classroom. Accordingly the teachers could be doing anything.

There is an overwhelming lack of teacher support such as a curriculum, curriculum guidelines, basic student resources, basic teaching resources, AV equipment and psychological debriefing for teachers and students. The resources that do exist demonstrate better how desperate the situation is. The students have pencils, an exercise book, a maths and spelling workbook, an old desk each when the centre is not overcrowded, sometimes erasers, coloured pencils and photocopied sheets, occasionally paints and brushes and a classroom if they are not in separation. The teachers have a white board and limited access to a photocopier. There are two computers, one of which functions.

Implications at International and Australian Law -

The above deficiencies appear to contravene Article 29.2 of the CROC … that education given in such institutions shall conform to such minimum standards as may be laid down by the state. And Key Principles 1, 3 and 4; and the Overarching Learning Outcome 3 of the WA Curriculum Council Act (1997).

Even though children can be detained for years, English studies are prioritised at the exclusion of other subjects. If other subjects and alternate communication skills are presented it is for a limited time and on an irregular basis. As a consequence children lose knowledge and skills in their own language and culture as well as falling behind in all other subjects. It is worth noting that when taught in "separation" each group receives a maximum of two hours tuition a day, and only four in the main block.

Implications at International and Australian Law -

The above deficiencies appear to contravene Articles 28.1 (a), (b), (d) and 29.1 (a), (c) of CROC. And Key Principles 3, 4 and 5; and the Overarching Learning Outcomes; 2, 3, 4, 7 and 8 of the WA Curriculum Council Act (1997)

ACM staff members have been seen to threaten children physically and with loss of rights or not gaining visas. The following is an example of punitive measures that have been employed. In 2001 a 15 year-old detainee who was misbehaving was hit with a baton by an ACM officer and then placed in isolation in K Block. He was released after the other children went on a hunger strike.

Implications at International and Australian Law -

The above deficiencies appear to contravene Article 28.2 of the CROC, and the Overarching Learning Outcome 13 of the WA Curriculum Council Act (1997)

Children have been known to miss school for weeks without action or enquiry by the Centre Management.

Implications at International and Australian Law -

The above deficiencies appear to contravene Article 28.1 (e) of the CROC and the WA Schools Education Act (1999) [5]

See Appendix 3 for detailed information on the current situation at Port Hedland and 'stories' of both current and ex-detainees.

WOOMERA

As at April 2002, eight new classrooms two computer rooms and a crèche have been completed. Each classroom has a white board and shelving. The current teachers were consulted on their requirements for the classrooms. No information could be gained on the current education being given to children or teacher and student resources present. The classrooms are all demountables in accordance with military site requirements.

General Information

The information collected on Woomera is from 2000 and 2001.

In late 2000 there were 1,400 detainees at Woomera and of these approximately 300 were women and approximately150 children. There was no education conducted at the centre at that time by ACM. A few of the detainees took on the role of English teacher once a week. For a short time in 2000 the children went to the local school in Woomera once a week. The children thought it was fantastic to see grass.

As at March 2001 there were some allocated classrooms where children sat at little tables. At this time there were between 150 and 180 children.

There was no playground equipment at July 2000. Once a week the nurses took the very young children, under six years, into the local Woomera playground. Again, the children were delighted to see grass. This arrangement stopped after the August 2000 riots. The only playground equipment at September 2000 was one slide with nothing around it and no shade so the slide was too hot to use during the summer months.

Most medical problems among children were related to depression and anxiety. Some teenage boys were bed-wetting and there was an on-going problem with self-harm by the children. A ten-year-old boy cut himself with a double razor twice. Often when parents were sick, depressed or disturbed the children would become unstable, depressed, disturbed or have difficulties in concentrating to the extent that they were often unable to attend school. "The children were really sad and got sadder."

There was no counselling room to treat detainees. The detainees were treated in the general compound and the councillor would see up to eighty patients in one day, some of these being serious attempted suicide cases.

Some action taken by ACM staff appears to cause anxiety and insecurities in the detainees. Once twenty boys were taken away from their mothers to Adelaide and the mothers did not know if they would ever see their sons again. Another time about 80 detainees including some children were 'rounded-up' with the staff refusing to say why or where they were going. They were taken to Port Hedland or Curtin. After riots or breakouts detainees were locked in rooms for hours, children would develop renal colic, rather than wet themselves, males would 'hold-on' and their penis would become grossly swollen and need medical treatment.

