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Acacia Prison
Wooroloo, Australia
Serco (AIMS, and Sodexho formerly CCA)
January 15, 2010 West Australian
Confiscated contraband which could include weapons, drugs and pornography is
missing inside WA's biggest men's jail, prompting an internal investigation into
the security breach. The Department of Corrective Services confirmed the
contraband was found to be missing at privately-run Acacia Prison last week and
that some had not been recovered. Corrective Services security director Simon
Kincart said the department was confident the contraband, which was taken from a
storage cabinet, would be found soon. The department refused to say what the
contraband was and would not answer questions about whether prisoners or staff
were suspects or whether the cabinet had been left unlocked. "Internal
investigations are continuing and I'm not prepared to make any further comment
which may risk compromising prison operations," Mr Kincart said. Shadow
corrective services minister Paul Papalia said the incident was a serious
security breach and highlighted the pressures from chronic overcrowding in WA
jails. Corrective Services Minister Christian Porter said he was aware of the
situation at Acacia and the department was investigating the matter. Serco
Australia, which runs the jail, said it had nothing to add to the department's
statement.
December 29, 2009 The Western Australian
A violent prisoner who assaulted four jail staff and was involved in a dozen
other aggressive outbursts was allowed to stay in the general medium-security
prison population, leaked emails from Acacia Prison reveal. The confidential
emails from concerned workers to management claimed staff shortages were partly
to blame for the unsafe working environment. The emails, obtained by "The
West Australian", said management should have put the violent prisoner on a
close supervision order or under a specialist management regime. The staff
indicated in some of the emails, written between September and this month, that
individualised attention was increasingly difficult as staff were struggling
with heavy workloads at the overcrowded jail. There is one less staff member now
compared with when the prison had 150 fewer inmates. The staff said there had
been 22 staff recruits since the additional inmates, but 23 had left or were on
long-term leave. The emails said the violent prisoner's 16 aggressive incidents
included him groping the jail's female chaplain. "We are all aware that we work
in a prison, but allowing one prisoner to perpetrate four assaults in six months
and still stay medium security needs to be addressed," a worker wrote. The staff
claim that managers from Serco Australia, which could not be contacted
yesterday, told them they wanted to keep the prisoner in the mainstream jail
population to "normalise" him before he was moved to a country facility. Another
guard said in an email that a lone female guard had to supervise 150 inmates
during outdoor activity. The guard was concerned at the big number of prisoners
and feared for her safety because the group included a prisoner who had
continually threatened to rape and kill her. "Incidents of a
threatening/confronting nature have resulted in staff securing themselves rather
than controlling situations," the guard wrote. "Recent incidents reflect the
sentiment of prisoners who are fully aware of the staff's lack of ability to
contain the prisoners here in an emergency situation." Shadow corrective
services minister Paul Papalia said it was important to discuss the problems
because Serco Australia was likely to be considered for new jail contracts. Mr
Papalia said staff shortages meant the prison was not achieving the number of
organised activities required under its contract. The Community and Public
Sector Union said there were continuing concerns about staff safety as prison
populations increased, causing tensions in sleeping quarters and in places such
as the kitchen and gym. Attorney-General Christian Porter said yesterday it was
difficult to verify the accuracy of the staff claims but said: "I have asked the
Department of Corrective Services to check each of these allegations thoroughly
to see if they can be verified."
November 26, 2004 The West Australian
A drug dealer is suing the company that runs WA's only private prison over an
injury he sustained while working in the prison workshop. Pasquale
"Peter" Mancini has twice been operated on at Hollywood Private
Hospital while serving a 10 1/2-year jail term resulting from police operations
that netted big amounts of heroin, cocaine and speed. He launched legal
proceedings against Australian Integration Management Services this month over
the rupturing of his pectoral muscle. His writ alleges he was exposed to danger
while working as the leading hand at the Acacia Prison workshop and wasn't given
prompt medical treatment, exacerbating the injury. He claims AIMS failed to
maintain a safe system of work, required him to lift boards alone, and did not
provide mechanical or other assistance.
April 7, 2004
GUARDS at privately run Acacia Prison in Wooroloo remained
on strike last night in a stand-off with prison management over the guards'
claim of dangerously low numbers of staff and the suspension of a union
delegate. About 100 guards on strike claim that Australian Integration
Management Services does not put enough staff on each shift to ensure safe
working conditions. The union wants at least 32 guards on a shift to supervise
about 740 inmates. Spokesmen for the company did not return phone calls
yesterday. The strike began on Monday when the company suspended a union
delegate who had called an Acacia Joint Unions meeting, then escorted from the
jail about 40 guards at the meeting and locked them out. Jail guards on the next
shift voted not to work. Community and Public Sector Union branch
secretary Toni Walkington said the union wanted the suspended delegate
reinstated and an opportunity to discuss staffing and other issues with
management. "They just don't appear to be prepared to sit down and discuss
in a meaningful way," she said. Before the strike, guards had met at the
start of each shift to make sure there were enough staff on it. "Basically,
Acacia has paid less than rates payable in public prisons and staffing levels
have not met the same standards and we have tried bargaining processes and a
whole range of different avenues to meet what are adequate standards, not
necessarily the same as public standards, but adequate standards," Ms
Walkington said. "We have managed mostly to be able to talk that through
but what has become evident is that Acacia need to make savings in their
operations. "Basically, we think that they can't return a profit as a
privately operating prison so they're just squeezing their workforce to make the
difference between a profitable operation and an operation running at a
loss." The jail was being run by a skeleton staff, mainly of
management. "Without a doubt, the normal activities of the prison
cannot occur at the moment so prisoners will have to be spending most of their
time locked up in the cells," she said. "There will be no programs
addressing issues of why people first offended, no education, their activities,
rehabilitation programs won't be happening." (The West.com)
April 6, 2004
The union representing prison officers at the Acacia Prison east of Perth says
workers will continue to press their claim for increased staffing levels.
The Liquor Hospitality and Miscellaneous Workers Union says officer numbers at
the private prison are simply inadequate. (ABC.net)
October 4, 2000
The Victorian Government has taken control of one of its prisons away from CCA
claiming it failed to act on security issues. However, CCA has the contract to
run West Australia's new Acacia at Wooroloo. Labor's spokesman for justice, Jim
McGinty, says the situation will have to be closely monitored.
Arthur
Gorrie Correctional Center
Wacol, Australia
GEO Group (formerly Wackenhut Corrections)
March 11, 2010 ABC
Queensland's Indigenous community will march on State Parliament today,
enraged over the circumstances surrounding a recent death in custody. An
18-year-old prisoner died late last month and there are claims Brisbane jail
staff denied him adequate medical treatment even though he was too sick to walk.
Today's march coincides with the reopened inquest into the controversial Palm
Island death in custody. Prison chaplain Reverend Alex Gator says inmates at the
Arthur Gorrie correctional centre called her with news of the latest tragedy
last month. "This young youth, only 18 years of age, he had spent five weeks on
remand and then the five weeks he was at Arthur Gorrie he became ill, so he was
ill for six days," she said. "The first time he'd gone to the medical centre he
was given Panadol, other times he'd gone he was told that there was nothing
wrong with him. So he was repeatedly denied medical assistance. "Towards the end
the boys had to carry him, the Murri boys in his unit had to carry him, because
he could hardly walk. "They nearly caused a riot, the Murri boys. They yelled
out to the officer, 'get him to the hospital' because something was wrong with
him. "And one officer made the comment, 'Well if he can go to the toilet,
there's nothing wrong with him'." Reverend Gator says the teenager was
ultimately rushed to hospital and put on life support. But he died a few days
later on February 20. "I conducted a memorial service. The boys said they only
saw him a couple of weeks ago talking, laughing, joking and next thing they hear
this young man is dead," she said. Reverend Gator says the teenager should never
have been put in jail because he had a serious pre-existing medical condition.
"That is the question we're asking - why? Why was he in prison, not in hospital?
I mean he wasn't a terrorist, a paedophile, rapist or a murderer," she said. "He
was in there for a misdemeanour. And as far as I'm concerned, it's just racial
discrimination towards Aboriginal people. This is about racial hatred attitudes
towards Aboriginal people. "They're deliberately turned away and told there's
nothing wrong with them. And Corrective Services have failed in their duty of
care to provide a service to this young man." 'Could have been avoided' --
Brisbane Indigenous community leader Sam Watson says news of the death in
custody has spread like wildfire. "We are very concerned about this because this
appears to be yet another Aboriginal death in custody that could have been
avoided, that should have been avoided," he said. Queensland Corrective Services
has issued a written statement saying "there are no suspicious causes" in the
teenager's death. The statement adds that all deaths in custody are referred to
the coroner and to the chief inspector of prisons for investigation. But Mr
Watson says the Indigenous community is calling on the Queensland Government to
instigate a full coronial inquest. "There have to be a lot of questions
answered. We want to get to the bottom of this and we want to do it very, very
quickly," he said.
June 1, 2008 Courier Mail
A CAREER criminal on remand for assault was accidentally released from a
privately run Brisbane jail last week. Three prison staff have been suspended
over the security bungle at the Arthur Gorrie correctional centre at Wacol in
Brisbane's west. Prison sources said the breach occurred when staff were
processing the inmate for release into police custody. Police had been granted a
court order to remove the inmate on Tuesday in relation to a break-and-enter
investigation. However, prison staff discharged the inmate for release and gave
him his property. Police arrived to collect him from a high-security area at the
rear of the jail, which is used for transferring inmates, but they were directed
to the reception area. Queensland Corrective Services denied the man was
wrongfully discharged, saying the jail's operator, the GEO Group Australia, had
reported there had been a "breach of internal security procedures". She said at
no time was the inmate, who has since been returned to the jail, not in prison
or police custody. She confirmed jail management suspended three staff as a
result of an internal report on the incident and an investigation was under way.
State Opposition prisons spokesman Vaughan Johnson demanded a full investigation
into the incident, saying the jail had mismanaged the custodial process.
January 19, 2008 ABC
Prison guards who walked off the job at Queensland's biggest remand centre
yesterday are now back at work. Brisbane's Arthur Gorrie Correctional Centre had
been locked down since Friday afternoon, with only a skeleton management team
running the centre and police patrolling the perimetre. The guards began their
strike after being ordered to stop handcuffing prisonners with their hands
behind their backs. The remand facility operators, Geo, had requested a hearing
before the Industrial Relations Commission this morning, but Geo spokesman
Pierre Langford says Geo and the Miscellaneous Workers Union representing the
guards will instead continue their talks on Monday. "I suppose I would like to
say on behalf of Geo Group Australia that we appreciate the assistance that the
commission has provided us with today," he said. "At this point in time the
parties have agreed to get back together early next week, to have further
discussions and our employees have returned to work today, so we're pleased with
that."
October 25, 2006 Townsville Bulletin
A TENDER for the state's two privately-run prisons is not a criticism of the
current operators, the Queensland Government said today. Corrective Services
Minister Judy Spence said new tenders to run Borallon and Arthur Gorrie
correctional centres, valued at a total of $200 million, would ensure taxpayers
got value for money. "It is not about the performance of the current
operators,'' Ms Spence said. The Arthur Gorrie jail has been under fire in
recent years over a number of deaths in custody, security failures and assaults
on prisoners by staff. Borallon made headlines four years ago when a report
showed it had the highest rate of illicit drug use in the state, with almost one
in three prisoners using drugs. Four companies will be invited to tender: GEO
Group Australia Pty Ltd, GSL Australia Pty Ltd, Management and Training
Corporation Pty Ltd and Serco Australia Pty Ltd. GEO currently operates Arthur
Gorrie, and Management and Training Corporation operates Borallon. Ms Spence
said the contracts would be for five years, with an option for Queensland
Corrective Services to extend them for a further five years. The tenders will be
evaluated in the first half of next year with new contracts to start on January
1, 2008. An independent probity auditor has been contracted to oversee the
entire project.
November 30, 2005 Australian
THE bonus and penalty system on which private prisons in Australia are run has
been accused of encouraging operators to cover up riots and drug abuse by
prisoners. Queensland Prison Officers Association secretary Brian Newman
yesterday accused private prison operators of covering up incidents in their
facilities that could threaten performance bonuses worth up to $500,000 a year.
"Nine years ago I worked at Arthur Gorrie (Correctional Centre at Wacol,
west of Brisbane) and I would make drug finds but the drugs would be flushed
down the toilet in front of me by senior officials," Mr Newman said.
"You were powerless to do anything about it. "Anecdotal evidence given
to me is that it still goes on today. There is no incentive for privately run
prisons to report incidents." The management contract of Arthur Gorrie
operator, the GEO Group, formerly known as Australasian Correctional Management,
with the Queensland Government provides a $500,000 performance bonus to prevent
crime, drug abuse and riots. The Arthur Gorrie contract, a copy of which has
been obtained by The Australian, says the $500,000 bonus will be reduced by
$100,000 for each escape, "loss of control (riot)" or death in
custody. Penalties of $25,000 are also imposed for a string of problems such as
discharging a prisoner in error, assaults by prisoners resulting in injury or a
case of self-harm or attempted suicide. Other incidents that incur the $25,000
penalty include serious industrial injuries, deliberately lit fires, major
security breaches such as attempted escapes or hostage-taking and loss of
high-risk restricted articles. If random urine tests disclose that drug use in
the prison is higher than 9 per cent and does not reduce towards the target of
4per cent, the penalty applicable is also $25,000. The bonuses and penalty
provisions are the same for the contracts the GEO Group, the Australian
subsidiary of the Miami-based Wackenhut, has with the Victorian and NSW
governments to run the Melbourne Custody Centre and the Fulham and Junee
prisons. Mr Newman said his association had asked the Queensland Government to
conduct an inquiry into allegations by staff at Arthur Gorrie that
"incidents" had been covered up "to avoid financial penalty to
breach of contract". GEO Group is paid almost $800 a week for each of the
710 prisoners housed at Arthur Gorrie. A spokesman for Queensland Corrective
Services Minister Judy Spence yesterday confirmed that contracts for privately
run prisons did provide for performance bonuses. "However, we are not able
to confirm amounts or any details on payments or deductions regarding the
bonuses as these matters are commercial in confidence," he said. Col
Kelaher, GEO Group executive manager of operations, said he could not comment on
the contract with the Government.
January 26, 2005 South-West News
WORKERS at the Arthur Gorrie Correctional Centre at Wacol staged a strike from
noon Friday to 5pm on Saturday over a wages and conditions dispute. The Liquor
Hospitality and Miscellaneous Union accused correctional centre owners GEO Group
of not meeting its obligations under the Queensland Industrial Relations Act.
Union prisons organiser David Pullen said the centre's 700 prisoners were locked
down in cells during the strike. GEO group managing director Pieter Bezuidenhout
said the action ended after an IRC officer recommended a return to work.
December 24, 2004 Courier
Mail
QUEENSLAND'S prisons are overcrowded and urgently require more funding to
stop the growing number of inmate deaths, a report by a state coroner has found.
The
findings came at the end of an inquiry into the suicide of prisoner William Mark
Bailey in November 2002 at the Arthur Gorrie Correctional Centre. Deputy state
coroner Christine Clements found no one else was responsible for Bailey's death
and recommended no further action. Arthur Gorrie, a remand and reception
centre that temporarily holds prisoners awaiting court hearings, can hold up to
800 people. It is managed by GEO Group Australia but owned by the Queensland
Corrective Services department. "Evidence was given that there are 250
cells at Arthur Gorrie but at the time of the inquest there were 750 prisoners
being held at the facility," Ms Clements said.
October 28, 2003
SEVERAL serious security flaws have been uncovered at Brisbane's privately run
Arthur Gorrie prison, which houses Queensland's most notorious inmate, Postcard
Bandit Brendan Abbott. An internal report conducted after an assault on a
prisoner in the jail's maximum security unit found major deficiencies including
prison doors jamming and staff being unaware for up to 90 seconds that
doors were open. The revelations will put further pressure on jail
operator Australasian Correctional Management, a subsidiary of US giant
Wackenhut. Corrective Services Minister Tony McGrady put the company on
notice that it might lose its contract after staff failed to report the alleged
assault within the required time. The assault led to the resignation of
the prison's general manager, the suspension of four maximum security unit
prison officers and a correctional manager being stood down. The jail
houses some of the state's most dangerous prisoners including convicted killer
Jason Nixon. An internal investigation was launched at the jail after Mr
McGrady found out about the incident through The Courier-Mail and issued
ACM with a non-compliance notice. Mr McGrady is yet to view the report of
the investigation, which has been obtained by The Courier-Mail. The
report was prompted by an alleged assault on serial rapist Troy Burley on
October 11 in the MSU of the Arthur Gorrie Remand and Reception Centre
after a bungle enabled an inmate to get through a door in the exercise yard to a
common area and bash him. The report found: • The doors in the
exercise yard tended to bounce away from the magnetic hold and were not
constructed specifically for the electronic security system. •
Electronic failure did not contribute to the alleged attack on Burley and a
prison officer had not waited for confirmation a door had closed. • The
closed-circuit television which monitors prisoners was obsolete and inadequate
for a such a high-risk area. • The practice for prisoners to open doors
under intercom direction from staff had led to an "undue familiarity".
