Canberra censured for detainees' treatment Print
Written by The Age   

The Age
May 6, 2005

The Federal Court accuses the Government of culpable neglect of two mentally ill men at Baxter.

The Federal Court has condemned the Government for failing in its duty of care towards two severely depressed Iranian detainees held at Baxter.

The psychiatric service given to the men was "clearly inadequate", with the men forced to endure "long delays" and the neglect contributing to their deterioration, Justice Paul Finn has found.

The men have been in immigration detention in various parts of Australia for about five years. Although authorities knew that S, who had a history of self-harm, was mentally ill, he was treated with "culpable neglect".

From late December last year, the Commonwealth had grounds to believe M had major depression. "He could not take care of himself. Those who should have, did not".

The criticism comes as the Government is under acute pressure over its detention policy. The Palmer inquiry into the Rau case was widened last week after it was discovered that the Government had deported an Australian citizen four years ago and now could not find her. It also discovered it had wrongly held other Australians in detention.

The ABC's Lateline on Wednesday reported that the woman, who was born in the Philippines, had been sent back there.

Acting Immigration Minister Peter cGauran said the Government took the court decision "with the utmost seriousness".

It was seeking advice from the department on the judgement's implications for the provision of mental health services in immigration detention centres.

Justice Finn said that given the prevalence of mental illness among more than 100 long-term detainees at Baxter, and the likely needs of S and M, the psychiatric service for them "was, and remained, clearly inadequate".

Justice Finn said the Commonwealth's conduct contributed to the "progressive deterioration" of the men.

The judge found the Commonwealth had ignored medical opinions from two outside psychiatrists and a GP who challenged treatment plans for S and M. It had relied on these plans "without feeling it necessary to obtain competent, independent, third-party advice that it was reasonable to continue to do so".

The outside opinions indicated that conditions at Baxter were a contributing cause of the mental illness of S and M. Baxter was unable to provide the care they needed and it was an inapproriate environment.

The judge said the Commonwealth outsourced health-care services for Baxter but had failed to audit these.

The detainees sought a court order for a transfer to Glenside mental health hospital in South Australia, which the Government resisted. But by the time the case finished, the men were already there. Justice Finn said if they had not been, he would have granted an injunction against the Commonwealth.

The Mental Health Council called for the Government to immediately release all mentally ill people held in immigration detention centres into the care of mental health services.

Keith Wilson, chairman of the council, said 60 to 80 per cent of people being held in immigration detention by the Government were believed to be suffering mental illnesses.

"That the Australian Goverment's treatment of them has exacerbated their illnesses is unacceptable," Mr Wilson said. "It is now time for the Government... to provide the proper mental health care these people are entitled, by law, to receive."