The Claim
“Accused the Human Rights Commissioner of bias, because she published a report into children in detention, finding 233 incidents of assault against children, inside the government's immigration camps.”
Original Sources Provided
✅ FACTUAL VERIFICATION
TRUE - The Coalition government, including Prime Minister Tony Abbott and other senior ministers, did accuse Australian Human Rights Commission President Gillian Triggs of bias following the release of "The Forgotten Children" report [1][2].
The report, released in February 2015, documented serious incidents in immigration detention facilities between January 2013 and March 2014, including:
- 233 recorded assaults involving children [3]
- 33 incidents of sexual assault [3]
- 128 acts of self-harm committed by underage detainees [3]
- Nearly one in three children assessed with serious mental disorders during the first half of 2014 [3]
The data came directly from the Department of Immigration and Border Protection's own incident records [4]. The report was the result of an eight-month national inquiry conducted from February to October 2014 [5].
Prime Minister Tony Abbott responded to the report by calling it "a blatantly partisan, politicised exercise" and stated the Human Rights Commission "ought to be ashamed of itself" [1][2]. Abbott specifically questioned the timing, asking: "Where was the Human Rights Commission when there were almost 2,000 children in detention?" [2].
Attorney-General George Brandis echoed this criticism, stating the government was "disappointed and surprised" that the inquiry did not start earlier "considering the problem was at its most acute prior to the 2013 election" [2].
Former Immigration Minister Scott Morrison also criticized the Commission, saying "I don't think Australians feel better and more supportive of the Australian human rights commissioner because of her engagement in various issues and what from looking outside in I'm sure looks like a completely partisan approach" [1].
Missing Context
The report covered BOTH Labor and Coalition governments. The inquiry examined the period from January 2013 to March 2014, which included the final months of the Labor government (under Kevin Rudd from June 2013) and the first six months of the Coalition government [5][6].
The 233 assault incidents occurred across both governments' tenures - they were not solely attributable to Coalition policy. The report explicitly found that "the laws, policies and practices of Labor and Coalition Governments are in serious breach" of international obligations [5].
Professor Triggs explained she delayed launching the inquiry until after the 2013 federal election to see if the new government would change asylum seeker policies [2][5]. She informed then-Immigration Minister Scott Morrison of her intentions in November 2013 [2].
The data was Departmental, not Commission-collected. Most of the damning statistics, including the 233 assaults, came from the Department of Immigration and Border Protection's own records - not from partisan research by the Commission [4].
Timing criticism ignores legitimate methodological reasons. Triggs noted that when children in detention reached their peak in July 2013 (1,992 children), they were being held for short periods and released quickly. However, after the election, "very few children were being released and the length of time for which they were being held was reaching quite exceptional levels" [2][5].
ABC Fact Check verified that the length of time children spent in detention did increase significantly after the Coalition took office, rating Triggs' claim on this as correct [2].
Source Credibility Assessment
The original source (Sydney Morning Herald) is a mainstream, reputable Australian news outlet with no particular partisan bias. The article reported on the government's response to the report, which is factually accurate [1].
The AHRC itself is an independent statutory body established by Parliament in 1986 to protect human rights. Its reports are based on evidence gathered through formal inquiry processes, including testimony from government ministers and Departmental data [5].
The credibility of the government's bias accusation was challenged by:
- Australia's first federal human rights commissioner Brian Burdekin (1986-1994), who called it "an orchestrated campaign to denigrate, debilitate and I think possibly destabilise or even destroy an independent commission" [1]
- The United Nations, which publicly defended Triggs and the Commission [3]
- Leading medical professionals who contributed to the report, who found the bias claims "insulting" given the evidence-based methodology [4]
Labor Comparison
Did Labor do something similar?
Labor's record on children in detention shows comparable systemic failures:
Labor's numbers were actually higher. The peak number of children in detention reached 1,992 under Labor in July 2013 - far higher than the approximately 800 children detained when the Coalition report was released [2][5].
Labor also faced criticism. Former Immigration Minister Chris Bowen (Labor) gave evidence to the inquiry and acknowledged holding children in detention facilities he admitted were inappropriate [7]. The report explicitly criticized Labor's "no advantage" principle, which left about 31,000 asylum seekers in "a legal black hole" [5].
Both governments received criticism. The report found that "no satisfactory rationale for the prolonged detention of children seeking asylum in Australia has been offered" by either government, and both Labor and Coalition ministers agreed that detention "does not deter either asylum seekers or people smugglers" [5].
Previous Labor governments also attacked the Commission. The pattern of governments attacking the AHRC is not unique to the Coalition. In 1993, the Keating Labor government similarly offered then-Commissioner Brian Burdekin overseas positions to encourage his departure after he criticized government policy [1].