MARIBYRNONG

Maribyrnong is a small detention centre situated in suburban Melbourne. The conditions are crammed with a very institutional prison-like atmosphere. All facilities are housed in one long building with effectively no views to the outside world from anywhere in the camp. There are two small isolation rooms for 'mis-behaves'. Surveillance cameras are on at all times. A recent coat of paint, new curtains, and more couches for watching TV, have removed some of the previous shabbiness of the centre and slightly improved the comfort of the detainees.

The mild Melbourne climate, access to telephones and visitors and some staff who are respectful of the detainees helps to make detainment in Maribyrnong a less harsh experience than Port Hedland or Woomera. However the detainees tend to be lethargic, lack motivation and powers of concentration. "Detainment is drawing the life out of these people".

The great majority of detainees are people who have overstayed their visas while others have served prison sentences and are waiting deportation. Many of these detainees are detained for one or two weeks only before being deported. Some have children. The education of these children has not been investigated or considered in this submission.

The children who stay long term at Maribyrnong usually belong to the minority of the detainees who have been transferred from other camps such as Port Hedland and Woomera. These children or members of their family are frequently disturbed when they arrive at Maribyrnong as a result of their previous experiences in their homelands, en route to Australia or in a previous detention camp in Australia. The following story illustrates how disturbed some children are. One small child was observed to be quietly standing threading a pearl-headed pin in and out of the skin on his/her hand.

As at 1 April 2002 there were five children detained at Maribyrnong

Educational Facilities And Resources

There is one small pokey classroom inside the men's area. The old and broken desks were recently replaced with new tables and chairs. Being inside the men's area can create difficulties for some women and young girls, especially considering the mix of people detained at Maribyrnong.

There are two computers outside the classroom. These are mainly used for playing games.

There are some books in the men's area and some children's books in the family area. Most of these books have been donated.

Staff and Classes

There is one full time adult English Teacher employed by ACM who has been at the centre for the past twelve months. The primary age children attend the local Catholic School.

There seems to be no suitable provision for the education of secondary school-aged children. The local English Language School that specifically caters for New Arrival children has unsuccessfully tried to arrange with ACM to have detained children in their school.

Implications at International and Australian Law -

The above deficiency appears to contravene Articles 28.1 (b) and 29.1 (a), (c), (d) of CROC and the Victorian Curriculum and Assessment Authority Act 2000. [6]

There was a case where two children did not go to school because they apparently did not want to. Management did nothing about this situation.

Implications at International and Australian Law -

The above deficiencies appear to contravene Articles 28.1 (d) of CROC.

An Activities Officer has recently been appointed who has taken the pre-schoolers on outings to the Zoo and local library. The English teacher also spends approximately half an hour per day reading stories to the pre-schoolers.

VILLAWOOD

Villawood is regarded as one of the better detention camps in Australia by both staff and detainees. It is situated in suburban Sydney.

Conditions at Villawood are far less harsh than at Woomera or Port Hedland because of the milder climate, a reasonable amount of shade, access to visitors, access to telephones, and a less punitive staff. However those individuals coming from other camps have already experienced very harsh treatment. This, together with the ongoing searches, confiscation of property, continuing untreated mental health problems within families, lack of inspirational resources or activities, and years of living locked away from a 'normal' society, make it a disturbing environment for a child. The general living conditions have an impact on the children's ability to be educated.

There are two groups of detainees at Villawood; those that have overstayed their visas, making up 70% of the population, and those who have been transferred from other camps. Detainees are from a wide variety of backgrounds.

There is a general lethargy and many detainees are depressed. They are preoccupied with being released in the near future, or with the fear of being deported and the unthinkable consequences this could have for them. These concerns are so overwhelming that the parents have little motivation to contemplate educational initiatives and the children lack both motivation and powers of concentration.

As at 5 April 2002, there were twelve children detained at Villawood. The uncertainty in their young lives and the hash prison-like conditions of detainment are having an adverse effect on these children. Some have been in detention for two or more years, in one detention camp for some years only to be moved to another without any indication of how long they will be detained. For some children, it is six years since they left their homeland and a 'regular' education. The children are subject to head counts four times a day, searches of their belongings and confiscation of their personal property, containment and surveillance inside very high barbwire fences. There is not enough for them to do or enough resources to fully occupy and interest them. This is a disturbing educational environment for children.

Implications at International and Australian Law -

This appears to contravene Articles 28.1 (a), (b) of the CROC

Even though children can be detained for years, English studies are prioritised at the exclusion of other subjects. As a consequence children lose knowledge and skills in their own language and culture as well as falling behind in all other subjects. While they have access to computers no computer instruction is given. It is worth noting the limited hours of instruction and lack of teachers qualified to teach a full range of subjects.

