Northern Territory Second Reading Speeches

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

PRISONS (CORRECTIONAL SERVICES) AMENDMENT BILL (NO. 2) 2000

Mr Speaker, I would like to advise honourable members that tomorrow I will be seeking to suspend standing orders to have the Prisons Bill passed through all stages of the sittings.

Bill presented and read a first time.

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

The purpose of this bill is to amend the Prisons (Correctional Services) Act to allow the officer in charge of a prison the power to order the interception, opening, inspection and reading of incoming and outgoing prisoner’s mail, including documents passed during a visit, which is either from or to the prisoner’s legal practitioner. Upon making such an order, the mail is to be opened, inspected and read by a statutorily appointed legal practitioner. The bill also gives the officer in charge of a prison the power to order that a visit between a prisoner and his legal practitioner be visually monitored; intercept, open and inspect general mail despatched or received by a prisoner; and disclose information obtained from mail if it would assist law enforcement generally.

Acting on intelligence received, a prison officer recently opened an envelope from a prisoner addressed to his legal practitioner and found three separate letters in it addressed to third parties. The letters were not in envelopes but were folded and taped to prevent reading and had full delivery addresses printed thereon. There was no letter or note to the legal practitioner inside the envelope. The contents of these letters were disturbing including threats of violence and references to offences committed in the Territory and interstate. There was also a request to provide a mobile phone to the prisoner which if obtained would have caused a serious breach to security. The letters were not forwarded and the prisoner was advised.

The Prisons Correctional Services Act presently treats mail to and from legal practitioners as privileged. The proposed amendments seek to allow the officer in charge to order the opening of incoming and outgoing prisoner’s mail addressed to or from a legal practitioner if he is of the opinion it may contain material that may jeopardise the security and good order of a prisoner, prison, or police prison. The officer in charge may also make such an order to prevent the breach of a law enforced in the Territory or elsewhere.

When the officer in charge makes an order to open mail despatched to or from a legal practitioner the mail will be opened, inspected, and read by an independent statutory appointed person who is a legal practitioner of not than less than 10 years standing. If after being inspected the letter is found to contain material other than a legal letter between the prisoner and his legal practitioner, the contents maybe censored, destroyed or retained by the director, or returned to the prisoner. The act presently provides that visits to a prisoner by his or her legal practitioner and his or her interpreter shall not be monitored and that a document passing between a prisoner and his or her legal practitioner during a visit shall not be inspected or censored. This protection is currently absolute.

To ensure consistency with the proposal in relation to incoming and outgoing mail the act is amended to provide that where the officer in charge of a prison is satisfied it is necessary to do so, he may order the inspection of a document passing between a prisoner and his or her legal representative in the same manner described previously. In order to enforce the proposed amendment, the officer in charge should have the power to order a visit between a prisoner and his or her legal practitioner to be monitored visually. The act currently only provides for letters or parcels despatched by a prisoner to be intercepted, opened, and inspected. It is considered necessary for the security and good order of a prison or prisoner that the officer in charge of a prison may also intercept, open, and inspect letters or parcels received by a prisoner.

Section 49(1)B of the Act provides that if the contents of letters or parcels inspected contain, amongst other things, subject matter that would constitute a breach of the act the regulations or any determination of the director made under the Act the director has certain powers to censor, destroy etc such letters or parcels. This provision should be expanded to cover material that would constitute a breach of other laws of the Territory or elsewhere. Disclosure of the information obtained from the current monitoring scheme is governed by section 51 of the Prisons Correctional Services Act. This provides the director or an officer shall not unless the prisoner agrees disclose any information obtained from the supervision, monitoring, or recording of a visit between a prisoner and visitor or from the censorship of any letter or parcel despatched by the prisoner unless the disclosure is necessary to maintain the security and good order of a prison, prison or police prison, to prevent the breach of a law enforced in the Territory or to obtain medical treatment for a prisoner.

The circumstances in which information can be disclosed are too narrow and should be expanded to include law enforcement generally. For example, if evidence of offences past or future in the Territory or interstate is uncovered where a mail item or document is read, it should be able to be passed to the relevant law enforcement agency. The independent statutory appointed legal practitioner should also have the power to disclose information as to possible professional misconduct of a legal practitioner to the Attorney-General and the Law Society of the Northern Territory.

I commend the bill to honourable members.

Debate adjourned.

 

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