Media release – Office of the Custodial Inspector, 23 December 2024
Improvements in prison service welcomed
Custodial Inspector Richard Connock has welcomed changes made by the Tasmania Prison Service (TPS) that he says will have a positive impact on the wellbeing of adults in custody across the state.
Mr Connock said it was pleasing to see that recommendations made in the Adult Wellbeing Inspection Report 2024, which was deemed tabled in Parliament today, were already being implemented.
“As part of the report process, the Department of Justice was consulted prior to publication and invited to provide a response. It is pleasing to note that of the 18 recommendations I made in the report, the Department has supported 15, and in part supported the remaining three,” he said.
“In particular I note the introduction of pay increases for people in custody of 10% earlier this month. This is the first increase in many years. Canteen prices have also been reduced by 6% in recent times to make items more affordable.”
The pay increase equates to an extra $1.50 a week for people receiving the base $15 allowance through to an extra $6.75 for people receiving the highest allowance of $67.50. Allowances are calculated based on the person’s work, or willingness to work if none is available.
“Providing meaningful activity to people in custody contributes several positives to their wellbeing, including aiding rehabilitation and reducing violence and other negative behaviour,” Mr Connock said. “To encourage people in custody to take part in this activity, it is important they are appropriately remunerated for their work.
“The fact that people’s allowances had not increased for many years, and the rising cost of canteen items, were both highlighted in my 2024 report.
“While it is pleasing to see that the TPS has introduced these pay increases, I urge it to consider the rest of my recommendation on this matter, which includes addressing inequities in current allowances and that the amounts are based on skill, work environment, size of work area and hours worked.”
Mr Connock said that cultural support for Aboriginal people in custody was almost non-existent during the inspection, although he acknowledged TPS was aware this issue needs to be addressed.
“The overrepresentation of Aboriginal people in custody is concerning and my inspection team noted that there is a serious lack of cultural support available to them,” he said.
“Reinstating access to cultural leave, which is risk assessed permission to temporarily leave prison to participate in cultural events, is one area that requires particular attention.
“Pleasingly, there have been some improvements with the engagement of the Tasmanian Aboriginal Legal Service to improve cultural and wellbeing support within the prison system.”
Mr Connock said his inspection team had concerns about the safety of the LGBTQIA+ community in prison, including reported incidents of bullying and violence towards individuals.
“Members of the LGBTIQA+ community are particularly vulnerable in prison environments,” he said. “Sadly, following the inspection, we observed evidence of two serious assaults on gay men by other people in custody occurring within the space of a month.
“While we also saw evidence that the TPS is modelling positive leadership, with a couple being able to share a cell and the bullying of a LGBTQIA+ person in custody being proactively addressed, it is important that this continues to be a focus to ensure the safety and welfare of the LGBTIQA+ community.”
Mr Connock said other improvements implemented since the 2017 Wellbeing Inspection Report included an increase in clothing provided upon reception, although more needed to be done to provide appropriate clothing for people in custody undertaking work, as well as recreational activities including exercise.
“One item that was repeatedly raised with my inspection team was footwear. We heard that the green prison issued shoes are poor quality and wear out quickly,” he said. “We were told on multiple occasions that they are extremely uncomfortable as they have no cushioning, and they don’t breathe well so they smell bad.
“These concerns were also raised in the 2017 inspection report, and at that time I recommended that robust and durable footwear be provided as standard prison issue, and that a secondary pair of footwear such as thongs also be provided.
“While initially supportive of this recommendation, the TPS advised prior to the 2024 inspections that the ‘recommendation was no longer supported’, and that ‘it was determined the footwear provided to people in custody was consistent to that supplied in other jurisdictions and considered sufficient’.
“It is disappointing to note the TPS has reneged on its commitment to make improvements to prison issue footwear, and I strongly urge it to reconsider. As such I have repeated this recommendation in the 2024 report.”
Mr Connock said people in custody had also reported that problems with laundry meant they didn’t have access to clean clothing on a daily basis.
“A number of problems with laundry were reported, including clothes not being cleaned at all, clothes being returned to people damp, and in one case clothing being left outside people’s cells as they were locked down, where it was left overnight and got damp and had to be rewashed,” he said.
“TPS needs to ensure that people in custody have daily access to clean clothes, whether through laundry being done seven days a week, or increasing the clothing allowance.”
Mr Connock also reiterated concerns raised in Custodial Inspector reports earlier this year about the impact of lockdowns, along with the inhumane treatment of people in dry cells.