Implications at International and Australian Law -

The above deficiencies appear to contravene Articles 28.1 (a), (b), (d) and 29.1 (a), (c) of the CROC and section 6.1, 6.2 and 8 of the Education Act 1990 (NSW). [7]

See Appendix 4. VILLAWOOD for more details on Villawood

CONCLUSIONS

International Law

The current education being offered to children who are being held in Australian Immigration Detention Centres appears to contravene the following sections of the United Nations Convention on the Rights of the Child (1989):

Australian Law

The mandatory requirements of each Australian State's Education Act are stated as Curriculum Outcomes and are achieved through eight learning areas. These do not appear to be fulfilled by the education currently offered to the children held in Australian Immigration Detention Centres.

Educational Deficiencies

The following deficiencies were noted in the education being carried out in the three detention centres that were investigated in detail:

    1. English, almost exclusively, is the only subject being taught.

    2. The children are not only not progressing in all subjects, except English, but they are also losing the knowledge and skills they had prior to leaving their homeland. If and when they are released from detention and attend local schools, the detained children also find they are not adequately computer literate. The limited hours of instruction and lack of teachers qualified to teach a full range of subjects would make it very difficult to adequately educate secondary students.

    3. There appears to be a complete lack of essential teacher support materials such as curriculum or curriculum guidelines. There also appears to be an almost complete lack of basic teaching resources such as AV equipment, reference texts, teaching texts, and student resources such as student texts. Not all teachers have the qualifications or experience needed to teach in detention centres.

    4. There is no accountability on the part of the teachers.

    5. The children's environment is detrimental to learning.

    6. Children can be demeaned on excursions by segregating them from and not allowing them to speak to children from other schools, who are not detainees.

    7. There is no evidence of assessment or reporting of student aptitude or progress.

Funding

ACM are not educating the children in their care, and neither they or the Department of Immigration and Multicultural Affairs (DIMA) are providing the money that is needed to adequately resource and staff the schools.

It appears that for security, financial or other reasons, ACM are not accepting the offers of help from the following organizations:

RECOMENDATIONS

The following recommendations are in order of descending choice.

Recommendation 1. Community Living

All children and their primary carers should be removed from the detention centres and given protective visas that enable them to access free of charge the New Arrivals educational programs run by the State Education Departments.

Advantage

This would remove the children from a potentially psychologically and mentally damaging environment. It would also give them access to a full education that meets the requirements of both International and Australian Laws.

Recommendation 2. Community Education

If the children are to remain in detention then they should be educated in Australian Schools near the detention centres that have New Arrivals and English as a Second Language (ESL) programs. If this should occur it is essential the ACM and DIMA personnel adopt a culture of support for the children. Suitable infrastructure would need to be available to transport the children and other issues such as spending money for lunches, equipment, text, uniform if necessary, and excursions would need to be provided for. There are schools and education departments willing to take these children. The Victorian Department of Education Western English School even offered to transport the children from Maribyrnong detention to their school each day in their own bus.

Advantage

The children would have access to an education that meets the requirements of both International and Australian Laws. The interaction between the detainees and the Australian school children would greatly assist in the assimilation of the detained children when they receive protection visas, or with international relations if they were deported.

Recommendation 3. Detention School

This option is the least preferred for the following reasons:

Requirements at Law for Detention Schooling

For this option to meet both International and Australian Law requirements the following need to be done:

    1. Multipurpose classrooms - provision of a teaching space for classes running simultaneously with the elements as listed in 'Setting up a School' [8] including areas where detainees are held in separation;

    2. A student Library/Reading Room as described in 'Setting up a School';

    3. Equipment and Resources as listed in 'Setting up a School';

    4. A permanent, stable and experienced staff with suitably diverse qualifications to teach all mandatory key- learning areas as prescribed by State Curricula;

    5. Implementation of a the State Curriculum Framework or equivalent;

    6. Provision for children who will be deported to be instructed in native language and culture.

Assistance Available for Establishing Detention Schools

Every Australian State with a detention centre has a State Education Department program designed specifically for the special needs of the type of children that are detained in the detention centres. These New Arrivals programs come complete with curriculum / curriculum guideline / curriculum outcomes / curriculum framework, and resource lists.

Western Australia Education Department [9] has an intensive language tuition program for 'New Arrivals'. Up to four terms are provided for permanent new arrivals. There is a specific resource centre that is rotated on school sites. Students spend the whole day in the centre for the first six months, then they are part time in the centre and part time in the regular school classes for the next six months. This would be available to ACM if they were willing to pay. There are bi-lingual resources and a collegiate network.

The department of Education Training and Employment, South Australia [10] has written their own submission to the National Inquiry into Children in Immigration Detention.

