Australia's National
Prison Newspaper

Australia's National
Prison Newspaper

ISSUE NO. 4

October 2024

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News and Investigations

Around the Country – September 2024

The latest in criminal justice around the country

Ethan Cassidy

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WA

Another hot summer to come for WA’s Roebourne Regional Prison

Western Australia’s Roebourne Regional Prison, in the state’s north-west, will go yet another summer with no air conditioning.

It’s been almost two years since the WA government promised to install air conditioning in every cell, addressing the non-existent  heat control across the facility. With the rising temperatures leaving winter, it’s expected to get as hot as 50°C this summer, a life-threatening temperature.

The promise was made by the government in late 2022, stating that $10 million would be invested in installing aircon in every cell.

A WA Department of Justice spokesperson said  aircon will now be installed in every cell “during the 2024-25 financial year,” which ends in June 2025.

“The Department has a number of measures in place at the prison to manage heat risks,” the spokesperson said.

“This includes fans in every cell, air-conditioning in the recreation hall, prisoner visits area and female activities area, access to ice machines and cold water bubblers and shade structures in the main areas of the prison. There are also a number of air-conditioned cells available for prisoners with medical conditions.

“The prison maintains a flexible routine to adjust to the conditions and ensures all planned recreational activities are closely supervised. Cell temperatures are monitored through the day in the accommodation units and medical staff are on duty to ensure prisoners’ health and safety.”

The maximum security prison has been enduring these conditions for decades, worried that death on-site may occur. Researchers found that on average, the summer nighttime temperature in a cell was regularly at 35°C before midnight.

While the WA government has failed to mitigate the heat, activists, lawyers, prisoners and visitors alike have been campaigning for more humane and cooler conditions.

In 2020 and 2022, the Western Australian Inspector of Custodial Services voiced concerns over the lack of heat control.

“It is an identified health and welfare risk that arises once the prisoners are locked down,” the Inspector’s report read.

“We have made this recommendation in various reports over many years and while we recognise that there are infrastructure constraints, a solution is needed. We have expressed grave concern at the lack of climate control in mainstream prisoner accommodation at Roebourne and in other aspects of prison life over many years.”

TAS

Tasmanian Government abandons plans for new adult prison

The Tasmanian government has abandoned its plan to develop another adult prison in the north of the state, following years of sustained advocacy and pushback from the local community and key justice organisations.

The proposal for a 270-bed adult correctional facility near Deloraine attracted criticism from the local community in the Meander Valley region, who mounted community campaigns against the proposal and repeatedly shared their concerns with Tasmanian politicians, including former Premier Peter Gutwein and former Attorney-General Elise Archer.

Concerns were raised through community consultation on the impact of the development on the local environment of the proposed site, which is home to an endangered species and had been earmarked for conservation purposes. Concerns were also raised about the impact on the local community.

Instead of developing a new correctional centre, the government now intends to invest in improving additional facilities, as well as expanding existing non-custodial sentencing options such as home detention and electronic monitoring.  

Advocacy organisations including the Justice Reform Initiative have welcomed the decision, noting that the proposed development would have cost the government approximately $270 million to build, and expressing hope that these funds could now be redirected to initiatives which promote rehabilitation and reintegration.

SA

SA moves to change legislation that allows self-induced intoxication as a partial defence

The South Australian government has released draft legislation to close a “gap” that allows self-induced intoxication and excessive self-defence to be used as a partial defence in court, reducing the charge of murder to manslaughter.

The move comes after Cody Edwards was sentenced to at least 11 years in prison on  6 September 2024, having pleaded guilty to the manslaughter of Synamin Bell.

Edwards “brutally” attacked and killed Bell at their home in March 2022. He was originally charged with murder, but was re-arraigned on the lesser charge of manslaughter part-way through the trial, after his defence claimed that he was in a drug-induced “full-blown paranoia psychosis” when he killed  Bell. The defence claimed that in this state of psychosis, Edwards believed that  Bell was trying to kill him, and attacked her in self-defence.

Bell’s friends and family criticised the Court for accepting Edwards’ plea, and have called for legal reforms to prevent the use of self-induced intoxication and excessive self-defence as a partial defence in cases of family violence and other violent crimes.

SA Attorney General Kyam Maher acknowledged that while cases that use this “loophole” are “exceedingly rare”, the government recognises that “change is needed to make sure these laws are in line with community expectations”.

