Computers - prisoners' petition

NSW: Justice Action has just received a petition signed by nearly 100 prisoners of Goulburn jail. (petition at the end)

They are protesting a policy change introduced statewide by the Commissioner 2 weeks ago.

The new policy states that educational staff must supervise prisoners at all times when they are using the computers in the education classrooms. The petition states that this policy, in practice, means that access to computers will be dramatically reduced because of education staff shortages.

The prisoners say that the new policy is hindering their efforts at rehabilitation and defending their legal cases because much of the material used in these activities is now delivered on CD ROM. They say the policy is disempowering, and education is becoming a lost cause and unachievable.

We have been told that this policy is a direct result of the Middleton case, which successfully challenged the Commissioner's refusal to acknowledge his discretion to give maximum security prisoners access to computers in their cells.

Supreme Court Judge Dowd decided that the Commissioner did have the discretion and must consider it for prisoners of all classifications. The prisoners have asked us to advocate on their behalf. We need your help with gathering information to assist the challenge. Specifically, we need information on the following points:

1) What are the rules in other states? In the Middleton case he was doing two degrees at Uni of Southern Queensland in Information Technology and Engineering. He had a computer in his cell all the time without a problem until he was transferred to NSW.

2) How many years have computers been permitted inside prisons in NSW? Desktop computers in the wings/pods like Lithgow? Laptops in cells in minimum security?

3) What incidents can the Department use to justify this policy? Experiences in other states? For example, in the Middleton case, the Department said that they were a security risk because, "a computer might be used to track movements of warders and of the rosters of warders from a database on that computer."

However Justice Dowd noted that this could be done just as easily with a pen and paper, and that computers can be regularly searched for material other than approved activities.

Please let us know if you are interested in helping with this effort.

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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PETITION

Justice Action
P.O. Box, 386
HAYMARKET

Prisoners of Goulburn Gaol
P.O. Box, 264 GOULBURN, 2580

Re: NEW COMPUTER POLICY

Dear Friends,

We the undersigned would like to protest a recent policy change introduced by the Commissioner of the Corrective Services Department.

The latest obstruction to the prisoner education program is the new policy that the educational use of computers must at all times be supervised by educational staff.

The policy, at least at Goulburn is unworkable due to the structure of the routine which only allows access to education to a minimum number of full time students for about 2.5 to 4 hours per day for a maximum 4 days per week.

Most of the full time students find this situation barely workable as it is. The changes in the policy now mean that teachers will not be able to supervise the students during the periods mentioned above because they have other duties to attend. This includes the needs of various yards of protection, mainstream, and races that are segregated from one another. The role of the education staff servicing the needs of all the different sections simply means that prisoners' access to the educational classrooms and computer facilities will be dramatically reduced.

Those students studying TAFE are expressing concerns. Those students studying University courses are in greater need for access to computers because most university lectures these days are on CD ROMs likewise unrepresented prisoners' (usually those refused Legal Aid) with outstanding court cases need access to computers especially those in the Supreme and High Courts where judges and Justices often refuse to accept hand written submissions.

There is also a further policy clash in that prisoners these days are supplied briefs of evidence on CD ROMs instead of the (expensive to produce) documented ones. Prisoners need reductions in the present obstacles to access educational services. The latest policy does the complete opposite by reducing access to computers and a follow on effect in not being able to access classrooms. The new policy is disempowering to prisoners who are already feeling that education and rehabilitation are a lost cause or otherwise an unachievable goal to reach.

We the undersigned students at Goulburn Gaol would appreciate it if your office could advocate on our behalf with the view that Goulburn Gaol is not the only gaol affected by the new policy. Otherwise education for prisoners will be to difficult to access and discourage inmate participation to those already experiencing obstructions to services and extreme lack of motivation.

Society would prefer that its prisoners' be released with some kind of hope and skills instead of disempowered, unskilled persons with little option, other than to re offend or otherwise be unemployable.

