Out of sight, out of right? : who can be held accountable for detainees harmed on Nauru?

This chapter argues that people subjected to offshore processing in Nauru who have been harmed by the actions or omissions of the Australian government may have a right to compensation under tort law. Although the arrangements in Nauru are complicated and involve the International Organization for Migration (IOM), the government of Nauru, private contractors such as Chubb Security and Eurest as well as the Australian government, this paper contends that Australia cannot escape its obligation to care for asylum seekers in offshore facilities. Recent case law involving immigration detainees in Australia suggests that Australia has a non-delegable duty of care to asylum seekers and this may extend to asylum seekers Australia has transferred to Nauru for processing.