The state government has begun consultation on such legislative changes, inviting the community to read the draft bill and submit written feedback or complete a survey via the government’s online consultation hub YourSAy.

NSW

Domestic violence law reforms in NSW

The New South Wales government is introducing significant reforms to domestic violence offending.

Key changes include:

  1. Tougher Penalties and New Aggravated Offences for ADVO Breaches: The NSW government plans to introduce a new offence of ‘knowingly contravening an ADVO’, which will capture serious or harmful breaches that contain an intent to cause fear or harm to the protected person. These offences will increase the maximum penalty from 2 to 3 years in prison and/or an $11,000 fine. Persistent breaches, defined as three or more violations within 28 days, will incur up to 5 years in prison and/or a $16,500 fine.
  2. Serious Domestic Abuse Prevention Orders (SDAPO): SDAPOs will allow a Court to impose conditions on serious offenders aimed at preventing further abuse. The conditions can include positive obligations, such as informing police of any dating profiles they create. They can be requested by police or the Director of Public Prosecutions and will last up to 5 years. Breaches can result in up to 5 years imprisonment and/or a $33,000 fine.
  3. Amended Stalking Definition: The definition of stalking will explicitly include technology-facilitated tracking and monitoring, such as GPS tracking and online surveillance, expanding the previous definition which only required the person to be ‘contacted or approached’ through technology.
  4. Easier Name Changes for Children: The Births, Deaths and Marriages Registration Act will be amended to allow sole parents with court orders to change their child's name without needing the other parent's consent, improving safety for domestic violence survivors.

National

Formerly incarcerated women call for the end of strip searches in prisons

Message from FIGJAM: We acknowledge the pain and suffering of people in prisons who are subjected to this practice and put a trigger warning on the following content. This is not an attempt to speak on behalf of anyone, but an update on work being done on the outside to end this practice.

Earlier this year, FIGJAM – a collective of formerly incarcerated women based in Melbourne – alongside Flat Out and the Human Rights Law Centre made a joint submission to the Australian Law Reform Commission’s inquiry into legal responses to sexual violence, calling for the end of strip searching in prison.

Drawing on decades of advocacy by people with lived experience, the submission argued that the forced removal of clothing constitutes dehumanising and degrading conduct that would be considered sexual assault if imposed in the wider community, and is especially retraumatising for people who have experienced sexual and physical abuse.

Strip searching, the authors say, is permitted in Australian prisons through overly broad laws with little oversight and accountability. For example, the vast majority of strip searches are performed ‘routinely’ – when a person first enters prison, attends court, is transferred or has visits with family – in the absence of reasonable suspicion or individual risk assessments.

The submission also includes data on the ineffectiveness of strip searching, with no evidence of a relationship between strip searching and rates of contraband detection.

The ineffectiveness of the practice was also confirmed by reports by the Western Australian Office of the Inspector of Custodial Services, the Victorian Ombudsman and Queensland Human Rights Commission.

The submission also argued that other technology is available, such as scanners used at airports, so strip searching is unnecessary. More on this story to come.

WA

Another hot summer to come for WA’s Roebourne Regional Prison

Western Australia’s Roebourne Regional Prison, in the state’s north-west, will go yet another summer with no air conditioning.

It’s been almost two years since the WA government promised to install air conditioning in every cell, addressing the non-existent  heat control across the facility. With the rising temperatures leaving winter, it’s expected to get as hot as 50°C this summer, a life-threatening temperature.

The promise was made by the government in late 2022, stating that $10 million would be invested in installing aircon in every cell.

A WA Department of Justice spokesperson said  aircon will now be installed in every cell “during the 2024-25 financial year,” which ends in June 2025.

“The Department has a number of measures in place at the prison to manage heat risks,” the spokesperson said.

“This includes fans in every cell, air-conditioning in the recreation hall, prisoner visits area and female activities area, access to ice machines and cold water bubblers and shade structures in the main areas of the prison. There are also a number of air-conditioned cells available for prisoners with medical conditions.

“The prison maintains a flexible routine to adjust to the conditions and ensures all planned recreational activities are closely supervised. Cell temperatures are monitored through the day in the accommodation units and medical staff are on duty to ensure prisoners’ health and safety.”

The maximum security prison has been enduring these conditions for decades, worried that death on-site may occur. Researchers found that on average, the summer nighttime temperature in a cell was regularly at 35°C before midnight.

While the WA government has failed to mitigate the heat, activists, lawyers, prisoners and visitors alike have been campaigning for more humane and cooler conditions.