The Victorian Department of Education and Training, Learning and Teaching Division Office of School Education have intensive programs, and various resources such as; a Multi Media Resource Kit, "Where's English?" and a CD ROM, curriculum@work, which has documents and suggested resources for key learning area. For more information see the ESL website www.sofweb.vic.edu.au/lem

The ESL Project Officers at Language and Multicultural Education Resource Centre, in Carlton Victoria, have produced an ESL Resource Kit [11] and a list of requirements needed to set up the School at Puckapunyal, Victoria, to cater for the Kosavo Refugees. [12]

The Western English Language School [13] provides education for New Arrivals. They had verbally arranged to have the children from the Maribyrnong Detention Centre and they do not know why but they just did not come. They are more than willing to accept them. They have sent educational resource material to the centre.

The primary school aged children are attending the local Catholic Primary School.

The department of Education Training and Employment, NSW [14] has written its own submission to the National Inquiry into Children in Immigration Detention.

Recommendation 4 Children not in Detention who are Excluded from Services

Remove the existing injustice in the eligibility criteria for access to appropriate education, between children with permanent protection visas and those with temporary protection visas. At present in WA the children with permanent protection visas have free access to 4 terms of New Arrivals programs whereas those on temporary visas have no free access. All children on Temporary Protection Visas have limited access to services.

APPENDIX 1

THE UN CONVENTION ON THE RIGHTS OF THE CHILD

Article 28

1. States Parties recognize the right of the child to education, and with a view to achieving this right progressively and on the basis of equal opportunity, they shall, in particular:

(a) Make primary education compulsory and available free to all;

(b) Encourage the development of different forms of secondary education, including general and vocational education, make them available and accessible to every child, and take appropriate measures such as the introduction of free education and offering financial assistance in case of need;

(c) Make higher education accessible to all on the basis of capacity by every appropriate means;

(d) Make educational and vocational information and guidance available and accessible to all children;

(e) Take measures to encourage regular attendance at schools and the reduction of drop-out rates.

2. States Parties shall take all appropriate measures to ensure that school discipline is administered in a manner consistent with the child's human dignity and in conformity with the present Convention.

3. States Parties shall promote and encourage international cooperation in matters relating to education, in particular with a view to contributing to the elimination of ignorance and illiteracy throughout the world and facilitating access to scientific and technical knowledge and modern teaching methods. In this regard, particular account shall be taken of the needs of developing countries.

Article 29 General comment on its implementation

1. States Parties agree that the education of the child shall be directed to:

(a) The development of the child's personality, talents and mental and physical abilities to their fullest potential;

(b) The development of respect for human rights and fundamental freedoms, and for the principles enshrined in the Charter of the United Nations;

(c) The development of respect for the child's parents, his or her own cultural identity, language and values, for the national values of the country in which the child is living, the country from which he or she may originate, and for civilizations different from his or her own;

(d) 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;

(e) The development of respect for the natural environment.

2. No part of the present article or article 28 shall be construed so as to interfere with the liberty of individuals and bodies to establish and direct educational institutions, subject always to the observance of the principle set forth in paragraph 1 of the present article and to the requirements that the education given in such institutions shall conform to such minimum standards as may be laid down by the State.

APPENDIX 2

WESTERN AUSTRALIAN CURRICULUM ACT (1997)

In Western Australia the Curriculum Council is the body responsible for implementing the Education act. The Curriculum Council was established under the Curriculum Council Act (1997).

The Curriculum Council has provided a Curriculum Framework for kindergarten to year 12 schooling.

EXTRACTS FROM THE CURRICULUM FRAMEWORK:

The Curriculum Framework is an inclusive framework for all students in Western Australia. Inclusivity means ensuring that all groups of students are included and valued. The Framework sets out a series of outcomes agreed to be essential for all students to achieve. The agreed outcomes form a common core of achievement

These learning outcomes comprise the mandatory element of the Curriculum Framework which all schools in Western Australia must either implement or obtain an exemption from doing so from the Minister for Education. In addition, there are reporting requirements as agreed between the Council and the governing bodies of systems, sectors and schools.

In accordance with the Curriculum Council Act, 1997, the Curriculum Framework sets out "...the knowledge, understandings, skills, values and attitudes that students are expected to acquire" (Section 4(b)). The Curriculum Framework describes these requirements as a series of learning outcomes set out in the Overarching and eight Learning Area Statements.

The Overarching Statement

This Overarching Statement outlines seven key principles which underpin the Curriculum Framework and describes the Overarching learning outcomes to which all learning areas contribute. It describes learning and assessment strategies that are consistent with the Curriculum Framework and which promote achievement of the outcomes.