The under Signed (nearly a hundred signatures)

We the undersigned prisoners need to access education for use of computers to complete assignments (for part time study) or to access computers for legal purposes.

Ed: It sounds like in spite of the Middleton case the Commissioner of Corrective Services has acted with malice towards the prisoners and in direct contravention of his honour's decision about education and rehabilitation in prison, to ensure that no matter what these prisoners will not get any help, even if they want to help themselves.

I thought God always helps those that are prepared to help themselves? How could I get it so wrong? I must ask my school teacher.

Is this really how Corrective Services works? No wonder they get it so wrong and people who have no hope re-offend! At the moment 64 per cent return to prison in NSW.

COMMISSIONER OF CORRECTIVE SERVICES AND MR MIDDLETON

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".

By Justice Action 22 April 05

Related:

Justice Action V NSW
The feud between these two is legendary, and is hindering an effective dialogue between the justice advocates of Justice Action and the Prison Administration who need some help from this community group in making our prisons more humane and effective in letting go of prisoners so they don't keep offending and returning to gaol.

Ex-Prisoner Locked Out of Prison
The NSW Department of Corrective Services (DCS) has revealed a policy which bans ex-prisoners from entering prisons.

Justice Action: Access to our community
NSW: 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.

COMMISSIONER OF CORRECTIVE SERVICES AND MR MIDDLETON
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".

MORE PRISONERS LOCKDOWNS HAVE OFFICERS ON EDGE
NSW: Staff shortages are continuing to cripple the day to day running of the state's prisons, with correctional officers worried about their safety from constant prisoner lockdowns.

Tough line on crime fills jails
The tough law-and-order policies of governments around the nation are behind an explosion in the prison population by almost 80 per cent in the past two decades.

LEGAL VISITS AT PARKLEA PRISON
I am a prisoner in NSW and I am currently held in Parklea Prison. I am concerned about what is going on in NSW prisons and this is my story.

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Prison guards test positive for drugs
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NSW prison visitors banned from using the toilet
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Watchdogs slaughtered in NSW
On Tuesday the Carr Government reduced transparency and accountability yet again and New South Wales is in danger of becoming entrenched with cronyism and intimidations with the Carr Labor Government that continues to slaughter the watchdogs.

LEGAL VISITS AT PARKLEA PRISON

I am a prisoner in NSW and I am currently held in Parklea Prison. I am concerned about what is going on in NSW prisons and this is my story.

On 19 January 2005, my solicitor, Ms Shiranioa George came out to Parklea prison to see me on a legal visit. Now, my case is finished...

I'm sentenced and lost on appeal at the Supreme Court, but I have some other legal issues that have to be dealt with. Such as I'm working on an appeal to the High Court, my assets, and some issues in relation to my brother's legal matters. All of which are true, and I cannot talk about those issues to anyone because it is privileged information protected by lawyer/client confidentiality.

On that afternoon, approx 2.30 pm officer Jim Woods [Area Manager] - used to be head of intelligence in 2001-02 (but I think he's been demoted) anyway he canceled my legal visit which he had no right to do.

I spoke with my solicitor the next day on the phone and she told me that Jim Woods accused her of sneaking inside Unit 3 compound. Unit 3 is for protection, which is separate to the Unit 2, which is the main area.

Ms George wanted to see me because Ms George and I are very close friends and have been for years. It is my understanding that there are no laws in seeing an inmate even if they're both friends. And she didn't sneak in to Unit 3 compound; she followed procedure by filling out the paperwork upon entering the prison.

We also had this problem in 2001, when my lawyer made a contact visit. A big deal was made, and officer Woods complained about it. Ms George was given a choice to either see me on a legal visit or contact visits but not both. So she chose to utilise the legal visit and has not been on a contact visit with me since.

Officer Woods has no right to cancel my legal visit with my solicitor as I'm entitled to it and I believe it is my right and I'm sick of his prejudice accusations.