In 2020 and 2022, the Western Australian Inspector of Custodial Services voiced concerns over the lack of heat control.

“It is an identified health and welfare risk that arises once the prisoners are locked down,” the Inspector’s report read.

“We have made this recommendation in various reports over many years and while we recognise that there are infrastructure constraints, a solution is needed. We have expressed grave concern at the lack of climate control in mainstream prisoner accommodation at Roebourne and in other aspects of prison life over many years.”

TAS

Tasmanian Government abandons plans for new adult prison

The Tasmanian government has abandoned its plan to develop another adult prison in the north of the state, following years of sustained advocacy and pushback from the local community and key justice organisations.

The proposal for a 270-bed adult correctional facility near Deloraine attracted criticism from the local community in the Meander Valley region, who mounted community campaigns against the proposal and repeatedly shared their concerns with Tasmanian politicians, including former Premier Peter Gutwein and former Attorney-General Elise Archer.

Concerns were raised through community consultation on the impact of the development on the local environment of the proposed site, which is home to an endangered species and had been earmarked for conservation purposes. Concerns were also raised about the impact on the local community.

Instead of developing a new correctional centre, the government now intends to invest in improving additional facilities, as well as expanding existing non-custodial sentencing options such as home detention and electronic monitoring.  

Advocacy organisations including the Justice Reform Initiative have welcomed the decision, noting that the proposed development would have cost the government approximately $270 million to build, and expressing hope that these funds could now be redirected to initiatives which promote rehabilitation and reintegration.

SA

SA moves to change legislation that allows self-induced intoxication as a partial defence

The South Australian government has released draft legislation to close a “gap” that allows self-induced intoxication and excessive self-defence to be used as a partial defence in court, reducing the charge of murder to manslaughter.

The move comes after Cody Edwards was sentenced to at least 11 years in prison on  6 September 2024, having pleaded guilty to the manslaughter of Synamin Bell.

Edwards “brutally” attacked and killed Bell at their home in March 2022. He was originally charged with murder, but was re-arraigned on the lesser charge of manslaughter part-way through the trial, after his defence claimed that he was in a drug-induced “full-blown paranoia psychosis” when he killed  Bell. The defence claimed that in this state of psychosis, Edwards believed that  Bell was trying to kill him, and attacked her in self-defence.

Bell’s friends and family criticised the Court for accepting Edwards’ plea, and have called for legal reforms to prevent the use of self-induced intoxication and excessive self-defence as a partial defence in cases of family violence and other violent crimes.

SA Attorney General Kyam Maher acknowledged that while cases that use this “loophole” are “exceedingly rare”, the government recognises that “change is needed to make sure these laws are in line with community expectations”.

The state government has begun consultation on such legislative changes, inviting the community to read the draft bill and submit written feedback or complete a survey via the government’s online consultation hub YourSAy.

NSW

Domestic violence law reforms in NSW

The New South Wales government is introducing significant reforms to domestic violence offending.

Key changes include:

  1. Tougher Penalties and New Aggravated Offences for ADVO Breaches: The NSW government plans to introduce a new offence of ‘knowingly contravening an ADVO’, which will capture serious or harmful breaches that contain an intent to cause fear or harm to the protected person. These offences will increase the maximum penalty from 2 to 3 years in prison and/or an $11,000 fine. Persistent breaches, defined as three or more violations within 28 days, will incur up to 5 years in prison and/or a $16,500 fine.
  2. Serious Domestic Abuse Prevention Orders (SDAPO): SDAPOs will allow a Court to impose conditions on serious offenders aimed at preventing further abuse. The conditions can include positive obligations, such as informing police of any dating profiles they create. They can be requested by police or the Director of Public Prosecutions and will last up to 5 years. Breaches can result in up to 5 years imprisonment and/or a $33,000 fine.
  3. Amended Stalking Definition: The definition of stalking will explicitly include technology-facilitated tracking and monitoring, such as GPS tracking and online surveillance, expanding the previous definition which only required the person to be ‘contacted or approached’ through technology.
  4. Easier Name Changes for Children: The Births, Deaths and Marriages Registration Act will be amended to allow sole parents with court orders to change their child's name without needing the other parent's consent, improving safety for domestic violence survivors.

National

Formerly incarcerated women call for the end of strip searches in prisons

Message from FIGJAM: We acknowledge the pain and suffering of people in prisons who are subjected to this practice and put a trigger warning on the following content. This is not an attempt to speak on behalf of anyone, but an update on work being done on the outside to end this practice.

