Question On Notice No. 3025 asked in the Legislative Council on 11 August 2020 by Hon Alison Xamon
Question Directed to the: Minister for Environment representing the Minister for Corrective Services
Parliament: 40 Session: 1
Question
I note concerns about the use of separate confinement which
were raised by the Inspector of Custodial Services in the 2019 Inspection of
Casuarina Prison report, and I ask:
(a) is the Prisons Order for ‘disruptive prisoners’ referred
to in that report still being used;
(b) if yes to (a):
(i) how
many individuals are currently on a:
(A) level 2 regime; and
(B) level 3 regime; and
(ii) at which facilities are the individuals from (b)(i)(A)
and (b)(i)(B) being held; and
(iii) how many of the individuals from (b)(i)(A) and (b)(i)(B)
are Aboriginal;
(c) does the Minister intend to review this Prisons
Order;
(d) if no to (C), why not;
(e) if yes to (C), when;
(f) since the disruptive prisoner order has been in
effect, how many individuals have been on a:
(i) level 2 regime; and
(ii) level 3 regime;
(g) for (f)(i) and (f)(ii), for what length of time
was each prisoner on this regime; and
(h) if no to (a), will the Minister please table any
current Prisons Order relating to disruptive prisoners?
Answered on 15 September 2020
(a) Yes. L1 still applies. L2 and L3 have been suspended.
(b) (i) (A) level 2 regime – 0.
(B) Level 3 regime – 0.
(ii) Not applicable.
(iii) Not applicable.
(c) Not applicable.
(d) Not applicable.
(e) The Department of Justice, Corrective Services (Corrective Services) is currently undertaking an internal review of the order.
(f) (i) Level 2 regime – 81.
(ii) Level 3 regime – 19.
(g) (i) Level 2 regime:
|
Length of Time
|
Number of Prisoners
|
|
7 days or less
|
7
|
|
14 days or less
|
6
|
|
21 days or less
|
7
|
|
28 days or less
|
10
|
|
42 days or less
|
12
|
|
56 days or less
|
14
|
|
70 days or less
|
13
|
|
84 days or less
|
7
|
|
112 days or less
|
2
|
|
140 days or less
|
1
|
|
168 days or less
|
1
|
|
196 days or less
|
1
|
|
Total
|
81
|
Note: Level 2 Disruptive Prisoners are reviewed fortnightly as per the Disruptive Prisoner Order.
(ii) Level 3 regime:
|
Prisoner
|
Length of Time (Days) Per Prisoner
|
Committee reviews conducted during placement (excludes initial placement)
|
|
1
|
124
|
4
|
|
2
|
130 + 98**
|
4 + 3
|
|
3
|
22
|
1
|
|
4
|
85
|
3
|
|
5
|
85
|
3
|
|
6
|
54
|
2
|
|
7
|
53
|
2
|
|
8
|
53
|
2
|
|
9
|
88
|
3
|
|
10
|
53
|
2
|
|
11
|
53
|
2
|
|
12
|
53
|
2
|
|
13
|
53
|
2
|
|
14
|
88
|
3
|
|
15
|
7
|
0
|
|
16
|
3
|
0
|
|
17
|
3
|
0
|
|
18
|
132
|
4
|
|
19
|
55
|
5
|
** Prisoner was placed on the level 3 regime on two separate occasions.
Note: Level 3 Disruptive Prisoners are reviewed monthly by the Disruptive Prisoner Committee as per the Disruptive Prisoner Order.
For Corrective Services to extract the data to track a prisoners movements between levels would require the deployment of a resource to undertake a manual review.
(h) Not applicable.
Please note: Where a prisoner is assessed as being a ‘Disruptive Prisoner’ due to either violence, influence or other conduct or information which presents as a threat to the good order and security of the prison, they are placed on Disruptive Prisoner (DP) Level 1. DP Level 1 prisoners are managed on standard supervision within the general population.