Prison sources said the intercom system was used because there was not enough
staff in the MSU. "The crims are escorted at all times for the first
few weeks they are in the MSU, after that they can buzz the main controllers to
get in and out of their cells," a prison source said. The internal
report recommended the four officers in the MSU be disciplined over the Burley
incident, console operation training be reviewed and the surveillance and
electronic security door control be upgraded. The breach at the jail came
three days after inmate Mark Day was killed in the exercise yard at the nearby
Sir David Longland jail's MSU. State Opposition Leader Lawrence Springborg
accused Mr McGrady of double standards for not taking action against staff at
Sir David Longland over Day's murder. "Mr McGrady jumped up and down
demanding answers from Arthur Gorrie. We didn't see that when a prisoner was
murdered in a state-run prison," Mr Springborg said. The Queensland
Prison Officers Association said the report's findings showed ACM was more
interested in profit and cost-cutting than rehabilitation of prisoners.
"It's an example of human warehousing – locking criminals away and moving
them around by remote control rather than them having one-on-one interaction
with prison officers," spokesman Brian Newman said. (The
Courier-Mail)
October 23, 2003
A QUEENSLAND private jail being investigated over security failures is again
under scrutiny over an alleged assault. A Department of Corrective
Services spokesman said today an investigation was under way into a maximum
security prisoner's claim that he was assaulted by staff while being handcuffed.
Operators of the Arthur Gorrie Correctional Centre, Australasian Correctional
Management, were issued with a non-compliance notice after they failed to notify
authorities of an alleged assault between two prisoners in the maximum security
unit last week. (News.com.au)
October 14, 2003
STATE Prisons Minister Tony McGrady has put a Brisbane jail on notice and warned
its private operators they may lose their contract after the company failed to
report an assault on an inmate in a maximum security unit.
The attack in the Arthur Gorrie Remand and Reception Centre at Wacol on
serial rapist Troy Burley last Friday follows the murder of an inmate in a
similar unit at a nearby state-run jail. It also emerged last night the
attack on 28-year-old Burley was the second major security breach in the jail's
MSU since July. The first breach also involved Burley. The second incident
happened when a staff bungle enabled an inmate to get through three doors into
the common area and bash Burley. The most dangerous prisoners are housed
in Queensland's two maximum security units. They are allowed to move outside
their cells only while handcuffed and under escort. An angry Mr McGrady
last night served a non-compliance notice on Australasian Correctional
Management after he learnt of the assault through The Courier-Mail.
"Indeed, had they been issued with a prior non-compliance notice,
termination of the contract would have been a likely outcome today," he
said. ACM has seven days to respond to the Corrective Services Department
with a new MSU strategy. Mr McGrady declined to comment on whether he was
still confident of their ability to operate the jail. (The Courier-Mail)
January 13, 2003
GUARDS at Arthur Gorrie Correctional Centre fear the maximum security prison
could be severely under-staffed for up to 48 hours, placing staff and prisoners
ar risk. About 300 prison officers are expected to walk off for 24 hours
after meeting today about failed negotiations on an enterprise bargaining
agreement. Their union expects Australasian Correctional Management, which
operates the prison, to retaliate by locking out the guards for another 24
hours. Prison officers have made a claim for a 7.5 percent, or $52-a-week,
pay rise. ACM has offered 1 percent less than the CPI, or 2 percent,
whichever is greater.
February 12, 2003
Prison guards at
Brisbane
's privately-run maximum security Arthur Gorrie jail will walk off the job for
a three-day strike from Sunday, in an attempt to force a pay rise.
The Liquor, Hospitality and Miscellaneous Workers Union (LHMU) warned the
dispute would continue until the jail's employer, Australasian Correctional
Management, matched the guards' pay to that of public sector prison employees.
"The wages of private prison officers are already behind those of
public sector officers, therefore if we accept any less we will forever and a
day be going backwards," LHMU Queensland secretary Ron Monaghan said.
Mr Monaghan warned the prison operator not to use untrained staff to do
the guards' work during the upcoming strike - the third in as many weeks.
"It's a maximum security reception and remand centre so you have all
sorts including hardened criminals - it can be volatile," Mr Monaghan said.
(AAP Newsfeed)
Auckland
Central Remand Prison
New Zealand
GEO Group (formerly known as Wackenhut Corrections)
July
19, 2005 Stuff
An inmate in Auckland's former private prison who stowed
away in a shipping container to depart New Zealand should be sent back here to
face rape charges, says a Fiji court. The Suva Magistrate's Court
recommended that Shumendra Nilesh Chandra, 30, a computer operator, of Auckland
be sent back to New Zealand. Australasian Correctional Management,
which managed Auckland Central Remand Prison until its contract expired
recently, had to pay the Government $50,000 for the escape, under the terms of
its contract. The company said at the time that its investigation into how
Chandra allegedly slipped his handcuffs and fled guards was unable to find out
how he did it.
July
13, 2005 Scoop
The return today of New Zealand's only privately run prison to public sector
management is an opportunity for the Corrections Department to prove it can
deliver a first-class service, Green Party Justice Spokesperson Nandor Tanczos
says. The Department took over management of Auckland Central Remand Prison from
the GEO Group at midnight last night. "The Green Party welcomes the
handover today of the management of the Auckland Central Remand Prison to the
public sector," Nandor says. "I call on new Corrections Department CEO
Barry Matthews to use this as an opportunity to deliver best prison practice.
There is no reason why the public sector can't provide a better service than the
private and now is the time for Mr Matthews to demonstrate this.
"International experience shows widespread abuse and poor conditions in
many privately run prisons. ACRP was clearly a loss leader designed to be a foot
in the door for the private prison conglomerates. It is extremely unlikely that
any further private prisons here would all be run as well as ACRP was by Mr
Karauria and his team. "But
the principle issue is that prisons must be run by the public sector. As one of
the most tangible manifestations of state power, they must be fully accountable
to the people of New Zealand. A profit-driven service is ultimately only
accountable to its overseas shareholders. "There
have been some clear cases of this lack of accountability in Australia. For
example ACM, the predecessor to Geo, placed a contractual obligation upon some
of their staff to not provide information to the judiciary, which would have the
effect of inhibiting the investigation of abuse and mismanagement. "It must
also be remembered that private prisons can have a corrupting influence on the
political system, in that they create a profit motive to the lobby for longer
custodial sentences. "The Green Party have taken a number of steps to
increase accountability in the public sector through changes to the Corrections
Act and a written commitment to the establishment of an independent prison
inspectorate from the Labour-led Government," Nandor says.
July
13, 2005 Scoop
The Public Service Association (PSA) is welcoming the return of the Auckland
Central Remand Prison to the public prisons service. The Public Service
Association (PSA) is New Zealand’s largest state sector union, and has a
growing membership at the Department of Corrections. The contract between the
Department and Australasian Correctional Management Limited to run the remand
prison expired overnight. It will now be run by the Department of Corrections.
PSA National Secretary Brenda Pilott said workers employed by the private prison
operator had, in effect, made the operation profitable since they were employed
on poorer terms and conditions than the rest of the nation’s prison staff.
“Imprisoning people for the crimes they have committed is a core role of the
state and it should never be hived off to a private operator for profit. “The
ACRP experiment proved that the exercise was a simple cost-cutting exercise of
the type imposed across the public sector during the 1990s. “It employed fewer
officers per inmate and paid them less than staff employed by Corrections at all
the other prisons across the country. “At a time when Corrections is finding
it increasingly difficult to recruit and retain quality staff it beggars belief
that National would advocate greater use of private prison contracts. More
private prisons would inevitably drag down pay and conditions for all prison
staff and make recruitment even harder. “National’s
advocacy of tougher, longer sentences for a wider range of offences means it
must be planning to employ many more prison staff. We have to ask who they think
is going to staff them?,” Brenda Pilott said.
July
13, 2005 New Zealand Herald
Prisons run by private companies are not an option, Corrections Minister Paul
Swain says. Opposition parties have
said that ending private participation in the prison system is a triumph of
ideology over commonsense, but Mr Swain said the simple issue was that private
companies should not make profits out of prisoners. However, Auckland Central
Remand Prison (ACRP) was well managed before it was handed back to the state
today. "In the end, we have a public prison service, a public police force,
a public courts system," he said on National Radio. "This is a role
the Government or the public should be involved in, not the private
sector."
July 12, 2005 Scoop
The GEO Group,
holders of the private management contract for the Auckland Central Remand
Prison, said today that although they were extremely disappointed that the
contract had come to a close they would like to thank all of those people who
have supported them during their time in New Zealand. The contract ends at
midnight on July 12.
January 25, 2004
An investigation into how an inmate from Auckland's private prison slipped his
handcuff and fled guards has been unable to find out how he did it. Nilesh
Chandra was due to appear in court on sex-related charges, including rape, when
he escaped during a hospital visit last May. He was being escorted by two
guards from the Auckland Central Remand Prison. An internal report by the
prison found insufficient evidence to say whether the cuffs were incorrectly
applied. It says the prison would have to examine Chandra's wrist to
determine whether the handcuffs were incorrectly applied "or whether some
deformity, peculiarity or abnormality in the prisoner's hand/wrist enabled him
to slip from the restraint". Chandra, a Fiji-Indian, later stowed
away to Fiji inside a container on a ship and was arrested by police at the
port. New Zealand police are seeking legal advice on his extradition.
Australasian Correctional Management paid the Government $50,000 for the escape,
under the terms of its contract to manage the prison. (NZ Herald)
December 4, 2000
A violent inmate placed a dummy in his bed, changed into new clothes and walked
out the front door of the privatetly run prison during visiting hours. The
escape is the first from the privately run prison in New Zealand. Under ACM's
contract with the Department of Corrections the company must pay $50,000 for
every escape. (AAP News Feed)
Australian
Federal Government
March 9, 2009 Sidney Morning Herald
AS A state open to the peddling of political influence from those who have
donated to government election coffers, NSW takes some beating. Starting with
Sydney's foundation 221 years ago, bending the rules of governance - and worse -
to help mates who have helped you has been part of the political culture.
Fortunately there is far more transparency now than in the bad old days about
who makes financial donations to whom. But three recent cases in Sydney show how
the culture still lives in the state Labor Party in a worrying way. The first
involves Nick Lalich, the Mayor of Fairfield and state MP for Cabramatta. He
presided over a meeting of Fairfield City Council last week that considered a $1
million application from Fred Pisciuneri, a developer. Coincidentally, Mr
Pisciuneri had made a $2000 donation to Labor at a fund-raising dinner for Mr
Lalich in October, when he won the seat in a byelection. Mr Lalich declared a
"non-significant, non-pecuniary conflict of interest" at the council meeting. He
now says he "probably" could have been more cautious and abstained from voting.
Then there is Virginia Judge, the Minister for Fair Trading, who organised a
campaign against a Coles supermarket being built near Strathfield Plaza, a
shopping centre in her electorate. She also successfully lobbied her colleague
Tony Kelly, the Minister for Police, to have a police station shopfront set up
in the plaza. Outwardly, there seems little to question. But then we learn
Strathfield Plaza is owned by Memo Corporation, a company that has donated more
than $50,000 to Ms Judge's political campaigns over six years. Finally Paul
McLeay, the MP for Heathcote, was vice-chairman of a parliamentary committee
reviewing a $26 million government contract with GEO Group to run the state's
only private prison at Junee. The same company had donated $2000 to Mr McLeay's
political campaign. It later gave more than $45,000 to Labor, before the 2007
election. While all three MPs protest their innocence at charges of
inappropriate behaviour, the cases nonetheless suggest a distinct trend for a
party that seems bereft of fresh initiatives after 14 years in power. Instead of
its traditional pursuit of social justice, Labor seems to have succumbed to what
the state Opposition rightly calls a "donations-for-decisions culture". Its most
brazen, and extreme, manifestation was on display in the scandal that engulfed
Wollongong City Council last year. Equally, the Sydney deals show the need for
tougher rules against what has become in effect the recycling of political money
to do favours for donors.
March 6, 2009 The Examiner
THE father of a Government MP who accepted a $2000 donation from a private
prison operator is a lobbyist for another company bidding to run two more NSW
jails listed for privatisation. Leo McLeay, whose son Paul also chaired a
committee that reviewed private prison contracts, appears on the NSW Premier's
Department lobbyist register as a consultant for Enhance Corporate. Enhance
lists Serco as a client. Serco, a multinational that runs a jail in Western
Australia, has lodged an expression of interest with the NSW Government to run
Parklea and Cessnock jails. But both Leo McLeay, a former speaker of the House
of Representatives, and Serco say Enhance Corporate is not involved in lobbying
for the jails contract. A spokeswoman for Serco, Emma Needham, said the company
had engaged another lobbying firm, Government Relations Australia, for the
contract. "We are not using Enhance on this project," Ms Needham told the
Herald. "Our most recent relationship with them was earlier this year. They were
advising us on transport issues. That work concluded earlier this week." Mr
McLeay confirmed he had worked with Serco but "on a small scoping study". He
said: "It is completely unrelated to prisons." According to a list posted by the
NSW Department of Commerce, four other companies have also tendered for the
contract. They are GSL Australia, Management and Training Corporation, the
London-based Sodexo and GEO Group Australia, which donated $45,000 to the Labor
Party before the state election in 2007 and which Paul McLeay said had paid for
a table at one of his fund-raising dinners. Leo McLeay's firm lists several
blue-chip corporations and organisations as clients in NSW, including Cisco
Systems, Lend Lease, United Group, the Australian Rugby League and the Law
Society. The executive director of the group is the former Queensland deputy
premier, Jim Elder, who quit politics in late 2000 after being caught up in an
electoral fraud scandal. An associate director is Chris Ellison, the former
justice minister for the Howard government. Meanwhile, NSW prison officers will
begin overtime bans at Long Bay jail this morning, with staff at Parklea,
Grafton and other prisons expected to impose similar bans over the weekend. The
officers are angry about comments made last week by Ron Woodham, the Corrective
Services Commissioner, to an upper house inquiry into the proposed privatisation
of Cessnock and Parklea jails, in which he accused them of the "manipulation" of
overtime rosters. "Commissioner Woodham has repeatedly claimed that prison
officers are chasing overtime, when the reality is the prisons rely on overtime
because of low staff levels," said the chairman of the Prison Officers
Vocational Branch, Matt Bindley.
March 5, 2009 Sidney Morning Herald
THE LABOR MP Paul McLeay is under pressure to stand down as chairman of a
parliamentary committee after it emerged that he accepted a donation from the
company that runs the state's only private prison. When he accepted the donation
from the GEO Group the committee was reviewing the company's $26 million
contract. GEO donated $2000 to Mr McLeay's personal campaign on August 28, 2005
when the member for Heathcote was vice-chairman of the Public Accounts Committee
that was looking into whether the private Junee prison was providing value for
money compared to public jails. A month later a report from the committee
concluded that the Government should keep the prison operating. GEO donated more
than $45,000 to the Labor Party in the lead-up to the last state election but
the donation to Mr McLeay was the only one from the company that went to an
individual MP. Mr McLeay, who is now committee chairman and receives an extra
$17,440, said he doubted there was any "overlap". "From my recollection the
report was well and truly over and I had a fund-raising dinner or luncheon
sometime after that, and there were about 12 people there, one of which was
GEO," he said yesterday. "Maybe the committee had finished the work and it took
a while for the report to be tabled because I wouldn't have accepted a donation
if we were still looking at it because that would have not been appropriate."
The committee's report concluded that Junee provided good value for money
because it was able to house prisoners for $73.59 a day compared to the
state-run Kempsey jail which costs $91.75 a day. GEO is the second biggest
operator of private prisons in the US. It is favoured to take over Parklea and
Cessnock jails when they are privatised. A spokesman for GEO said there was no
discussion of the committee's report at Mr McLeay's dinner and the company had
understood that the report had been written long before the fund-raiser was
held. The Greens MP Sylvia Hale said Mr McLeay should be stood down as committee
chairman. "It was completely inappropriate for Mr McLeay to accept a personal
campaign donation from GEO while he was vice-chairman of the public accounts
committee that was examining the GEO private prison contract," Ms Hale said. "It
is fundamentally wrong for a company that is receiving public funds from a
government contract to be donating some of those funds back to the party that
granted them the contract. All of this is even more concerning when the
donations are from a company with the international reputation of the GEO
group." Ms Hale will today introduce a private member's bill into the upper
house to prevent the privatisation of the state's prisons unless any sale has
the support of both houses of Parliament.