Balanced Perspective
The Coalition's accusation of bias against Professor Triggs was a political response to an uncomfortable report that documented systemic failures in Australia's immigration detention system. However, several factors undermine the credibility of the bias claim:
The inquiry was methodologically sound - It included interviews with 1,129 children and parents, 41 witnesses (including both Labor and Coalition ministers), and medical experts. The data came from government sources [5].
The timing had legitimate justification - Triggs delayed until after the election to assess whether policy changes would occur. When it became clear children were being detained for longer periods (verified by ABC Fact Check [2]), she acted appropriately.
The report covered both governments - It explicitly criticized Labor's policies and found both parties at fault, making the "partisan" charge difficult to sustain.
Independent experts defended the report - Medical professionals, the UN, and former AHRC commissioners all supported the findings and methodology [1][3][4].
While the government argued the report was politically motivated, the core facts it documented - including the 233 assault incidents - were derived from the Department's own records and were not disputed on factual grounds. The government's response focused on attacking the messenger rather than addressing the substance of the findings about children's welfare in detention facilities.
The bipartisan nature of the criticism is notable - both major parties have held children in detention despite evidence of harm, and both have been criticized by the Human Rights Commission for doing so.
TRUE
7.0
out of 10
The claim is factually accurate. The Coalition government did accuse Human Rights Commissioner Gillian Triggs of bias following her report that documented 233 incidents of assault against children in immigration detention. The specific incidents were verified by Departmental records spanning both Labor and Coalition governments. While the government characterized the report as "blatantly partisan," the factual basis for the 233 assault figure was not contested, and the inquiry methodology included testimony from both Labor and Coalition ministers. The accusation of bias appears to have been a political deflection strategy rather than a substantive critique of the report's findings.
Final Score
7.0
OUT OF 10
TRUE
The claim is factually accurate. The Coalition government did accuse Human Rights Commissioner Gillian Triggs of bias following her report that documented 233 incidents of assault against children in immigration detention. The specific incidents were verified by Departmental records spanning both Labor and Coalition governments. While the government characterized the report as "blatantly partisan," the factual basis for the 233 assault figure was not contested, and the inquiry methodology included testimony from both Labor and Coalition ministers. The accusation of bias appears to have been a political deflection strategy rather than a substantive critique of the report's findings.
📚 SOURCES & CITATIONS (7)
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1
inkl.com
Australia’s first federal human rights commissioner, Brian Burdekin, vehemently defends Triggs and accuses Tony Abbott of ‘shooting the messenger’
inkl -
2
abc.net.au
The Human Rights Commission's controversial report into children in immigration detention was tabled in the federal parliament in the first sitting week of 2015. Human Rights Commission President Gillian Triggs said the inquiry was necessary because children had been spending too long in detention in the months after the Abbott government was elected. ABC Fact Check investigates whether the length of time children were held in detention increased after the Coalition took office.
Abc Net -
3
vice.com
Tony Abbott responded to the report by recommending the commission send former Immigration Minister Scott Morrison a thank-you note for his work protecting human rights.
VICE -
4
humanrights.gov.au
Humanrights Gov
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5PDF
forgotten children 2014
Humanrights Gov • PDF Document -
6
openresearch-repository.anu.edu.au
The report of the Australian Human Rights Commission's (AHRC) most recent national inquiry into the impact of immigration detention on children, The Forgotten Children, was publicly released in February this year and immediately dismissed by the Prime Minister, Tony Abbott, as 'a political stitch-up'. The PM claimed that the timing of the inquiry was evidence of its politically partisan nature. The inquiry was launched six months after his government took power, when the number of children in detention had fallen from the record high reached under Labor in July 2013. AHRC President, Professor Gillian Triggs, claimed that because a federal election was imminent, she decided to wait on its outcome and possible changes to Australia's asylum seeker policies before launching an inquiry. The Coalition government took power in October 2013. The number of children in detention then decreased significantly, but Triggs claimed that over the next six months 'children were being held for significant periods and were not being released. While the [asylum seeker] boats were stopping, the children were being detained for lengthening periods of time. When the inquiry was announced ... children had been held on average for seven months and 1,006 remained in closed indefinite detention.
Openresearch-repository Anu Edu -
7
smh.com.au
Former Labor immigration minister Chris Bowen said the Manus Island detention centre was not appropriate for children but was advised by intelligence agencies, including ASIO to publicise a "blanket exemption" when he re-installed the controversial offshore detention centre.
The Sydney Morning Herald
Rating Scale Methodology
1-3: FALSE
Factually incorrect or malicious fabrication.
4-6: PARTIAL
Some truth but context is missing or skewed.
7-9: MOSTLY TRUE
Minor technicalities or phrasing issues.
10: ACCURATE
Perfectly verified and contextually fair.
Methodology: Ratings are determined through cross-referencing official government records, independent fact-checking organizations, and primary source documents.