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22.35. The victim, or his/her parent or legal guardian, is entitled to seek a second opinion from a suitably qualified medical practitioner of their choosing.

22. Children C. Treatment and Duty of Protection and Care

22.36. Unless manifestly frivolous, groundless or vexatious, where allegations of torture or ill-treatment of a child by staff are made, investigative procedures are instigated, including the possibility of transfer of duties, suspension pending investigation and referral for criminal investigation.

22. Children C. Treatment and Duty of Protection and Care

22.37. Where children are detained, they have access to services that actively facilitate their integration/reintegration into society, family life, education and employment, including support services that enable them to find adequate shelter, education, employment and means of support.

22. Children C. Treatment and Duty of Protection and Care

23.01. There is a presumption against the detention of people with disabilities, and detention is used only as a last resort and for the shortest appropriate period of time.

23. People with disabilities C. Treatment and Duty of Protection and Care

23.02. There is an assessment of whether a child or adult who may be subject to immigration detention has disabilities and this is taken into account when evaluating the necessity, reasonableness and proportionality of detention.

23. People with disabilities C. Treatment and Duty of Protection and Care

23.03. People with long-term physical, mental, intellectual and sensory impairments are not detained for immigration reasons, and the exceptional decision to detain a person with a disability is subject to an assessment of the necessity, reasonableness and proportionality of detaining the particular individual.

23. People with disabilities C. Treatment and Duty of Protection and Care

23.04. The place of detention provides for safe and ready access to all parts of the facility by people with a disability, including visitors with a disability.

23. People with disabilities C. Treatment and Duty of Protection and Care

23.05. The question of whether there are less coercive or intrusive alternatives to detention is actively explored and takes full account of individual circumstances and vulnerabilities.

23. People with disabilities C. Treatment and Duty of Protection and Care

23.06. Decisions to detain or to continue to detain a person with a disability are not made on the basis of a person’s inability to comply with conditions of release that have not been adapted or modified to accommodate their physical constraints or limitations.

23. People with disabilities C. Treatment and Duty of Protection and Care

23.07. The design of the package of alternatives to detention anticipates the situation of people with disabilities, and ensures that locations of alternatives to detention are physically accessible.

23. People with disabilities C. Treatment and Duty of Protection and Care

23.08. Detainees with disabilities are provided with reasonable accommodation that takes account of special vulnerabilities, including of women and children with disabilities.

23. People with disabilities C. Treatment and Duty of Protection and Care😷 COVID

23.09. Interview and hearing rooms are accessible to people with disabilities and disability-specific interpreting assistance is provided for people who are visually or hearing impaired.

23. People with disabilities C. Treatment and Duty of Protection and Care

23.10. Understandings of and training in relation to disability reflect a social model of disability.

23. People with disabilities C. Treatment and Duty of Protection and Care

23.11. Negative discrimination on the basis of disability is prohibited by law.

23. People with disabilities C. Treatment and Duty of Protection and Care

23.12. Special measures are taken to provide support and assistance to people with a disability who may be subject to immigration detention, particularly children.

23. People with disabilities C. Treatment and Duty of Protection and Care

24.01. Trafficked persons, including trafficked children, are not held in immigration detention or other forms of custody.

24. Other vulnerable groups C. Treatment and Duty of Protection and Care

24.02. There is a protocol for assessing the risks and vulnerabilities for victims of trafficking, including risks to witnesses and the risk of re-trafficking.

24. Other vulnerable groups C. Treatment and Duty of Protection and Care

24.03. If trafficked persons, including trafficked children, are held in immigration detention, they are provided with appropriate assistance and protection.

24. Other vulnerable groups C. Treatment and Duty of Protection and Care

24.04. Trafficked persons are provided with safe and adequate shelter that meets their needs and is not made contingent upon their willingness to give evidence in criminal proceedings.

24. Other vulnerable groups C. Treatment and Duty of Protection and Care

24.05. Trafficked persons, including trafficked children, have effective access to legal counsel.

24. Other vulnerable groups C. Treatment and Duty of Protection and Care