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Detention Services Manual - Chapter 8 Safety & security Supervision and engagement of high-risk detainees in
immigration detention
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Related policies and procedures

PAM3: Detention Services Manual (DSM):

Chapter 2 Client Placement;

Chapter 2 Minors in immigration detention;

Chapter 3 Reception and induction;

Chapter 5 Programs and Activities;

Chapter 6 Detention Health Mental Health Screening;
Chapter 6 Detention Health Psychological Support Program (PSP);
Chapter 8 Safety and Security Transfers of persons within immigration detention;
Chapter 8 Safety and security Use of reasonable force in immigration detention.
Chapter 8 Safety and security Incident management and reporting
PAM3: Compliance and Case Resolution - Case resolution:
Case Management Handbook.
Detention Operational Procedures:
Incident management and response;
Handover to law enforcement; and
Work Health and Safety Compliance and Comcare reporting requirements.
DIAC Risk Management Framework (Page4 Objectives):
dimanet.immi.gov.au/__data/assets/pdf_file/0009/37872/risk-mgmt-framework.pdf

Purpose

This is a principles based policy providing guidance on, and emphasising, the use of closer
supervision and engagement for high-risk detainees to the greatest extent possible. Relocating
high-risk detainees to separate them from the general population in an IDF should only be
used as a last resort and for the shortest practicable time.
This policy does not apply to detainees receiving support through the Psychological Support
Program, or to detainees separated for medical health reasons. However, all high-risk
detainees will be reviewed by the Health Services Manager (HSM) who will contribute to
their management. See PAM3: DSM Chapter 6 Detention health Psychological support
program
This policy does not prescribe the use of specific infrastructure to accommodate high-risk
detainees. However, whilst operational procedures related to this policy will allow for
consideration of local operational requirements, they must also be consistent with the guiding
principles within this policy (Section 5).

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Legislative framework

3.1 Migration Act 1958

The behaviour of a person in immigration detention may have an impact on the resolution of
their status. If convicted of an offence while in immigration detention, a person may fail the
character test under s501(6aa)(i) of the Migration Act (the Act). Failing this test may form the
basis to refuse the person a visa.
3.2 Duty of care
The department and its service providers owe a duty of care to detainees arising from the law
of negligence, imposing obligations to exercise reasonable care to prevent a person from
suffering reasonably foreseeable harm. See PAM3: DSM Chapter 1 Legislation and
principles overview Duty of care to persons in immigration detention.
The department and service providers have specific duties under the Work Health and Safety
Act 2011, including to ensure, as far as reasonably practicable, the health and safety of
detainees, workers and other persons at an immigration detention facility. See PAM3: DSM
Chapter 1 Legislative and principles overview Service delivery values.
There is also an expectation that detainees will take responsibility for their own safety, by
complying with the directions and guidance provided by the department and its service
providers.

Definitions

4.1 Centre Manager

For the purpose of consistency in the use of terminology, when the term Centre Manager is
used within this policy it refers to the most senior departmental officer in charge of the
immigration detention facility.
4.2 Closer Supervision and engagement
Closer supervision and engagement is a more closely controlled and intensive approach
towards the management of high-risk detainees. It is applied while maintaining the respect for
and dignity of the detainee within a safe and secure environment.
4.3 High-care accommodation
High-care accommodation refers to an environment where this higher degree of supervision
and engagement of the detainee can be maintained. This may include the transfer of detainees
to facilities with high-care accommodation when the capability of a facility to manage a
detainee within the general detention population is exceeded.
Placing a detainee in high-care accommodation will regulate their movement within the
facility and their access to activities or services. At all times high-care accommodation is to
be used in the best interests of a detainee and for the safety of others and for the shortest
practicable time.
4.4 High-risk detainees
High-risk detainees are those who:

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pose a significant risk to the good order and security of an immigration detention facility
(IDF) and the safety of people within the facility; or

are vulnerable and

-

for whom relocation from the general detainee population has been recommended
pending their transfer to a state/territory mental health facility (as part of a mental
health plan) or pending their transfer to a correctional facility; or

seek to be separated on a short term basis for respite from other detainees or for time
out.

