Robert FardonHere is a case where a person decided to take sex without consent because he didn't know how to relate to the community in order to socialise with respect, to get sex by consent. Or he chose to dominate another person because of his low self-esteem or self-worth.
He went to prison and was not correctively given the education or social skills required to take responsibility for what he had done (offending behaviour) and find a better social response, in trying to satisfy his sexual desires or other needs. He was subsequently released from prison and he re-offended, alleged to have committed the same offence.
Did this person get side-winded in prison from his goal in respect of the knowledge he lacked when he went to prison? Was he presented with other problems opposed to his own that needed his attention like survival in a prison setting?
Nevertheless, this person is seen as a problem and he may well be, if he attained no new skills while he was locked away for years. What a disgrace now that the Queensland Government has acted with contempt for all human kind by reacting to a system that failed by making laws that are unconstitutional.
Not just that, but laws that de-value a human being as dogmatic and that is a disgrace. Having people serve time in a self-perpetuating system without a result for the many thousands of dollars over the 14 years Fardon has spent behind bars.
The Queensland Government will find out today whether new laws enacted to keep dangerous prisoners in jail are unconstitutional. The Government passed the dangerous prisoner's act to keep violent offenders in jail indefinitely.
The Act faces its SECOND test after the Attorney-General asked Supreme Court Justice John Muir not release 54-year-old Robert John Fardon. He's due to be freed from the Townsville jail tonight after serving 14 years for raping a woman in 1988.
Justice Muir heard evidence yesterday that Fardon committed the crime just days after being released for a similar offence against a 12-year-old girl. He also [allegedly?] heard that Fardon does not want to be freed, [allegedly ?] telling authorities that he is prepared to commit murder to ensure he is returned behind bars.
But the prisoner's legal service says the dangerous prisoners act is unconstitutional as it tries to tell the courts what to do.
Justice Muir reserved his decision to this morning.
By I Didn't Scrutinise The Bill 27 June 03
DANGEROUS PRISONERS (SEXUAL OFFENDERS) BILL
All Stages; Abridgment of Time Hon. A. M. BLIGH (South BrisbaneALP) (Leader of the House) (10.23 a.m.), by leave, without notice: I move
That so much of the standing and sessional orders be suspended to enable the Dangerous Prisoners (Sexual Offenders) Bill to be able to pass through all its remaining stages at this day's sitting.
Mr WELLINGTON (Nicklin Ind) (10.24 a.m.): In speaking to the motion that the bill be identified as an urgent bill, I ask the minister and mover of the motion: notwithstanding that this bill is set to pass through all stages as an urgent bill, will the minister refer this bill to the Scrutiny of Legislation Committee for consideration?
I refer the minister to section 84(2) of the Parliament of Queensland Act, which I will quote for the benefit of the other members. This section refers to the powers of the Scrutiny of Legislation Committee to scrutinise bills before the House. Section 84(2) actually states The committee is to also deal with an issue referred to the committee by the Assembly or under another Act, whether or not the issue is within its areas of responsibility.
The reason I ask the minister this question is that this is the third time in as many days that we have seen important bills introduced into this House which have not been considered by the Scrutiny of Legislation Committee. On my understanding of the terms of the committee, it is not allowed to be considered. I refer members to a bill debated recently, the Major Sports Facilities Amendment Bill.
Then last week we had the Vegetation (Application for Clearing) Bill. Now this morning we have this very, very important bill, the Dangerous Prisoners (Sexual Offenders) Bill. I certainly am not opposing the consideration of this important bill. However, I am seeking an assurance from the Leader of Government Business, the minister who has introduced this bill, that she will not overlook the very important committee structure that we have in this parliament.
We do not have an Upper House. We do not have a house of review. All we have is this House. A number of years ago a previous government set up a committee process so that important pieces of legislation could be considered in a bipartisan way. This is the third time in as many days that this committee process has been usurped. When I spoke on the Major Sports Facilities Amendment Bill I asked the mover, the Treasurer, if he would consider referring the matter to the committee.
