Recommendation 261

It remains the Australian Government's position that children should not be held in immigration detention centres where possible, but should be accommodated in alternative places of detention or in the community under a residence determination.Unaccompanied minors should be routinely placed in the community under Residence Determination arrangements. Based on individual circumstances, families with children and other vulnerable people may be placed in the community under Residence Determination arrangements or may reside lawfully in the community, depending on the level of support required. The Australian Government will continue to develop and enhance its policies and procedures to support the protection of children in immigration pathways, promote their welfare, and treat their best interests as a primary consideration.

In October 2016, the Department of Home Affairs released its Child Safeguarding Framework, which is the blueprint for how the Department of Home Affairs continues to build and strengthen its policies, processes and systems to protect children in the delivery of all relevant departmental programmes and to maintain a child's wellbeing to assist them to meet age appropriate milestones. The framework is designed to be applied flexibly across relevant departmental programmes and services and procedural frameworks.

The Australian Government takes the care and wellbeing of vulnerable people in immigration detention seriously. Some detainees may be more vulnerable than others such as people who are frail, elderly, people who have complex health needs including mental health or where they have a history of torture, trauma or have been subject to people trafficking or domestic or family violence.

People in immigration detention are accommodated in facilities most appropriate to their risk, circumstances and needs. Any detainee who discloses a history of torture and/or trauma is offered referral to specialist torture and trauma counselling.