“As I submit my final inspection report for the year, I strongly urge the State Government to act swiftly to improve these situations that not only affect people in custody, but also TPS staff and other people who work within the service,” he said.
“As an employer, the government has a duty of care to its staff, and as the body responsible for people in custody, it is essential that their basic human rights are upheld.”
Media release – Tasmanian Aboriginal Legal Service, December 2024
Wellbeing improvements not enough
The Custodial Inspector today released its Adult Wellbeing Inspection Report 2024, citing the Department of Justice has supported 15 of the 18 recommendations and in part the remaining three.
Tasmanian Aboriginal Legal Service Chief Executive Officer Jake Smith said more needs to be done.
“While we acknowledge that there has been some improvement, the improvements by the Department of Justice don’t go far enough,” Mr Smith said.
“The report concludes that there were changes on the horizon with respect to the non-existent cultural support for Aboriginal people in custody.”
Mr Smith said the Tasmanian Prison Service has begun to engage the Tasmanian Aboriginal Legal Service to support the wellbeing needs of Aboriginal people in custody, however at less than half of the original identified need.
“We have begun providing wellbeing supports to mob because prior to this, there were no supports at all available,” Mr Smtih said.
“These supports are at less than half the identified need, we have and will continue to call on the Tasmanian Prison Service, Department of Justice and the Tasmanian Government to increase the support available for Aboriginal people in custody.”
The over-representation of Aboriginal people in custody is getting worse, despite the Tasmania Government being a signatory of Closing the Gap.
The report also highlights the Tasmanian Prison Service is not meeting the United Nations Standard Minimum Rules for the Treatment of Prisoners (Nelson Mandela Rules) with the amount of time prisoners have out of their cells.
“This is unacceptable. Everybody, no matter if you are in custody or not, should have access to fresh air, be able to get outside, stretch their legs and get some exercise.
“The Tasmanian Prison Service and the Tasmanian Government, still has a long way to go to ensure the cultural needs of Aboriginal people and the minimum standards for all people in custody are being met”
“We would like to acknowledge Mr Connock and the Custodial Inspector team for continuing to hold the Tasmanian Prison Service and the Tasmanian Government to account.”
Mr Smith said TALS is committed to continuing its work with the Tasmanian Prison Service, Department of Justice, and the Tasmanian Government to address these issues and ensure that the needs of Aboriginal people in custody are better met.
Media release – Equality Tasmania, 23 December 2024
FOCUS ON SAFETY OF TASMANIAN LGBTIQA+ PRISONERS WELCOMED
Equality Tasmania has welcomed the state Custodial Inspector’s concern about the safety of LGBTIQA+ people in Tasmanian prisons.
In a statement released today the Inspector, Richard Connock, wrote,
“Members of the LGBTIQA+ community are particularly vulnerable in prison environments. Sadly, following the inspection, we observed evidence of two serious assaults on gay men by other people in custody occurring within the space of a month.”
Equality Tasmania spokesperson, Rodney Croome said,
“We are alarmed by repeated cases of abuse and violence against LGBTIQA+ people in Tasmania’s prisons and welcome the Custodial Inspector’s focus on their safety.”
“More training and better policies are required to ensure LGBTIQA+ prisoners aren’t subject to hate-motivated abuse and violence while serving their sentences.”
“We will continue to raise our concerns through the Department of Justice LGBTIQA+ Reference Group and we will work with the Custodial Inspector on developing expectations for the treatment of LGBTIQA+ prisoners.”
The Department of Justice is developing a Trans and Gender Diverse Prisoner Policy in consultation with its LGBTIQA+ Reference Group.
Mr Croome said, “We welcome the development of a Trans and Gender Diverse Prisoner Policy but the Department of Justice must also develop policies on gay, lesbian and bisexual prisoners and prisoners with innate variations of sex characteristics.”
Tasmanian transgender women, Marjorie Harwood, “suffered physical and sexualised assault and intimidation throughout her time in (Tasmania’s) male prison.”
Tasmanian gay man, Thomas Ingram’s defence lawyer, Emily Hindle, said “his sexual orientation made him a target” while he was in prison. Magistrate Sharon Cur said Ingram’s “sexual orientation would endanger him if he was sent back to prison.”
The Custodial Inspector noted some positive developments in Tasmania’s prison system including “evidence that the TPS is modelling positive leadership, with a (gay) couple being able to share a cell and the bullying of a LGBTQIA+ person in custody being proactively addressed.”
