Here is a quick report on our Human Rights Commission approach on Framed (the quarterly magazine of Justice Action) being banned from all NSW prisons. After 42 issues went in.Following our successful approach to HREOC in March 2001 on the Queensland government's rejection of Framed, we went back to HREOC. It had previously resulted in almost full access to all prisons in Australia, except the NT.
This time however, Corrective Services Commissioner Ron Woodham has decided to fight back. He was sent a letter by the HREOC asking him to respond to several questions regarding the past and present distribution of Framed in NSW prisons. Instead of responding to the questions, he responded to the HREOC epilogue, "I am also happy to consider anything you may wish to put to me as to whether I should continue with this inquiry."
To this, Woodham replied 10/2/03 that:
1) "Human Rights" only exist because the Commission says so.
2) The concepts of "act" and "practice" are defined differently in different situations. (The spin begins.)
3) In this situation, they are defined by Section 3 ("an act done by or on behalf of the Commonwealth or an authority of the Commonwealth")
4) NSW jails are run under State laws, even if prisoners are inside for Federal offences, therefore the Act doesn't apply to us.
5) Even if the Act applied to us, you don't have the power to do anything about it anyway. ("In any event, the ICCPR does not found justiciable rights.")
It was Woodham's opinion that the HREOC should not continue with the inquiry.
The matter hinges on the phrase "act done by or on behalf of the Commonwealth". In order to prove that Federal prisoners are under the jurisdiction of the HREOC, they have requested statements from Federal prisoners who have been denied access to Framed because of the actions of the Department.
We sent an urgent request out to our friends in NSW prisons. Unfortunately, many of the letters were intercepted, opened, and returned.
We received independent verification that these prisoners are in the jails. Woodham may think he's headed off the requests, but some got through as evidenced by this heartwarming letter:
"I received your request this morning and I personally know 6 federal long term inmates who are all happy to help. They have signed the letter. Its our pleasure to assist JA in any way we can."
The battle continues...
By Justice Action 27 Feb 03
Related:
Prison Privatisation: Death camps looming in NSW
I asked for the identification of the person I was speaking to and was told that I was not entitled to that information. I needed to verify the call and asked for a name or number to register my call because I was asked to get those details by my coordinator.The person refused to identify themselves either by name or number. I asked to be transferred to a senior person and was refused. The person I spoke to then hung up the phone.
Justice Action criticises Govt's victim voice policy
Victims are not being properly considered in compensation and no expression is given to them, of community goodwill. A spokesperson for Justice Action Mr Brett Collins said, "No community expression or concern is given to the victims of crime. They feel their pain is not acknowledged by the government which tries to balance pain against pain. Never! The community is being misled."
NSW education professor warns further commitment needed
The author of a report on the New South Wales education system has urged the major political parties to do more for education in the election campaign.
Coalition proposes to exploit children
The Coalition says it would reform juvenile justice in New South Wales to require the courts to "get tough" on juvenile crime.
Corrections Victoria and criminal acts: SCS-4\320 UPDATE
You have stated "Section 30 of the Corrections Act 1986 and the Information Privacy Act 2000, restricts the release of confidential information regarding prisoners, I therefore am unable to provide any information regarding this matter."
Death camps looming in Victoria
A letter was received on 15 January 03 from SCS-4\320 a remand prisoner in Victoria's Barwon Prison I later found out that the prisoner was in the Acacia High Security Unit.
Jail search finds knives, syringes
Mr Brett Collins a spokesperson for Justice Action said, "It shows there is a lot of desperation in the prison system at the moment and has been for some time."
Take crime talk beyond the bars:'lobby group'
A coalition of academics, crime experts, welfare and church groups is preparing to launch an intensive pre-election campaign aimed at refocusing the attention of NSW politicians from harsh sentencing reforms to crime prevention strategies.