4.5 Self-agency
Self-agency is the self-awareness of being able to initiate, execute and control ones own
actions and is tightly linked to the sense of ownership. In the context of a detainee, selfagency includes the ability to manage emotions, to understand and acknowledge the reason
for being in immigration detention, to understand the consequences of certain behaviours and
the impact those behaviours may have on themself and others. Self-agency is furthered by
including detainees in decision-making processes affecting their placements in immigration
detention.

Guiding principles

Principle 1.

Collaborative team work the use of a collaborative team-based approach

between the department and service providers to enhance the management,
care and experience of high-risk detainees requiring closer supervision and
engagement.

Principle 2.

Clear provision of information effective communication between the

department, service providers and detainees as an integral component of the
planning and implementation of the supervision and engagement process.

Principle 3.

Promotion of self-agency - Supervision and engagement will provide

opportunities for persons in immigration detention to maintain a level of selfagency, offer opportunities to participate and ultimately to reintegrate with the
general detention population.

Principle 4.

Positive and supportive response - Closer supervision and engagement is not

punitive. It is to be used to support high-risk detainees; until they no longer
pose a significant risk to the good order of the facility, to themselves or to
others in the facility; or to prevent the contagion of negative behaviour by
high-risk detainees through peer influence.

Principle 5.

Planning based on individual assessment - Detainees should only be subject

to closer supervision and engagement as necessary to ensure their safety or
that of others in the IDF. Planning is to contain clearly defined and reviewable
milestones based on individual assessment. Planning should identify the type
and level of care required, including the frequency of checks undertaken on
individuals to ensure they are safe and well. However, this care should not
increase the risks of psychological harm or behavioural change through
excessive or continuous monitoring.

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Principle 6.

Flexible application of this policy - Application of the policy should meet the
operational, legal and administrative requirements of the department and its
service providers, while supporting the needs of the detainee being supervised
and of other persons within the facility. In applying this policy, officers will be
mindful of the different objectives in using closer supervision and engagement
of high-risk clients who are vulnerable, as compared to high-risk clients who
pose a risk to the security and good order of the facility.

Principle 7.

Medical and mental health support - As a component of the collaborative

partnership approach between the department, HSM and the DSP in the
management of high-risk detainees requiring closer supervision and
engagement, the provision of medical and mental health support will be
assessed, detailed and incorporated into the appropriate management planning
for the detainee.

Principle 8.

Relocation to high-care accommodation as a last resort Relocation of

detainees to high-care accommodation, separating them from the general
population, should only be used as a last resort and when other strategies to
manage their behaviour and the risk they pose have not succeeded. The aim is
to safely reintegrate the detainee to the main detention population of the IDF.

Principle 9.

Minimising restrictions Based on risk assessment, a detainees placement

in high-care accommodation should be as free of restrictions as is safe and
practicable.

Principle 10. External referral the transfer of a detainee who poses a significant risk to
the good order and security of a facility, such that their presence exceeds the
capability of the facility to manage them.
Principle 11. Minors are detained only as a last resort, for the shortest practicable time
and in the least restrictive form appropriate to a minor's circumstances. Where
a minor is accompanied, the minors family unit, where possible and
appropriate, must be maintained.
6