Then when I spoke on the Vegetation (Application for Clearing) Bill, I also asked the Minister for Natural Resources if he would consider referring that matter to the committee. I also ask the mover of this motion if she will consider referring this very important bill to that committee, notwithstanding that it is set to pass through all stages today. I note that the committee is scheduled to have a committee meeting tomorrow.
Ms BLIGH: I thank the honourable member for the points that he has made. I can say that the government appreciates how important it is that this House has the opportunity to have full scrutiny of bills and how important the work of the Scrutiny of Legislation Committee is.
While there have been a number of bills recently that have had to be considered on a basis of urgency, I do think it is fair that the member recognise that that is not a usual practice and that there has been a reasonable basis for that in the case of each of the three bills.
However, in relation to this special bill, I am advised that the bill was provided to the scrutiny committee yesterday, that the committee chair has had a discussion with the minister and that he has advised that the committee will consider the bill, that it can report to the parliament retrospectively. I would hope that satisfies
Mr WELLINGTON: Point of order, Mr Speaker. The committee has not considered this bill. We have not met.
Mr SPEAKER: Order! This is not a time for debate.
Ms BLIGH: I clarify that I did not say that the committee had considered the bill; I said that the bill had been forwarded to the committee and, as I understand it from the minister, who has had a discussion with the chair of the committee, it is the intention of the chair to bring it to the committee's attention and the committee can report to the parliament retrospectively.
Motion agreed to.
Related:
Prison rehab programs in 'disarray': Opp
The New South Wales Opposition says rehabilitation in the state's prisons is in disarray. But the states prisons could never rehabilitate in the first place. So how can it be in disarray? The space station as it is known cannot rehabilitate because it's only a dot on the community map, as it were, in relation to how people were raised.
SENTENCING RIVKIN: BRAIN SURGERY OR SUICIDE?
A proper Sentencing Council, such as the one proposed by the Carr Government, would not have sent Rene Rivkin to jail, locked up as a slave in a box.
RESPONSE TO REVIEW OF INSPECTOR GENERAL OF PRISONS
Justice Action calls for the retention of the office of Inspector General and a restructure of the legislation making it truly independent.
Rene Rivkin: Beam me down Scottie! - We gotta get out of this space At best a prison is only a Space Station. Nothing more nothing less and it doesn't matter how much money or resources are spent on prisons they're only a candle light for human growth and survival, opposed to the sunshine and the benefit and resources of the whole community.
Old bureaucrats to say whether they felt there should be an effective inspector of bureaucrats?
JA is urgently working on a response to the 31 page review of the position of the Inspector General of Corrective Services position released by the Minister on10/6/03.
High Risk Management Unit (HRMU) INSPECTION
This letter is to request permission for an independent inspection team to examine the 75-cell HRMU at Goulburn Jail. The proposed inspection team consists of specialist doctors, jurists, members of the Corrections Health Service Consumer Council and prisoners representatives.
MJA - BBCD Outbreaks in NSW prisons
Seems some of our friends in & around Corrections Health Service (CHS) were able to take advantage of a couple of recognised cases of needle sharing by HIV positive prisoners to gather data for a study.
Intractables
As an ex-Grafton intractable (1971-1975) and the only living ex-prisoner to have served the longest time inside Katingal (1975-1978) I feel qualified to offer the following personal observations:
Intolerable Conditions of Prisoners at Goulburn's HRMU
We wish to with respect, level a serious complaint against the Chief Executive Officer, Corrections Health Services, Dr Richard Matthews.
SIX YEARS IN HELL - The Sorry Saga of Ivan Robert Milat
This month, May 2003, Ivan Milat will have spent six years in segregation/isolation without any charges, enquiry, or breach of prison rules levelled against him.
NSW death in custody, false imprisonment, and assault
Knight's case sparked headlines after it emerged that his suicide in John Moroney Correctional Centre [prison] in Sydney on January 22 occurred 18 days after his official release date.