Six weeks, six months, six years: inmates have little chance of making fresh start More than 15,500 people are released from NSW prisons each year, twice the number of 20 years ago. But new research shows many ex-prisoners find it impossible to reintegrate into society and, months after release, are worse off than before they went to jail.
Fiona Stanley, the children's crusader
It is all about prevention. As Fiona Stanley sees it, with one in five Australian teenagers experiencing significant mental health problems, there are just not enough treatment services to cope with the demand.
Attempted thong theft costs $560
A man has been fined $500 after appearing in a northern New South Wales court charged with stealing a pair of thongs.
NSW A-G moves to stop criminals and ex-criminals selling stories
From next month criminals or ex-criminals who try to profit (earn a living for paid work, like writing a book etc..) from their crimes in New South Wales will have the proceeds confiscated.
NSW Govt criticised over criminal justice record
Key criminal justice groups have described the New South Wales Government's record on justice issues as a "disappointing performance".
APPOINTMENT OF KLOK IS: 'DECLARATION OF WAR'
The decision of the Carr government to appoint John Jacob Klok as the new Assistant Commissioner for Corrective Services in charge of security represents a statement of contempt to all those concerned about law and justice in NSW.
How NSW Dept of Corrective Services spent $800,000 dollars to rehabilitate a Sydney man sentenced to life for second murder! A spokesperson for Justice Action Mr Pro Grams said, "Well it's your money, how would you like it spent? And what do you think about rehabilitation on behalf of the Department of Corruptive Services?
Prisoners Representatives Excommunicated
Ron Woodham, Commissioner Corrective Services stated "[this Department] does not recognise Justice Action as an advocate on correctional centre issues." He has ordered a ban on all Justice Action material inside the NSW prison system. This resulted from a request for the approval of the latest edition of Framed (the Magazine of Justice Action) to be distributed throughout NSW prisons as has occurred for the past ten years.
Academic devises scheme for low income earners to pay back fines:
A professor at the Australian National University [another one of John Howard's hand picked losers like Peter Saunders the social services head-kicker has come up with a scheme which could see low income earners pay back criminal fines over a period of time.
Dept of Corrective Services: Rotten Ron Woodham on the ropes
This is The Freeedom Of Speech and The Press in a goldfish-bowl! Herr Goebells has spoken. Zieg Heil! (Which means, actually: "aim-for health!" incidentally)Apologies for not making meetings ... my first experiences with Woodham (then a -screw-gestapo-minor-with-a-friendly-dog - AND YOU KNOW WHAT IT MEANS WHEN EVEN HIS DOG DOESN`T LIKE HIM?)
At the Minister's Pleasure The case of Michael Kelly
Michael is caught up in a particularly cruel version of the game of Cat and Mouse. Because he is classified as a forensic patient under the Mental Heath Act of NSW, the Minister for Health is his master, not the Minister for Corrective Services. And the Minister for health will not let him go.
EX-PRISONER UNEMPLOYMENT: SENTENCED FOR LIFE
Name removed by request served time in prison decades ago. Shes still being punished today. According to commonwealth and state legislation, ex-prisoners applying for jobs must declare any conviction that fits into the following categories: less than 10 years old, more than 10 years old but served more than 30 months in prison.
ARE YOU INNOCENT?
The Australian Law Reform Commission had recommended that the Innocence Panel be independent and have the power to investigate alleged miscarriages of justice.
RESTORING TRUE JUSTICE:
Australian prisons are fast becoming the new asylums of the third millennium. The prison industry is booming, while Australia spends far less on mental health services than similar countries.
NSW Department of Corrective Services attack right to privacy
Corrective Services Minister Richard Amery has a problem attacking prisoners right to privacy.It seems to us that a civil society is best served when social justice laws are applied to all people regardless of their circumstances. Once government starts making exceptions which disadvantage certain groups and individuals, such laws are meaningless.