Earlier this year, FIGJAM – a collective of formerly incarcerated women based in Melbourne – alongside Flat Out and the Human Rights Law Centre made a joint submission to the Australian Law Reform Commission’s inquiry into legal responses to sexual violence, calling for the end of strip searching in prison.

Drawing on decades of advocacy by people with lived experience, the submission argued that the forced removal of clothing constitutes dehumanising and degrading conduct that would be considered sexual assault if imposed in the wider community, and is especially retraumatising for people who have experienced sexual and physical abuse.

Strip searching, the authors say, is permitted in Australian prisons through overly broad laws with little oversight and accountability. For example, the vast majority of strip searches are performed ‘routinely’ – when a person first enters prison, attends court, is transferred or has visits with family – in the absence of reasonable suspicion or individual risk assessments.

The submission also includes data on the ineffectiveness of strip searching, with no evidence of a relationship between strip searching and rates of contraband detection.

The ineffectiveness of the practice was also confirmed by reports by the Western Australian Office of the Inspector of Custodial Services, the Victorian Ombudsman and Queensland Human Rights Commission.

The submission also argued that other technology is available, such as scanners used at airports, so strip searching is unnecessary. More on this story to come.

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QLD

Queensland Police Officers face charges after watchhouse incident

Two police officers have been charged after being accused of assaulting a prisoner in far north Queensland earlier this year.

The Queensland Police Service released a statement on September 5 saying it had charged two members of the Service with offences including deprivation of liberty and assault occasioning bodily harm.

The charges relate to an alleged incident involving a 23-year-old male prisoner at the Mareeba watch house in January 2024.

The prisoner was being held in the watchhouse for property and assault offences.

Both members have been suspended from the QPS and are expected to appear in the Mareeba Magistrates Court on October 2 2024.

A QPS spokesman stressed that the organisation does not tolerate unlawful conduct by any members and takes these allegations very seriously adding that the matter is now before the courts and accordingly they were unable to comment further.

In other news, an external audit commenced this week investigating how the QLD Police Service was able to secure a 15-year $240 million lease of commercial property for an apparent “mega” station at Stones Corner, on the outskirts of Brisbane.

QLD Police Minister Mark Ryan has consistently refused to answer questions about the deal, including how it would be paid for and how long negotiations had been in the works.

Opposition spokespeople continue to call for transparency around the deal, with none of the fit-out and lease details included in the state’s budget papers.

This week a QPS spokesperson confirmed an external audit is underway. The Courier Mail reported sources close to the QPS had confirmed the $240 million lease was the “worst deal” they had ever seen.

NT

CLP win in landslide election victory on crime

The Country Liberal Party has achieved a resounding victory in the Northern Territory election on a crime-battling platform, with incoming Chief Minister Lia Finocchiaro promising to work to “do whatever it takes to restore community safety.”

Amongst the proposed reforms include lowering the age of criminal responsibility to 10 years old; reversing the ban on the use of spit hoods on children in youth detention; introducing mandatory youth ‘boot camps’ in Darwin and Alice Springs; and overhauling  bail laws for serious violent assaults and repeat offenders.

Advocates have raised concerns that these changes will disproportionately impact vulnerable children with significant neurodevelopmental and cognitive impairments.

VIC

Worksafe not laying charges for Veronica Nelson inquest

In January 2020, Veronica Nelson died in her prison cell in Melbourne after being refused bail for shoplifting-related offences. A coronial inquest into her death followed, and in January 2023, Coroner Simon McGregor found that Nelson would still be alive had prison staff responded to her cries for help, labelling her treatment as “cruel and inhumane”.

The Coroner referred the matter to WorkSafe Victoria to investigate whether the prison operator or prison staff members had committed any offences in their treatment of Nelson. Following a “thorough investigation”, WorkSafe stated in August this year that there was “insufficient evidence” to prosecute the matter.

Separately, the Coroner also recommended an urgent review into the Victorian bail legislation, which he referred to as a “complete and unmitigated disaster”. Nelson's death prompted positive reform, with the Victorian government making some legislative changes to allow individuals charged with minor, non-violent offences to be granted bail more easily.

The Victorian government also stopped outsourcing healthcare for female prisoners to a for-profit company, instead using the public health system to ensure that women in custody receive an appropriate standard of healthcare.

