Australian Government
Department of Immigration and Citizenship
27 September 2013
Mr Robert Patch
Email: xxxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxx.xxx.xx
In reply please quote:
FOI Request FA 13/08/01274
File Number ADF2013/28201
Dear Mr Patch
Freedom of Information request – Decision on access request
This letter refers to your request received on 28 August 2013 seeking access under the
Freedom of Information Act 1982 (the FOI Act) to the following documents:
‘Incident Detail Report 1-2SOSIL from the Department's Compliance, Case
Management, Detention and Settlement Portal. I also request any documents attached
to the detailed report.’
Decision
I am a delegated decision maker under Section 23 of the
Freedom of Information Act 1982
(the FOI Act). In reaching my decision, I have considered the following:
• The
Freedom of Information Act 1982;
• Departmental files and/or documents (identified above);
• FOI Guidelines published by the Office of the Information Commissioner; and
• Relevant areas within the department
My decision is to release, in full, the documents within the scope of your request.
Documents in scope
• Incident Detail Report 1-2SOSIL.
Review Rights
Internal review
If you disagree with my decision, you have the right to apply for an internal review by the
department of a primary decision to refuse access to documents you have requested.
6 Chan Street Belconnen ACT 2617
PO Box 25 BELCONNEN ACT 2616 • Telephone: 02 6264 1111 • Fax: 02 6225 6970 • www.immi.gov.au
If you wish to make a request for internal review this must be sent within 30 days
of being
notified of the decision. Where possible please attach reasons why you believe review of the
decision is necessary. The internal review will be carried out by an officer other than the
original decision-maker and the department must make a review decision within 30 days.
Applications for review should be sent to:
Post
FOI and Privacy Policy Section
Department of Immigration and Citizenship
PO Box 25
BELCONNEN ACT 2616
Email
xxx@xxxx.xxx.xx
Review by the Office of the Australian Information Commissioner
You may apply directly to the Australian Information Commissioner for a review of my
decision. The OAIC has advised that ‘…going through the agency’s internal review process
gives the agency the opportunity to reconsider its initial decision, and your needs may be met
more quickly without undergoing an external review process’. For more information please
see FOI fact sheet 12 ‘Freedom of information – Your review rights’, available online at
www.oaic.gov.au.
If you wish to apply for review directly to the OAIC you must apply in writing within 60 days
of this notice. You can lodge your application in one of the following ways:
Post
GPO Box 2999
CANBERRA ACT 2601
or
GPO Box 5218
SYDNEY NSW 2001
Online
www.oaic.gov.au
Email
xxxxxxxxx@xxxx.xxx.xx
Fax
+61 2 9284 9666
In person
Level 3, 25 National Circuit FORREST ACT
or
Level 3, 175 Pitt Street SYDNEY NSW
An application form is available on the OAIC’s website at www.oaic.gov.au. Your
application should include a copy of the notice of the decision to which you are seeking
review of, and your contact details. You should also set out why you are seeking a review of
the decision.
How to make a complaint about the handling of your FOI request
You may complain to the Australian Information Commissioner if you have concerns about
how the department has handled your request under the FOI Act.
Your complaint must be in writing and must specify the agency you are complaining about.
You can send your complaint to the Australian Information Commissioner using the details
above. A complaint form is also available at www.oaic.gov.au.
If you are unhappy with the department’s decision about giving or refusing access to
documents, you should ask for the decision to be reviewed, which is a separate process which
has been outlined in the previous section.
Client Service Charter
Our Client Service Charter explains our service commitment to you. We are committed to
service delivery that is timely, open and accountable, and responsive to your needs. The Charter
explains how you can help us and how you can provide feedback or make a complaint. You can
read our Client Service Charter on our website, or in a printed copy available from any of our
offices.
Service satisfaction
The department remains committed to ensuring that all clients, both in Australia and overseas,
receive not only fair and reasonable treatment, but also an efficient standard of service that is
sensitive to each client's needs.
To provide a compliment, complaint or suggestion to the department you can:
• telephone the Global Feedback Unit (toll-free within Australia) on 13 31 77 during
business hours
• complete a feedback form online at www.immi.gov.au
• write to:
The Manager
Global Feedback Unit (DIAC)
GPO Box 241
MELBOURNE VIC 3001
AUSTRALIA
• contact us directly through any of our offices.
If you wish to discuss this matter, I can be contacted using the details provided below.
Yours sincerely
Mel Heggart
PN 60008303
FOI Case Officer
FOI & Privacy Policy
Department of Immigration and Citizenship
Telephone
02 6264 3131
Facsimile
02 6264 1818
Email
xxx@xxxx.xxx.xx
Attachment:
• Incident Detail Report 1-2SOSIL.
CLIENT SERVICE INFORMATION
Client Service Charter
Our Client Service Charter explains our service commitment to you. We are committed to
service delivery that is timely, open and accountable, and responsive to your needs. The
Charter explains how you can help us and how you can provide feedback or make a
complaint. You can read our Client Service Charter on our website, or in a printed copy
available from any of our offices.
Service satisfaction The department remains committed to ensuring that all clients, both in Australia and overseas,
receive not only fair and reasonable treatment, but also an efficient standard of service that is
sensitive to each client’s needs.
To provide a compliment, complaint or suggestion you can:
telephone the Global Feedback Unit on 13 31 77 during business hours
complete a feedback form online at www.immi.gov.au
write to:
The Manager
Global Feedback Unit
GPO Box 241
Melbourne VIC 3001
Australia
contact us directly through any of our offices.