September 11, 2008 The Age
COMPLAINTS about Victoria's private prisons have risen up to fourfold in the
past two years, fuelling concerns by a public sector watchdog about the state's
growing reliance on business to provide government services. State Ombudsman
George Brouwer yesterday tabled his 2007-08 annual report, vowing to shine a
light on the more murky aspects of public-private partnerships and outsourcing
and noting the "high risk" that comes with the blurring of the private and
public sectors. In the report, Mr Brouwer highlights a "growing interdependency"
between government and business, which brings "a high potential for conflict
situations and confusion about the ethical standards required". While issues of
conflicts of interest, poor customer service and failure to fulfil legal
requirements remain his core work, the Ombudsman says public-private contracts
and public sector compliance with the new human rights charter are two new areas
of focus. The 2008 report also shows: ■Overall complaints were up 13% to 16,344
on the previous year. ■Complaints about freedom of information rose by 16%.
■Whistleblower disclosures more than doubled. ■The largest single source (29%)
of complaints related to the Justice Department. ■Local government made up 23%
of complaints and the Department of Human Services 19%. Deputy Ombudsman John
Taylor said his office was concerned that private sector involvement in services
traditionally supplied by government may lead to the erosion of citizens'
rights. He pointed to private prisons, noting 400% and 100% increases in
complaints respectively about Port Phillip prison (rising to 443) and Fulham
prison (129) since the 2006 annual report. While rising complaint figures are
partly explained by the installation of phones for inmates, Mr Taylor described
the increases as "disproportionately high". The emphasis on private contracting
is a wake-up call for a state increasingly reliant on PPPs for services ranging
from jails to water and now schools. Mr Taylor said the Ombudsman's office would
make a point of scrutinising deals with business. "Every time there is a major
contract or outsourcing of what traditionally has been a government function we
have an interest; we want to make sure that the normal rights of a citizen to
complain are retained and that the Government doesn't legislate away the right
of an individual to complain to the Ombudsman." Individual agencies with the
most complaints were VicRoads and Port Phillip Prison. ■The Government is
expected to table legislation tomorrow to toughen rules and guidelines for
councillors, including clarifying confusing laws on conflicts of interest.
November 24, 2007 The Age
THE State Government has made it more difficult for independent observers to
monitor what goes on in jails, lawyers claim. "It's getting harder to get
information about the way the prison system operates," said Hugh de Kretser,
executive officer of the Federation of Community Legal Centres. "The Government,
instead of increasing scrutiny, is going the other way," he said. This week,
Brimbank Melton Community Legal Centre was told it could not set up a legal
clinic at Port Phillip Prison to give advice on issues such as prisoners'
treatment in jail, according to the centre's principal lawyer, Philip Cottier.
In the past three months, the Government had moved to restrict prisoners' rights
to make freedom of information requests and given jail governors overly wide
discretion to restrict prisoners' mail, Mr de Kretser said. The laws about mail
were badly drafted and could potentially capture even innocent mail exchanges,
he said. Corrections Victoria had recently made secret key operational
procedures about how guards should deal with force and firearms, Mr de Kretser
said. These procedures were previously open to public scrutiny. "If we cannot
access the rules Victoria's prisons operate under, how can we hold our prisons
accountable to complying with them?" he said. The criticisms follow the release
of a report this week by the State Ombudsman, George Brouwer, into a violent
incident at the Melbourne Custody Centre earlier this year. Mr Brouwer found
that guards used excessive force against a prisoner and called for a review of
the centre, which is run by a private company, the GEO Group, under the
supervision of Victoria Police. Deputy Ombudsman John Taylor told The Age that
the custody centre was "a closed shop" with limited public scrutiny: "It's a
place that no one can go. It's a de facto jail, but it's a police jail, and it's
very hard to go there unless you are a lawyer or are from the Ombudsman's
office." Mr de Kretser said Government monitoring of assaults by prison officers
in privately run prisons was weak. "The private prison contractor and the
Government have a common interest in burying the issues," he said.
October 31, 2006 Sidney Morning Herald
THE Federal Government is winding back private management of immigration
detention centres after years of controversy over the compromised health and
psychological care of detainees. The Immigration Minister, Amanda Vanstone, said
yesterday the Government was relieving a private company of its responsibility
for health and psychological services, which would be transferred to the direct
control of her department. The move follows the recommendations of a review
triggered by the Palmer report into the deficiencies of care in detention
highlighted by the case of Cornelia Rau, the psychiatric patient whose illness
went undiagnosed for several months. Global Solutions Ltd, whose management of
health services has drawn criticisms of care standards and conflict of interest,
denied the loss of services was "in any way the result of dissatisfaction with
the services provided" by Global Solutions. A company spokesman said the review
of the centres had not criticised the health and psychological services it
managed. But the company's management of the centres and detainee health
services had represented a "fundamental conflict of interest", said Louise
Newman, a psychiatrist and a member of a government expert advisory panel on
detention health. Professor Newman said the failings in health care and
psychological services, highlighted by the Rau saga and other cases of
inadequate care, had resulted in "incalculable" suffering for detainees.
October 25, 2006 Townsville Bulletin
A TENDER for the state's two privately-run prisons is not a criticism of the
current operators, the Queensland Government said today. Corrective Services
Minister Judy Spence said new tenders to run Borallon and Arthur Gorrie
correctional centres, valued at a total of $200 million, would ensure taxpayers
got value for money. "It is not about the performance of the current
operators,'' Ms Spence said. The Arthur Gorrie jail has been under fire in
recent years over a number of deaths in custody, security failures and assaults
on prisoners by staff. Borallon made headlines four years ago when a report
showed it had the highest rate of illicit drug use in the state, with almost one
in three prisoners using drugs. Four companies will be invited to tender: GEO
Group Australia Pty Ltd, GSL Australia Pty Ltd, Management and Training
Corporation Pty Ltd and Serco Australia Pty Ltd. GEO currently operates Arthur
Gorrie, and Management and Training Corporation operates Borallon. Ms Spence
said the contracts would be for five years, with an option for Queensland
Corrective Services to extend them for a further five years. The tenders will be
evaluated in the first half of next year with new contracts to start on January
1, 2008. An independent probity auditor has been contracted to oversee the
entire project.
March 2, 2006 Sidney Morning Herald
The immigration department made an unexplained $5.7 million payout to the
company that used to manage Australia's detention centres, an audit has found.
The Australian National Audit Office (ANAO) has identified a series of
anomalies, potential conflicts and inadequate record-keeping in a review of the
department's contracts with companies paid to run the centres. The department
put detention centre management out to tender in 2001 and a $400 million,
four-year contract with Global Solutions Limited (GSL) was ultimately signed in
August, 2003. But the ANAO has found DIMIA, now DIMA, wanted to "encourage" the
former contractor to end its management of the centres with a contract
"completion payment". As a result, Australasian Correctional Management (ACM)
received a payout of almost $6 million. "DIMIA was not able to provide evidence
of the criteria it used to make its determination to pay ACM $5.7 million in
contract completion payments," the ANAO said in its report. "The basis on which
DIMIA made these payments was doubtful," it said. Labor says the audit's
findings are a scandal. "What we have is nothing short of a scandal in the way
the government has handled this," opposition immigration spokesman Tony Burke
said. "The people who were involved in the negotiations of the contracts on
behalf of the department became horribly compromised. "Records weren't kept,
records were lost, and some of the records that we have are conflicting."
November 2, 2005 Sidney Morning Herald
Laws that follow through on the government's compromise deal with rebel
backbenchers over its tough immigration detention policy were introduced to the
lower house on Wednesday. Three-month time limits on deciding protection visa
applications and decisions by the Refugee Review Tribunal are two of the major
changes introduced in the bill. In addition, the department will be able to
release the identity and photographs of people being detained when all other
efforts to identify or locate them have failed. This is to rectify the
reluctance on DIMIA's part to release information about the mentally ill
Australian resident Cornelia Rau who was wrongly locked up in immigration
detention for 10 months. Labor's immigration spokesman Tony Burke described the
bill as "an incremental step in the right direction". Mr Burke wants
the government's contracts with the private company running Australia's
immigration detention centres, Global Solutions Ltd, terminated and the
management of the centres returned to government hands.
July 14, 2005 Daily Telegraph
THE federal government has apologised to Cornelia Rau and Vivian Alvarez for
their treatment at the hands of the immigration department. Prime Minister
John Howard said both women were owed an apology. "Both Cornelia Rau
and Mrs Alvarez are owed apologies for their treatment, and on behalf of the
government I give those apologies to both of those women who were the victims of
mistakes by the department," Mr Howard told reporters. Mr Howard and
Immigration Minister Amanda Vanstone today released the Palmer report into the
immigration department, which catalogues a litany of failures that led to Ms Rau
being wrongly detained for 10 months, and Ms Alvarez, also known as Vivian
Solon, being wrongly deported. In a statement accompanying the release of the
report, Senator Vanstone said the pair would receive assistance. Mick
Palmer, a former federal police commissioner, was appointed to look into the
case of Ms Rau. His inquiry was later widened to include the case of Ms
Alvarez. After criticising the government's contract with Global Solutions
Limited (GSL), which runs the immigration detention centres, Mr Palmer
recommended an expert group review the company's contract. Senator
Vanstone said Mr Palmer was critical of the department's policy of 'exception
reporting', where instead of outlining what should be done, the contract
outlined what must not be done to make it as flexible as possible.
"But Mr Palmer's not of the view that the other regulations surrounding
detention allow that flexibility to be there," Senator Vanstone said.
November 13, 2004 AP
Doubts have been cast on the financial stability of security contractor AIMS
Corporation, with a new Department of Justice report warning of possible risks
to the Government over the corporation's $21 million a year contract to manage
Acacia Prison. The department's annual report on WA's only private prison,
tabled in the Legislative Assembly this week, revealed plans to scrutinise AIMS'
books to uncover any financial risks the company posed to WA taxpayers. The
report said the department had held concerns over the financial health of AIMS
for two years, and closer monitoring of the prison over the last year exposed
multiple financial issues, including cashflow problems and long delays in
invoice payments by the prison. The report attacked AIMS over a host of other
problems at the $79 million prison, most significantly, the level of illicit
drug use. Nearly one in 10 random urine samples tested positive for illicit
substances in the past financial year, the most cases ever recorded in the three
year history of the prison. Another cause for serious concern was the high
number of test refusals. Criticism was also levelled at faulty electronic
systems. AIMS was penalised $211,598 for various deficiencies at the prison,
including the drug problem. Its five-year contract to manage Acacia expires in
May 2006, with the department to review the contract before it expires. The
performance of AIMS, which also manages court security and custodial services in
WA, was thrust into the spotlight this year when nine dangerous criminals
escaped from the Supreme Court lockup in June.
November 5, 2004 New
Zealand Herald
The Land Transport Management Act has paved the way for Public Private
Partnerships (PPPs) in road transport and the Public Finance (State Sector
Management) Bill will accelerate this privatisation into the health and
education sectors. It is commonly argued that PPP schemes provide the necessary
roads and other infrastructure assets more quickly and cheaply than direct
taxpayer funding. This is unlikely to be true. Research by Sanjiv Sachdev, of
the Kingston Business School in England, shows the apparent efficiency of
private prisons is not the result of innovative management but shorter holidays,
lower pay and worse pensions. The
average basic pay is 30 per cent lower and annual leave is five to eight days
fewer than in the public sector. Taking into account pension losses, he
estimates that privatised staff are up to 70 per cent worse off.
July 23, 2004
The private security company lambasted over the mass escape of prisoners from
Perth's Supreme Court has issued a public apology. AIMS Corporation's
contract with the West Australian government first came under scrutiny following
a breakout by nine maximum security prisoners from the central Perth courthouse
on June 10. But the pressure on the company intensified still further with
the escape last week of Adrian John Ugle, who slipped out of his handcuffs and
fled from AIMS officers who had been transporting him to a hospital appointment.
Ugle, 28, who was serving a two-year sentence at Casuarina Prison for aggravated
burglary and previous escapes, spent four days on the run before being returned
to custody last Saturday. Ugle's escapade prompted the State Government to
consider dumping AIMS from their contract to protect and transport the state's
convicted criminals. (News.com)
June 19, 2004
Australasian Correctional Management ran 12 immigration detention centres on
behalf of the Howard Government from early 1998 until early this year.
According to the Australian National Audit Office report, the Department of
Immigration, Indigenous and Multicultural Affairs had no strategy for detaining
asylum seekers, let alone a contract management plan with ACM. The damning
report found: No risk management strategy in the contract. No contract
management training or guidance. No performance targets and an ad hoc
approach to changing numbers. No contract monitoring or assessment.
No financial risk strategy or asset management plan. "This meant that
DIMIA was not able to assess whether its strategies were actually working
in practice," the report said. During the contract the number of
detainees varied from just a handful in 1998 to 3000 in the year 2000. And
the auditors could find no assurance that the financial aspects of the $500
million contract "operated as intended". The report also found a
gap in the audit trail." Invoicing procedures where the audit trail between
the services provided and payments made did not provide senior managers with
assurance that full value for money was being achieved," it said.
"A systematic approach to risk management, including the establishment of
an appropriate and documented risk management strategy, should have been an
integral part of contract management," the auditors said. According to the
report a manual for departmental centre managers was not issued until four years
after the contract began and had not been kept up to date. In its response
to the report the department agreed with the six recommendations made by the
auditors. It defended itself by saying the audit did not "fully
reflect and take account of the complexity of the environment and the nature of
the previous detention contract". "Many aspects of the contract were
intended to be flexibly addressed through negotiation and discussion," it
said. Opposition immigration spokesman Stephen Smith demanded the return
of immigration detention centres to government management. "The
report is a comprehensive condemnation of the Government's policy of the
privatisation of the management of immigration detention centres and a
comprehensive indictment of DIMIA's administration of it," Mr Smith said.
The auditors found that 38 of the 100 immigration detention standards issued by
the department had no performance measures and another 37 were only partially
covered. Immigration Minister Amanda Vanstone's spokesman did not respond
to the report. (The Courier Mail)
March 2, 2004
The Pope clearly opposes the federal government's policy of mandatory detention
of children, according to an Australian asylum seeker advocate honoured by the
Vatican. Adelaide Centacare director Dale West will next month be awarded
a Venerable Cross by the Pope in recognition of his work for detainees.
The welfare worker said the awarding of the Venerable Cross Pro Ecclesia et
Pontifice showed the Pope opposed mandatory detention of children.
"That message is clear," said Mr West, a member of the Uniting Church
who is believed to be the only non-Catholic in Australia to receive the Papal
honour. "It's support at the highest level in the Catholic Church for
what we're doing. "It says we have got support even beyond the
bishops in Australia and, without sounding conceited about this, it says we've
taken the right view." Mr West has for four years been a vocal
opponent of holding children in mandatory detention. He was instrumental
in bringing the Baktiari children to Adelaide last August after they were
released from the Baxter detention centre. (The Age)
February 9, 2004
Victoria Police Chief Commissioner Christine Nixon will be given responsibility
for regulating the state's private security industry under proposed tough new
laws. The Age believes responsibility for the more than 20,000
Victorians who work as crowd controllers, security guards and private
investigators will be taken from a police unit known as the Private Agents
Registrar and placed directly under Ms Nixon's supervision to tighten controls
on the industry. The regulation of security staff came to prominence last
month after the death of former Test cricketer and media personality David
Hookes outside a St Kilda hotel. St Albans bouncer Zdravko Micevic, 21, has been
charged with manslaughter. (State Political Reporter)
January 22, 2004
The Bracks Government was yesterday accused of incompetence for breaching its
own laws by failing to establish new security industry regulations after
existing ones expired three years ago. A report last year by a
parliamentary sub-committee that scrutinises regulations had criticised the
Government's inaction, it was revealed yesterday. Opposition Leader Robert
Doyle said the Government had been lazy and incompetent by not establishing new
regulations to tighten controls on the security industry, despite having begun a
review in 2000. (State Political Reporter)
October 10, 2003
Australia's treatment of refugees in detention centres was the harshest in
the world, federal human rights commissioner Sev Ozdowski said today. Dr
Ozdowski said the billion dollar system removed basic liberties from refugees,
resulting in levels of despair unseen in detention camps elsewhere.
"It (Australia's system) is the harshest - the harshest mainly from the
point of view of the length (of detention)," he told seminar guests at
Monash University. "I've never seen the level of despair (in camps
anywhere) that I've seen in Australia." He said the longest a child
had been held in detention in Australia was five years, five months. By
April this year, 50 children had been detained for more than two years. Dr
Ozdowski, who has conducted an inquiry into detention centres and will have his
findings tabled in federal parliament next year, said the social implications of
indefinite detention were shattering. Family life disintegrated, people
became suicidal and he had seen children as young as 10 with signs of self-harm.
He quoted from one detainee who said "it's 16 months since my detention. My
life has been taken away from me ... I've become a useless person who wishes for
death everyday." Dr Ozdowski, who was once himself a Polish refugee, also
said the government's system of temporary protection visas (TPVs) was
"ill-conceived". "I personally believe that the TPV system is a
disaster and we'll be paying for it for a long time," he said. He
said TPVs stopped people integrating into Australian society and contributed to
mental health problems. Dr Ozdowski said that unlike prison life, where
inmates have regular routines with access to TV, sport, literature and
education, detention centres offered no such distractions. He said
officials that he interviewed from the immigration department showed a lack of
interest in improving the lot of detainees. "My view is that this
culture in the department contributes to the harshness in the detention
system," he said. He said the biggest human rights abuses had
occurred during riots at the centres. "(It happened) where basically
control was lost and gas was used and physical force was used," he said.
