Conditions for detainees at the Alexander Maconochie Centre have declined since 2019, despite pockets of progress and areas of promise for systemic improvements, the ACT Inspector of Correctional Services (ICS) stated in its 2022 Healthy Prison Review of the AMC, published last week.
“The most glaring issue to come out of this review is the widespread boredom experienced by detainees, stemming from lack of any education, few meaningful employment opportunities, and limited opportunities for rehabilitation and preparation for release,” the ICS stated.
“The limited opportunities for rehabilitation over the past three years at the AMC is letting down detainees and the ACT community alike.”
The report states that the COVID-19 pandemic reduced detainees’ time out of their cells and access to programs and visits, while also putting pressure on staff.
However, detainee boredom, lack of any education, and a perceived decline in staff / detainee relations were chronic issues, and could not be attributed to the pandemic alone, according to the report.
Drawing on extensive consultations with detainees, staff and working with experts with lived experience, the report makes 29 recommendations to the ACT Government.
The ACT Government will carefully consider the 63 findings and 29 recommendations in this report and will provide a formal response to the Assembly in the first half of 2023, Mick Gentleman, ACT minister for corrections, said.
Boredom
Almost eight in 10 detainees (79 per cent) – an increase of 15 per cent from 2019 – said they were bored most of the time, because there were not enough productive things to do.
“I’m bored all day every day,” one detainee said.
“With very little to do all day, many detainees have no routine or daily responsibilities and, as a result, lack motivation to participate in their own rehabilitation and preparation for release,” the OICS declared. “There is little incentive for people to get out of bed and participate in daily activities, which OICS finds entirely unacceptable.”
Eighty-two percent of detainees disagreed that education options at the AMC met their needs.
“There is no link between what they offer here and actual job opportunities in the community,” a detainee said.
No education has been provided at the AMC since September 2021, more than 12 months ago, and no education provider or recommencement date had been confirmed, the report found. In the last year, only 16 per cent of detainees were offered Vocational Education and Training (VET) courses.
“Rehabilitation is maximised when detainees are spending their days completing programs, engaging in education and training, working, and staying active,” the OICS stated.
“The absence of education can have significant implications for detainees’ rehabilitation and future employment prospects. This matter must be addressed as a matter of urgency.”
The Transitional Release Centre is intended to provide individualised support for reintegration into the community, but it is only available to male detainees, and only four of the 20 beds (20 per cent) are being used; it was completely closed for 11 months due to COVID-19.
“[People with long sentences are] not being accepted to TRC and then being released into the community with absolutely no attempt at reintegration,” a detainee said.
“It is imperative that the promise of the TRC as a means to a smooth transition back to the community is realised,” the OICS stated. “Support in preparing for release is important to reduce risks of reoffending after release.”
Indigenous over-representation
Indigenous people were over-represented in the AMC, the report found: they made up 27 per cent of the prison population. Indigenous people were 21 times more likely to be imprisoned than non-Indigenous people; they were subject to 55 per cent of all Use of Force incidents, 47 per cent of all segregation orders, and 41 per cent of maximum security classifications. 44 per cent of people surveyed stated their needs as Aboriginal people were never met.
The review noted the excellent practice of Winnunga Nimmityjah as an Aboriginal community controlled health service providing primary care in AMC. However, while there were, on average, 100 Aboriginal and Torres Strait Islander detainees at the AMC, Winnunga Aboriginal Health Service only has capacity for 30 Indigenous detainees. The review also identified a pressing need to improve relationships between Winnunga and Justice Health as siloing of services resulted in significant clinical risks.
Women
The ACT Council of Social Service (ACTCOSS) was concerned about major gaps in the provision of basic healthcare, inadequate infrastructure, and inappropriate services for women.
Some detainees waited up to eight weeks to see a doctor, and many detainees experienced unnecessary delays in accessing their prescribed medications, the report found. 84 per cent reported it was difficult to get general medical services, and 88 per cent reported it was difficult to get specialist medical services.
“I was working in health last week,” one staff member said, “and there were 17 appointments. Two detainees were seen that day.”
