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Women in Prison : a report by the Anti–Discrimination Commission Queensland

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1. Preface

In June 2004, the Anti–Discrimination Commission Queensland (ADCQ) received a submission from the advocacy group for female prisoners, Sisters Inside Inc, entitled Submission of Sisters Inside to the Anti Discrimination Commissioner for the Inquiry into the Discrimination on the Basis of Sex, Race and Disability Experienced by Women Prisoners in Queensland. Of concern to Sisters Inside Inc was the treatment of female prisoners generally, in particular Indigenous women and women with disabilities within the Queensland corrections system.

Given the wide range of matters raised by Sisters Inside Inc and that women prisoners, despite their increasing numbers, have generally not accessed the complaint process, the ADCQ decided to conduct a review. The review sought to research and consult on the treatment of women in Queensland prisons on the basis of gender, race and disability, rather than dealing with individual complaints. In conducting this research and consultation the ADCQ has relied upon sections 235 and 236 of the Queensland Anti–Discrimination Act 1991 (ADA) which sets out its functions and powers.

The ADCQ has the functions of undertaking research to promote the purposes of the ADA, to consult with various organisations to ascertain means of improving services and conditions affecting groups that are subjected to contraventions of the ADA and to promote an understanding and acceptance, and the public discussion of human rights in Queensland.

The Queensland Department of Corrective Services (DCS) on behalf of the Queensland Government is required to provide corrective services, with the goal and purpose of:

'community safety and crime prevention through the humane containment, supervision and rehabilitation of offenders.'[1]

The focus of the ADCQ’s research and consultation review ('the review') has been to understand the extent to which the DCS has achieved that goal and purpose in relation to all female offenders, and whether the means of achieving that goal is done in a non–discriminatory manner in accordance with the provisions of the ADA.

The ADCQ has used several sources of information to prepare this report of the review. A range of relevant stakeholders was notified of the review in writing. The ADCQ placed a public notice in the Courier-Mail on 7 August 2004, inviting interested persons to lodge submissions with the ADCQ on matters they considered important to the review. Relevant material was published on the ADCQ website, including a copy of the submission made by Sisters Inside Inc .[2]

The DCS provided the ADCQ with a detailed submission on issues raised by the review on 10 September 2004, 8 October 2004, 9 August and 14 December 2005 respectively. Sisters Inside Inc provided further submissions on 10 and 20 September 2004 and on 13 December 2005.

The ADCQ wrote to official visitors, chaplains, elders, respected persons and spiritual healers [3] at each of the correctional facilities for women to inform them of the review and request their views on issues that it covered. The ADCQ also wrote to each of the external psychiatric specialists and psychologists who provide mental health services to women in prison. Letters were sent via the General Manager of each female prison to both corrective services’ staff and prisoners informing them of the review and inviting their input through submissions and or private meetings with ADCQ representatives.

The ADCQ received 32 written submissions from individuals and organisations, and met individually with a number of stakeholders and experts.

ADCQ representatives conducted a series of closed session round table meetings and took the opportunity to walk and talk with female prisoners at:

  • Brisbane Women’s Correctional Centre (BWCC) on 28 September, 12 and 25 October 2004 and 27 January 2005;

  • Numinbah Correctional Centre (NCC) on 7 October 2004;

  • Helana Jones Community Correctional Centre (HJCCC) on 31 November 2004;

  • Townsville Women’s Correctional Centre (TWCC) on 16 December 2004; and

  • Warwick Women’s Work Camp (WWWC) on 25 January 2005.

The ADCQ held talks with the General Manager of each of the women’s prisons at the time of our visits, and met for round table discussions with groups of ex–prisoners on 19 and 20 October 2004.

The ADCQ met with:

  • the Honourable Judy Spence, Minister for Police and Corrective Services;

  • Mr Frank Rocket, the Director General of the DCS; and

  • key DCS staff including:

    Mr Michael Airton - Offender Assessment and Services Executive Director;
    Ms Lidia Pennington - General Manager, Custodial Operations;
    Dr Tony Falconer - Director of Health and Medical Services;
    Mr Peter Bottomley - Director of Ethical Standards;
    Mr Andrew Brown - Acting Director Legal Services;
    Mr Dimitri Petinakis - Project Director of Managing Growth in Prison Numbers and
    Mr Forbes Smith - recently appointed Chief Inspector of Prisons.

The information we have gathered through submissions, meetings and round table discussions is qualitative rather than quantitative. Although excellent research already exists in this field, a great deal still needs to be done. We have used existing research as a background when analysing our own views. We acknowledge our debt for the high calibre work that has occurred to date.

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1.2 Acknowledgements

The ADCQ would like to acknowledge the assistance we have received from the DCS, Sisters Inside Inc, the round table participants and those individuals and organisations that took the time to prepare submissions or to meet with the ADCQ. We wish to thank the General Manager of each of the prisons we visited, and their staff for welcoming us into their facilities and ensuring everything possible was done to accommodate us.

The ADCQ also acknowledges the invaluable assistance provided by Ms Donna Meiklejohn, and Associate Professor Justin Malbon (Griffith University School of Law) in preparing this report.

Finally, we owe our sincere thanks to the women who spoke to us in closed meetings, of their experiences, often when they were still separated from their homes and families by incarceration. Many wanted to be interviewed in the hope of improving the situation for other women who may be entering the Queensland correctional system in the future.

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Endnotes

1. Corrective Services Act 2000 (Qld) s 3.
2. http://www.adcq.qld.gov.au
3. Appointed pursuant to Corrective Services Act 2000 (Qld), Parts 6-7.

 

Table of Contents for Women in Prison report

 

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© 2002 Anti-Discrimination Commission Queensland;     last amended 20th March 2006 End of page.