Showing posts with label classification. Show all posts
Showing posts with label classification. Show all posts

Tuesday, March 29, 2005

COMMISSIONER OF CORRECTIVE SERVICES AND MR MIDDLETON

NSW Legislative Council Hansard (Proof) Proof, NSW Legislative Council Hansard, 23 March 2005, COMMISSIONER OF CORRECTIVE SERVICES AND MR MIDDLETON Page: 59

The Hon. Dr ARTHUR CHESTERFIELD-EVANS [6.04 p.m.]: Often I am disappointed by both the content and tone of questions and answers in this House, and the response I received to a question I asked on Tuesday 22 February is no exception. I asked the Minister for Justice:

(1) In the case of Middleton v Commissioner of Corrective Services of New South Wales did Justice Dowd make orders that the Commissioner of Corrective Services and the Governor of Lithgow Correctional Centre reconsider their decision to deny the plaintiff access to appropriate computer facilities to continue the study of two engineering degrees?

(2) (a) Given that the plaintiff, Mr Middleton, was allowed access to a computer to do his studies while incarcerated in Queensland, does this reflect badly on your department? (b) How does this correspond with the commitment to rehabilitation of prisoners?

The Minister responded:

(1) The orders of the Supreme Court are a matter of public record. The member is referred to them.

(2) (a) The implication in the question is rejected.

(b) The Department of Corrective Services is committed to the rehabilitation of offenders. The Department considers that while tertiary studies may assist inmates to obtain gainful employment upon release, it is of primary importance for inmates to address the causes of the offending behaviour. Mr Middleton is a maximum security inmate who has been convicted of a number of serious charges including armed robbery, and is awaiting sentence. When he has addressed the causes of his offending behaviour and achieved minimum security classification, consideration may be given to allowing him to have access to a computer in his cell.

I have taken advice from Teena Balgi, Mr Middleton's solicitor from Kingsford Legal Centre, which was very enlightening. That advice was as follows:

The Minister's response states that Mr Middleton may get access to a computer in his cell when he has:

1. addressed the causes of his offending behaviour; and 2. achieved a minimum security classification.

Has Mr Middleton addressed the causes of his offending behaviour? In his response the Minister focuses on the "primary importance for inmates to address the causes of their offending behaviour". Mr Middleton has attended all the courses available to him in order to address the causes of his offending behaviour, including dealing with conflict, workplace/team effectiveness, interpersonal communication, anger management, and cognitive skills. The only course that he has not attended is the violent offenders therapeutic program, and this is because an assessment of Mr Middleton determined that there were other prisoners in greater need of this particular course. As a result, Mr Middleton has done everything within his power to address the causes of his offending behaviour.

Further, Mr Middleton is also trying to rehabilitate himself by engaging in two degree courses, mechanical engineering and information systems, in which he has achieved a high distinction mark in a number of units. There is widespread support for using tertiary education as a rehabilitative tool. In the 2002 decision of Middleton v Commissioner of Corrective Services of New South Wales, Justice Dowd discussed the role of education in rehabilitation and stated that "it is hard to imagine a better rehabilitation tool than the gaining of tertiary qualifications of a sophisticated nature".

The Minister is a strong proponent of using education programs as part of the rehabilitation process for prisoners. In the Parliament on 18 September 2003 he recognised the value that education programs could play in rehabilitating an offender. He said:

It is well-known that completion of educational programs can have a key role in reducing reoffending.

Further, in the Parliament on 21 October 2004 the Minister discussed how education programs could improve a prisoner's chances of procuring gainful employment upon re-entering society. He said:

I am sure honourable members would be aware that employment is of essential assistance to inmates avoiding the perils of recidivism once back in the community.

Despite this apparent commitment, however, the New South Wales prison population has a rate of engagement in higher education of only 1.3 per cent. This figure is not only lower than the national average of 1.8 per cent but also significantly lower than the highest rate of 3.1 per cent, which is recorded by Queensland. Queensland has the lowest prison recidivism rate, at 27.7 per cent, whereas New South Wales has the second highest rate, at 44.7 per cent. Those figures come from the Department of Corrective Services 2003-04 annual report.

By undertaking tertiary courses in mechanical engineering and information systems, Mr Middleton is trying his best to rehabilitate himself and to become a productive member of society upon his release. This is admirable, considering that previously Mr Middleton had only progressed his education to year 10 level.

However, Mr Middleton's efforts are being hampered by the decision of the New South Wales Department of Corrective Services to deny him access to a computer in his cell. This decision has caused Mr Middleton to fail subjects, and it is feared that it may ultimately force him to withdraw from both his courses.