"You just don't keep people imprisoned for a long time for no good
reason." Senator Vanstone issued a statement saying Australia was
"one of the great immigration success stories". "We have a
generous, robust and ordered immigration system," she said. "It
is very difficult when people jump the queue and arrive in Australia with no
paperwork. The systems that we have in place are there to make sure that those
people who are most in need get help, and those who aren't are
repatriated." (The Age)
July 9, 2003
The Federal Government will go to the High Court in an attempt to keep five
children in an immigration detention centre after the Family Court yesterday
dismissed an application to overturn a landmark ruling that it had the power to
set them free. The Family Court yesterday granted the Government
permission to appeal to the High Court over the June judgement, in which two out
of a three-judge bench found the indefinite detention of children was unlawful
and that the court could order their release. This was because there were
"important questions of law and of public interest involved".
But the Family Court refused the Government's demand that, in the interim, it
should issue a "stay" on the judgement, preventing any court acting on
the ruling and ordering the release of any children from detention. A
spokesman for the Immigration Minister, Philip Ruddock, responded to yesterday's
ruling, saying "we'll look at possibly asking the High Court to consider a
stay". There are more than 100 children in immigration detention
centres in Australia. (Sidney Morning Herald)
January 2, 2003
Up to 39 people have been moved from immigration detention centres to jails or
police cells across the country to try to end several days of violence in five
detention centre. The Federal Government also threatened strip-searches at
detention centres yesterday as senior immigration officials prepared reports on
the four days of violence, which have caused an estimated $8 million damage.
(The Age)
January 1, 2003
The Australian Federal Police will look into whether the series of arson attacks
that have hit five immigration detention centres in as many days were part of an
organized campaign. The Federal Attorney-General, Daryl Williams, said he
had heard suggestions that the fires and violence - which caused $8.5 million
damage - were "an orchestrated set of events" but he thought there was
no substantive evidence to support the claim. The Department of
Immigration said tension was still high at Western Australia's Port Hedland
centre, South Australia's Baxter and Woomera centres and the centres at
Christmas Island. The five days of violent protest culminated with fires
and a car-ramming at Sydney's Villawood centre on New Year's Eve. (smh.au.com)
January 1, 2003
A ring of militant asylum seekers planned and coordinated the fires in
immigration detention facilities across the country, centre managers claimed
yesterday. Five of the country's seven centres have been hit by fire over
the past week, causing more than $8 million damage. In the latest
incidents, about $500,000 damage was caused during a riot on New Year's Eve at
Villawood in Sydney. Staff from Australasian Correctional Management
believe that detainees from various centres had been in regular telephone
contact since December 27, when the first of the fires broke out at Baxter in
South Australia. A group of about 50 to 60 men from Baxter are alleged to
be among the ringleaders. The allegations come as about seven handcuffed
detainees from Woomera were transferred to Port Augusta police station for
questioning over a rampage in the early hours of Tuesday morning. (The
Age)
December 31, 2002
Asylum seekers who have caused about $8 million damage to detention centres in
the past week have been warned by the Federal Government they will housed in
"far less comfortable" circumstances if they do not stop destroying
property. The warning followed fires that caused about $2.5 million damage
at Woomera, including the destruction of 33 accommodation blocks. The
Department of Immigration said that in the latest incident at Woomera, guards
were pelted with stones and threatened with metal bars as they tried to
extinguish fires. "Staff attempting to extinguish the fires were set
upon by around 10 detainees in each compound," the department said. A
fire at Port Hedland in Western Australia caused $3 million damage and a blaze
at Baxter in South Australia, caused about $2.25 million damage. The
Federal Government is considering closing the Woomera centre, at which there
have been escapes, protests and riots in recent years. (The Age)
December 30, 2002
It could be
"very difficult" to prosecute the asylum seekers responsible for fires
at detention centres across the country, estimated to have caused about $5.25
million worth of damage, Attorney-General Daryl Williams said yesterday.
After
fires in the remote Western Australian facility of Port Hedland caused damage
estimated at $3 million, Mr Williams conceded court action could prove
impossible. "If they are not
cooperating, and it's not likely they will cooperate, it may be very difficult
to identify those who are directly responsible," he said.
The fire at Port Hedland is believed to have been deliberately lit in a
copy-cat style act after fires at South Australia's new Baxter detention centre,
which caused $2.25 million damage. The
Department of Immigration also revealed that detainees at the Woomera centre in
South Australia had deliberately lit fires on Sunday, causing little damage, and
a guard at the detention centre at Perth airport had been hospitalised yesterday
after a scuffle with four detainees. An
Iranian inmate of the Baxter centre who witnessed the fires said people were
extremely frustrated and had behaved irrationally because Australian
Correctional Management were mistreating people.
"It is the incompetent management of the ACM, that they couldn't
understand the detainees have not good mentality in here," the man said.
"They must manage all of the people in here and calm them down."
(The Age)
December 4, 2002
The Howard Government yesterday bowed to pressure to soften its treatment of
women and children asylum seekers as Labor began debating a dramatic departure
from the refugee policy it took to last year's election. Under new
guidelines released by Immigration Minister Philip Ruddock, unaccompanied minors
will now be placed in foster care and women with children will be offered an
alternative to living in high-security detention centres. (The Age)
November 15, 2002
Some 533 Afghan asylum seekers have accepted the Federal Government's $2000
cash offer to return home rather than face continued detention in harsh and
isolated detention centres. (The Age)
Australian
Immigration Department
April 3, 2009 The Age
THE Federal Government is set to dump controversial company G4S as operator of
immigration detention centres. The Department of Immigration has announced that
Serco, which runs prisons and immigration centres in Britain, is its preferred
tender to run Australia's six detentions centres. The contract is believed to be
worth up to $500 million. But human rights advocates have hit out at the
decision, saying Serco has a poor record in Britain, and detention centres
should be operated by the public sector. Advocate Charandev Singh said Serco's
record in Britain showed a "prison mentality" would be brought to its operations
in Australia. "The Government just wants a clean skin in Australia — somebody
with no blemishes (here)," Mr Singh said. "G4S and Serco are basically the same
company. They come from the same corporate background, running prisons."
October 31, 2006 Sidney Morning Herald
THE Federal Government is winding back private management of immigration
detention centres after years of controversy over the compromised health and
psychological care of detainees. The Immigration Minister, Amanda Vanstone, said
yesterday the Government was relieving a private company of its responsibility
for health and psychological services, which would be transferred to the direct
control of her department. The move follows the recommendations of a review
triggered by the Palmer report into the deficiencies of care in detention
highlighted by the case of Cornelia Rau, the psychiatric patient whose illness
went undiagnosed for several months. Global Solutions Ltd, whose management of
health services has drawn criticisms of care standards and conflict of interest,
denied the loss of services was "in any way the result of dissatisfaction with
the services provided" by Global Solutions. A company spokesman said the review
of the centres had not criticised the health and psychological services it
managed. But the company's management of the centres and detainee health
services had represented a "fundamental conflict of interest", said Louise
Newman, a psychiatrist and a member of a government expert advisory panel on
detention health. Professor Newman said the failings in health care and
psychological services, highlighted by the Rau saga and other cases of
inadequate care, had resulted in "incalculable" suffering for detainees.
March 2, 2006 Sidney Morning Herald
The immigration department made an unexplained $5.7 million payout to the
company that used to manage Australia's detention centres, an audit has found.
The Australian National Audit Office (ANAO) has identified a series of
anomalies, potential conflicts and inadequate record-keeping in a review of the
department's contracts with companies paid to run the centres. The department
put detention centre management out to tender in 2001 and a $400 million,
four-year contract with Global Solutions Limited (GSL) was ultimately signed in
August, 2003. But the ANAO has found DIMIA, now DIMA, wanted to "encourage" the
former contractor to end its management of the centres with a contract
"completion payment". As a result, Australasian Correctional Management (ACM)
received a payout of almost $6 million. "DIMIA was not able to provide evidence
of the criteria it used to make its determination to pay ACM $5.7 million in
contract completion payments," the ANAO said in its report. "The basis on which
DIMIA made these payments was doubtful," it said. Labor says the audit's
findings are a scandal. "What we have is nothing short of a scandal in the way
the government has handled this," opposition immigration spokesman Tony Burke
said. "The people who were involved in the negotiations of the contracts on
behalf of the department became horribly compromised. "Records weren't kept,
records were lost, and some of the records that we have are conflicting."
July 29, 2005 ABC
Detention centre operator to pay for maltreatment. The private operators
of Australia's detention centres, Global Solutions Limited (GSL), will be
penalised more than $500,000 for poorly handling five immigration detainees.
The GSL officers have been accused of treating the detainees in an inhumane and
undignified manner when the detainees were being transferred from Maribyrnong
detention centre in Victoria to the Baxter centre in South Australia in
September 2004. An investigation has found that the GSL officers used force
against one detainee. It has also found that overall they failed to
provide adequate medical assessment, deprived the detainees of toilet breaks,
did not allow them to rest and did not give them enough food during a seven-hour
road trip.
May 13, 2003
A year after a national call for the release of all children from immigration
detention centres, a study has found unprecedented rates of mental illness among
young asylum seekers. The study of 10 families found that just one child
out of a total of 22 children and 14 adults was not suffering a major
depression. Some were suicidal, and had harmed themselves. Some were also
suffering from post traumatic stress disorders, which started, or worsened,
during their detention. Findings from the study, to form the the keynote
address at the Royal Australian and New Zealand College of Psychiatrists
congress in Hobart today, were said to be causing great concern among health
professionals. "There isn't a cohort of children as distressed as
this group that we have been able to find anywhere in the medical literature in
the world," said Zachary Steel, who co-ordinated the study. Mr Steel is a
clinical psychologist in the School of Psychiatry at the University of New South
Wales. The study's findings come a year after an alliance of doctors and health
professionals called for the immediate release of children from detention
centres and a review of Australia's detention policies. The study's
findings come a year after an alliance of doctors and health professionals
called for the immediate release of children from detention centres and a review
of Australia's detention policies. (The Age)
February
17, 2003
Children held in Australian immigration detention camps spend an average of
15 months behind the razor wire. One child was detained for more than five
years, Immigration Minister Philip Ruddock told Parliament.
Labor MP Tanya Plibersek said most Australians would be shocked to learn
how long children were
detained. (The Age)
August
27, 2002
A night spent in immigration detention can cost an asylum seeker more than a
quality bed in some five-star hotels. The Federal Government bills detainees up
to $191 per person for each day spent behind barbed wire. The price of a night
in detention, however, varies across the nation's six immigration compounds:
some detainees can be kept more frugally - for $60 a night per person, an
Immigration Department spokeswoman confirmed. The Migration Act makes detainees
liable for all costs the government incurs in keeping them detained, from food
to one-way air fares out of the country if they are deported. Inquiries by The
Age confirm some former detainees who have been released into the community have
received bills in excess of $200,000. (The Age)
Australasian
Correctional Management Pty Limited
Australia
Wackenhut
July 9, 2004
A damning report by the Auditor-General, released two weeks ago, showed initial
detention arrangements with private prison operators Australian Centre
Management to be a farce. Appalling hygiene and frequent escapes perpetuated by
ACM's lackadaisical attitude to detainees was highlighted as a failure of the
immigration department. With a second report by the Auditor-General
expected to detail arrangements with ACM's replacement Global Systems Management
later this year, the department maintains it. (The Austrailian)
March 17, 2004
The company dumped last year as manager of Australia's
immigration detention centres could soon be back in charge if a change of
ownership goes ahead. Wackenhut Corrections Corporation (now known as the
Geo Group) has offered $490 million to buy Global Solutions, the company now
managing the centres. The Geo Group also
owns the company formerly known as Australasian Correctional Management, now Geo
Australia. ACM was stripped of management of
the detention centres in December 2002, less than halfway through a 10-year
contract. Its four-year tenure was dogged by
riots, hunger strikes, suicide attempts and allegations of human rights abuses
at the six detention centres under its management, including Woomera, Port
Hedland, Villawood and Maribyrnong. ACM
earned an estimated $328 million during the life of its contract. But
the transfer of management was criticised at the time because both ACM and
Global Solutions were owned by the Danish firm Group 4 Falck. Group
4 later sold off Wackenhut Corrections, which changed its name to the Geo Group
last December. Group 4 Falck, which is
merging with British security firm Securicor, now wants to sell Global
Solutions. And the prime bidder is the Geo
Group – which has offered $490 million. An
Immigration Department official said the department was aware of the corporate
manoeuvres. He said the sale of Global
Solutions was a matter for the two companies, but there were provisions in the
detention service contract about changes of the contractor which would have to
be met before any change of ownership could take place. "The
department is currently in dialogue with GSL (Global Solutions) to resolve these
matters prior to the sale proceeding," he said. The
conditions of the contract remain confidential. Opposition
immigration spokesman Stephen Smith yesterday said: "This is but another
illustration as to why the management of detention centres needs to be returned
to Commonwealth officers on Commonwealth territory. "You
can take over a company but you can't take over the Commonwealth," Mr Smith
said. Howard Glenn, national director of A
Just Australia, said he had reservations about management of the detention
centres returning to the same hands. The
Human Rights and Equal Opportunity Commission was soon to release a report into
the treatment of children in detention under ACM's management. Mr
Glenn said the report could be highly critical of ACM. "There's
kids who have been in detention through all the owners, for over three
years," Mr Glenn said. "While the
company structures change, there's no action from the Government in moving these
kids out. "Before giving the keys back
to this company who had it in the crisis days of 2001, let's hear what the Human
Rights Commission says." (The Courier Mail)
September 26, 2003
The Government has been hiding the real
reasons why a private company lost the contract to run six immigration detention
centres. The Immigration Minister, Philip Ruddock, is covering up the poor
performance of Australasian Correctional Management (ACM) when it managed six of
Australia's immigration detention centres from February 1998 to December 2002.
Also covering up the poor performance is the Department of Immigration,
Multicultural and Indigenous Affairs (Dimia), which is acting in the commercial
interests of ACM despite continuing revelations about the poor performance of
the company. BRW has discovered a serious contractual breach relating to
ACM and its handling of an escape that the department is keeping secret. Despite
the seriousness of the breach - and the amount of about $90 million in
taxpayers' money paid to the company for each year of the contract - the Federal
Government refuses to disclose details about why a default notice was served on
ACM. It also brings into question the Government's claim that ACM lost the
contract to manage the detention centres because of poor value for money rather
than poor performance. After a lengthy freedom-of-information request that
began in May 2002, BRW has established that the department secretary, Bill
Farmer, or his agent, issued a default notice to ACM under the contract. The
default notice, which warns that a contact may be cancelled, was issued between
March 1, 2001 and September 5, 2002. The assistant secretary of unauthorised
arrivals and detention services, Jim Williams, wrote to BRW on September 5:
"I believe that there is a real risk that disclosure of the document would
cause unreasonable harm to ACM's business reputation and potentially prejudice
its ability to perform competitively in its industry." Despite a long
history of violent incidents at detention centres, including a mass breakout
from Woomera detention centre, South Australia, in June 2000 and a riot in
August 2000, it is the only default notice issued by Dimia to ACM under its
"general agreement" contract. In October 2000, the Victorian
Government took back the contract for the Melbourne Metropolitan Women's
Correctional Centre, in Deer Park, after issuing three default notices to its
operator, Corrections Corporation of Australia. ACM held the detention
centre contract from February 1998. Dimia announced on May 25, 2001 that it
would be re-tendering the contract. On December 22, 2002 Ruddock announced that
Dimia would enter negotiations with another company, Group 4 Falck, to provide
detention centre services. Group 4 Falck is a majority owner of ACM's United
States owner, Wackenhut Corrections Corp. Dimia's sensitivity to ACM's
business reputation is characteristic of its defence of ACM in numerous public
inquiries. In 2001, despite direct questions about ACM's performance under the
contract, Dimia staff, including Farmer and the then deputy secretary Andrew
Metcalfe (now promoted to the Department of Prime Minister and Cabinet) said the
removal of the contract from ACM was based on value-for-money reasons.
Since some of Dimia's stonewalling defences of ACM in 2001, the poor performance
of ACM in managing detention centres has been revealed even more starkly. In
July 2002, the former operations officer at the Woomera detention centre, Allan
Clifton, told the Human Rights and Equal Opportunity Com-mission inquiry into
children in immigration detention that it was regular ACM practice to inflate
figures on services provided. He also said that staff at Woomera were
under-resourced in training, numbers and medical supplies, and that children had
been endangered in riots. (Business Review Weekly)
December 23, 2002
The new manager of Australia's detention centres will have to comply with a
51-page list of obligations to detainees if it is to receive the full value of
the $100 million-plus contract. The manager, Group 4, will have to provide
native-language newspapers and agree to a requirement that the Immigration
Department be told within one hour if any detainee is placed under restraint.