Litigants are drowning: in the High Court
There were so many self represented litigants appearing in the High Court that more than half of its registry staff's time was taken up in dealing with them. The "go it alone" litigants have to take on tasks well above their qualified league causing them stress. This growing problem cannot be left unchecked.
Everyone wants to get out of 'jail' but 'Framed' wants life: Rotten Ron on the ropes On 2 May 2002, Justice Action received a faxed letter from Manager of DCS Operations Support Branch saying that, in his view, articles in Framed edition #42 'lack balance and integrity' and he is therefore 'not prepared to recommend this issue of Framed for placement in to correctional centre libraries.' Prisoners and those concerned about prisoner issues have very few sources of information.
Methadone addicts formed within: 'NSW Prisons'
The New South Wales Opposition has accused the State Government of turning jailed heroin users into Methadone addicts.
Murder charge first for DNA data bank link, but not the same as solving the murder Mass DNA testing of prisoners has [allegedly] led to the first NSW case of a person being charged with a previously unsolved murder as a result of a controversial gene-matching data bank.
Medical Records: Alex Mitchell's lost world
Perhaps we can get your medical report and spew it around publicly so you can see how it feels. But surely we do not have to go that far. And of course we are law-abiding citizens and I should think it would be enough to remind you of your ethics to report at all.
Prisoners can prove innocence for $20?
Les Kennedy Daily Telegraph reported today that" Prisoners who believe that DNA will prove they were wrongly convicted will have the chance to prove their innocence for a mere $20 administration fee. The move comes 20 months after NSW inmates were asked to provide DNA for comparison with a databank of DNA from unsolved crime scenes for possible convictions.
NSW opposition pledges review of detention laws
A spokesperson for Justice Action Ms Anal Advice said " NSW Prisons are a sex offence if you have been raped, bashed and squatted down to be strip searched. People should be diverted from going there at all material times".
Civil libertarians condemn planned changes to prisoners' privacy rights The New South Wales Government is using a recent case involving [framed] serial killer Ivan Milat to justify its decision to remove the privacy rights of prisoners. But really just another attack on Ivan Milat from Parliament House.
The punishment: Is the 'crime'
The punishment is the crime according to retired chief Justice of the Family Court of Australia Justice Alistair Nicholson. "Smacking a child ought to be seen as assault".
Mr. & Mrs. Mandatory Sentencing
Well congratulations to the bride and groom. Could you please be upstanding and raise your glasses for Mr. And Mrs. Mandatory.
Just wipe your arse on Ivan again Minister?
Mr Amery Minister for Corrective services has a problem with finding a toilet roll to wipe his bottom. Justice Action is appalled at the attacks by Amery and others in parliament on Ivan Milat's right to privacy and their attacks on the Privacy Commissioner and his office.
NSW Parliament Bitter Pills To Swallow?
One delusion pill: So people who investigate their own mistakes make sure there was no mistake or someone else made the mistake. Perhaps you're not biased and you will be honest about it.
NSW prisons - primary industry bailed up!
In many quiet regional centres around NSW there is a new primary industry shaping up. It has something to do with Bail but not with bales. The minister for Agriculture Richard Amery who also has the prisons portfolio is now committed to farming prisoners.
Chronology - A History of Australian Prisons
[Allegedly:] The events that have shaped NSW prisons - from convict days through royal commissions, to the Supermax of today. [I say allegedly because no one should trust Four Corners [Walls], why? Because they spill out the propaganda of the day for the Government, whether it be wrong or right. A government that lies and has no remorse about it.]
Black Nexus
The Separation of Powers Doctrine is nowcontaminated witharangeofcolours, now leaving us with a black shirt on a once blue bridge that crossed that thin blue line. The 'Amery and Woodham show'.
Prison Mind Games-Do they exist?
Directives are given inside the prison system that are not consistent with the law in NSW. And not in the good interests of the health and well being of the prisoners.
The Government is likely to abolish the Inspector General of Corrective Services position The Mulawa inspection report recommendations below strictly illustrate how important he is.
