We have been battling for access to our community with our publicationsNSW: Justice Action went to the NSW Supreme Court before the last Federal election on the constitutional right for prisoners to receive information for their vote. The government avoided the hearing by bringing prisoners' mobile polling booths forward. We pursued it after the election. This is the report.
NSW Prison Commissioner of Corrective Services Mr Ron Woodham has dropped his ban on Justice Action publications.
Kingsford Legal Centre corresponded with Mr Woodham's office following the Supreme Court action challenging the banning of The Australian Prisoners' Election Newspaper in NSW prisons.
We submitted a slightly altered version of the national newspaper for prisoners, to make it specific to NSW. The paper was submitted asserting the protection of the Constitutional right of Australian citizens to receive political information in order to cast an informed vote at elections.
The Department tried to stall, taking 3 months to respond to the submission of the draft newspaper. Only when Kingsford set a deadline, after which we would again take them to court, did Mr Woodham respond.
He said,
"I note that the editorial section of the submitted 'newspaper' contains a number of provocative and misleading comments... While it is arguable that some of the material does not consist of communication about government or political matters, I have no objection to the content of the majority of the newspaper... It is not my intention to place a ban on this newspaper but I insist that only those individuals who expressly indicate their interest in receiving a copy of the newspaper be sent one."
This is an important precedent, allowing even 'provocative and misleading' material.
We are now contacting prisoners to organise for internal distribution.
Below is the full text of Woodham's response, with his attached analysis of the newspaper.
Justice Action
65 Bellevue St, Glebe, NSW 2037, Australia
P.O. Box 386, Broadway, NSW 2007, Australia
ja@justiceaction.org.au
voice: 612-9660 9111 fax: 612-9660 9100
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New South Wales Government
Department of Corrective Services
Ms Joanne Moffitt
Principal Solicitor
Kingsford Legal Centre
11 Rainbow Street
KINGSFORD NSW 2032
Dear Ms Moffitt,
I refer to your letters of 23 February 2005 10 March 2005 and previous correspondence on behalf of Justice Action in which yo have sought my permission for copies of the 'Australian Prisoners Election newspaper' to be distributed to inmates in NSW correctional centres. I understand that your client is now only seeking approval in relation to pages 1 to 4 of this newspaper.
I note that the editorial section of the submitted 'newspaper' contains a number of provocative and misleading comments and also invites inmates to submit "Écommentary, personal accounts, short stories and letters to the editor on any topic". This is inconsistent with the purported purpose of the paper which according to your correspondence is to "provide prisoners with political information relevant to their right to vote". I can only conclude that the real intention of this publication is to provide inmates with a vehicle for criticism of the Department of Corrective Services and to circumvent the ban that I have imposed on the distribution of 'Framed'.
While it is arguable that some of the material does not consist of communication about government or political matters, I have no objection to the content of the majority of the newspaper and have attached comments in relation to the individual sections. I am however not prepared to arrange for the distribution of this newspaper to all inmates in NSW correctional centres.
It is not my intention to place a ban on this newspaper but I insist that only those individuals who expressly indicate their interest in receiving a copy of the newspaper be sent one. I also reserve my decision in relation to any future issues of the newspaper and require your clients to submit these for consideration should your client wish them to be approved for distribution to, or otherwise made available to inmates in NSW correctional centres.
Yours Sincerely
(signature)
RON WOODHAM
Commissioner
23 March 2005
Encl.
1 Editorial....The editorial lies outside the scope of political discussion and parts of its content is provocative in its reference to:
* "I see no criminals, I see before me political prisoners" (paragraph 1)
Comment: The Department would not accept that it detains political prisoners
* Labor party banning distribution of this newspaper (paragraph4)
Comment: Any decision to allow distribution of this newspaper to inmates is departmental
* "(Labor-appointed) prison Commissioner decide that prisoners are better off without one specific human rightÉ "(paragraph5)
Comment: Statement incorrect and provocative
* ..."if you're freezing and starving alone in your cell in the High Risk Management Unit" (paragraph6)
Comment: The Department would not accept that it detains inmates without adequate clothing or food
* (the newspaper) "will include articles, commentary, poetry, personal accounts, short stories and letters to the editor on any topic "(paragraph9)
Comment: It is apparent that the newspaper intends to carry articles, which lie outside the scope of political discourse
* Reference to "The Prisoner's Paper"
Comment: It would appear that this publication is intended to replace "Framed" as a vehicle for criticism of the Department
Suggested Action: Justice Action be advised that in its current format the editorial is unacceptable
Every Vote Sacred? No issues of concern identified
Inmate voting cartoon No issues of concern identified
2 Greens Advertisement No issues of concern identified
Australian Democrats Advertisement There is no authorisation from the Australian Democrats to validate its authenticity. However no issues of concern identified in relation to content
Socialist Alliance Advertisement. There is no authorisation from the Socialist Alliance to validate its authenticity. However no issues of concern identified
How to vote if you're a prisoner No issues of concern identified
3 Helping Communities Fight Crime. There is no authorisation from 'the Coalition' to validate its authenticity. However no issues of concern identified in relation to content
Labor's Plan to protect and strengthen human rights in Australia. There is no authorisation from Labor to validate its authenticity. However no issues of concern identified in relation to content
Have you been sentenced for a federal crime? No issues of concern identified
Q&A: Prisoners ask why? There is no authorisation from the political parties to validate the authenticity of answers provided however no issues of concern identified in relation to content
4 Q&A Continued. In response to the final question, the Socialist Alliance response makes reference to inmate work being "much like slave labour". The department would not agree with this
First Prisoners' Newspaper. It would appear that this publication is intended to replace "Framed" as a vehicle for criticism of the Department. Requests for suggestions for the name of the newspaper is at odds with the stated name, The Australian Prisoners' Newspaper
The History of the prisoners Vote. No issues of concern identified
By Justice Action 15 April 05
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