Victorian (Australia) Juvenile Deaths in Custody & Post-Release has just been published on the British Journal of Medicine Quotes (BJM): "The risk of death was nine times higher in male offenders than in the reference Victorian male population. Although the estimate is unstable because of the small number of deaths, female offenders seemed to be about 40 times more likely to die than the reference Victorian female population."
The Criminal Law (Rehabilitation of Offenders) Act 1986 Qld
The Criminal Law (Rehabilitation of Offenders) Act 1986 (Qld), requires that any person who has committed an offence which is less than 10 years old or which resulted in a prison sentence of more than 30 months, must disclose that offence if requested eg. for employment purposes. If a criminal record is disclosed in a job application, it is unlikely that person will be given the job.
NSW Serious Offenders Review Council
In response to a letter we have received from Mr K C who has said that he is serving 24 years and 10 months commencing on 29/8/1991 with his earliest release date being 28/6/2016 with 4 years parole and full time 28/6/2020. He said that he contacted the Serious Offenders Review Council in writing but received no response.
Justice Action's complaints about ACM to the NSW Ombudsman fell on deaf ears The Federal Government is reviewing allegations that the company it pays to run Australia's detention centres the same company who runs Junee Jail in NSW has fraudulently reduced staffing levels in at least one centre to increase its profits.
Token Parole Board reforms silent on Govt bungle
The Carr governments token reforms of the Parole Board are minimalist and still fail to explain the election cover-up of mismanagement, which contributed to an inmate's [a prisoners] death.
PAROLE BOARD REWARDED? FOR DEADLY MISTAKE
The Justice Minister has released government reforms to the Parole Board following the death of an aboriginal inmate, which was due to a Parole Board error.
Sentencing innovation breaks vicious circle of jail terms
"Three months' jail for one punch in a pub fight is too much," said the victim. The victim's comment counted because he and the offender, Robert Bolt, a Nowra Aborigine, were making history in the first case of circle sentencing, a new way of deciding punishment for indigenous offenders.
Letter from the mother of a prisoner on remand at the High Risk Management Unit Goulburn Correctional Centre I am writing to give you permission to make any inquiries on my behalf as I am invalid pensioner who doesn't drive and been only well enough to travel by train once in 15 months to see my son Scott Simpson. I have enclosed a copy of Scott's letter and also a copy of gaol papers form I have to fill out and wait to see if I'm allowed in to see him. He doesn't get any visits. He is in the Supermax and deprived of any privileges not even legal Aid will fund a solicitor to see him in Goulburn.
WA Jail trade in 'sex for favours'
THE West Australian Government has ordered an inquiry into claims guards at Perth's main women's prison are trading favours for sex, and encouraging inmates to form lesbian relationships.
NSW prisons over-crowded. Gov't orders investigation into death in custody
In January this year, a 23-year-old Aboriginal prisoner was found hanging in his cell in a Sydney jail 18 days after he was due to be released.
Yes Minister: 'Justice Action meets John Hatzistergos Justice Mininster' We have taken a few days to pass this on, as we wanted clarification of the minister's statement about the purposes of imprisonment before publishing it.
Beyond Bars Alliance colleagues
There are certainly problems with the IG's terms of reference and the position is not nearly as strong as it should or could be but it should not be lost it should be strengthened (along the lines of the UK IG of Prisons) to provide an independent voice to the Parliament regarding activities and processes that otherwise happen behind prison walls.
Submissions for Review of Inspector General
There is a very serious attack happening on the office of the NSW Inspector General of Corrective Services. A secret and flawed review is taking place at this moment, and we call upon all individuals and organisations interested in the area to make their views known.
Two thirds of a billion dollars and DCS can't work out what authority they have? "Two thirds of a billion dollars of taxpayers money and the Department of Corrective Services can't work out what authority they have to hold the people who are in jail."
Australia: Private Prisons, Junee NSW
When I got to Junee I was given nothing except bed linen. That's it! No clothing. I had to put my name down for clothing, which they said I could get on Saturday. When I went down to get my clothing on Saturday I was told they had nothing but I was told that I could buy what I wanted on their monthly buy-up. In the mean time I got rashes between my legs from the dirty clothes I had on.