My lawyer has filed a complaint against Woods and I'm waiting to see the Area Manager who is in charge of Unit 3 to discuss the problem. I'm classified to Parklea and don't want to move jails.

I'm hoping that my talking it out would solve the problem. I'll let you know the outcome.

By Will Irani 21 February 05

Ed: The Commissioner of Corrective Services has very wide discretionary powers for the 'Good Order and Security of the Prisons'.

You should also complain to the Ombudsman and see what they say about it so the complaint is acknowledged - for the record.

But we have opposed many decisions made by the Commissioner and have complained to the Ombudsman, but they say they cannot make the Commissioner change his discretionary decisions or even compel him to show any proof why a decision was made.

Please note the clause under 'Relevant administrative law principles' particularly,

"Exercising a discretion in a way that is so unreasonable that no reasonable person would have exercised the power in that way."

Now ask yourself, is Ron Woodham a reasonable person? Well according to his curriculum vitae he's not! And if you can't beat that you're done with the authorities, especially if the Commissioner and his 'cronies' don't like your head.

The other option would perhaps be a legal one so you may need to arrange a legal visit with your solicitor? But regrettably that may just start the whole exercise off again - in an endless loop......

But then again it is my understanding that a prison is not a normal environment and once you're there, you're disabled, even if you were disabled when you were sent there.

And, it is also my 'experience' that the only 'rights' you really have in prison, is from the powers that be.

Attached for your perusal 'Public Sector Agencies fact sheet No 4 NSW Ombudsman'-

Discretionary Powers.

Let us know how you get on we could even make this into a serial segment.

What about?

HERE WE GO ROUND THE CORRUPTIVE SERVICES BUSH....

EVERY BEST WISH

Related:

fact sheet No 4 Discretionary Powers

What are discretionary powers?

Discretionary powers are permissive, not mandatory. They are powers granted either under statute or delegation which do not impose a duty on the decision-maker to exercise them or to exercise them in a particular way. Within certain constraints, decision-makers are able to choose whether and/or how to exercise discretionary powers.

How must they be exercised?

No public official has an unfettered discretionary power. Public officials must exercise discretionary powers in accordance with any applicable legal requirements, reasonably, impartially and avoiding oppression or unnecessary injury.

Agencies should adopt policies and procedures which set out the general approach to be followed in at least each major area of activity for which they are responsible. This should ensure that the agency's powers are exercised consistently from case to case, unless the merits of any particular case justify a different approach.

Relevant administrative law principles

In exercising discretionary powers, various principles of administrative law require public officials to:

* use discretionary powers in good faith and for a proper purpose (ie, honestly and only within the scope of and for the purpose for which the power was given)
* base their decision on logically probative material (ie, logical reasons, information that proves the issues in question, relevant and reliable evidence)
* consider only relevant considerations and not consider irrelevant considerations
* give adequate weight to a matter of great importance but not give excessive weight to a relevant factor of no great importance
* exercise their discretion independently and not act under the dictation or at the behest of any third person or body
* give proper, genuine and realistic consideration to the merits of the particular case, and not apply policy inflexibly, and
* observe the basic rules of procedural fairness (ie, natural justice).

Other principles of administrative law preclude public officials from:

* making decisions in matters in which they have an actual or reasonably perceived conflict of interests
* improperly fettering their own discretion (or that of future decision-makers) by, for example, adopting a policy that prescribes decision-making in certain circumstances
* exercising a discretion in a way that is so unreasonable that no reasonable person would have exercised the power in that way
* exercising a discretionary power in such a way that the result is uncertain
* acting in a way that is biased or conveys a reasonable perception of bias
* making decisions that are arbitrary, vague or fanciful
* refusing to exercise a discretionary power in circumstances where the decision-maker is under a duty to do so, or
* unreasonably delaying the making of a decision that the decision-maker is under a duty to make.