Australian Government
Department of Immigration and Border Protection
DECISION RECORD
Client Details FOI Request FA 13/08/01274
File Number ADF2013/28201
Scope of the request:
‘Incident Detail Report 1-2SOSIL from the Department's Compliance, Case
Management, Detention and Settlement Portal. I also request any documents attached
to the detailed report.’
Documents in scope
• Incident Detail Report 1-2SOSIL.
Information considered
I am a delegated decision maker under Section 23 of the
Freedom of Information Act 1982
(the FOI Act). In reaching my decision, I have considered the following:
• The
Freedom of Information Act 1982;
• Departmental files and/or documents (identified above);
• FOI Guidelines published by the Office of the Information Commissioner; and
• Consultation with relevant areas within the department.
Reasons for decision
My decision is to release, in full, the documents within the scope of your request.
Sensitive
Incident Detail Report
As at 16/08/2013
Incident Summary
Incident Number: 1-2SOSIL
DIAC Notified:
21/11/2009 08:55:00 PM
Type:
Disturbance - Major
DIAC Notified By:
MARK BONACORSO
Level:
Major
DIAC Contact:
MICHAEL FRITSCHY
Version:
2
Initial Release On:
22/11/2009 08:08:57 AM
Status:
Closed
Version Released On:
26/11/2009 05:31:51 PM
Location:
North West Point Immigration
Transport ID:
Facility
Occurred On:
21/11/2009 08:50:00 PM
Sensitive:
N
Informed By:
Service Provider Staff
On Saturday the 21st of
November 2009 at 8.50PM a
physical confrontation took
place between approximately
Summary:
150 Clients of both Afghanistan
and Sri Lankan nationalities.
This Incident lasted for
approximately 30 minutes.
Informed On:
21/11/2009 08:50:00 PM
Organisation:
Serco
Location Details:
Green 1 compound, Green
Heart area North West Point
CCTV Recording Number:
Christmas Island.
Incident Details
Version:
1
22/11/2009 09:19:03
Created On:
Created By: MARK BONACORSO
AM
Report generated by ROWAN
Page 1 of 3
PATTERSON on Friday
16/08/2013, 9:50:17 AM
Sensitive
This document may contain `personal identifiers` and `personal information` as defined under the Migration
Act 1958 or Australian Citizenship Act 2007, and can only be used for purposes under these Acts.
Sensitive
Incident Detail Report
As at 16/08/2013
Description: On Saturday the 21st of November 2009 at 8.50PM a physical confrontation took place between
approximately 150 Clients of both Afghanistan and Sri Lankan nationalities. This Incident lasted for
approximately 30 minutes. This incident followed a smaller incident at 1630hours on the 21st of
November within Green 1 involving both Sri-Lankan and Afghani Clients of which a number of clients
were involved.
The Incident at 8.50PM started within Green 1 Compound involving numerous clients from different
Compounds but it was between only Afghanistan and Sri Lankan nationalities. Clients within Green
1 compound began to strike each other with plastic outdoor chairs and sticks.
Staff attended the location and attempted to intercede but the sheer volume of clients prevented
this taking place. All roller doors were secured within North West Point in a attempt to cease
further involvement from other Clients and ensure the safety of clients not involved.
Clients forced the roller doors within both Green 1 and Green 2 compounds and had propped this
open with chairs to allow more clients to become involved.
Staff members attempted to disarm clients and withdraw clients to safe areas as the situation
spilled into the Green Heart area, approximately 150 clients from both nationalities continued to
strike each other with chairs and tree branch?s that they had pulled from trees within the
compounds and Green heart.
A number of Afghanistan clients who where in the Green Heart area as the disturbance spilled from
Green 1 compound armed themselves with branch?s and poles from soccer nets that were
destroyed.
Staff disarmed clients and at the same time moved others not involved and injured clients to safe
locations. The situation within the Green Heart continued as the Sri-Lankan clients attempted to
strike and isolate groups of Afghanistan clients from the main group of about 50 Afghanistan clients
who were moving toward property and Medical. Staff members interceded on a number of
occasions in attempts to take weapons from clients and protect injured or isolated clients from harm
or further injury.
The situation ended when all Afghanistan clients had been isolated from the Sri-Lankan clients. The
Sri-Lankan clients then made there way to the middle of the Green Heart and refused to return to
there accommodation areas.
Staff members then continued to take sticks and poles from the clients which where secured, staff
members then began to attend to injured clients within numerous areas a total of 37 Clients the
majority being Afghani clients were transported to medical, at 0340 hours this morning 16 Clients
were at Christmas Island Hospital some who will remain but of which a majority will return to North
West Point.
Three staff members were injured within this incident. Australian Federal Police attended North
West Point and began to process evidence in relation to this incident.
Report generated by ROWAN
Page 2 of 3
PATTERSON on Friday
16/08/2013, 9:50:17 AM
Sensitive
This document may contain `personal identifiers` and `personal information` as defined under the Migration
Act 1958 or Australian Citizenship Act 2007, and can only be used for purposes under these Acts.
Sensitive
Incident Detail Report
As at 16/08/2013
Staff members at 0200 hours began to move clients from alternate locations back to there
compound. Afghani clients still have not been placed back into Green 1 and Green 2 compound and
this will not happen until dayshift on the 22nd of November 2009.
All Afghani clients from Green 1 and Green 2 have been housed with Education 3.
More to follow.
Report generated by ROWAN
Page 3 of 3
PATTERSON on Friday
16/08/2013, 9:50:17 AM
Sensitive
This document may contain `personal identifiers` and `personal information` as defined under the Migration
Act 1958 or Australian Citizenship Act 2007, and can only be used for purposes under these Acts.
