Appendix 8 - Recommendations of the Senate Foreign Affairs, Defence and Trade Committee report on Vivian Solon
Full title of report: 'The removal, search for and
discovery of Ms Vivian Solon', tabled December 2005
Recommendation 1
2.10 The committee
recommends that in relation to the interviewing of detainees, if a detainee is
unable to sign the record, there must be certification by a third party that
the record of interview is correct.
Recommendation 2
2.12 The committee
recommends that DIMIA staff are reminded that independent and accredited
interpreters must be used and that the use of a departmental officer as an
interpreter should occur only in exceptional circumstances.
Recommendation 3
2.28 The committee
recommends that DIMIA carefully consider the process to ensure someone in a
distressed and confused state has access to legal advice.
Recommendation 4
2.29 The committee
recommends DIMIA review checklists regarding identity checking and the decision
to detain and remove process to ensure that the actions outlined above
regarding contact with the police and advice regarding legal assistance are
captured so they are addressed by DIMIA officers when effecting a removal.
Recommendation 5
2.44 The committee
recommends that the Australian government review the adequacy of s.189 of the Migration Act 1958 and/or the introduction of a regulation that stipulates
the evidence required for a person to be detained as an unlawful non-citizen.
Recommendation 6
2.53 The committee
recommends that the development of appropriate standards for health and care
needs for detainees in transitional detention—identified in Recommendation 9 in
the Ombudsman's report—specify mental health as an area to be addressed.
Recommendation 7
2.55 The committee
recommends that the explanation of rights regarding the medical examination be
included in a relevant checklist as discussed in recommendation 4 above.
Recommendation 8
2.61 The committee
recommends that DFAT review internal processes regarding the treatment of
concerns expressed by other governments that have the potential to affect
bilateral relationships, with a view to ensuring that appropriate senior
officers in Canberra and in relevant posts are made aware of these concerns.
Recommendation 9
2.67 The committee
recommends that DIMIA review its procedures to ensure that formal procedures
are in place for the reception of people being removed from Australia in
circumstances similar to Ms Solon and that their final destination is recorded
on file.
Recommendation 10
2.69 The committee
recommends that DIMIA review and advise staff when their responsibilities for a
detainee begin and end, noting there may be circumstances like that of Ms Solon
where there may not be a strict legal obligation but a moral obligation to
ensure their welfare.
Recommendation 11
2.73 The committee
recommends that the independent investigation into whether the actions of
individual officers breached the APS Code of Conduct include consideration of
any systemic issues that may have contributed to the lack of action.
Furthermore, if the investigation identifies any systemic issues that it make
recommendations to address them.
Recommendation 12
2.80 The committee recommends that DIMIA and
DFAT remind staff of the correct procedures to be followed when making requests
for passport information.
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