It is a serious matter for public officials to ignore valid advice or valid considerations, particularly for the purposes of avoiding discomfort or embarrassment on the part of the government, agency or decision-maker.

Policies and practices to guide the exercise of discretionary power

Not every situation demands a policy, and policies are not a panacea capable of properly addressing all circumstances. However, policies are an important means of guiding decision-makers in exercising discretionary powers appropriately, consistently and fairly.

Policies should include an objective and the criteria to be used in decision-making to help ensure that:

* all relevant legal requirements are complied with
* all relevant factors are considered
* there is consistency in decision-making, and
* the decision-making process is transparent and accountable.

As a matter of principle, it is unacceptable for an agency to adopt and implement a policy that adversely affects, or could adversely affect, the rights or interests of any member of the public where the existence or content of the policy is kept secret or the policy document is not available for inspection and purchase on request.

Policies adopted by agencies should be communicated to relevant staff and members of the public. In this regard, s.15 of the Freedom of Information Act requires that agencies must ensure each of their policy documents are available for inspection and purchase by members of the public.

Government circulars, memoranda and codes of practice

There is usually no legally enforceable obligation to comply with government circulars, memoranda and relevant industry or generally accepted codes of practice. However in the interests of fairness, equity and consistency, decision-makers should have regard to them and comply with their terms unless there are justifiable, and preferably documented, reasons for taking another course of action.

Implementing policies and procedures consistently

Policies should not be applied rigidly without proper consideration of the particular circumstances and merits of each individual case.

There will be occasions where there are justifiable grounds for not following policies, practices, codes or guidelines. Where an agency, with good and preferably documented reason, departs from a consistent application of a policy, this does not create a precedent which binds the agency.

Such decisions are relevant and important considerations, but are not binding. Conversely, where an agency frequently departs from or ignores a policy, the policy would seem to have little weight or relevance and would need review.

Related:

Parklea Prison: No calls for six days
The last calls that were made out of Parklea Correctional Complex by my partner, an inmate in remand at Parklea, was on Wednesday 2 February. The phone lines for the inmates have been out of service to this date.

Prison visits in crisis in NSW
The reason I am writing today is to address a difficult situation that my husband and my family are going through. My husband is currently serving a sentence at Lithgow Correctional Centre in NSW.

Prison boom will prove a social bust
Hardened criminals are not filling NSW's prisons - the mentally ill and socially disadvantaged are, writes Eileen Baldry.

The prison system requires assiduous oversight
As NSW Attorney General Bob Debus noted in 1996: "The kinds of complaints which occur in the system may seem trivial to outsiders but in the superheated world of the prison, such issues can produce explosive results."

Crime and Punishment
Mark Findlay argues that the present psychological approach to prison programs is increasing the likelihood of re-offending and the threat to community safety.

Justice Denied In NSW Corrective Services
There used to be a (VJ) or Visiting Justice who would go into the prison and judge any claim or accusation that was made by any prisoner or prison guard. If it were found that a prisoner had offended then punishment was metered out.

Prison guards test positive for drugs
NSW prison visitors banned from using the toilet The visit is only for about one hour and any thing less than that is an insult. If it's proved that a visitor has broken the rules the punishment should apply to them. But collective punishment on all visitors should not be made general when others haven't broken the rules especially if it restricts all visitors from normal human needs like using a toilet.

NSW prison visitors banned from using the toilet
The New South Wales Government has introduced several initiatives to stop contraband getting into prisons they said last Friday. But under the guise of "stricter rules" the department had also introduced banning all visitors including children from using the toilet unless they terminate their visit at any NSW prison after using the toilet.

Watchdogs slaughtered in NSW
On Tuesday the Carr Government reduced transparency and accountability yet again and New South Wales is in danger of becoming entrenched with cronyism and intimidations with the Carr Labor Government that continues to slaughter the watchdogs.