Justice Action meets with new Minister for Justice
John Hatzistergos Minister for Justice is meeting with Brett Collins and Justice Action today at 11:30 a.m.
ARUNTA PHONE SYSTEM: IDC Lithgow Prison
The prisoners of Lithgow Correctional Centre have requested that the Lithgow Inmate Development Committee write to you on their behalf and ask that the phone systems heavy burden upon the prisoners at this institution and their families be reviewed. I will outline the problems.
Health problems denied in prison
Lithgow Correctional Centre (IDC) Inmate Development Committee "Currently there are 72 inmates on the doctors waiting list with only one doctor coming fortnightly and usually on a weekend".
'Old guard dog' dig in heels on NSW Govt front bench - The rolling of the filthy heads... The New South Wales Premier is yet to convince at least one of his long-standing ministers to stand aside to make way for new blood on the front bench.
NSW Prisons Inmate Development Committee speaks out
I am writing on behalf of the IDC Inmate Development Committee in area 3, MSPC at Long Bay. Area 3 is where, the Department is congregating minimum-security offenders within maximum-security walls whilst awaiting mandatory programs at Cubit (Sex Offenders Program).
THE GULAG TREATMENT - The Trauma Of Court Appearances When Incarcerated Prisoner transport vehicle 10th January 2003 It's about 4.40am, very darkoutside and although I'm expecting it, it is still intrusive when my dreams are interrupted by the sound of my name, it is the officer checking that I'm awake ready to face the long day ahead.
Sir David Longland Correctional Centre
If it were possible to characterize the term B Block attitude in a modern dictionary, it would read something like "demeanor of inhabitance" or "state of mind or behaviour of occupants".
SIR DAVID LONGLAND CORRECTIONAL CENTRE QLD - CELLS IN B BLOCK The cells in B Block are like no other in any Queensland prison. After Mr. Cooper was severally embarrassed by the Abbott and Co escape on 4th November 1997, he visited B Block and the surrounding grounds. It was that visit, by Cooper, that set in motion a plan (up the ante) to make sure security in B Block would never embarrass him again. It was like closing the gate after the horse has bolted.
Inspector General Ignored On Womens Prison
Four months after a report from the Inspector General on Mulawa Correctional Centre, key recommendations involving safety and welfare of prisoners and staff have been ignored. Kathryn Armstrong (former chair of Inmate Development Committee) and Annabel Walsh, released from Mulawa Womens Prison in February, have produced an independent report confirming the findings of the Inspector General.
Distribution of: 'How to Votes in prisons'?
Justice Action have received information from Andrew Burke of the NSW Greens that they have enquired with the Department of Corrective Services as to the procedure for distributing their How To Votes in prisons in the period before the election.
Getting Justice Wrong DPP make full admissions
Back in May 2001 Nicholas Cowdery QC made an error at law by giving a speech called Getting Justice Wrong at the University of New England, Armidale Thursday, 31 May 2001. Sir Frank Kitto, Lecture now published at the DPP website. At page six, paragraph 3 under the heading:
NSW ELECTION 2003: VOTE 1 GREENS
Inspector-General: The Greens believe that the role of the Inspector-General is crucial to the proper functioning of the prison system. It has never been more important to have a powerful watchdog role than today. Section 3.11 of our Criminal Justice Policy commits the Greens to "strengthening the role of the Inspector-General of Prisons."
Long Bay Prison: The latest inside story
Private food purchases called Buy-Ups that normally take care of the prisoners additional food nutrition in Jail has been changed.
Doing time even harder: 146 prisoners far from home
The United States, however, has detained without trial about 650 men from 43 countries. They include Australians David Hicks and Mamdouh Habib, who are held at the Guantanamo Bay naval base as part of the sweep against global terrorism [scapegoats for the Coalition of the Killing's, pre-emptive strikes, occupation and genocide for resources in the Middle East.]
Human Rights 'Framed'
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.
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.
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.