The list exposes Group 4 to fines if standards are breached. The present
operator, Australasian Correctional Management, which lost its contract renewal
bid at the weekend, had been subject to only a four-page general statement of
detention principles during its six-year term. The ALP has described the
new contract with Group 4 - whose international parent merged with ACM earlier
this year - as a "sham". It was inappropriate with an
international business in corrections to be handling detention centres, it said.
A union representing detention centre workers warned yesterday that there could
be industrial strife if ACM did not pay outstanding entitlements before
departing the scene. It claimed that ACM was yet to pay staff 2002 wage
increases. (The Age)
December 23, 2002
RIOTS, arson attacks, hunger strikes and lip-sewing protests were no match for
the dollar yesterday when the Federal Government replaced the private operators
of Australia's detention centres for a better deal. As a refugee activists
vowed to stage mass protests this Easter at the new Baxter Detention Centre near
Port Augusta, Immigration Minister Philip Ruddock yesterday announced his
preferred contractor for the centres. Austalian Correctional Management
lost the multi-million dollar deal to Group 4, Falck Global Solutions Pty Ltd,
with which it recently merged. (The Advertiser)
October 9, 2002
Australia's immigration department and detention centre management have been
told they must give evidence in public to a national inquiry into child
detention. The Department of Immigration, Multicultural and Indigenous
Affairs (DIMIA) and Australiasian Correctional Management (ACM) have wanted
secret hearings, arguing open evidence could put staff and detainees at risk.
However Australian Human Rights Commissioner Sev Ozdowski today rejected
submissions arguing the confidential nature of their evidence justified a
private hearing. DIMIA and ACM will now have to publicly release any
documents required by the commission. In today's report, Dr. Ozdowski said
each document needed to be assessed at face value, and the majority of documents
requested by the commission would not pose a credible risk to safety.
DIMIA and ACP's argument that the inquiry would hinder tender processes for new
detention services did not satisfy the commissioner. "I have decided
that any prejudice to the tender process that may be caused by the holding of
public hearings involving DIMIA and ACM is outweighed by the public interest in
the inquiry being held in an open, efficient and timely manner," Dr.
Ozdowski said. (Smh.au.com)
May
1, 2002
Police arrested 31 protesters, charging one for using firecrackers on police
horses, during May Day protests in Sydney today. City East regional
commander Dick Adams said about 400 protesters took part in today's May Day
action. One horse fell, bringing a policewoman down with it. The
horse was quickly up, while the policewoman rolled onto her side with horses
stepping all around her. The policewoman returned and remounted, joining
the drive to clear the protesters from the driveway leading into the building
housing ACM. (smh.com)
May 1, 2002
Police and M1 protesters have clashed outside the Australasian Correctional
Management building in Sydney this morning. Police attempted to push back
the protest line after about 100 demonstrators moved from the front to the side
garage entrance. More than 500 people gathered to blockade the front of
the building, with protesters letting off bungers and chanting before the clash.
(The Age)
October 4, 2001
Wackenhut Corrections Corporation/ -- In the news release, "Wackenhut
Corrections' (NYSE: WHC) Australian Subsidiary Renews and Expands Health Care
Services Contract for Victoria Public Corrections Enterprise," issued Sept.
18, 2001, we are advised by the company that the headline should read "Wackenhut
Corrections' Australian Subsidiary Is Nominated as the Preferred Tenderer of the
Health Care Services Contract for Victoria Public Corrections Enterprise."
Also, the first paragraph, third line, should read "Australasian
Correctional Management Pty Limited ("ACM")has been nominated as the
preferred tenderer of the health care services contract for The Public
Corrections Enterprise, Victoria ('CORE') -- with the final outcome of the
tender process contingent on a number of other factors, including purchase and
funding approval" rather than "Australasian Correctional Management
Pty Limited ('ACM') has renewed and expanded its health care services contract.
Baxter
Detention Centre
South Australia, Australia
Global Solutions (formerly run by Group 4 and by Wackenhut Corrections)
September 13, 2008 Sidney Morning Herald
About 10 o'clock one evening in January 2003, Mary Rohde got out of her
four-wheel-drive to lock the gate to the visitor carpark at the Baxter
immigration detention facility near Port Augusta, where she was a detention
officer. She felt a presence but saw no one, and returned to the car to radio
the control room. Suddenly an arm was round her neck, a blade at her throat.
Terror and incomprehension overwhelmed her. Eventually the arm loosened and she
looked round; in the back seat was her boss. It had been a security drill.
"That'll teach her to lock the car door," a supervisor later remarked. Rhode was
diagnosed with post-traumatic stress disorder and, five years later, has not
recovered, despite psychiatric treatment. Her symptoms are typical. She suffers
from nightmares and insomnia. She cannot manage social situations, cannot sit in
a doctor's waiting room; even visits from her adult children are too much to
cope with. Half an hour after they arrive she finds herself weeping in her
bedroom. "I'm now the shell of the person I was. I drink and take drugs; for me
to cope, that's what I have to do," she says. Rohde is one of many former
officers who developed post-traumatic stress disorder and other stress-related
disorders while working in detention centres around Australia. Statistics from
WorkCover South Australia record 62 claims for post-traumatic stress disorder
and other mental disorders made by guards at Woomera and Baxter. Many are
unlikely to work again. We have been told a lot about the impact of detention on
asylum seekers, but not about the impact on those who worked there. By 1999
leaky vessels were making their way to Australia carrying mostly asylum seekers
from Iraq, Iran and Afghanistan. Arrival numbers overwhelmed detention centres
at Curtin and Port Hedland, both in northern Western Australia. The overflow
shifted to a makeshift camp near Woomera, South Australia, where they languished
in desert heat until given visas or sent home. Five hundred kilometres from
Adelaide, with access to the detention centre barred to almost all, it was
impossible for outsiders to know what happened within. Woomera's carrying
capacity was 400. By April 2000 it held more than 1400 detainees, and officers
were needed to keep order. Detention services were privatised by the Howard
government in 1997. The successful tenderer was Australasian Correctional
Management, or ACM, a subsidiary of the US giant Wackenhut corporation, which
ran private jails in Australia and overseas. Many ACM detention centre officers
had been jail staff but the company also advertised for them. With free
accommodation and the minimum requirement of five 12-hour shifts a week, the
conditions seemed excellent - about $1200 a week. For Rohde, recently separated
from her husband and experiencing financial difficulties, the job seemed a
godsend. Many officers believed they were on important duty. In 2000 Australians
got the message they were under siege; that the boatloads surely included
terrorists. Still others thought this was a chance to show kindness. Within
weeks, the new recruits would find themselves kitted up in riot gear and
wielding batons, extinguishing fires, or cutting down would-be suicides. Trevor
Robertson signed up to Woomera in June 2000. He had recently completed training
as a prison officer in Brisbane. His partner, Kendall Jones, expecting their
first child, urged him to apply. As with Rohde, the move would be the mistake of
their lives. An imposing figure, Robertson was respected by colleagues and soon
became a supervisor. When Woomera closed and the operation transferred to the
Baxter centre near Port Augusta, Robertson went too. One former colleague
remembers him as even-tempered, fair and good in a crisis - "the best operator
at Woomera". Robertson has been unable to work, his marriage teeters in the
balance, and he rarely leaves the loungeroom of his modest Port Augusta home. He
does not socialise, and spends his time bent over the computer, poring over
state and federal law, or on the phone to any bureaucrat or politician who will
talk to him about immigration detention. It is an obsession. He has reflected
long and hard about why it all went so wrong in immigration detention centres.
All the officers interviewed for this story said training was inadequate. In an
intensive four- to six-week course, new recruits practised restraint and riot
drills, became familiar with the Migration Act, and were encouraged to treat
detainees with respect. Robertson does not think any training could have
prepared officers for the dire daily situations. He told ABC TV's Four Corners
program that three days after training he was at Woomera when 500 detainees
attempted to escape. The job was close to impossible. Detention centres became
violent; chaos reigned. These desert prisons held people who were distressed and
traumatised for months or years on end, waiting for news on their visa
applications. Many eventually became deranged. Riots, hunger strikes, self-harm
and suicide attempts were common. Officers became the focus of detainee anger
and resentment, and threats were made against them and their families. It angers
Robertson that he and colleagues were denied help. "We were the police; we were
the mental health-care workers; we were the social workers," he recalls
bitterly. Detention centres had rules, and most detainees obeyed them. A core
group, however, was troublesome and the only consequence of their behaviour was
incarceration in the "management unit", a form of solitary confinement where
detainees frequently became so unmanageable it was easier to return them to
their compounds. Troublemakers lit fires, smashed windows, stood over and
bullied others and assaulted officers with relative impunity. Experts argue that
incarceration in detention centres induces mental illness. According to ACM
statistics for October 2001, three psychologists saw 764 residents at Woomera. A
psychiatrist visited every few weeks, but daily care of people with mental
illness was left to untrained officers. Rod Gigney, a kindly officer, would
bribe Anna with fruit, trying to curb her behaviour. The young woman wandered
around naked at Baxter and defecated on the floor. To officers less sympathetic,
Anna was just a heroin-addicted, damned nuisance. She turned out to be the
schizophrenic German-born Australian Cornelia Rau. Gigney made many reports
about Anna to management, without effect. Carol Wiltshire was deeply concerned
about a woman who had not left her room for 10 months. She was catatonic,
covered in bedsores and unable to tend to her small child. Wiltshire's
supervisor suggested she "poke her with a stick and see if she's still alive".
It was another month before she was transferred to Adelaide's Glenside mental
health facility. Understaffing was significant and chronic. Often an officer as
young as 20 would be left alone in a compound where three officers were
required, leaving them vulnerable and insecure. Sean Ferris was alone at Baxter
when a riot broke out. He locked himself in the office, which was pounded with
stones and set alight. Simon Forsyth, then 21, faced a fire on his first shift
at Baxter. He did not know how to use the extinguisher. An October 2005 report
recounts the incident that ended Robertson's career. By then, Baxter detainees
were predominantly visa overstayers and criminals awaiting deportation. There
was a fight, Robertson was assaulted and "suddenly I lost control". "I was
really trying to hurt people; I had my hands around their throats." And that was
that. The once solid and reliable officer, mentor to fellow workers, finally
cracked. Battered, bruised and hysterical, he was driven home. When he said he
was fit to return to work three weeks later, he broke down, was subsequently
diagnosed with an adjustment disorder and has not worked since. Clive Skinn, a
Port Augusta local who worked at Woomera and Baxter, loathes all detainees.
Sitting uncomfortably on the couch in Robertson's lounge room, he is tense with
anger. "My body is full of hatred," Skinn says. He had not given refugees a
thought before he went to Woomera; he knew nothing about Muslims. On his second
day on the job, a detainee head-butted him. Another spat at him soon after.
Wiltshire says Skinn was never the same after having to cut down a man who
attempted to hang himself. Life became unmanageable. Skinn was quick to anger,
could not get on with his children, could not sleep. He awoke suddenly one
morning convinced that there were Muslims in his house. He seized a chair and
trashed the place, smashed windows and the TV, broke holes in the walls. He was
diagnosed with anxiety and depression and spent 18 months on workers'
compensation. While still profoundly affected, he holds down a job in an
underground mine at Roxby Downs, but the past catches up with him. "I'd like to
kill them all," Skinn says of detainees. "And I feel the same way about the
children. They were as bad as the parents." Gigney's breakdown was a consequence
of concern for detainees. He listened to their despair, smuggled extra milk
rations for children, and watched helplessly as they suffered physically and
mentally. A boy, 12, was among the three would-be suicides he cut down. Officers
who displayed compassion were held in contempt by many co-workers, and became
known as "care bears". The diminutive and softly spoken Annie Brown (not her
real name), 55, thought working at Baxter would be an opportunity to help the
unfortunate. Each day she would say to herself, "I've got 12 hours to make these
people's lives better." For this she was taunted and ridiculed by fellow
officers; for Annie, the worst part of work at Baxter was the attitude of many
co-workers. Annie's husband is also a former Baxter officer. "We were people who
had normal lives," Annie says through tears. "We don't have them any more."
After being ignored by superiors, she was diagnosed with post-traumatic stress
disorder, anxiety, depression and agoraphobia, and for a year could not leave
her house. Many people with post-traumatic stress disorder have to confront the
fact that what was normality is not likely to return. This is Rohde's reality.
"I want my life back," she says. "But the psychiatrist has said that I will
never be the person I was before. I have to try to learn to live with the person
I am now." Three years since his diagnosis, Robertson shows no sign of
improvement. For Kendall, life with Trevor is close to unbearable. She says he
is distant, obnoxious and arrogant. He gets angry with the children, impatient,
distracted. He does not go to bed until 3am, and rises late. As Jones and
Robertson do seemingly fruitless battle with bureaucrats, they are frustrated
that former detainees can pursue compensation for psychological damage but
former officers cannot. Gigney continues to try to find work. In his home town
of Whyalla the mining boom is in full swing, but being sound of body is not
enough for him to take advantage of it. He has just made his second attempt to
get a truck driver's licence. He would pulled over to answer his phone when a
water truck went past, triggering a flashback to the water cannon used during
riots at Woomera, and an incident involving children. He sat in the cabin and
wept. In the suburban Adelaide pub where she works as a kitchenhand, Wiltshire
shares a drink with another former officer, Barbara Zillner. The camaraderie
among former officers is akin to that between Vietnam War veterans - no one else
comprehends what they went through. In 2000 Wiltshire, a single mother doing it
tough, saw Woomera as a chance to escape the poverty trap. Like others, she
broke down, diagnosed with an adjustment disorder. Her road to recovery has been
hard, but she now holds down a job and a relationship. Having recovered a
measure of equilibrium in her life, she looks back and wonders at what she went
through. "I was proud to be a detention centre officer, protecting Australia's
borders. Then I changed. I became a monster, a cowboy, like all the other
officers. They were all driven crazy. When I look back, I just think - what the
hell did I do that for? To end up hating people for no reason."
November 14, 2007 The Age
THE Federal Government faces another humiliating compensation payout that
could run into millions of dollars as a result of court action taken by a
Vietnamese-born man. Tony Tran, 35, was unlawfully detained for more than five
years and badly bashed in early 2005 at the Baxter Detention Centre by a
mentally ill inmate with a history of violence, a statement of claim filed in
the Supreme Court of Victoria says. He was also separated from his son Hai and
not told by the Government in 2000 that Hai, then two years old, would be taken
by the boy's mother to South Korea, the country of her birth. Three years later
the boy was left by his mother with Mr Tran's brother in Australia and later
placed in foster care for 14 months after the brother could no longer care for
Hai. Mr Tran is seeking compensation from the Federal Government for physical
and psychological damage. If successful, any compensation was likely to run into
millions of dollars, said litigation expert Anne Gooley, from Maurice Blackburn
Cashman. "How do you compensate somebody for detaining them unlawfully for five
years?" she said. Ms Gooley expects the case to be settled before it goes to a
full hearing.
April 9, 2007 The Australian
THE Federal Government says it is still waiting for a list of claims from
the lawyers for Cornelia Rau, an Australian resident detained as an illegal
immigrant. Ms Rau's lawyers said today they would sue the Government over her
treatment, amid difficulties in reaching a negotiated resolution. Immigration
Minister Kevin Andrews said the Government still hoped to reach an out-of-court
settlement. "The Government has written to Ms Rau's lawyer a number of times
over the past few months seeking to obtain a list of claims to enable the
Commonwealth to settle this matter," Mr Andrews said through a spokeswoman. "We
wish to settle it as expeditiously as possible. "We're just waiting on Ms Rau to
provide us with a list of her claims. We can't process a final settlement ...
quickly without actually receiving a claim for what she may wish to have
compensation for. George Newhouse, one of Ms Rau's solicitors, said the
Government's contracting out of Baxter detention centre's operations to Global
Solutions Limited appeared to have complicated his client's compensation claim.
"The Commonwealth Government has its own financial arrangements with the
operators of the detention centre that appear to be complicating Cornelia's
case," he said. "That's not Cornelia Rau's problem. It was the Commonwealth
Government that set up this ridiculous system of immigration detention. "She
shouldn't suffer because of the Commonwealth Government's privatisation of
detention."
December 12, 2006 ABC News
More than 30 detainees are reported to be staging a protest at the Baxter
detention centre near Port Augusta in South Australia. A caller to the ABC, who
says he is a detainee at Baxter, says a group of detainees has blocked the front
gate of the detention centre, and others are on a hunger strike. He says the
protest follows reports of several detainees harming themselves to draw
attention to their frustrations. "It's just a process of long-term immigration
detention, it's unnecessary, it's unreasonable," he said. "Any other country in
the world - and Australia is a wonderful country - but any other country in the
world, they detain you for 30 days, they identify you, then they release you.
"There is no purpose for us being here. "We have been vilified by the Government
in order to justify our detention. This is unfair." The Immigration Department
says there have been five incidents in the past four days. The Department says
this morning a detainee was taken to hospital after an incident that is still
being investigated. It says two detainees jumped from the roof on Friday, a
detainee climbed a tree on Saturday and was treated for heat exhaustion when he
came down, and on Sunday another man climbed onto a roof before coming down
again.