Conference: Indigenous Legal Services in Crisis?

Indigenous Legal Volunteers

Current issues in legal services for Indigenous Australians Wednesday 16 June and Thursday 17 June 2004 Sydney.

Are Indigenous legal services in crisis? Is there a more general crisis across the range of organisations and individuals providing services around legal business? Regardless of the ATSILS tendering process, there are issues on the boil right across the country.

The future may be a very different place. The Indigenous Law Centre is hosting a conference that will reveal information, encourage debate and foster networks. We apologise for the short notice but extend a warm invitation to join us here in June.

With this two-day conference we aim to:
consider issues affecting service delivery right now; explore pressing legal issues; share knowledge and innovation; discuss possible futures for service delivery; affect public policy in these areas; and celebrate the work of Indigenous legal services and their partners.

The conference program will include sessions that cover:
hot spots in the law: family, criminal and civil
accessibility and cultural sensitivity: in whose eyes?
innovation in service delivery
getting in early: breaking cycles
to tender or too tender: the future for specialist Indigenous legal services
recommendations from the Royal Commission: a[nother] reckoning
resolving disputes and conflict: methods and madness
services from other sources: roles, relationships, communication
governance, management, accountability
resources: cold hard cash, pro bono, services in-kind
understanding and measuring legal needs

The conference will be of interest to:
lawyers, paralegal staff, field officers, administrators, educators, board members, counsellors, Aboriginal and Torres Strait Islander Legal, Services, Indigenous Women's Legal Services, Family Violence Protection Legal Units, Community Legal Centres, Legal Aid Commissions, Native Title Representative Bodies, public lawyers, policy makers, police services, courts, public prosecutors and defenders, councillors and staff of ATSIC Regional Councils, private legal practitioners, researchers and students, staff of other organisations providing services to, Indigenous Australians, advocacy and rights organisations.

More information:
program: A detailed program will be made available shortly. Your ideas about topics and speakers are very welcome. We can arrange places to meet for groups with shared interests. Please direct any suggestions or inquiries to the Indigenous Law Centre at ilc@unsw.edu.au or call 02 9385 2252.

Venue: The venue is the Mathews Theatres at the Kensington campus of the University of New South Wales. The campus is easily accessible from the city, eastern suburbs and airport. Enter through Gate 9 on High Street or through the Anzac Gate on Anzac Parade and follow the University Walk to Upper Campus. Maps are available at Indigenous Law Centre Faculty of Law University of New South Wales Sydney 2052 Australia phone 02 9385 2252 fax 02 9385 1266 email ilc@unsw.edu.au

Indigenous Law Centre Faculty of Law UNSW
Terry Hicks (David's father), Maha Habib (Mamdouh's wife) and Stephen Hopper (Habib's solicitor) will hold a Press Conference at 2pm, Saturday 29 May, at Breakout, 65 Bellevue St, Glebe. They will be speaking at the Justice for Hicks and Habib public forum to be held at 6pm tomorrow, Saturday 29 May, at the Granville Youth and Community Recreation Centre, 3A Memorial Drive, Granville.

Press Release *** Press Release *** Press Release Friday 28 May 2004.

Related:

Amnesty sees lack of progress on reconciliation
Amnesty International says the Federal Government must be held accountable for its commitments to Indigenous services. Amnesty's annual report highlights Australia's record on Indigenous social justice, raising concerns about what it calls a lack of progress in reconciliation, as well as violence against women and deaths in custody.

Aboriginal Land Council Vs Daily Telegraph
THE DAILY TELEGRAPH: "Apparently, Metro officers sponsored Anthony Mundine's company to display a logo in the ring during his September fight against American Antwun Echols.

Amnesty report criticises Aust, US
Amnesty International has accused Australia of using national security to justify the erosion of human rights and says the United States has proved "bankrupt of vision and bereft of principle" in its fight against terrorism and invasion of Iraq.

