Page 2358 - Week 06 - Thursday, 23 June 2011

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done in an appropriate way and was due process followed? Human rights and rights seem to be afforded to prisoners at the AMC but not necessarily to the superintendent.

I make the point again that Mr Buchanan supports this motion. Mr Buchanan wants this in the public light. Mr Buchanan is the person that wants to air what occurred and find out whether he has been treated fairly or not and make sure that that is properly investigated. He has made comments in the media. There is no desire from Mr Buchanan to have this covered up the way that the government wants to cover it up and the way, sadly, that the Greens want to cover it up.

So it is not just about an individual, although he is an important part of the process and an important part of what has happened, but it is the systemic problems that Hamburger warns about. If we do not have that continuity of leadership, there will be safety and security issues at the jail.

It is difficult for us to glean exactly what has occurred at the jail in this incident but it would appear that there was an incident involving the use of force, that a complaint was made by a convicted prisoner or two to the human rights commissioner and that, as we can understand from our questioning, prior to that being referred to any appropriate authority such as the police Mr Buchanan’s employment was terminated. From what we have been able to glean, due process does not appear to have been followed.

We followed this up in the estimates process and we asked the minister repeatedly for an explanation. And I will give you some quotes. Mr Corbell said:

Obviously, once the matter was drawn to ACT Corrective Services’ attention the department engaged in a discussion with the acting superintendent and as a result of that discussion the acting superintendent has agreed to return to his substantive position in the New South Wales Corrective Services.

Mr Smyth, the chair, said:

So he has agreed; he has gone voluntarily?

Mr Corbell refused to answer whether it was voluntary or not and continued with his theme, which was:

He agreed to return to New South Wales, yes, so it was a matter that was dealt with with his agreement.

Mr Smyth continued:

So was his secondment terminated by the ACT or did he choose to go of his own accord?

Mr Corbell said:

He agreed to return …


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