What is the relevance of Mr Middleton's security classification? From the response of the Minister, it is clear that the decision to deny Mr Middleton access to a computer in his cell was based primarily on the fact that he does not have a minimum security classification. In the decision of Middleton v Commissioner of Corrective Services of New South Wales Justice Dowd found that the Department of Corrective Services policy, which states that laptop computers can only be purchased by minimum security prisoners, should not be applied as a blanket prohibition.

Inflexible application of the policy is an incorrect use of the power conferred on the commissioner and the governor by the Crimes (Administration of Sentences) Regulation 2001. Further, Justice Dowd reaffirmed the principle that the commissioner and the governor are required to consider all relevant material placed before them and that there should be "proper, genuine and realistic consideration of the merits of the case". Thus, the fact that Mr Middleton does not have a minimum security classification should not be used to deny him a computer in his cell.

Mr Middleton's dedication to his studies since 1998, level of achievement, proper use of a computer for study while incarcerated in Queensland, and genuine need for a computer to complete his studies are all factors that need to be given due consideration.

It would seem that the Minister's answer owes more to enforcing a hierarchy of privilege relating to security classifications than to a real assessment of what is in the prisoner's interest. Lest it be said that I have taken the prisoner's word for it, I must point out that Justice John Dowd looked at this issue and suggested that the decision be reviewed as the prisoner already had a computer in Queensland.

I am disappointed by the Minister's approach and answer. The Minister has also told me that he will remove more computers, even from minimum security prisoners. I hope that my family and the Minister's family are not damaged by a recidivist criminal who might have otherwise been rehabilitated. Proof, NSW Legislative Council Hansard, 23 March 2005, (article 53.

By Justice Action posted 29 March 05

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NSW prison visitors banned from using the toilet
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Monday, February 14, 2005

NSW Prison System and, 'Justice Health'?

Bathurst Prison

This is just a letter to your organisation to inform you and update your knowledge about this NSW prison system and The Corrective Health Service now known as 'Justice Health'.


I have been at Bathurst Gaol since 9 November 2003. I have had an appeal lodged since 22 January 2004, against my conviction and I am still waiting on a date to be set.

I was transferred to Bathurst from Lithgow Correctional Centre on 9 November 2004. Two weeks prior that date I had sent a letter to (DCS) head office in Sydney with a request that,

1. If I had my "B" classification could I be transferred to Windsor Gaol.

2. My Dutch friends (aged 74 and 76) would have the possibility of visiting me there every two weeks because they live in the Windsor area.


On 21 January 2005, I received an answer from (DCS) that I could not be transferred to Windsor. They wrote that they were aware that I was transferred to Bathurst Correctional Centre with a "B" classification since 11 January 2005.

Justice Health?

On 16 December 2004, I broke my teeth so I had to go to the gaol clinic to ask to see the dentist. Their answer was "Sorry Alex the dentist is on holiday and will be back in January 2005. The clinic provided me with 'Panadine' to control my pain. My name was on the dentist list in Silverwater remand centre (2003) Lithgow (2004) but I was never called up.

On 22 December 2004, I had an abscess because of the broken teeth. The same day they also found infection in my left eye. So I was taken to Bathurst Hospital on 23 December 2004.

The doctor there sent me to Sydney because they did not have the proper medication to deal with the infection. So an ambulance was called to take me to Sydney. About 8.30 pm that night three new fresh officers arrived to escort me (handcuffed) in the ambulance.

I was to be taken to Prince of Wales Hospital (PWH) but not before a stop in Penrith (to take on a fresh ambulance driver). Off we go again!

So I think I've arrived at (PWH) 11.pm. But with a second glance I was at (LBH) Long Bay Prison Hospital. They couldn't take me to (PWH) because I had to be admitted to Long Bay Hospital first. Subsequently the following morning I was finally taken to (PWH).

At (PWH) I had undergone and operation and had 8 teeth removed from my jaw (left and right) and cleaning because of the infection and my left eye handled with medication. Taken back to LBH

So you can see how good the Corrective Health Service or 'Justice Health' as it's now called is for inmates in NSW prisons. After more than 14 months on the dentist list, 8 teeth lost and almost lost my left eye. Then I was taken straight back to Long Bay Hospital for aftercare and subsequently tipped to Silverwater's Metropolitan Remand and Reception Centre (MRRC), to recover after my operation? Thanks!

On 8 January 2005, about 10.pm I must go to the (MRRC) Metropolitan Remand and Reception Centre because (LBH) needed my bed for an inmate from (MRRC). So if I go there the other inmate could have my bed at (LBH). Only that inmate from (MRRC) did not go to (LBH) because I met him in Darcy 1 at the (MRRC). So I spent 3 days in Darcy 1 locked in without my TV, radio, books or jug. Nice, just after an operation to recover from surgery.

But now everything is all right (I hope). I saw the dentist last week.

She promised me that in a few months she would call me again to look if she can make a plate with some teeth to make my mouth and face more normal.

