Ms ROSOL question to MINISTER for CORRECTIONS AND REHABILITATION, Ms OGILVIE
Today, the Custodial Inspector will table the inhumane treatment in dry cells review report, which confirms that people held in dry cells have been treated inhumanely in Tasmanian prisons. The custodial inspector has also expressed concerns that people in custody and Tasmanian Prison Service staff are both at risk of reprisals for raising concerns with his office. This follows concerns raised in the 2022‑23 Custodial Inspector annual report, which says:
There are no protections for people who do come forward to report issues to my office. There should be.
You just listed a range of protections, but the Custodial Inspector specifically referred to the need for urgent legislation. When will you introduce legislation to amend the Custodial Inspector Act 2016 to provide for protection from reprisal, including the introduction of penalties for reprisals against people who report concerns?
ANSWER
Honourable Speaker, I thank the member for the question. As I have said, I am advised that the TPS has commenced work on addressing the recommendations that have been made in the last report. While the Custodial Inspector has called for protection from reprisals for people who raise concerns with his office in the media release, I note that he acknowledges that he has received no reports of reprisals against staff who reported concerns about dry cells.
To go a bit further, because it is obviously a topic of interest to the House, dry cell management involves the isolation and observation of a prisoner suspected of internally concealing items. That is important. The TPS follows this process to ensure the safety of individual prisoners as well as the safety of other prisoners and of staff. One of the greatest risks to the operation of safe and secure facilities is the introduction and movement of contraband. To ensure the safety of staff, visitors, prisoners and remandees, safe systems that detect contraband must be in place. Concealed items have the potential to cause serious injury or death in a prison environment.
Where there is reasonable suspicion that a prisoner is in possession of contraband, the TPS must act to ensure safety for everyone who might be impacted. The TPS has always sought to balance the need to safeguard the prison and to protect prisoners, staff and visitors with the need for humane treatment of prisoners subject to dry cell management.
The department has acknowledged and accepted the recommendations in full and has commenced working on addressing these recommendations. The impending commencement of the use of body scanners is expected to provide an opportunity to consider how dry cell management is used, or even cease the use of dry cell management altogether. Body scanners will be able to detect objects on or inside a person’s body and clothing without the need to physically remove items of clothing or make any physical contact with the person being searched, which is preferable. Scanners will have a positive impact in correctional facilities through increased safety, and they will provide an opportunity to potentially move away from dry cell management through the removal of doubt.
You have asked about the Custodial Inspector’s media release issued on 5 August, in which the Custodial Inspector calls for changes to the act to prevent reprisals against those making referrals to his office. He also noted that, thankfully, so far:
I have heard no reports of reprisal towards the staff who raised concerns with us about the treatment of people in dry cells.
I note the view of the Custodial Inspector that changes are required to the act, but I am not aware of there being an issue with people not being comfortable to share information with the Custodial Inspector due to fear of reprisal. However, if that is an issue, I am open to hearing more.
The SPEAKER – The minister’s time has expired. I am assuming there is a supplementary question from the member for Bass.
SUPPLEMENTARY QUESTION
Ms ROSOL – I have not received an answer to my question asking when legislation to amend the act would be introduced.
The SPEAKER – The preamble, I believe, has been addressed by the minister. There is still the question of when is the minister able to provide additional advice to the House on the timing. Thank you, minister.
Ms OGILVIE – I am pleased to be able to give you additional information. We have not committed to introducing any sort of legislation. As I have said –
Dr Woodruff – Shameful.
The SPEAKER – I will allow the minister to be heard in silence.
Ms OGILVIE – As I have said, I note the Custodial Inspector’s views that changes are required to the act. I am happy to listen to those. I believe the work we are doing around dry cell management, particularly with body scanners, is a positive step forward.