Women make up 7 per cent of detainees, and, one detainee said, “get looked at as one small group and not a diverse group with diverse needs”.
Accommodation options for women do not enable staff to appropriately manage needs including protection, segregation, or intensive support in a gender responsive way, the OICS found.
“In the women’s accommodation, there is no separation of cohorts,” one detainee said. “There is no area for protection, there is nowhere for people to be who require observation, there is no distinction between maximum and minimum classification.”
Women detainees were regularly locked-in for extended times; had programs, activities, and appointments cancelled; and had trouble accessing health appointments, counselling, legal representation, case managers, and support for tertiary studies.
The OICS was disappointed that the Women’s Health Service Trauma Counsellor no longer attended the prison; in their view, the service was well used, and provided a much-needed trauma-informed, gender-responsive counselling service for women in custody.
Disability
Significant work has been done since the 2019 review to make AMC more disability aware, the OICS found. The creation of a Disability Liaison Officer working in the jail improved support, and detainees with disability spoke positively about the care they receive from staff in the Assisted Care Unit, though there is more work to do including making induction processes more accessible.
ACTCOSS, however, noted that detainees with disability lacked support for daily living and personal care tasks, despite progress at the policy level.
Recommendations
Among other recommendations, the OICS advised ACT Corrective Services to remove barriers to participation in distance tertiary education, including interim measures for detainees who are enrolled; to create a senior level Aboriginal identified head office position to lead and drive policy and operational approaches to reduce the disadvantages of Aboriginal and Torres Strait Islander detainees; to introduce expert-informed induction materials to increase information accessibility for detainees with disability, including video and Easy Read materials; to develop a strategy to prevent, track and respond to incidents of sexual coercion and violence; and to refurbish and expand healthcare facilities and increase access to telehealth.
Dr Gemma Killen, ACTCOSS Head of Policy, said: “ACTCOSS welcomes these recommendations and calls on the ACT Government to fully address the worsening problems experienced by AMC detainees in vital areas such as education, health, Aboriginal and Torres Strait Islander over-representation, and women’s safety.
“These recommendations reflect the community’s aspirations for the ACT’s prison – one that provides equivalence of care and decent services and protections for detainees, a safe and meaningful work environment for staff and a rehabilitative environment that delivers for our community.
“While the quality of rehabilitative services, accessibility and detainee safety in the AMC remains a concern, we commend OICS’ thorough consultation, as well as detainees and staff for their participation in the process.”
ACTCOSS said it looked forward to working with the community sector, the OICS, and other oversight bodies to monitor the implementation and progress of these recommendations.
ACT Government response
Mr Gentleman said that reports such as the Healthy Prison Review 2022 helped to provide scrutiny and accountability in the ACT justice system.
“Throughout this term of Government, progress has been made to improve outcomes for staff and detainees within ACT Corrective Services,” Mr Gentleman said.
“This includes delivery of a new Integrated Offender Management (IOM) Framework and a new Incentives and Earned Privileges (IEP) scheme. The IOM Framework ensures a better coordinated approach to working with detainees from the time of entry into custody to transition back to the community.
“Considerable effort has been made to reduce personal searches, with almost 50 per cent fewer personal searches carried out in 2021/22 compared to the previous financial year.
“There are also a range of reforms to improve outcomes for staff underway as part of the Blueprint of Change process, which I initiated when I took over as Minister for Corrections.
“The 2020 storms caused considerable damage to the prison, and we have been working on repairs in this term of government.
“Additionally, while ACT Corrective Services made every effort to minimise the impacts of COVID-19 restrictions and lockdowns on detainees’ wellbeing, we acknowledge that, like the rest of the community, it has been a challenge.
“While we all wish that we didn’t have to detain people, it remains an unfortunate necessity. That being said, the new Commissioner and I continue with a progressive, responsive, and outcomes-focused approach to AMC and ACT Corrective Services.
“There is always more work to do, and Canberrans can rest assured that we are committed to doing it,” Mr Gentleman said.