Seven Key Principles:

    1. An encompassing view of curriculum. …It encompasses the learning environment, teaching methods, the resources provided for learning, the system of assessment, the school ethos and the ways in which students and staff behave towards one another. All of these provide experience from which the students learn. ….

    2. An explicit acknowledgement of core values. …Social and civic responsibility, resulting in a commitment to exploring and promoting the common good; meeting individual needs in ways which do not infringe the rights of others; participating in democratic process; social justice and cultural diversity;…..

    3. Inclusivity. The Curriculum Framework is for all WA schools. Inclusivity means providing all groups of students, irrespective of educational setting, with access to a wide and empowering range of knowledge, skills and values. It means recognising and accommodating the different starting points, learning rates and previous experiences of individual students.

    4. Flexibility. …In particular it must encourage effective use of new technologies as tools of learning. …

    5. Integration, breadth and balance. …all students need a broad grasp of the various fields of knowledge and endeavour. …

    6. A developmental approach. Students develop and learn at different rates and in different ways, constructing new knowledge and understanding in ways which link with their learning to previous experiences. …it provides students and their parents with a clear sense of the direction of students learning, and through appropriate assessment and reporting procedures, of how students are progressing.

    7. Collaboration and partnership

Overarching Learning Outcomes

    1. Students use language to understand, develop and communicate ideas and information and interact with others.

    2. Students select, integrate and apply numerical and spatial concepts and techniques.

    3. Students recognise when and what information is needed, locate and obtain it from a range of sources and evaluate, use and share it with others.

    4. Students select, use and adapt technologies.

    5. Students describe and reason about patterns, structures and relationships in order to understand, interpret, justify and make predictions.

    6. Students visualise consequences, think laterally, recognise opportunity and potential and are prepared to test options.

    7. Students understand and appreciate the physical, biological and technological world and have the knowledge and skills to make decisions in relation to it.

    8. Students understand their cultural, geographic and historical contexts and have the knowledge, skills and values necessary for active participation in life in Australia.

    9. Students interact with people and cultures other than their own and are equipped to contribute to the global community.

    10. Students participate in creative activity of their own and understand and engage with the artistic, cultural and intellectual work of others.

    11. Students value and implement practices that promote personal growth and well-being.

    12. Students are self-motivated and confident in their approach to learning and are able to work individually and collaboratively.

    13. Student recognise that everyone has the right to feel valued and be safe, and, in this regard, understand their rights and obligations and behave responsibly.

The Learning Area Statements

Learning areas individually and collectively contribute to the achievement of the Overarching learning outcomes. Learning Area Statements are provided for The Arts; English; Health and Physical Education; Languages Other Than English; Mathematics; Science; Society and Environment; and Technology and Enterprise. These areas are a useful way of categorising the knowledge, skills and values essential for the education of students in Western Australia. They provide a structure for defining learning outcomes, for providing breadth and balance in students' education and for ensuring attention is given to specific disciplines.

The learning areas are consistent with those endorsed by the Australian Education Council as the basis for curriculum development in Australian schools and which almost all Australian States and Territories use. Adoption of these eight learning areas for the Curriculum Framework is in the interests of students who move between jurisdictions and reflects a spirit of cooperation among educators from all Australian States and Territories.

Learning Areas

APPENDIX 3

PORT HEDLAND

CURRENT SITUATION

Facilities

Teaching in "Separation"

No classrooms.

One teacher who taught detainees in separation for two months in 2001, taught in the two common rooms. In one the window was used for a board, in the other a sheet of plastic stuck to the wall. There was no white or black board.

There is no interpreter in separation.

Timetable -

  • 9.00 am -10.30 am. 12 children between five and fifteen years.
  • 11.00 am - 1.00 pm. Young men aged over seventeen with other men up to forty years of age.
  • 1.00 pm - 2.30pm. Three to four unaccompanied male youths. This class only lasted for a few months.
  • 2.30pm - 4.00pm. Young adult men aged between twenty and thirty-eight.

English was the only subject taught. It is very hard to teach in isolation. Most of the detainees have no English and there is no interpreter.

Teaching in the Main Compound

Once detainees have been through the initial process, they are released into the main compound and able to attend the 'school'.

There are four classrooms. There can be over 26 students in a classroom that comfortably accommodates 15 students. The desks are very old. The chairs have to be stacked for some children to reach the desk. There are grills on the windows and the electric light is on at all times. One teacher found this disconcerting, a form of torture.

The Port Hedland Primary School is directly opposite the detention centre. The school facilities have been offered for the use of the detainees. Children from the centre joined the local school once.

Resources

    1. No textbooks. In late March 2002, a diary and individual maths and spelling workbooks, but no accompanying text, were provided for each student. The maths books were for two different levels only.

