Northern Territory Second Reading Speeches

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PRISONS (CORRECTIONAL SERVICES) AMENDMENT BILL 2001

Mr Speaker, I move the bill be now read a second time.

This bill seeks to restore the unfettered right of the Director of Correctional Cervices to transfer prisoners between prisons. The need for the proposed amendment to the Prisons (Correctional Services) Act has arisen from the continuing frustration that the administration of the prison system and the high cost of justifying what are quite reasonable management decisions by the Director of Correctional Services.

It was long understood the Director had this ability and the function had been exercised for many years until challenged in the courts last year. The challenge was a long and expensive exercise and as a result of the Supreme Court ruling, Correctional Services reviewed its process. It has tightened up the procedural fairness and ensured natural justice was afforded in considering all transfers.

All prisoners have the right of appeal against a transfer and subsequent to the ruling by the court, Correctional Services revised the protocols to ensure prisoners were made fully aware that they may be transferred to another prison to serve a portion of their sentence and of their appeal right. Prisoners were also made aware of the criteria the agency uses to assess suitability for transfer and appeal procedures. Help is provided by prison staff preparing appeals and all appeals are handled expeditiously within Correctional Services with the prisoner being advised promptly of the outcome of the appeal.

Members might be aware this very matter was recently challenged yet again in the courts with the court finding in favour of the Director’s decision and in doing so endorsed the agency’s process. Notwithstanding the recent ruling, government wants to send a clear message to prisoners. The message is: while they are serving a sentence of imprisonment for offending against a community, they are subject to the control of the Director of Correctional Services. As part of the deprivation of liberty that goes with imprisonment, prisoners may expect that a portion of their sentence will be served in a prison outside where they formally live. With the vast expanse of the Territory, many prisoners are already imprisoned well away from their homes and communities. This is an inescapable fact - no pun intended.

The Northern Territory government, as with every other jurisdiction in Australia, is simply unable to meet fully the recommendations of the Royal Commission into Aboriginal Deaths in Custody relating to imprisonment close to the offender’s community. This has long been recognised and Correctional Services employs a range of strategies, many not matched anywhere else in Australia such as limited subsidised access to video conferencing facilities for virtual visits to maximise the maintenance of links with family, friends and communities for prisoners during their period of imprisonment.

The bottom line is the government has two prisons and it is the Director of Correctional Services’ responsibility to ensure both prisons operate and function as efficiently and as effectively as possible. This will always necessitate the transfer of prisoners between the two prisons to optimise accommodation and staffing and infrastructure resources. Such transfers should not be subjects to protracted, frustrating and expensive hurdles imposed by persons who have been found guilty of an offence against the community and because of the severity of the offence have had their liberty withdrawn by the proper authorities.

This government will not be dictated to by such persons. The government expects that once a person has been found guilty and placed in prison, the Director of Correctional Services will have the ability to control the prisoner and deliver an efficient and effective prison system. This bill seeks to ensure that ability is maintained. I commend the bill to members of the House.

Debate adjourned.


 

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