October 31, 2006 Sidney Morning Herald
THE Federal Government is winding back private management of immigration
detention centres after years of controversy over the compromised health and
psychological care of detainees. The Immigration Minister, Amanda Vanstone, said
yesterday the Government was relieving a private company of its responsibility
for health and psychological services, which would be transferred to the direct
control of her department. The move follows the recommendations of a review
triggered by the Palmer report into the deficiencies of care in detention
highlighted by the case of Cornelia Rau, the psychiatric patient whose illness
went undiagnosed for several months. Global Solutions Ltd, whose management of
health services has drawn criticisms of care standards and conflict of interest,
denied the loss of services was "in any way the result of dissatisfaction with
the services provided" by Global Solutions. A company spokesman said the review
of the centres had not criticised the health and psychological services it
managed. But the company's management of the centres and detainee health
services had represented a "fundamental conflict of interest", said Louise
Newman, a psychiatrist and a member of a government expert advisory panel on
detention health. Professor Newman said the failings in health care and
psychological services, highlighted by the Rau saga and other cases of
inadequate care, had resulted in "incalculable" suffering for detainees.
March 20, 2006 The Age
AT LEAST two long-term immigration detainees — one held for 6˝ years — are
in a psychiatric hospital after developing mental problems while in detention,
the Greens claim. The man who has spent more than six years in detention, a
34-year-old from Bangladesh, was moved from Baxter detention centre last August
to Adelaide's Glenside psychiatric hospital. The other man, whose family are
Australian citizens, has been detained for more than two years. "This period of
time in detention makes this man another Peter Qasim, the long-term detainee who
was recently released after seven years," Greens senator Kerry Nettle said.
Their cases have been raised by the Greens as up to 100 detainees at Sydney's
Villawood detention centre entered the fourth day of a hunger strike aimed at
forcing the release of mentally ill detainees held for more than two years.
March 3, 2006 Sidney Morning Herald
A DAY of turmoil in the nation's immigration system ended with the Federal
Government backing down on several fronts yesterday. It agreed to pay damages to
a boy traumatised in detention and allowed a deported Melbourne man to return to
Australia on humanitarian grounds. A damning report released by an independent
auditor yesterday also raised questions about a successful 2003 bid by the
immigration detention contractor GSL, whose contract the Government refused to
renew on Wednesday. In Sydney, an 11-year-old Iranian, Shayan Badraie, was
offered damages for trauma he suffered in Woomera and Villawood detention
centres. The move comes after a 63-day Supreme Court hearing. While in detention
between March 2000 and August 2001, the boy became severely traumatised after
witnessing riots, a stabbing and a string of other disturbing incidents. He
subsequently spent 94 days in hospital, and still requires treatment.
Commonwealth lawyers approached lawyers representing Shayan this week to offer a
settlement for damages. The exact sum will be fixed at a hearing this morning
but is expected to be more than $1 million. Meanwhile, the immigration detention
contractor GSL was found to have been hired even though it was more expensive
and provided inferior services to competitors, the National Audit Office
announced yesterday. GSL's bid was $32.6 million higher than that of the
incumbent detention centre operator, ACM, when the latter's bid expired. The
audit office found the basis on which ACM was paid $5.7 million after it missed
out on the contract was "doubtful", since the department was only required to
compensate for matters pertaining to detention. Immigration could not provide
evidence of the criteria under which the sum was paid. The audit also found the
head of the steering committee, which was heavily involved in the evaluation of
the bids, gave a reference for ACM's bid. An independent probity adviser told
the steering committee seven months later that this should not happen again.
March 2, 2006 The Age
THE CONTROVERSIAL private operator of Australia's detention centres will not
have its lucrative $90-million-a-year contract extended. An independent review,
carried out in the wake of the Cornelia Rau and Vivian Alvarez Solon scandals,
found that changes to the contract were required. Yesterday Immigration Minister
Amanda Vanstone said all detention services would be re-tendered as part of
sweeping reforms to prevent a repeat of the problems that engulfed the
Immigration Department last year. GSL, which also operates Victoria's Port
Phillip Prison, took over the running of Australia's detention centres in late
2003. The company has come under intense scrutiny, with critics claiming it has
introduced a punitive prison regime to detention centres, including the use of
solitary confinement. In July last year GSL was penalised more than $500,000
after a report said five detainees endured 6˝ hours in the back of a van with no
toilet breaks and no food or water while being transferred between the
Maribyrnong and Baxter detention centres. Senator Vanstone said that although
there was an option to extend the contract with GSL when it expired late next
year, the Government had decided to re-tender after a report by former Health
Department deputy secretary Mick Roche found changes to the contract were
required.The Palmer report on the treatment of Cornelia Rau, an Australian
resident wrongfully detained for 10 months in a Brisbane jail and the Baxter
detention centre, was scathing about the inadequate health care she received at
Baxter. It also said the Government's contract with GSL was "fundamentally
flawed" and failed to deliver the immigration detention policy expected by the
Government. A damning Auditor-General's report last year said health standards
in detention centres were not clearly spelt out in the contract. Another
National Audit Office Report, to be tabled in Parliament today, is also expected
to be critical of the detention services contract.
January 31, 2006 Scoop
The Victorian Greens Spokesperson on Refugees, Peter Job, today expressed his
concerns about growing discontent amongst asylum seekers about their treatment
in Baxter detention centre due to the Intransigent policies of the Department of
Immigration and its subcontractor Global Solutions Limited. Mr. Job explained
that he had just completed a three day visit to Baxter, during which he met with
over twenty detainees from a variety of backgrounds. “Despite claims from the
Department to be cleaning up its act, the detainees I spoke to claimed the
situation in Baxter is actually getting worse, giving consistent accounts of
increasingly repressive and heavy handed treatment by management,” Mr. Job said.
“They spoke of increasingly intrusive and undignified searches of their bodies
and property, especially when accessing the visitor’s compound. They spoke of
run down facilities, where broken telephones, kitchen items and leisure
facilities were not fixed for months, despite continued requests from detainees.
They also continued to complain about the appalling quality of the food, which
they claimed had not improved despite the Minister’s assurances to the contrary.
“Above all they pointed to a culture in which their opinions and complaints are
belittled and ignored, where incidents of discontent are further provoked rather
than deescalated, and in which detainees are given little respect as human
beings.”
November 23, 2005 Green Left Weekly
I wasn't involved in the asylum seeker debate in 2001 when the government's
actions on Tampa were, in their opinion, decisive in getting them re-elected. It
was an accident of circumstance that my family was given a voice this past year:
we had an obligation to point out the hypocrisy of having one set of rights for
citizens and another for suspected "illegals" who are left to rot for
years in detention centres without the rule of law to protect them. Even though
it took months for all the nasty specifics of Cornelia's treatment to emerge,
the broader themes were clear from the outset: the lack of morality - not to
mention the expense - of detaining innocent people and hiding them away in the
desert; the overall levels of secrecy; the farming out of detention centres to
for-profit corporations; the use of punitive isolation to control behaviour; the
unchecked power of ill-qualified immigration bureaucrats and privately employed
security guards; and the absence of judicial review. The failures exposed by
Cornelia's case have hardly been addressed. The reforms emanating from Mick
Palmer's inquiry into the wrongful imprisonment of Cornelia have given a greater
review role to the federal ombudsman (but only after someone's been detained for
two years) and many long-term detainees are being quietly released. A couple of
sports fields have been added to Baxter and some of the razor wire in Villawood
coming down with great fanfare - only to be replaced by electrified fence. In
detention centres, the lack of palatable food has been a deeply felt source of
contention. The food issue, so seemingly trivial when compared with indefinite
detention, can lead to avoidable tension and abuses. This has not changed.
Cornelia's case: In early February, Cornelia was just another non-person in
Baxter, receiving no treatment for a florid psychosis. The rest of our family
was living in suburban obscurity. We were dragged into public life in early
February 2005 when the media became interested. Even before the government
announced the Palmer inquiry - only five days after Cornelia was identified - we
were getting calls from people with information about what had happened to her
during her brush with DIMIA. I was determined to expose the more appalling
misuses of power during Cornelia's time behind the wire, much of it in punitive
isolation. In the first few days, Senator Amanda Vanstone's office put out
various bits of misinformation about how wonderful DIMIA had been to Cornelia
and to us. No-one had contacted us. We learned of the phantom medical care being
given to detainees. There were horrific cases of neglect: the young child with a
broken thumb, which turned purple and swollen in the week it took for him to get
medical attention; the man complaining of severe headaches who was fobbed off
with Panadol for two years until he collapsed one night between compounds and
started to turn blue after which he was finally rushed to hospital where
neurosurgeons operated for 12 hours to contain the burst aneurism. There was the
woman in Villawood in NSW who couldn't establish breastfeeding with her newborn
because guards were in her hospital room 24 hours a day. During the delivery, a
guard even gowned up to watch the caesarian, worried no doubt, she might jump up
from the table and abscond during the procedure. There were stories of sexual
assaults by guards, and in one case, a hastily arranged abortion. Many of our
interviewees were worried about repercussions and asked for confidentiality. The
former detainees and their families were able to tell us how places like Baxter
really worked in practice, how the medical services that DIMIA described in such
glowing terms, breached the duty of care requirements. Interview transcripts and
court affidavits, including from DIMIA staff that flagrantly contradicted the
sort of eyewitness evidence we were getting, were passed onto the university.
One such chilling document was the "Behaviour Management Plan" (BMP)
from Global Solutions Limited (GSL, the company that runs Baxter among other
corrections institutions), which set out rules for detainees in the punishment
compound at Baxter, Red One. This is where Cornelia spent 94 days in a
psychosis, which had been discerned by other detainees. Evidence we were given
showed GSL even flouted its own management plan for much of the time Cornelia
was in Red One. For example, detainees have to sign a consent to the BMP before
they enter the compound. Cornelia signed no such document. Under the strictest
stage of the plan, detainees are allowed four hours out of their cell. In
Cornelia's case, we were told by eyewitnesses that on many days she was given
only two hours' egress, or none at all. At least on one occasion, Cornelia was
punched in the chest so hard she fell backwards into her cell so the guards
could lock her inside. [Abridged from a speech by Christine Rau, Cornelia's
sister, to the Queensland Public Interest Law Clearing House on October 18. For
the full text see <http://www.qpilch.org.au/>.]
November 14, 2005 The Age
THE Immigration Department says it will have no hesitation in pursuing criminal
charges against detainees who allegedly lit a series of fires at the Baxter
detention centre. One detainee was taken to hospital and five others were
treated for smoke inhalation on Saturday as a result of four fires that
destroyed 14 accommodation rooms and forced the evacuation of 58 detainees at
the South Australian facility. The Immigration Department said the damage bill
was in the hundreds of thousands of dollars. The fires forced the removal of 54
detainees to other parts of the centre. Four who are of interest to the police
have been isolated and are under constant watch. The fires began in a kitchen,
and fire authorities have said the fact there were a number of separate fires
suggested there was some unrest at the centre.
November 12, 2005 The Age
One man has been taken to hospital and five others treated for smoke inhalation
after a series of fires forced evacuations at the Baxter Detention centre in
South Australia. Fifty-eight men being held in detention were evacuated from the
White One compound after fires started at the Port Augusta centre around 4am
local time a spokesman for the immigration department said. Six of those
evacuated were treated on the scene for smoke inhalation with one of them taken
to hospital for further treatment. The four separate fires caused more than
$25,000 worth of damage and were probably deliberately lit, according to a fire
services spokesman.
November 2, 2005 Sidney Morning Herald
Laws that follow through on the government's compromise deal with rebel
backbenchers over its tough immigration detention policy were introduced to the
lower house on Wednesday. Three-month time limits on deciding protection visa
applications and decisions by the Refugee Review Tribunal are two of the major
changes introduced in the bill. In addition, the department will be able to
release the identity and photographs of people being detained when all other
efforts to identify or locate them have failed. This is to rectify the
reluctance on DIMIA's part to release information about the mentally ill
Australian resident Cornelia Rau who was wrongly locked up in immigration
detention for 10 months. Labor's immigration spokesman Tony Burke described the
bill as "an incremental step in the right direction". Mr Burke wants
the government's contracts with the private company running Australia's
immigration detention centres, Global Solutions Ltd, terminated and the
management of the centres returned to government hands.
September 13, 2005 The Australian
ILLEGAL immigrants held in detention will be offered taste testing of
prospective menus and weekly barbecues in a further attempt by the Howard
Government to soften its hardline image on asylum-seekers. The move follows
complaints from detainees about the quality of food, including reports of
maggot-infested meat, at the privately run Baxter Detention Centre at Port
Augusta, South Australia. A confidential government report found food quality
had been so bad at Baxter - administered by British conglomerate Global
Solutions - that consultants witnessed three-quarters of meals being thrown in
bins, with some detainees reporting they were prepared to eat only three or four
main meals a week. The report says meals at Baxter often developed a
"stewed" appearance, with food "very wet at times, the sauce
unthickened and tasteless, or dried out". Immigration Department deputy
secretary Bob Correll said yesterday food at Baxter had not been provided to
standards required under the contract with GSL. He said there was a direct link
between unrest in detention centres and food quality. "Sometimes food has
not been served at correct temperature or it is bland," he said. "Special
requests in relation to cultural and religious issues were also not being
met." The federal Government's $300million contract with GSL is
under review. The Palmer Report into the case of Cornelia Rau - a mentally ill
Australian resident wrongfully detained at Baxter - found that GSL's contract
had "little emphasis on service quality or the establishment of an
equitable detention environment".
September 6, 2005 The
Age
CONDITIONS at Baxter detention centre are not conducive to good mental health,
with more than a fifth of detainees on tranquillisers and anti-depressants, a
damning report by a bipartisan parliamentary committee says. The joint standing
committee on migration, chaired by Liberal backbencher Don Randall, spoke to
about 25 long-term detainees during a visit to Baxter detention centre, near
Port Augusta in South Australia, in April this year. "For the committee the
three main concerns to emerge from the inspection were the length of detention,
mental health in detention and the possibility of physical abuse," Mr
Randall says in a report tabled in Parliament yesterday. "The committee
cannot deny the impact of long-term detention." When
the committee visited Baxter on April 19, more than 50 of the 240 detainees were
on anti-depressants and many slept for long periods during the day. The
report comes two months after the scathing Palmer inquiry into the wrongful
detention of Cornelia Rau, which found mental health care at Baxter was
inadequate by any standards.
August 26, 2005
The Age
Police have launched an investigation into claims that guards at South
Australia's Baxter detention centre deliberately twisted an asylum seeker's leg
until it broke. The Immigration Department has confirmed Peter Mode, a
24-year-old from Zimbabwe, suffered a broken fibula during a violent incident
involving three detainees and several guards at the centre on Tuesday. South
Australian police are investigating the incident and Mr Mode plans to make an
official complaint. Mr Mode said he was assaulted by guards when he sought to
protect another inmate, named John, after he threw his meal against a wall,
complaining the fish being served to detainees tasted of dust. Mr Mode said
seven guards arrived at John's room on Tuesday night to take him to the Red One
maximum security unit. "I started arguing with them; 'No you can't take him
out of his room, he had an operation last week'," Mr Mode told ABC Radio. "And then I was trying to struggle with them and then they
pushed me down to the ground and then one of the officers held my leg. "I
was kicking back (saying) 'Just leave me alone'. "Then they pushed the leg
and it broke to the ankle." Mr Mode said he told the guard he had broken
his leg but he continued to twist it.
August 2, 2005 The
Age
The Immigration Department has admitted it had provided misleading answers about
a group of detainees who were found to have been inhumanely treated during a
transfer to Baxter detention centre. The department yesterday blamed private
contractor Global Solutions Limited for its mistake, saying it was relying on
information from the detention centre operator. A spokeswoman from the
department's media unit admitted it had provided misleading answers to questions
from The Age about the incident because "this is what we were told at the
time". The admission has sparked renewed calls for GSL's contract to be
terminated. Five detainees claimed they were forcibly removed from Maribyrnong
detention centre on September 17 last year, put in the back of a van and driven
for what seemed to be 10 hours with no toilet breaks and no food or water. In a
detailed response to the allegations on September 21 last year, the department
said the detainees travelled in "a special-purpose air-conditioned
vehicle". "There was a break in a major regional centre a number of
hours out of Melbourne where the detainees had a meal and stretched their legs
for an hour," the spokeswoman said. "During the drive they had access
to food and drink and secure places for toilet stops all along the routes, so
the detainees only needed to ask if they required a stop." An independent
report on the incident, released late on Friday night by the department, found
that the detainees were treated in "an inhumane and undignified
manner" and denied food, water and toilet breaks for 6˝ hours on the
Melbourne-Mildura leg of the journey. The report, by the former head of
Queensland Corrective Services, Keith Hamburger, found that appeals for
assistance from the detainees were disregarded. One of the detainees said he was
forced to urinate "like a dog" in the compartment of the van where he
was held. The report also found that force was used on one detainee and that the
van used to transport them was "totally unsuitable" for the long trip
from Melbourne to South Australia. The Immigration Department and GSL have
apologised to the detainees, two managers have resigned and the company has been
fined more than $500,000. The Immigration Department spokeswoman said yesterday
that the "information (given to The Age) was what should have
happened" and that the Hamburger report confirmed that GSL officers had
given the department misleading information. "Someone from GSL has already
been sanctioned for supplying wrong information to the department," she
said. Labor's immigration spokesman, Tony Burke, said the episode showed a lack
of clear lines of responsibility and communication. "The department should
be out there on the front line so that it knows what's happening to detainees
and so it can communicate the message rather than become an extension of the
culture of cover-up," he said.
