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Victoria has overridden its own human rights charter to restrict the ability of people in prison to access open air’.
The state government introduced legislation to Parliament last week that allows for people in prison’s legal right of one hour in the open air every day to be limited due to a range of reasons.
In doing so, the Labor government admitted this move was in breach of its Charter of Human Rights and Responsibilities and expressly excluded it from applying to the new bill.
The legislation is in response to a Supreme Court ruling earlier this year that many cell yards and exercise areas in certain high-security and management units across a number of Victorian prisons were not providing open air.
Instead of renovating these cells to make them compliant, the Victorian government has moved to legislate to restrict the right to outside time, and to block anyone from accessing monetary compensation for not getting fresh air in prison in the past.
Currently, people in prison must get at least one hour outside “in the open air” unless this is made impossible by the weather.
The Victorian government’s reforms introduce a number of other reasons why this may be limited, including the management, good order or security of the prison, and the rights, safe custody or welfare of the person in prison or others.
“These amendments enable access to open air to be managed alongside operations considerations, including to ensure the management, good order and security of the system and the safety of people in prison and prison staff,” Victorian Minister for Corrections Paul Hamer said in Parliament.
“The operational reality of the system is that it is not reasonably practicable to provide each person in prison who currently has access to a private rear courtyard with their daily right to be in open air in alternative yards.”
The Victorian government has moved to exclude the human rights charter to this legislation, admitting that it is incompatible with the right to protection from cruel, inhuman or degrading treatment, and the right to humane treatment when deprived of liberty.
“The government does not take this step lightly,” Hamer said.
“In this exceptional case, the Charter is being overridden and its application excluded to ensure access to open air in prison can continue to be managed safely, alongside operational considerations.”
The bill also blocks anyone previously impacted by not being provided time outside from getting any monetary compensation from the state government.
About Time is welcoming letters in response to this proposed law.