Applying closer supervision and engagement

6.1 Use of collaborative planning and management

Departmental, DSP and HSM personnel are to use a collaborative approach for the
assessment and planning toward the implementation of closer supervision and engagement
for the management of high-risk detainees. Using this collaborative approach, stakeholders
should consider the detainees current requirements/needs, incorporate these needs into their
planning, and address issues on a prioritised, systematic basis.
This consultative approach will continue throughout the period that closer supervision and
engagement is applied, with regular meetings between all parties to gauge the detainees
progress against established milestones, to reassess and, if required, revise planning.
In addition, the detainee involved is to be kept up-to-date and informed of all decisions by the
consultation team. The detainee should also be advised of, and have full access to, complaints
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mechanisms. See DSM - Chapter 2 - Client placement - Immigration detention centres Services - Complaints management
6.2 Assessing detainees prior to providing closer supervision and engagement
Unless circumstances require an emergency or immediate response, the decision to
implement closer supervision and engagement to manage high-risk detainees should be based
on an assessment of the detainee conducted to ensure planning is in line with the guiding
principles of this policy. Assessment will include the determination of:
the level and type of risks posed by the detainee;
the detainees history of compliance whilst in detention;
the detainees identified vulnerabilities; and
support and services which will assist the detainee.
6.3 Planning
Using the assessment of the detainee, management planning will emphasise:
constructive interaction with the detainee;
provision of the identified support and services required by the detainee;
allowing for appropriate emotional outlets by detainees; and
promotion and support of self-agency.
Dependent on the level of risk and the urgency, high-risk detainees should be included in the
consultation process during the development of their management plan. The aim of this
approach is to gain their co-operation, for them to have a voice during the planning, and to
ensure they understand the:
reasons and purpose for their management plan;
milestones they need to achieve under the plan;
consequences of not achieving their milestones;
intended outcomes of the plan; and
complaint mechanisms available to them.
Detainees managed under this policy are to have normal access to health care facilities and
programs and activities targeted to their needs, unless access to these services interferes with
the nature of the high-care accommodation.
6.4 Implementation
Implementation should incorporate the promotion and support of self-agency by detainees to:
motivate and prepare for reintegration to the main detention population as soon as
practicable,
encourage positive changes in attitude and behaviour; and
address the risks they pose.
6.5 Detainees who pose a significant risk.
Managing detainees who pose a significant risk to others in the IDF, or to property, requires a
clear and transparent approach. Implementation of closer supervision and engagement for
these detainees should include:
explanation of the reason/s for the use of closer supervision and engagement;
explanation of the consequences of the detainees high-risk behaviours or actions;

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explanation of what action will be taken and how their actions or behaviour may affect
their status resolution;
limiting or restricting the detainees access to other detainees and using this access as an
incentive for the detainee to meet planned milestones;
and;
consideration of relocation to high-care accommodation.

6.6 Review
Continuing with the collaborative team-based approach in managing high-risk detainees, the
review of each case should use established departmental, HSM and DSP planning
requirements.

High-care accommodation placements

7.1 Authorisation
Dependent on the level of high-care placement required, approval is required from the DIAC
Regional Manager or DIAC Centre Manager for an initial placement period of up to 24 hours.
Placements requiring greater than 24 hours must be escalated to the First Assistant Secretary,
Status Resolution Services, National Office for approval (see 7.6 Review of detainees placed
in high-care accommodation [LINK]).
In urgent cases, where it is necessary to move high-risk detainees into high-care
accommodation on an unplanned basis, the DSP will advise the department as soon as
practicable and follow up this advice with a detailed report.
7.2 Placing detainees in high-care accommodation
High-care accommodation is to be only used as a last resort and on a short-term basis, when
other intervention methods have been unsuccessful or assessed as unsuitable. Including closer
supervision and engagement, when used for a detainee located within the general detention
population.
Placement in high-care accommodation will depend on:
advice from a qualified medical professional;
the assessed level of risk posed by the detainee;
the limitations required on their movements (e.g. access to other detainees, activities and
non-essential services); and
the availability of suitable accommodation.
Placement in high-care accommodation may take place when a high-risk detainee:
exhibits violent and/or unlawful behaviour and repeatedly refuses an order or direction to
cease such behaviour;
is pending transfer to state/territory mental health facility; or
seeks relocation to high-care accommodation and is assessed as requiring temporary
respite.
Moving a detainee to high-care accommodation will include:

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the establishment of a clear plan for the detainees future exit from high-care
accommodation in consultation with the department, HSM, the DSP and the detainee as
soon as practicable;
the detainee being made aware of the reasons for their relocation, in a language they
understand;
observation of all duty of care obligations relating to all people involved in the relocation
process;
where use of force is required, the video recording of planned relocations, and if
operationally practicable, videoing of unplanned relocations;
the use of monitoring protocols to ensure the management of the safety and wellbeing of
the detainee while in high-care accommodation;
avoidance of isolation in all but the most extreme cases, as isolation may be perceived by
detainees as an automatic consequence of disclosing emotions and may discourage honest
communication in future, or lead to further disruptive behaviour.
For further details see:
DSM Chapter 2 Legislative and principles overview - Audio visual recording; and
DSM Chapter 8 Safety and security - Reasonable use of force.
7.3 Health considerations
Health considerations are to take precedence over behaviour management requirements to
ensure physical and mental health issues are dealt with as a matter of priority and appropriate
urgency. The three key risks to a detainees physical and mental health, which are to be
subject to ongoing review while in high-care accommodation, are:
pre-existing health conditions;
the actions of the detainee prior to relocation to high-care accommodation; and
the location of the accommodation used.
7.4 Placing detainees in high-care accommodation pending their external referral
Detainees diagnosed as having a serious mental or psychological health condition or assessed
as posing a significant risk to the good order and security of the facility, may be placed in
high-care accommodation, withdrawing them from the remaining detainee population
pending their transfer to a state/territory mental health or correctional facility. Placement in
high-care accommodation will only be implemented following an assessment of the detainee
by the DSP and HSM and on approval by DIAC (see 7.1 Authorisation[LINK]).
7.5 Detainees seeking relocation to high-care accommodation
A detainee may seek to be placed in high-care accommodation, separating them from the
main detention population. However, high-care placement should only be made available on
approval by DIAC (see 7.1 Authorisation[LINK]) following an assessment by the DIAC,
DSP and HSM of:
the detainees wellbeing and level of care required;
availability of suitable accommodation; and
consideration of associated operational priorities.
If relocation is found to be appropriate and approval is given, it is to be utilised only on a
short-term basis.