Redfern drug dealers: Who is Mr Big?
Police officer blames Redfern riot on heroin instead of a police pursuit? And who's the Koori junkie living on the hill with all the cash? A senior Redfern police officer says a flourishing illegal drug trade is the main cause of problems in Redfern's Aboriginal community, known as The Block. But just like Kings Cross it doesn't get cleaned up and the Mr Bigs are living like pigs. Ha ha. That's right someone supplies and someone accumulates large sums of money and someone has targeted Redfern and allows it to flourish there.

Update: ATSIC Abolition:
On 16 April 2004 on the Jeremey Cordeaux Radio show South Australian Premier Mike Rann attacked ATSIC as a disgrace and falsely alleged it was wasting the $2.6 Billion. Jeremey wrongly claimed it was 2003-2004 budget (the figure is a better approximation of the the MAINSTREAM $Bs amount that the Federal Liberal Government took from ATSIC and already gives annually to mainstream Commonwealth Departments from 1996).

The bone has been pointed at Howard
A Queensland Indigenous leader says an ancient Aboriginal curse placed on Prime Minister John Howard is no laughing matter and could even have deadly consequences.Suspended Aboriginal and Torres Strait Islander Commissioner (ATSIC) chairman Geoff Clark was with a group of Aboriginal people who performed a ceremony known as pointing the bone at Howard at Colac in south-west Victoria this week.

PM in denial over Redfern Death in Custody
Prime Minister John Howard says treating Aborigines differently is contributing to violent confrontations with police.

INDIGENOUS EMPLOYMENT: ISJA
If we want to survive we must work at it Indigenous unemployment reaching crisis: welfare group Action to lower Indigenous unemployment rate Govt underspends on indigenous employment: dept Economic development: The outback malaise Call for end to Indigenous welfare cycle.

O'Shane blasts constitution
Controversial New South Wales magistrate Pat O'shane has described the Australian Constitution as flawed and grossly inappropriate.

Demounting Auntie Isabel Coe
The information demountable and Auntie Isabel Coe's demountable were set alight at 3am last Saturday morning. The info demountable was completely destroyed- 31 years of photos and info on the grassroots Indigenous rights movement destroyed! Wilson Tukey (FUCKER)has wanted any excuse to get rid of the embassy for ages. This week he has been using the excuse that the burnt out shell is a danger to the community therefore the embassy must be removed.

PERHAPS ITS TIME TO TAKE THE LAW INTO YOUR OWN HANDS?

Law for non-lawyers and intensive two-day training course about the law. Whether you deal with legal matters ever day, need to know about a particular area of the law, or just want to find out how the law works, this course is for you.

Law for non-lawyers will give you the tools you need to find your way around the legal system and make the most of the law.

Is this you?

Do you give advice, information or assistance in social or community work, youth work, teaching, policing, counselling, mediation, the public service, the courts, a legal firm, government, or anyone else? Want to understand the legal system and how it works? Need information about legal rights, responsibilities and remedies?

The course will be run over two days Thu 22 May and Fri 23 May 2003, for more information, contact Natalie Clark or Andrew Dalton on (02) 9698 3066

By Redfern Legal Centre 24 April 03

THE CASEWORKER: In Australia today my advice to my clients is to stay out of trouble if they can. Why? Because unless you're Kerry Packer you have no defence. Forget about watchdogs that are merely lapdogs. Once you're accused there is no help and you can't beat city hall and the right wing media in their efforts to exploit you.

The only way to defend yourself is to provide funds for a team of lawyers to sue the government for damages and or put them on show about their behaviour towards you, by raising an article and by having a media outlet to broadcast the issues you have raised.

There are slim opportunities for poor people to lodge a claim for damages however, more often than not you will lose your own case for numerous reasons including the fact that you become first identity with remarks from a disgruntled judge because you made a mistake on your application or did not follow the rules of the court.

Remember it is their institutions and their rule of law.