August 1, 2005 The
Age
A traumatised asylum seeker has told how he was forced to urinate "same as
dog" in the back of a van during a hellish trip between Maribyrnong and
Baxter detention centres last year. A damning report, released late on Friday
night by the Immigration Department, found that five detainees were denied food,
water, medical treatment and toilet stops for six-and-a-half hours on the
Melbourne-Mildura leg of the journey. The independent report found the detainees
were humiliated and treated in an "inhumane and undignified manner".
The asylum seeker, who does not want to be named in case it affects his visa
application, told The Age a guard gave him 10 minutes' notice of his transfer
last September from the Maribyrnong centre in Melbourne to Baxter north of Port
Augusta in South Australia last year. "I wanted to call a lawyer. He said,
'No, take your stuff now'," the asylum seeker said. He said the five
detainees were pushed into the van by guards working for detention centre
operator Global Solutions Limited. One detainee, who struggled, broke a bone
while being forced into the van, the asylum seeker said. He said the van, which
was divided into compartments, was dark. The space he was put in was so small he
couldn't move. "The guards said, 'If you die inside no one will
know'," the man said. "I can't see anything. For eight hours there was
no toilet, I had to go in the van, same as dog." He said the detainees were
not fed until they arrived at Mildura police station, where they had an hour's
break. "I can't believe it," he said. "GSL and the Immigration
Department are the law, they can do anything. I didn't know much English, I
didn't know what to say to who." He said that although he still felt angry,
he did not want compensation. "I'm angry for treating me like a dog,"
he said. " I don't want money. All I want is for the minister to give me
the visa." The Immigration Department apologised for the "very
regrettable incident". New department secretary Andrew Metcalfe said GSL
would be penalised more than $500,000 and he would refer the matter to police to
investigate if criminal offences were committed. Two GSL managers have resigned.
July
25, 2005 Herald Sun
DETAINEES at the Baxter detention centre rioted on Friday night, causing up to
$70,000 worth of damage to the complex. The riot was sparked by complaints of
bad food, according to police. Police are expected to charge some of the
25 detainees who damaged a kitchen, mess hall and store room during the
disturbance. The Department of Immigration said the five minute riot
caused between $50,000 and $70,000 damage to the centre in South Australia's
North. A Department spokesman said complaints about the evening meal of lamb
aubergine sparked the riot in a compound called Blue Two. Detainees
damaged security cameras, lighting, tables, chairs and food warmers during the
disturbance, the spokesman said.
July 14, 2005 The Age
The Immigration Department has stalled for weeks over transferring from Baxter
to a psychiatric institution three severely depressed men who a mental health
expert says need immediate hospital care. This is despite the department
being severely criticised by the Palmer inquiry over the inadequate mental
health treatment it provides for immigration detainees. Former police
commissioner Mick Palmer's report on the wrongful detention of mentally ill
Cornelia Rau, which is highly critical of the department's culture, will be
released today, with the Government's plans for action on mental health,
identification and other aspects of immigration detention.
June 29, 2005 The Australian
IN his explosive report on the detention scandals, former police commissioner
Mick Palmer refers to Cornelia Rau's four months in Baxter detention centre as
"Anna's journey". Using the name she took at the time of her
admission to the South Australian holding centre, Mr Palmer tells how her mental
health deteriorated inside Baxter, yet systemic failures allowed her to remain
on the periphery of psychiatric care even after the intervention of the state's
director of mental health. Anna arrived at Baxter, on the desert outskirts of
Port Augusta, on October 6 without any documentation on her medical history. She
was assessed and screened by a contract nurse but things soon got out of hand.
"She was unco-operative during the medical induction, by crying, being
confused and upset," Mr Palmer says. An assessment by Adam Micallef, a
psychologist employed by Global Solutions Ltd, the company with the detention
centre contract, was ordered for the next day as a "precaution".
Medical papers were sent from Brisbane Women's Correctional Centre, including
discharge papers from the Princess Alexandra Hospital. Micallef decided her
problems appeared "behavioral", rather than stemming from mental
illness. "Anna's behaviour continued to be bizarre," Mr Palmer says.
Critically, Micallef wrote that Baxter was not equipped to handle cases such as
Anna's, and he recommended that she be moved to an all-female compound such as
the one in Villawood detention centre in Sydney. The option was never pursued.
Anna had been a month in Baxter when she was seen by the centre's consulting
psychiatrist, Andrew Frukacz. Despite two attempts, he was unable to make a
definitive diagnosis. He recommended she be assessed in a mental health
facility. Acting on Frukacz's advice, attempts were made to bring in South
Australia's Rural Remote Mental Health Service to assess Anna. "The RRMHS
triage team seemed unsure of their relationship with Baxter and said they would
need to clarify matters and then get back," Mr Palmer says. "They did
not do so." On November 12, Micallef called a psychiatrist working at
Glenside -- South Australia's only dedicated mental health facility -- to
discuss Anna's "issues" with Baxter staff. The psychiatrist advised
that Anna's problems sounded behavioural but later told Mr Palmer no sense of
urgency was conveyed to him at the time. The next day the RRMHS took Anna off
their books as to be placed at its allocated beds in Glenside. But no-one at Baxter was told. Micallef sent Anna's psychiatric assessments
to Glenside but there was not enough detail in the file to admit her to its
waiting list. On New Years's Eve last year, NSW psychiatrist Louise Newman,
Adelaide refugee lawyer Claire O'Conner and a local doctor visited 12 detainees
at Baxter. After examining several of the detainees, they decided to commit two
under the state's mental health act. By January 4, Baxter staff urged Glenside
to accept and assess Anna. Three days later a rural doctor contracted to Baxter
diagnosed possible "schizoid or schizotypal personality features and
possibly schizophrenia", but further discussion with a Glenside
psychiatrist resulted in no action. On January 24, South Australia's then
director of mental health services, Jonathon Phillips, offered to have Anna
assessed at Glenside. Department of Immigration officials in Canberra sought
RRMHS assistance to arrange this, but its director suggested she be examined at
Baxter. "It was clear the efforts made by Glenside, RRMHS and Baxter were
unco-ordinated and no one took overall responsibility for the arrangements to
admit Anna to in-patient care," Mr Palmer says. Eight days later, after
media reports of a mentally ill German woman in Baxter, it was finally decided
that Anna be assessed under the Mental Health Act. That same day, it was
revealed she was in fact Cornelia Rau.
June 5, 2005 The Advertiser
SECURITY guards have been moved on to the grounds of Glenside Mental Health
Service to watch over nine Baxter detainees receiving treatment. The guards,
employed by the Baxter Detention Centre operators, are costing an estimated
$150,000 a month. Effectively, two guards have been assigned to each detainee.
They operate out of a hired demountable hut which was recently delivered to the
grounds of the hospital. State health officials have made it clear the guards
are not welcome. Director of Mental Health, Learne Durrington, said she has
approached the Immigration Department about the impact of the guards on other
patients. "We're running a hospital here and it needs to be managed as a
hospital," Ms Durrington said. "I've proposed that we get rid of the
guards and replace them with our own staff who are better trained in mental
health care." The Baxter guards are employees of Global Solutions Limited (GSL)
subsidiary Group 4, the security company that has the contract to operate the
Baxter Detention Centre. "We've taken additional troops from another part
of our company," the spokesman, who did not wish to be named, said.
"As a result we've got staff shortages and we're recruiting more people –
mainly for our Baxter contract." One of the guards told a visitor to
Glenside hospital the demountable was hired at a cost of $300 per day. Figures
from the Miscellaneous Workers Union show the salary costs of the 54 daily
eight-hour shifts to be more than $150,000 per month. A spokesman for the
Glenside hospital confirmed two guards were allocated for each detainee.
"That's 18 guards on three eight-hour shifts, making a total of 54 guards
on a daily basis," he said. The increase in numbers of detainees needing
mental health treatment has occurred subsequent to the Cornelia Rau case where
an Australian resident suffering psychosis was wrongly detained in Baxter until
her real identity was discovered in February this year. Health officials have
confirmed that in the year prior to the Rau case only one person had been
referred to Glenside, but now nine people were in treatment. Glenside hospital
officials are still waiting for a response from the Commonwealth on the presence
of the Group 4 guards. Meanwhile, the legal team assisting the Rau family's
submission into the Palmer inquiry has questioned the timing of an internal
Baxter memo about the identity of a detainee. A story in the Sunday Mail of
November 21, 2004, described a missing woman as 168cm tall, 58kg, with dark
blonde hair, brown eyes and a brown mole on her left cheek. It subsequently
turned out to be Cornelia Rau. It's since been revealed that an internal memo
dated November 24 raised the possibility a detainee was an Australian citizen.
Legal representatives for the Rau family will ask the Palmer Inquiry to check if
the memo was sparked by the article in the Sunday Mail.
February 9, 2005 The
Age
The detention centre where mentally ill Australian Cornelia Rau was wrongly held
was not visited by a psychiatrist for at least three months last year, documents
filed in Adelaide's Federal Court suggest. South Australian Legal Services
Commission lawyer Claire O'Connor claimed in documents that Group 4 Falck, the
company that runs Australia's detention centres, and the Department of
Immigration had breached their duty of care by failing to provide adequate
psychiatric care for three mentally ill Iranian men at the Baxter detention
centre. Outside the court, she said there were parallels with the Rau case.
"Cornelia was sick and wasn't treated, my clients are sick and they are not
being treated," Ms O'Connor said. "She is no different to people in
there." In documents supporting her attempt to get urgent psychiatric
treatment for the men, Ms O'Connor said the centre's suicide and self-harm unit
did not employ a psychiatrist. "It is believed there has been no
psychiatric visit . . . since about August 2004 and certainly none since
November 2004," she said in an affidavit. Ms O'Connor said the problem of
the lack of psychiatric care at Baxter was compounded by the fact that the
centre itself was contributing to the poor mental health of detainees. She said
psychiatrists visited Baxter infrequently and were forced to deal with a series
of seriously ill people in a short time. "All they can do is medicate them,
they just keep renewing the prescriptions," she said.
February 7,
2005 The Age
Only a full judicial and public
inquiry would be sufficient to establish the facts about the detention of a
mentally ill Australian woman, her sister said today. Cornelia Rau, a
39-year-old former flight attendant who was released from Baxter immigration
detention centre last week after spending 10 months locked up, has caused a
national debate over services for the mentally ill. Her sister, Christine Rau,
said an inquiry independent of the government and open to public scrutiny was
necessary to get to the bottom of the case. Adelaide public defender John
Harley, who represents mentally ill people, said he had grave concerns for the
fate of other people suffering mental health problems imprisoned by the
immigration system. "This is not isolated at all," Mr Harley told ABC
radio. "I was informed that (Ms Rau) was in solitary confinement and that
involves her being under lights 24 hours a day (with) closed circuit television.
"She was allowed out of her room six hours a day, but in some occasions it
required four men in riot gear to remove her back into her cell," he said.
February 7,
2005 Herald Sun
THE Federal Government will hold an
inquiry into the detention of a mentally ill Australian women at the Baxter
centre for illegal immigrants. Prime Minister John Howard yesterday said it was
regrettable Cornelia Rau was held in custody for three months in Baxter and
before that six months in a Brisbane jail. "Obviously it's . . . a very
regrettable incident," Mr Howard said. Ms Rau, a 39-year-old former Qantas
flight attendant, was released from Baxter in South Australia on Friday. Australian
Democrats leader Lyn Allison said the Government should not be trusted to
investigate its own actions. "It is bad enough that Ms Rau was being held
in an immigration detention centre," Senator Allison said. "But why
did she spend six months in a women's prison before that? Senator
Allison said state and federal governments had allowed prisons and detention
centres to become "the new psychiatric asylums".
February 5, 2005 The
Age
A family snapshot of Cornelia Rau, detained as a suspected illegal immigrant. A
mentally ill Australian woman found by Aborigines in a remote Cape York township
has been mistakenly held in immigration detention for nearly a year while her
distressed family thought she was dead. Cornelia Rau, 39, who suffers from
schizophrenia, was last seen in March after she escaped from the psychiatric
unit of Sydney's Manly Hospital. The Immigration Department confirmed last night
that Ms Rau, who was speaking German and some English, had been held in a
Queensland women's prison until September when she was transferred to Baxter
detention centre. Ms Rau's sister, Chris Rau, a Sydney journalist, read an
article from The Age last Monday about a mystery German-speaking woman held at
Baxter, known only as "Anna". Baxter authorities faxed her a
photograph, which showed her missing sister. "We're just relieved that she
is alive," Chris Rau said. They were also bewildered why the department
could not establish her identity when police had her details. Ms Rau was first
taken into detention in April. She had been staying near an Aboriginal camp at
Coen, in far north Queensland. The Aborigines became concerned that she was sick
and brought her into Cairns police. A spokesman for Immigration Minister Amanda
Vanstone said the woman was handed over to the Department of Immigration by
police in April 2004. She was held in a Queensland women's prison until
September when she was transferred to Baxter. Greens
senator Kerry Nettle last night called for an inquiry into "this staggering
case of mismanagement and abuse". During her three months in Baxter, Ms Rau
was kept in isolation for a week, then in a high- security unit locked in a room
on her own for 18 hours a day, refugee advocate Pamela Curr said. She said her
sister had "been through hell". "We don't know what the
implications are going to be for her future condition or her treatment."
December 13,
2004 The Age
The immigration department today accused
refugee advocates of inciting incidents within the Baxter detention centre by
exaggerating reports of a detainee hunger strike. Refugee support group Rural
Australians for Refugees (RAR) today said 27 Iranians within the South
Australian centre were participating in the hunger strike, now into its second
week. Among those were five men who had sewn their lips together and three who
were staging a protest on the centre's gymnasium roof, RAR spokeswoman Kathy
Verran said. She said those on the roof had been denied water since last night,
after guards stopped other detainees bringing water to the men. Ms Verran said
detainees had also reported the guards were bouncing balls against the ceiling
of the gym, underneath the detainees, to prevent them from sleeping.
December 3,
2004 The Age
Four Sri Lankan men have been
hospitalised after refusing food for up to 10 days in a hunger strike at South
Australia's Baxter detention centre. Two of the men had also been admitted
overnight earlier this week, she said.
December 1,
2004 The Age
Eleven Sri Lankan men at the Baxter detention centre have stepped up their
hunger strike and are now refusing medication, a refugee advocate said today.
The detainees were determined to continue their hunger strike until death, in a
last bid to be granted refugee status in Australia, according to Rural
Australians for Refugees spokeswoman Mira Wroblewski. Ms Wroblewski said other
hunger strikers were angry that the pair, after their release, had been forced
to walk from the detention centre medical facility to their compounds in pouring
rain. "It (forcing them to walk in the rain) has just strengthened their
resolve.
September 20,
2004 The Age
A hunger strike, a High Court action and a direct appeal to Immigration Minister
Amanda Vanstone are among last-ditch efforts to stop the forced return of asylum
seekers to Sri Lanka. The man on hunger strike, who is 34
and was detained after his visa expired, was put into Baxter's management unit
on Thursday and forcibly fed. He resumed his hunger strike on Saturday, Ms
Wroblewski said. Eleven other Sri Lankans held at Baxter yesterday entered the
fifth day of a peaceful sit-in at the compound.
August 20, 2004
A food sample from South Australia's Baxter detention centre will be presented
to health authorities for inspection after detainees complained they had been
served a meal crawling with maggots. The Immigration Department last week said
one maggot had been found in food and an investigation was under way. South
Australian Greens MP Kris Hanna said he would today present a sample of meat and
rice to the state Environmental Health Department for examination. Mr Hanna said
the food sample was smuggled out of Baxter following frustration among detainees
about the situation. "According to reports in the centre, the food was
crawling with live maggots," Mr Hanna said. Detainees at the Baxter centre
last week upturned rubbish bins in protest after complaining about maggots in
their food. (The Age)
July 29, 2004
Two murals border a grassy patch in the fenced-in adult education compound of
the Baxter immigration detention centre. Goldfish feature in one. The
other, still being painted by detainees yesterday, is an abstract composition of
nine blue eyes and brown faces. For the first time since the fires in
2002, journalists were allowed in the centre. An Iranian detainee, who said he
had been in detention for about four years, waited until the Immigration
Department official was out of earshot before he started whispering to the
Herald. The mural of the eyes represented confusion, he explained.
"People don't know what they're doing, they've lost their personality, they
don't know what happens to them," he said. And the fish?