    2. No photocopier since October 2001 when it broke down. Despite several requests by the teachers no replacement photocopier has been provided. All photocopying is done in the management block, access is difficult and it can take as long as a week to get copying done.

    3. There is no library. However there is a bookshelf of old material donated by the local Catholic School and some literacy books.

    4. Pencils and exercise books are provided, sometimes coloured pencils and erasers.

    5. A whiteboard in each classroom, but often no markers. The teachers often buy their own markers as it takes too long to get replacements through the official channels.

    6. Two computers with Windows 97 and 95, only one working. No educational programs except typing. Computers can only be used after 2.30 pm. There is no internet access.

Problems

The teacher is virtually the only resource, an impossible burden considering the mix and type of student. No psychological or debriefing support is provided.

Employment Conditions

Teachers are employed by an educational consultant.

ACM Teachers are appointed for six-week blocks with the option of a three-week extension. There is no overlapping of teachers or handover period. Teachers can be re-employed for more blocks.

An example of one teacher's employment record:

Salary. $27/hour. The consulting firm that provides the teacher receives $38/hour/teacher.
No teacher job description or contract given.
The only document signed was a confidentiality agreement.

Teachers are watched all the time by the ACM staff. Friendliness with the detainees is definitely not permitted. Once the teachers leave the facility they are not permitted to phone detainees still in detention. If they do so, this is grounds for dismissal if they are re-employed.

The Programs Officer is responsible for the School.

Staff at March 2002:

    1. Two teachers employed by ACM. One of these teachers teaches adult men as well as children. Hours 7.00 am-3.30pm, not all face to face teaching. English is their language of instruction. When one teacher left, an unqualified program officer 'taught' the pre-school and secondary school children in the one class.

    2. A voluntary teacher teaches English to adult women for two hours in the morning and supervises sewing for two hours in the afternoon.

    3. Detainees act as interpreters, two in each class. English into Persian (Farsi), Farsi into Arabic.

    4. These interpreters work the same hours as the teachers and get paid $1 per hour.

    5. Detainees take pre-school for three contact hours per day at $1 per hour.

    6. Voluntary music teachers from the local community have been admitted since February 2002.

Problem

No continuity for students. It usually takes a teacher a few weeks to familiarise themselves with the teaching conditions, the students, development levels, abilities etc. of the students. This leaves too short a time to achieve outcomes. For teachers that are not working out six weeks could be a long time, for others it is frustrating.

Some students will have six or seven teachers with no hand-over period and repetition of material. Students lose motivation, become bored, their advancement delayed.

Curriculum

    1. No curriculum or programs provided for the teachers. ACM declined when asked for time allocation and group collaboration to write programs and discuss strategies.

    2. ACM makes it clear that English is the priority.

    3. What is done in the class is completely at the discretion of the teacher. There is no check by any authority as to what material is being covered in the classroom or what strategies are being used. It is totally up to the teacher. "This is horrendous because what is done with the students totally depends on the quality of the teacher. The teacher could be creative or terrible."

    4. Currently English is the priority. Very little else is done: a little Maths, Australian History, World Geography and Arts and Craft.

    5. Nothing is addressed in relation to the students' own culture.

    6. No sport or organised outdoor activities.

    7. Excursions. These are frowned on by ACM because of the costs involved, such as a security officer or bus. There was only one excursion between August 2001 and November 2001. One excursion only since Christmas 2002, to the local swimming pool.

Problems

"The burden for teachers without curriculum support, guidance or supervising support is very heavy."

"Students are forgetting what they knew, and falling further and further behind in all subjects except English."

"When teachers organise parties/excursions the children are so happy. Their miserable life is transformed for an hour or so. ACM officials take photos for propaganda purposes. These 'happy' photos are sent to Canberra."

Evaluation / Assessment

No assessment of students on arrival or prior to release or deportation.

No continuous assessment.

Recently, for the purpose of continuity, two teachers tried to assess the students and keep a record of what had been taught. Assessment of students was very difficult with out photocopying facilities or textbooks. ACM Management are no concerned with the lack of evaluation.

No assessment of disabled students' disabilities.

RECOMMENDATIONS

There should be:

    1. Both primary ESL teachers and secondary teachers qualified to teach all subjects.

    2. A curriculum used and programs written by a team and teachers given time allocation to prepare programs.

    3. Support for teachers, eg debriefing.

    4. Teacher resources.

    5. Text and activity books for the students. "The children own nothing. They could work from a book, take care of it and take it with them when they leave."

