Northern Territory Second Reading Speeches

[Index] [Search] [Bill] [Help]

PRISONS (CORRECTIONAL SERVICES) AMENDMENT BILL 1998

(This is an uncorrected proof of the daily report. It is made available on the condition it is recognised as such.)

Bill presented and read a first time.

Mr POOLE (Correctional Services): Madam Speaker, I move that the bill be now read a second time.

The purpose of this bill is to amend the Prisons (Correctional Services) Act to enable a system of supervised interstate custodial permits to be introduced for Territory prisoners. The Territory will then be able to participate in a national scheme presently being developed. The national scheme will operate on the basis of each state and territory enacting its own interstate permit legislation with certain corresponding and reciprocal provisions.

The legislation will not be strictly uniform across all jurisdictions in the way that the Prisoners Interstate Transfer Act is. For instance, in this bill, the grounds for issuing an interstate custodial permit are either health purposes - this refers to the prisoner's own health - or exceptional personal circumstances as approved on a case-by-case basis by the Minister for Correctional Services. Grounds upon which an interstate permit may be sought are different in Victoria and different again in New South Wales. Victoria and New South Wales already have legislation in force and other states are currently preparing their legislation.

The Northern Territory has been concerned for some time about the lack of a suitable and responsive mechanism when it is necessary to send a prisoner interstate for a short period, say, for medical attention not available or not readily available in the Northern Territory. The Prisons (Correctional Services) Act, which gives the Director of Correctional Services custody of all prisoners and gives prison officers the necessary powers to supervise and direct prisoners, does not apply beyond the borders of the Territory. In emergency cases, the Prisoners (Interstate Transfer) Act has had to be used to move a prisoner interstate and then back to the Northern Territory. This is a circuitous and cumbersome process during which the Territory ceases to have custody and control of the prisoner concerned.

The interstate custodial permit scheme for prisoners will meet the needs of the Territory very well. The processes are simpler and more streamlined with correctional authorities able to make prisoners interstate visit arrangements directly with each other. Transfers under the Prisoners (Interstate Transfer) Act must be negotiated at ministerial level.

The essential provisions of the bill are contained in clause 7. At present, part 17 of the Prisons (Correctional Services) Act, the principal act in this context, deals with leave of absence within the Northern Territory. The bill proposes dividing part 17 into 2 divisions - division 1 to deal with intra-Territory leave of absence and division 2 to deal with supervised interstate custodial permits. Division 2 would then be made up of new sections 65A to 65K. I will outline the provisions of sections 65A to 65K so that honourable members can see how the interstate permits scheme would operate.

Section 65A gives the definition of terms occurring in the following sections. Section 65B provides for the formal recognition of interstate permit legislation in the other states. Section 65C allows the Director of Correctional Services - a statutory office under the principal act - to permit a prisoner to travel to another state either for health reasons or in exceptional personal circumstances which the minister has approved. A section 65C permit can be subject to conditions as prescribed in regulations and as set by the director.

Section 65D sets out the effect of a supervised interstate custodial permit issued under section 65C. The permit allows the prisoner named in the permit to be absent from prison for a period of up to 10 days in the custody of an escort. It also authorises and escort to take and keep the prisoner in custody during travel to and within another state and then return the prisoner to prison in the Northern Territory. A Territory prisoner absent from prison under such a permit is to be regarded as still in lawful custody and his or her sentence will continue to run.

Section 65E gives the Director of Correctional Services the power to appoint 1 or more persons to be an escort for the purposes of division 2 of part 17. Section 65F allows the Director of Correctional Services to vary the period of absence or conditions specified in an interstate permit. He can also revoke a permit. Variation or revocation can be before or during an authorised period of absence.

Section 65G reads:

A prisoner who, without reasonable excuse, fails to comply
with an interstate custodial permit is guilty of an offence
punishable, on being found guilty, by a fine not exceeding
$10 000 or a term of imprisonment not exceeding 2 years.

Section 65H requires that the Director of Correctional Services notify interstate prison authorities and the police there when an interstate custodial permit is issued, including notifying the police in any state through which a prisoner will pass travelling by land. Section 65J deals with the effect in the Territory of a travel permit issued by another state. An escort from another state is authorised while in the Territory to hold, take and keep custody of the prisoner travelling to or through the Northern Territory pursuant to a permit issued by another state.

Section 65K is an important provision. It deals with what is to happen when a prisoner from interstate escapes from custody authorised under section 65J. In those circumstances, an escapee can be apprehended by an interstate escort, Northern Territory police or any other person and is to be taken before a magistrate. A prisoner from interstate who attempts to escape custody is also to be taken before a magistrate. The magistrate may, by warrant, order the prisoner's return to the state in which the travel permit was originally issued. A person who is the subject of such a warrant may be detained by the Director of Correctional Services until delivered into the custody of an escort or for 7 days, whichever occurs first. The warrant ceases to have effect if the person is not delivered into the custody of an interstate escort within 7 days. Section 65K(7) sets out what constitutes an interstate escort in these circumstances.

That is an outline of provisions relating to the system of supervised interstate custodial permits. I would like to make a couple of points in case there are any misconceptions about how the interstate permit system will operate here. Firstly, it is envisaged that use of the permits will be minimal. They will be used primarily in meeting duty-of-care obligations the
Territory has in respect of prisoners in circumstances where the health authority recommends treatment outside the Territory. On average, this happens only about once a year. Prisoner requests to go interstate will have to demonstrate that exceptional personal circumstances exist before they will be considered. Verification processes will put the onus on the applicants rather than using administrative resources within Northern Territory Correctional Services.

Finally, clause 8 of the bill lists a series of minor amendments to remove gender specific language from the Prisons (Correctional Services) Act. I commend the bill to honourable members.

Debate adjourned.

 

[Index] [Search] [Bill] [Help]