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7.6 Review of detainees placed in high-care accommodation

All parties should work together to move a detainee from high-care accommodation as soon
as practicable. Detainees should not remain in this level of care for more than 24 hours
without review. Placements requiring greater than 24 hours will be reviewed, including a
health review by the HSM and be escalated to the First Assistant Secretary, Status Resolution
Services, National Office.

Roles and responsibilities

8.1 Department
The department is responsible for approving and reviewing management plans for high-risk
detainees, including changes to their accommodation arrangements. Due to the impact on a
detainees physical and mental health, placement in high-care accommodation will be subject
to ongoing review by the department. Reviews will take place according to 'Case
Management review policy', and informed by medical recommendations. See Compliance
and Case Resolution - Case resolution - Case Management Handbook (Page 3 of 4) [LINK]
8.2 Detention Service Provider (DSP)
As the principal point of contact for detainees, the DSP takes a holistic approach to the
management of high-risk detainees, including identifying and addressing challenging
detainee behaviour, before it escalates and undertaking regular checks to ensure the detainees
are safe and well. In partnership with HSM and departmental case managers, the DSP is
responsible for identifying high-risk detainees, developing individual management plans and
when required, implementing and managing the use of closer supervision and engagement to
manage high-risk detainees.
8.3 Health Services Manager (HSM)
The HSM will have a role in the management of high-risk detainees as support for the
detainees behavioural or emotional wellbeing. The HSM may identify appropriate health
management support such as counselling and the monitoring of detainees for any health
related issues.
8.4 Training
Departmental, DSP and HSM personnel will be trained to supervise and engage with
detainees commensurate with their position. Under the conditions of the detention services
contract, the department monitors the DSPs compliance with their training requirements.

9
9.1

Minors
Accompanied minors

Accompanied minors will not be separated from their family or carers, unless there is a need to
protect the minor from harm or the risk of suffering. Multiple risk factors can affect the behaviour of
minors in immigration detention. When the parent/s or carer cannot manage or correct inappropriate
behaviour by a minor, it may be necessary for the DSP to intervene to provide guidance and feedback
in collaboration with the parent or carer and the HSM. The intervention should not undermine the
parent or carers responsibilities for, or relationship with, the minor. Interventions of this nature will
fall within the scope of the DSPs management planning for the family.

For minors attending school, consultation with the school, in coordination with the parent or
carer, may also be required.

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9.2 Unaccompanied minors (UAM)

High-care accommodation may be used for UAMS, but not to isolate them and only used as a
last resort when closer supervision and engagement has not been successful while the UAM
has been accommodated within the main population of the facility.
Where placement in high-care accommodation is under consideration for a UAM, for whom
the Minister is the guardian under the IGOC Act, the UAMs delegated guardian should be
involved in any discussion of this placement.
The DSP may need to develop a behavioural management plan to bring structure to an
intervention where a UAM requires support. While the use of closer supervision may not be
necessary, consultation with HSM is to take place on the development of the behaviour
management plan and assist with identification of any underlying reasons for the
inappropriate behaviour by the minor.
For further detail on the treatment of minors, see PAM3:

DSM Chapter 2 Client placement - Minors in immigration detention;

DSM Chapter 2 Client placement - Education of Minors; and

DSM - Chapter 6 - Detention health - Mental health policies - Application to minors in
immigration detention.

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