# Commonwealth Ombudsman to give Minister assessment of detention arrangements

> act-s486O — as in force on 2026-06-04 — C2026C00232 · Compilation No. 171 — https://www.legislation.gov.au/C2026C00232/latest/text

486O Commonwealth Ombudsman to give Minister assessment of
        detention arrangements

               Commonwealth Ombudsman to give Minister assessment of
               appropriateness of detention arrangements
          (1) As soon as practicable after the Commonwealth Ombudsman
              receives a report under section 486N, he or she is to give the
              Minister an assessment of the appropriateness of the arrangements
              for the person’s detention.

               Assessment may include recommendations
          (2) The assessment may include any recommendations the
              Commonwealth Ombudsman considers appropriate.
          (3) Without limiting subsection (2), the kinds of recommendations the
              Ombudsman may make include the following:
               (a) a recommendation for the continued detention of a person;
               (b) a recommendation that another form of detention would be
                   more appropriate for a person (for example, residing at a
                   place in accordance with a residence determination);
               (c) a recommendation that a person be released into the
                   community on a visa;










                 (d) general recommendations relating to the Department’s
                     handling of its detainee caseload.
          (4) The Minister is not bound by any recommendations the
              Commonwealth Ombudsman makes.

               Assessment to include statement for tabling in Parliament
          (5) The assessment must also include a statement, for the purpose of
              tabling in Parliament, that sets out or paraphrases so much of the
              content of the assessment as the Commonwealth Ombudsman
              considers can be tabled without adversely affecting the privacy of
              any person.

               Assessment to be given even if person no longer in detention
          (6) The Commonwealth Ombudsman must give the assessment to the
              Minister even if the person has, since the detention reporting time,
              ceased to be in immigration detention.