So back in Bathurst (11 Jan 2005) I start working again in the Cable Shop. Then I notice that I am missing 3 weeks pay from Bathurst. It was from 23 December up until 11 January 2005, and I am still waiting for my lost wages to date. The answer from the gaol is sorry Alex you were not here, Long Bay must pay you. But Long Bay didn't pay me because Bathurst gaol is my gaol of classification and I must be on the sick list from Bathurst to receive it.

On top of all of that my personal laundry that I put in before leaving Bathurst on 23 December is still missing. This is the NSW Prison System and Justice Health in 2005.


PS) Did I mention that the rats in Long Bay are as big as cats!!!

By Alex Linnenbank 14 February 05

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Thursday, November 11, 2004

NSW Greens lose bid to stop jail boss getting more power

Australia/Cuba?: The greens failed today in a bid to quash the NSW Corrective Services Commissioner's power to classify prisoners as a "special risk" to national security?

Greens MLC Lee Rhiannon tody moved a motion in the NSW Upper House to block a regulation creating a new prisoner classification for prisoners considered security threats.

She said the regulation represents "shades of Guantanamo Bay", with the Carr government using draconian measures which fed the resentment and unfairness that caused terrorism.

Her disallowance motion was defeated 32-4.

The regulation, created by NSW justice minister John Hatzitergos, grants Correctice Services Commissioner Ron Woodham the power to determine how prisoners should be classified?

Regulations are usually created by government ministers and don't go through parliament, but parliament does have the power to disallow them.

Under Hatzistergos' regulation, prisoners classified as "posing a threat to national security" will be housed only in highest security facilities. NSW (HRMU) High Risk Management Unit at Goulburn Correctional Centre in isolation in a "box within a box" with "no fresh air or sunlight".

They will not have contact visits unless they are deemed safe? And mail with be screened?

The community is advised to resist any attempt to be jailed by the Carr Government for the sake of your mental health. You just won't be treated fairly!

Ms Rhiannon said the new powers should have been drafted as legislation, properly debated and understood by the parliament.

"There are shades of Guantanamo Bay here," she said.

"Like George Bush, the Carr government is using unnecessary, draconian measures which feed the resentment and unfairness that cause terrorism. This is no solution."

[Terrorists like George Bush's Patriot Act and the Coalition of the Killing's resource war's in the Middle East, with pre-war plans, pre-emptive attacks on Sovereign Nation States, subsequent occupations, genocide, maiming, rendition, secret prisons and torture in Iraq and Afghanistan. Those are terrorist acts.]

Ms Rhiannon said anti-terrorism experts should be deciding who poses a security threat not Mr Woodham. 

"Commissioner Woodham's job is to manage jails, not manage national security. The rules don't even require him to liase with other agencies that actually understand terrorism," Ms Rhiannon said.

Hatzistergos said the new management regime "was a central plank in NSW's terrorism preparedness".

"This regime is in accordance with world standards for dealing with terrorists in custody," he said.

"And the definition is broad enough to include inmates, [prisoners], serving sentences for non-terrorist offences who subsequently exhibit behaviour which potentially poses a risk to national security of the security of a correctional centre"?

ACCORDING TO COMMISSIONER RON WOODHAM WHO IS TOLD WHAT TO DO BY THE GOVERNMENT OF THE DAY AND WHOEVER ELSE WHO WANTS TO PAY OUT ON SERVING PRISONERS INCLUDING POLICE!

By Just Us 11 November 04

The Greens NSW

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Wednesday, May 21, 2003

NSW Serious Offenders Review Council

Serious Offenders Review Council
PO Box 13 Matraville 2036
Fax: 02 9289 2189

Re: Letter from Mr K C

Dear SORC 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.

He said that a fortnight ago he received a document from the Inmate Classification and Case management branch of the Department of Corrective Services dated 2 April 03.

He also said, "that the document confirms the 3rd time that management plans for his "B" classification has been moved further away from him, ten years from the first date he was given yet he has done nothing wrong.

We think it is unfair that anyone be dealt with arbitrarily and retrospectively.

K said they are implementing a set of guidelines in relation to the Serious Offender's that comes right across a variety of sentences and doesn't work on a percentage so that is unfair and wrong. Classification to a "B" he said used to be a third and now four fifths. Someone doing 8 years is laughing while he said he is being penalised horribly. Mr C said that he has done half his sentence, the original criteria for a "B" Classification.

In conclusion we think K is entitled to certainty and rules should not be retrospective in relation to decisions made by the authorities.

We wrote to K for permission to contact SORC in order to get a response to his enquiry. Could you please contact K and Justice Action with a response to his complaint?

Thanks
7 May 03


JUSTICE ACTION AND THE PRISONER HAVE NOW RECEIVED A RESPONSE THANKS SORC

By Justice Action posted 21 May 03

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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.