Page 3164 - Week 12 - Wednesday, 18 November 1992
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counselling function there may not be much point in just providing the materials to help people protect themselves. People on remand may also feel even more under scrutiny if they have to approach a custodial officer for condoms or bleach. The relationship is a complex one and increased surveillance of remandees by custodial officers could prevent some remandees from requesting the kits.
Madam Speaker, this amendment Bill before us today allows third parties to distribute the available AIDS/STD kits to remandees. What I have sought to do with the introduction of this amendment Bill is to find the commonsense way around a current stalemate. Custodial officers will need to concede that what they see as illicit and illegal behaviour is taking place and has taken place. However, they do not have to be proactive in this regard. Their role in these changes is to facilitate contact between remandees and counsellors. In fact, the onus is generally on their not preventing that contact.
I can almost anticipate one criticism of this amendment Bill, and that is that if these kits are provided in the Remand Centre detainees will see their distribution as open slather for taking drugs and having sex. This will not be the case, as the drugs will still be illegal and their detection on a remandee still an offence. As for sex, the use of the contents of the kits can only make sexual intercourse safer.
It will probably be difficult for some people to accept that there is a need for these measures, but we have seen that in the general community the appearance of the HIV/AIDS virus has caused a lot of taboos to be removed and accepted moralistic attitudes changed in the interests of public health. Remand Centre inmates are members of the community who have been removed, mostly temporarily, because of allegations made against them. Their cases are yet to be proven, and their time in custody could well end with a return to the community.
The Corrections Review Committee report states that only 17.5 per cent of detainees received a prison sentence, while 8.8 per cent received non-custodial sentences. There is a risk, as there is in the general community, that if detainees indulge in risk taking behaviour they can be exposed to the AIDS virus and other sexually transmitted diseases. Members of the community have access to counselling on risk taking behaviour and access to clean syringes, bleach to clean used needles, and condoms and water-based lubricant for safer sex. People in the Remand Centre deserve the same consideration.
Madam Speaker, I urge members to examine this amendment Bill closely and to give it their support. Whatever individual opinions members may have about activities that have been described as taking place in prisons and remand centres around Australia, the appearance of the HIV/AIDS virus has ensured that moralistic arguments about drug taking and sexual activity are no longer sufficient in themselves to prevent risk taking behaviour from occurring. Members, we have the opportunity to minimise that risk taking behaviour occurring through the passage of this amendment Bill. Madam Speaker, I commend the amendment Bill to the Assembly and seek leave to present the explanatory memorandum for the Bill.
Leave granted.
MS SZUTY: Thank you, Madam Speaker. I present an explanatory memorandum for this Bill.
Debate (on motion by Mr Connolly) adjourned.
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