    6. A reporting system with a file on each student. This file should include initial assessment, ongoing assessment and an exit report for future schools. This should be part of the teacher's job description and contract.
      7. Adequate notification for teachers when detainees are being released to allow student reports, exercise books etc., to be prepared.
      8. Communication between centres and management to facilitate the implementation of initiatives.
      9. Bilingual resources.

FAMILY STORIES

Mothers and fathers with both secondary and primary aged children.

The average length of detainment in Port Hedland was 18 months. Previous education: started school at six and a half or seven years. Five years of primary and between one and three years of high school. Their curriculum included such subjects as Maths, Science, History, Geography.

One mother worked as an interpreter in the school, another cleaned toilets.

Education.

The children had many teachers in the eighteen months period.

English only. One teacher did a little Maths.

Classes 9.00 am - 12.00 pm with a morning recess break, and 1.00 pm - 3.00 pm.

No textbooks, only photocopies, no stationary.

Two interpreters (detainees) in each class. English - Persian (Farsi) and then Persian to Arabic.

No homework.

No assessment.

Two computers, one functioning.

No educational programs, except typing.

No computer instruction.

The children felt it was a good idea to be instructed in English, but the interpreters did not because they did not bother to think or answer in English when they could do it in their first language.

They found school boring and lacking purpose, suggesting a greater variety of subjects and continuous assessment would help.

Both parents and children were worried that so much knowledge had been lost.

Those who are now in regular schools find they are significantly delayed for their age. They are finding a lack of computer skills a difficulty at their present school. They are very happy in their new school and keen to achieve and progress.

Parent's View

The parents said it was hard for the children to have their mind on education under the conditions in which they were being detained. It was not the length of detention as much as the inhumane way they were treated that caused the difficulties.

"ACM is the main problem, even the length of time would not be a problem if they left us alone."

"If they would just leave us in peace we could get on with being in detention and serve the time with dignity."

"There are so many wrong things happening around us as well as personal family problems."

"How (can) you expect to help kids, to guide them in such [conditions] and be a normal person when I get out of here"

"The children do not have a 'job' to do. They are just filling in time."

"You cannot call it education. It is just a way to spend a day and keep busy."

The parents went to two ACM officers and talked through the whole situation including their personal marriage problems. The officers admitted knowing their conditions and educational problems, but insisted that they were not able to change anything.

Mothers attempted suicide, resulting in forced isolation from the children which had an effect on children's ability to learn.

Theft of a baton by a detainee, and the holding of family in rooms for hours without moving or being permitted to go to the toilet unsupervised. Children were bribed in an attempt to recover the baton. Personal belongings, even women's underwear, were searched. ACM knew the use of the baton was illegal. The detainees gave the baton to a member of parliament to show what instruments were being used on them. They do not know if anything has come of it.

A knife made from a shaving razor for preparing food was confiscated, and the detainee was humiliated.

K Block has only a bed, mattress, and constant camera surveillance.

Panadol is the only medication given for all medical conditions

The detainees feel that the "System" is trying to create a distance between the detainees and the Australian public.

They have a concern that Mr. Philip Ruddock is portraying them as criminals, as bad people.

A 15-year-old boy was placed in K-Block and children went on a hunger strike to have him released.

These stories were given as examples to illustrate the impact of detention on the children.

APPENDIX 4

VILLAWOOD

CURRENT SITUATION

Educational Facilities

Classrooms:

Resources

There are seven computers, with windows and games such as solitaire and free cell. No computer instructions are given to students.

No information was obtained on classroom or teacher resources.

Teaching Staff

Two Teachers:

There have been unsuccessful requests for high school teachers of other subjects, such as Maths/Science and Art teachers.

Students and Timetable

As at 5 April 2002 there were 12 children:

Classes:

Adult Teacher. Four days per week

Timetable for each day;

It takes approximately half an hour for the teacher to go between Stages 1 and 2 and approximately 15 minutes between Stages 2 and 3.

Problems:

APPENDIX 5

THE EDUCATION ACT (1990) (NSW)

The Board of Studies (BOS) New South Wales, Australia is the authority that interprets and implements the Education Act.

The K-10 Curriculum Framework (2002) and syllabuses can be found at www.boardofstudies.nsw.edu.au

The Board of Studies New South Wales, Australia

The following extracts from the BOS document, lists the relevant sections of the Education Act 1990 (NSW). From; http://www.boardofstudies.nsw.edu.au/surveys/k10-frame-wb.html

6. Curriculum requirements

The Education Act 1990 (NSW) establishes minimum curriculum requirements for students attending New South Wales schools, and empowers the Board of Studies to establish guidelines for courses of study. In addition, the Act and the Board of Studies establish further requirements for the award of the School Certificate.

