Page 1013 - Week 04 - Thursday, 7 May 2020
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housed in the AMC for a very short period of time before then being transferred back to the court cells for a Monday morning bail hearing which may result in bail being provided.
This amendment will therefore reduce the risk of transmission of COVID-19 into the AMC by reducing the number of people with whom the detainees may come into contact through transportation and processing requirements while they are waiting to appear in court. The idea, basically, is that at the moment someone could well be taken to the AMC on a Sunday afternoon, processed through the entire system then brought back to court on Monday morning to then be given bail by the Magistrates Court. The approach we are trying to take here is that we feel that this is an unnecessary transfer. Whilst somebody will spend longer in the police cells, I think that, with the choice most people would have, they would probably rather just sit in the police cells for a little longer than be processed into the AMC.
While the legislation will be passed today, with the support of members of the Assembly, the provisions will commence by ministerial declaration, to allow time for ACT Policing and ACT Corrective Services to draft any required new policies and procedures. The amendment seeks to support the continued best practice operations of ACT Corrective Services during the COVID-19 pandemic. It really is focused on the health and wellbeing of detainees and reduces the need for detainee transport and unnecessary exposure to jail processes.
Whilst this measure clearly engages human rights, there are safeguards built into the bill to ensure that people in police custody will be cared for appropriately. At-risk detainees will still be transferred to the AMC if it is deemed that jail can provide the most appropriate level of care. I will be seeking the ongoing feedback of advocates and service providers, as well as monitoring this change to ensure that it is not adversely impacting vulnerable people in the justice system.
I turn now to the section of the bill that inserts a new part into the Corrections Management Act to create an extended leave permit scheme to allow the director-general to grant leave towards the end of an offender’s sentence. This provision, which will only commence by ministerial declaration, applies only during the COVID-19 period, to reduce the likelihood of the outbreak or spread of the COVID-19 virus in our jail.
I highlight that the director-general will be required to publish guidelines on the ACT legislation register to ensure effective and appropriate use of this provision and to ensure that the community is aware of the rationale and operational thinking that will guide the use of this provision if it is ever triggered.
The World Health Organisation has spoken about the threat within prison settings for transmission of the virus and the opportunity for prevention and control. In a recent decision, the Victorian Supreme Court heard and accepted evidence that in the event of the COVID-19 virus entering the prison it would spread more quickly than in the community, due to the closed environment. This has been recognised in a number of overseas jurisdictions, including the UK, which have implemented early release schemes.
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