Page 360 - Week 02 - Tuesday, 20 February 2018
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In July 2017 the steering committee visited the AMC to see the AMC’s master control room in operation and inspect upgrades that have been implemented to the CCTV. The chair of the steering committee wrote to me after this site visit, stating:
I am satisfied that ACT Corrective Services are striving for best practice and optimal coverage in the operation of CCTV cameras. The changes implemented to date embrace the spirit of the Moss Review.
The improved quality of the images captured by the CCTV cameras has also since assisted ACT Policing with investigations of other assaults and incidents at the AMC. It is the view of the oversight steering committee that this recommendation has now been satisfied.
Recommendations 2 and 3 of the Moss review relate to the investigation of assaults at the AMC and the prosecution of alleged offenders. The Director of Public Prosecutions has confirmed that its existing prosecution policy supports the intent of recommendation 3, and where sufficient evidence exists a prosecution can be undertaken. This includes prosecutions that may involve reluctant or vulnerable witnesses, such as in a custodial setting. In addition, to address both recommendations, ACT Corrective Services and ACT Policing have worked collaboratively to update an existing memorandum of understanding, as noted in the government’s response to the Moss review.
The new MOU was signed by both agencies on 28 April 2017. It sets out the working relationship between ACT Policing and ACT Corrective Services. It includes procedural details relating to information-sharing arrangements, cooperative management arrangements relating to serious incidents and operations, and details the nature of incidents to be reported to and responded to by ACT Policing.
Since the signing of the MOU and enhancements being made to the CCTV system at the AMC, ACT Policing has investigated a number of allegations of assault at the AMC that have proceeded to prosecution. This demonstrates that the intent of the Moss review around pro-investigation and prosecution is being achieved.
The Moss review also concluded that notification about a death in custody of an Aboriginal and Torres Strait Islander detainee needs to be made by an Aboriginal and/or Torres Strait Islander person. This is the most culturally appropriate and sensitive way to deliver such devastating news. The MOU between ACT Corrective Services and ACT Policing establishes such a protocol, should it be required in the future. This approach is in the spirit of recommendation 19 of the Royal Commission into Aboriginal Deaths in Custody around notifications to next of kin.
Moving forward, ACT Policing and ACT Corrective Services continue to meet quarterly to review their working relationship and ensure appropriate information-sharing arrangements are being met and to discuss how both agencies can work together to create a safer environment for detainees and the broader community.
The chair of the steering committee has informed me that there has been extensive discussion and deliberation by the committee about the ACT Policing investigation
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