School systems may prescribe additional requirements beyond these.

6.1. Minimum Curriculum Requirements for Years K - 6

The Education Act prescribes the following minimum requirements for the Years K - 6 school curriculum:

Proposition 1: The current Education Act requirements for the minimum Years K - 6 curriculum should be maintained.

6.2 Minimum Curriculum Requirements for Years 7 - 10

The Education Act prescribes the following minimum requirements for the 7 - 10 school curriculum:

Proposition 2: The current Education Act requirements for the minimum Years 7 - 10 curriculum should be maintained.

Design and Technology, with at least 50 hours devoted to learning about and using computers

……...

8. Specification of when subjects need to be studied

The Education Act requires that English, Mathematics, Science and Human Society and Its Environment must be studied in each of Years 7 to 10.

The Board requires that PDHPE should be studied during each of Years 7 to 10, History and Geography in Stage 4 and Australian History and Australian Geography in Stage 5. The Board also provides advice on when Visual Arts, Music and Languages should be studied.

……..

9. Indicative hours

10. Monitoring and reporting student achievement

School authorities and schools establish requirements and procedures for reporting student achievement to students, parents and to other teachers.

To give schools the tools they need to report to their communities in consistent ways, the standards framework will assist with the communication of information about student achievement at the Year 6 / Year 7 and the Year 10 / Year 11 transition points. While the content standards described in syllabuses provide focus and direction for teaching and learning, performance standards communicate the standards to which students, teachers, schools and school systems must aspire, and they provide a common language for reporting.

The Board's standards framework will provide graded descriptions of the standards to be achieved at the end of each stage in the form of stage statements written in three to five levels, or in the form of performance descriptions in Stage 5. These statements will represent a snapshot of various levels of student performance as they demonstrate outcomes in integrated and holistic ways.

Advice in syllabuses will concentrate assessment and recording at least at the strand level in order to discourage fragmentary or atomised learning.

The Board's syllabuses and support materials will provide a common language of assessment and reporting so that schools within and across systems can assign a common meaning and understanding to terms in the curriculum. This common language will be accessible to students and parents.

APPENDIX 6

ESL RESOURCE KIT.

This ESL Resource Kit is a small collection of the type of resources housed at the Language and Multicultural Education Resource Centre (LMERC), 150 Palmerston St. Carlton.

The Kit includes some of the materials which ESL teachers in primary and secondary schools and language centres find useful with their newly arrived students. It is suggested that teachers start with Beginning ESL: support material for primary new arrivals. This book contains useful suggestions and makes direct links with the set of books and resources in the kit. Though the focus of the book is on primary students, secondary teachers should find the book adaptable for secondary new arrivals.

The loan period for the kit is 4 weeks for schools in the metropolitan areas and six weeks for schools in the country areas. Your school is responsible for returning the kit to the centre by the due date. Please check contents of the kit before returning. For an extension or further enquires regarding the kit please contact:

Chris Finch
or
Pam Luizzi

ESL Project Officers
Language and Multicultural Education Resource Centre
150 Palmerston Street, Carlton, 3053
Tel 9349 2400
Fax 9349 1295

Items included in the Kit are marked with a tick. (
The "Items Returned" column is provided to help you to tick off items
when you return them to LMERC.

Appendix 7

Appendix 7 - Setting up a New Arrivals School, Puckapunyal Victoria is available by contacting childrendetention@humanrights.gov.au.

1. Appendix 1. The Convention on the Rights of the Child. Article 28 and Article 29 General comment on its implementation

2. see www.curriculum.edu.au/mceetya/adeldec.htm

3. Appendix 1. The Convention on the Rights of the Child. Article 28 and Article 29 General comment on its implementation

4. Appendix 2 WA Curriculum Council Act (1997) and extracts from the Curriculum Framework.

5. WA Schools Education Act (1999) www.edreview.wa.gov.au

6. http://www.dms.dpc.vic.gov.au

7. Appendix 5. The Education Act 1999 (NSW) and K-10 Curriculum Framework (2002)

8. See Appendix 6. Setting up a School. Puckapunyal, Victoria.

9. WA Department of Education, Curriculum Department, Telephone 08 92644111.

10. Department of Education Training and Employment, SA, telephone 08 8226250.

11. See Appendix 6. The Language and Multicultural Education Resource Centre ESL Resource Kit.

12. See Appendix 7. Setting up a School. Puckapunyal, Victoria.

13. The Western English Language School is at 46 South Road Braybrook Victoria 3019. Telephone 03 93119325.

14. Department of Education Training and Employment, NSW telephone 02 95651800

Last Updated 9 January 2003.