ACT

Two deaths in ACT custody

On 29 August, a 34-year-old Aboriginal man tragically passed away at Alexander Maconochie Centre. The man was found unresponsive in his cell and passed shortly after. The death is subject to police investigation. This is the second death at the Canberra jail in less than a month. On 31 July, a 35-year-old man was also found unresponsive and pronounced dead at the scene by paramedics. The deaths, together with the recent inquest into the death of Justin Corby, has sparked calls for an inquiry into the ACT criminal justice and prison system. Both deaths will be subject to Coronial Inquests, required for any deaths in custody. About Time will report on the progress of these Inquests. We urge people in custody to reach out for support if they are struggling, especially at this time.

QLD

Queensland Police Officers face charges after watchhouse incident

Two police officers have been charged after being accused of assaulting a prisoner in far north Queensland earlier this year.

The Queensland Police Service released a statement on September 5 saying it had charged two members of the Service with offences including deprivation of liberty and assault occasioning bodily harm.

The charges relate to an alleged incident involving a 23-year-old male prisoner at the Mareeba watch house in January 2024.

The prisoner was being held in the watchhouse for property and assault offences.

Both members have been suspended from the QPS and are expected to appear in the Mareeba Magistrates Court on October 2 2024.

A QPS spokesman stressed that the organisation does not tolerate unlawful conduct by any members and takes these allegations very seriously adding that the matter is now before the courts and accordingly they were unable to comment further.

In other news, an external audit commenced this week investigating how the QLD Police Service was able to secure a 15-year $240 million lease of commercial property for an apparent “mega” station at Stones Corner, on the outskirts of Brisbane.

QLD Police Minister Mark Ryan has consistently refused to answer questions about the deal, including how it would be paid for and how long negotiations had been in the works.

Opposition spokespeople continue to call for transparency around the deal, with none of the fit-out and lease details included in the state’s budget papers.

This week a QPS spokesperson confirmed an external audit is underway. The Courier Mail reported sources close to the QPS had confirmed the $240 million lease was the “worst deal” they had ever seen.

NT

CLP win in landslide election victory on crime

The Country Liberal Party has achieved a resounding victory in the Northern Territory election on a crime-battling platform, with incoming Chief Minister Lia Finocchiaro promising to work to “do whatever it takes to restore community safety.”

Amongst the proposed reforms include lowering the age of criminal responsibility to 10 years old; reversing the ban on the use of spit hoods on children in youth detention; introducing mandatory youth ‘boot camps’ in Darwin and Alice Springs; and overhauling  bail laws for serious violent assaults and repeat offenders.

Advocates have raised concerns that these changes will disproportionately impact vulnerable children with significant neurodevelopmental and cognitive impairments.

VIC

Worksafe not laying charges for Veronica Nelson inquest

In January 2020, Veronica Nelson died in her prison cell in Melbourne after being refused bail for shoplifting-related offences. A coronial inquest into her death followed, and in January 2023, Coroner Simon McGregor found that Nelson would still be alive had prison staff responded to her cries for help, labelling her treatment as “cruel and inhumane”.

The Coroner referred the matter to WorkSafe Victoria to investigate whether the prison operator or prison staff members had committed any offences in their treatment of Nelson. Following a “thorough investigation”, WorkSafe stated in August this year that there was “insufficient evidence” to prosecute the matter.

Separately, the Coroner also recommended an urgent review into the Victorian bail legislation, which he referred to as a “complete and unmitigated disaster”. Nelson's death prompted positive reform, with the Victorian government making some legislative changes to allow individuals charged with minor, non-violent offences to be granted bail more easily.

The Victorian government also stopped outsourcing healthcare for female prisoners to a for-profit company, instead using the public health system to ensure that women in custody receive an appropriate standard of healthcare.

ACT

Two deaths in ACT custody

On 29 August, a 34-year-old Aboriginal man tragically passed away at Alexander Maconochie Centre. The man was found unresponsive in his cell and passed shortly after. The death is subject to police investigation. This is the second death at the Canberra jail in less than a month. On 31 July, a 35-year-old man was also found unresponsive and pronounced dead at the scene by paramedics. The deaths, together with the recent inquest into the death of Justin Corby, has sparked calls for an inquiry into the ACT criminal justice and prison system. Both deaths will be subject to Coronial Inquests, required for any deaths in custody. About Time will report on the progress of these Inquests. We urge people in custody to reach out for support if they are struggling, especially at this time.

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Help us get About Time off the ground. All donations are tax deductible and will be vital in providing an essential resource for people in prison and their loved ones.

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