"If you scream underwater, nobody hears your voice, if you're crying,
nobody hears." One area the media had never seen before was the grim
"Management Unit", where detainees with behavioural issues are put
into solitary confinement - sometimes for more than a month at a time. The
Red compound, burnt during the fires in 2002, is for "problem"
detainees who have come out of the "Management Unit" and are being
"re-integrated" into the general detention centre population.
There were no detainees in the Red compound yesterday either - just empty
non-carpeted rooms with metal furniture bolted to the floor and a peephole for
guards to look through when doing their head counts each night. (Sidney
Morning Herald)
March 18, 2004
Inmates of Baxter immigration detention centre took control of a compound
yesterday morning and barricaded themselves in. About 50 guards in riot
gear surrounded the compound and forced open the door, Greens refugee
spokeswoman Pamela Cur said yesterday. Furniture was broken in the
confrontation, which followed arguments overnight after guards tried to forcibly
remove a detainee from his room, she said. Ms Cur said the inmate
reportedly had been suicidal and staff had tried to force him into solitary
isolation cells. The man, who has a medical condition, has a fear of
solitary confinement and at one stage he climbed on to the compound roof,
refugee advocates said. A spokesman for the Immigration Department
confirmed that there had been a disturbance at Baxter. A detainee had scaled a
shade structure, but he later came down. The disturbance had been limited
to one compound, the spokesman said. Centre staff were monitoring the compound
where the disturbance had taken place. Late yesterday afternoon it appeared
calm.
(The Age)
November 20, 2003
A High Court judge has cleared the way for a challenge to Australia's detention
laws that could ultimately result in all children being released from
immigration detention centres. High Court Justice Kenneth Hayne ruled in
Melbourne yesterday that the challenge, launched by refugee advocate Eric
Vadarlis, could proceed to a February hearing before the court's full bench. The
legal action aims to free four child detainees from South Australia's Baxter
Detention Centre on the grounds that the detention of children for
administrative purposes is unconstitutional. (The Age)
July 30, 2003
An Iranian man at the Baxter detention centre has refused to eat for the
past 18 days after his seven-year-old daughter was sent back to Iran, the
Australian Democrats said today. Kate Reynolds, Democrats' social justice
spokeswoman in South Australia's upper house, called for authorities to provide
medical care and grief counseling to Amin Mastipour (Amin Mastipour), who
was on a hunger strike in a Baxter isolation unit. "I cannot believe
that this man's child - who has been with him for the past five years - has been
torn away from him like this," Ms Reynolds said. (Sidney Morning
News)
July 27, 2003
Alamdar Bakhtiyari, who has spent three of his mere 15 years living in
detention, says he never wants to come out. He says he feels safer behind Baxter
detention centre's razor wire. As he sits with The Age, his angry
father at his side, Alamdar is edgy, fearful. His face switches like a flashing
light, now scowling, now smiling. When he does speak, his words tumble out
filled with accusations and disbelief. "It is not fair you come and talk to
us, and then you go home to your family and a nice house and we stay here. We
are not free to leave. You have lovely homes and families, but all we have is
nothing, not even our freedom. "I am not allowed to enjoy freedom
like other boys. It makes me crazy, I hate it here. I hate Australia. I am not a
criminal, I have done nothing wrong." Then the switch is thrown
again. "You know what ACM stands for?" he says flashing a smile.
"Always Changing their Minds." Australasian Correctional Management
(ACM) is the private company that runs Baxter and decides what Alamdar can and
cannot do. After almost three years of detention, Alamdar, with his
younger brother Montazar (Monty), bears all the signs of someone completely
institutionalised. His fear of the outside world outweighs his fear of
incarceration. He says his life has been torn apart by the competing forces in
Australia's immigration debate: the refugee activists, the lawyers, the media
and Immigration Minister Philip Ruddock. Alamdar carries the scars of
detention, some of which are still visible. At the height of the Woomera
turmoil, when riots and hunger strikes were commonplace and teenage detainees
were threatening to kill themselves and drinking shampoo, Alamdar stitched his
lips together. Out of frustration he slashed himself repeatedly with razor
blades, and in a moment of deep despair he gouged the word "freedom"
into his forearm. (The Age)
April 21, 2003
South Australian police have apologized to protestors after a heavily tactical
response squad drove into their camp near the Baxter detention centre searching
for a rifle that had allegedly been aimed at a police helicopter. The
search of the site turned up a camera tripod. A total of 33 people were
arrested during the three-day Easter protest against mandatory detention of
asylum seekers. More than 350 police were on hand for the protests.
But as protesters left, riot police charged at selected groups to clear them
from the area. (The Age)
April 18, 2003
Police clashed with protesters outside the Baxter detention centre today after
demonstrators climbed barricades and tried to march on the centre.
Ignoring police appeals to remain beyond a roadblock erected to seal access to
the centre, hundreds of protesters confronted police in a tense stand-off this
afternoon. Some protesters climbed the barricades and attempted to make
their way on foot to the centre's main gates, before a second line of police
blocked their path and began confiscating camping equipment. Hundreds of
protesters from around Australia have converged on Port Augusta to rally against
the government's treatment of asylum seekers. Some 300 police officers
were redeployed to Port Augusta this weekend, after last year's Easter rally at
the Woomera detention centre, during which detainees staged several mass escapes
with the help of demonstrators. Refugee Action Collective protest
organiser Fleur Taylor, from Melbourne, said centre manager Australasian
Correctional Management (ACM), authorized by the Department of Immigration (DIMIA),
had increased punishment of Baxter detainees. (The Age)
March 10, 2003
Two men who escaped from the Baxter immigration detention centre last night
spent just hours on the run before being recaptured by South Australian police
early today. Police said the men fled into bushland north of the Port
Augusta facility at 11.18pm (CDT). A search involving local police and
Australian Federal Police was organised, including the use of a police aircraft.
(The Age)
January 3, 2003
It was meant to be
the new, friendlier face of Australia's asylum seeker
policy. Although an electrified
fence runs around the outside, and security cameras are everywhere except in
private areas, the
rooms are modern. There is more grass and play area for children than in
other centres. But today part
of Baxter lies in ruins, and along with it any hope of an easy resolution to
the fate of Australia's
asylum seekers.
Just
after midnight on Friday last week a fire broke out in an empty room in
Red 1, a men's compound
at Baxter. Although detainees cannot possess matches or lighters, arsonists
may have made a lighter
from electric wiring or a toaster. They had mattresses and newspapers -
plenty of fuel.
Two
nights later, a bigger fire was lit in Red 1. Staff tried to put it out
but did not have enough water.
Fire crews arrived, people were banging on doors to wake those still asleep.
Many detainees were
collapsing from smoke inhalation.
At
about 3pm that day more fires were lit. Desperate to get out but told not
to, detainees broke down
the gate and tried to break out of the compound. Guards in riot gear
confronted them. When some
detainees were asked why they had started the fire they replied: "We were
trying to get away. The
centre is making us crazy."
By
Sunday night the fires were spreading, first to Port Hedland detention
centre, later to Woomera,
Christmas Island and Villawood. The "ferocity" of the actions took
guards by
surprise, an ACM
employee said.
On
December 17, newspapers in Sydney, Brisbane, Adelaide and Melbourne
published the same
article. Carrying headlines such as "Five Star Asylums" and
"It's not all
mriots at
our Club Fed", it
reported that detainees enjoyed luxuries such as gyms, Foxtel, DVDs and yoga
classes.
The
article, and a similar one in a Port Hedland newspaper, made some people
in the Port Hedland
detention centre "very angry," says the town's Uniting Church
minister, Bev
Fabb. She says most of
the article's information was wrong for Port Hedland. The article also
troubled Harry Minas of the
Federal Government's Independent Detention Advisory Group.
Neither
Professor Minas nor Ms Fabb suggest a direct link between the
article and the arson but
many asylum seeker advocates feel the article helped to exacerbate what one
advocate describes as a
"huge deterioration" in the mood of detainees in the past month.
A
shift is under way in the centres. Numbers are dwindling. No boat has
reached Australia for 14
months. Baxter, Woomera and Port Hedland are way below capacity.
On
New Year's Eve the Immigration Department handed a letter to 488
detainees in Baxter, Port
Hedland and Woomera. The letter said most of them had been rejected as
refugees and had "no right
to remain in this country . . . You can choose to bring your detention to an
end at any time by leaving
Australia".
According
to what an Iranian detainee told asylum seeker advocate Ian
Knowles, a group of men,
infuriated by the letter, marched to the immigration office and demanded to
be deported straight away.
Guards
in riot gear pushed them back to a compound. ACM confirmed that tear
gas was used.
Mr
Minas adds: "People are saying, 'It's their (the detainees') own bloody
fault', and in a way it is.
"But
people have to ask what makes this group prefer be in a detention
centre environment rather
than to go go home.
"They
are not choosing a soft life in Australia." (The Age)
January 3, 2003
Thirteen pairs of scissors, two chisels, home-made weapons, broken glass panels
and lighter fluid have been found after searches in Australia's seven
immigration detention centres. But strip searches of the 132 men detained
at Baxter and Woomera in South Australia, conducted this week, apparently
uncovered little. An Immigration Department statement refers only to two
mobile phones and one screwdriver being found. The five-day spree of
violence in five of the seven immigration detention centres has left a damages
bill of $8.4 million. The bill climbed $400,000 yesterday after the
Immigration Department revealed the cost of fires at Christmas Island four days
ago. (The Age)
December 29, 2002
Asylum seekers who
caused more than $2 million in damage by using bedding and furniture to fuel six
separate fires at the three-month-old Baxter Detention Centre in South Australia
face jail terms before being deported. One
of the centre's nine compounds was destroyed after five fires began
simultaneously early yesterday, and 13 people, including two guards, were taken
to hospital.
Forty-seven
detainees were evacuated to another compound within the centre, where another
big fire broke out shortly after 3.30pm. Eighty-one
rooms were destroyed, including 17 in the second compound. Two en suite units
were destroyed and a mess hall was damaged.
According to the Department of Immigration website, riots in detention
centres have caused more than $5 million in damage over the past 18 months. More
than three-quarters of this has occurred at Woomera Detention Centre, where six
buildings were destroyed in riots in August 2000 and a further three burnt
during riots in November last year. (Sidney Morning Hearld)
December 27, 2002
Inmates at South Australia's Baxter detention centre used mattresses and
newspapers to light three fires that gutted a complex of four rooms,
Australasian Correctional Management said yesterday. The fires, which
caused an estimated $60,000 damage, have been referred by the Department of
Immigration to Australian Federal Police for investigation. A spokesman
for Australasian Correctional Management, which is contracted to run the Baxter
immigration detention centre, said the fires had been lit in the single men's
complex, which included two bedrooms and two toilet areas. (The Age)
November 6, 2002
Up to 30 detainees at South Australia's Baxter detention centre were hit by
nearly 50 guards in full riot gear last week and then refused medical treatment,
according to an asylum seeker. Afghan Fahim Shah said about eight
detainees were hurt last Thursday's attack in the mess where about 30 people
were eating dinner. "They threw my plate and beat me with the stick
and pushed me three times with the shield to go outside from the mess," he
said. He said there had been two other incidents of brutality by
Australasian Correctional Management guards at the centre since it opened about
six weeks ago. (The Age)
Borallon
Correctional Centre
Queensland, Australia
Serco (formerly run by
Management and Training Corporation)
October 25, 2006 Townsville Bulletin
A TENDER for the state's two privately-run prisons is not a criticism of the
current operators, the Queensland Government said today. Corrective Services
Minister Judy Spence said new tenders to run Borallon and Arthur Gorrie
correctional centres, valued at a total of $200 million, would ensure taxpayers
got value for money. "It is not about the performance of the current
operators,'' Ms Spence said. The Arthur Gorrie jail has been under fire in
recent years over a number of deaths in custody, security failures and assaults
on prisoners by staff. Borallon made headlines four years ago when a report
showed it had the highest rate of illicit drug use in the state, with almost one
in three prisoners using drugs. Four companies will be invited to tender: GEO
Group Australia Pty Ltd, GSL Australia Pty Ltd, Management and Training
Corporation Pty Ltd and Serco Australia Pty Ltd. GEO currently operates Arthur
Gorrie, and Management and Training Corporation operates Borallon. Ms Spence
said the contracts would be for five years, with an option for Queensland
Corrective Services to extend them for a further five years. The tenders will be
evaluated in the first half of next year with new contracts to start on January
1, 2008. An independent probity auditor has been contracted to oversee the
entire project.
February 22, 2004
OFFICERS at a privately-run prison in Queensland will
walk off the job again over the next two days. Prison officers at the Borallon
Correctional Centre, near Ipswich, will lock prisoners in their cells during
six-hour stoppages tomorrow and on Tuesday in a dispute over enterprise
bargaining negotiations The prison is operated by the US-based prison
company Management and Training Corporation (MTC), under contract to the
Queensland Government. Last week, about 500 low and medium security
inmates were locked in their cells for two hours on Monday and Tuesday morning.
The prison officers' union, the Liquor, Hospitality and Miscellaneous Workers
Union, said it would increase the length of the stoppages if the dispute dragged
on. About 150 prison officers have been
calling for a six per cent annual pay rise over the next two years but MTC
offered an increase of just 1.9 per cent a year. MTC
also wants to reduce prison officers' sick leave entitlements to six days a year
from eight in the last agreement which expired last month. LHMWU
spokesman Ron Simon said the union would also ban overtime at the prison.
"Each week we've increased the length and intensity,
of the walkout," he said. "This
time our members are stopping twice for six hours and imposing a two-week
overtime ban, commencing Monday morning." (Townsville Bulletin)
February 9, 2004
INMATES at Borallon Correctional Centre near Ipswich will
be placed in lockdown mode tomorrow and Tuesday as prison officers strike in
support of increased wages and benefits. Almost 500 low and medium
security inmates at the privatised prison will be locked down and managed under
a skeleton staff structure for two hours from 8am (AEST) tomorrow and on
Tuesday, while members of the Liquor Hospitality and Miscellaneous Union (LHMU)
rally for a pay increase. The prison has
been run by US firm Management and Training Corporation (MTC) since September
2000, under contract to the Queensland government. About
150 prison officers, whose current enterprise agreement expired last month, are
calling for a six per cent annual pay rise over the next two years in addition
to paid parental leave and income protection. (Townsville Bulletin)
August 14, 2001
Drugs and illegal 'home brew' have been discovered during random searches in
Queensland's prisons. Four prisoners have also lost open security
classification after testing positive to drugs. Two prisoners already in
custody are facing charges after random searches uncovered drugs at Borallon
Correctional Centre and illegal brew at Borallon and Woodford Correctional
Centres. (ABC News)
Casuarina
Prison
West Australia
CCA
December 7, 2000
A potentially dangerous man serving a six-year jail sentence for various theft
offences escaped from a prisoner-transport van between jail and the West
Australian Supreme Court. David Graeme Hintz, 24, escaped from the back of a
Corrections Corporation of Australia security van as it traveled down a busy
city street in rout to court. The Ministry of Justice said today's escape was
the third from CCA custody since July 31, when the private contractors took over
the service. (News Limited, Dec. 6, 2000)
Christmas Island Detention
Center
Christmas Island
Serco
February 27, 2010 Green Left Weekly
An asylum seeker accused of rioting in the Christmas Island detention centre
on November 21 recently contacted a refugee advocate about living conditions
inside. The refugee advocate asked Green Left Weekly to withhold both their
name. At the trial of the accused rioters on January 20, the magistrate did not
issue orders to move them. Yet the accused were moved to “red compound”. The
asylum seeker said they felt violated by surveillance cameras in the toilets,
and complained about this. They have since been moved to the centre’s “alpha
compound”. There are no surveillance cameras in the toilets at the alpha
compound, but it is more crowded. The asylum seeker said he was in a 12-by-10
foot room with two others. It was too small to fit a table or cupboard, or to
display religious items. He said they were not allowed out to the oval, church
or the pool. They were surrounded by an electric fence. They had access to
mobile phones in red compound, but they are banned in alpha compound. There are
two computers for 100 people. He wrote: “We can’t inform this message [to]
anybody, so I inform you: what can we do?” He was distraught about the fate of
his family, fearful of his fate in detention, and desperate to continue tertiary
studies. He was very appreciative of what practical help the refugee advocate
could provide, which was to send him books on learning English. That there was a
need to send books suggests little had changed since a 2003 report characterised
the detention centre’s library services to asylum seekers as “leftovers and
scraps”. The living conditions sounded like a Siberian prison camp under Stalin.
Serco, the company that runs the privatised detention centre, refused to speak
to GLW. However, a Department of Immigration and Citizenship (DIAC) spokesperson
answered some questions by email. DIAC advised that if refugees are unhappy with
their living conditions they can “raise such issues with the detention services
provider”. The refugee advocate told GLW that the ombudsman plans to visit the
island. It is not clear if the ombudsman will have access to complaints. There
is a higher security area known as “red compound”. Surveillance of toilet areas
is used only if inmates pose a very high risk to themselves or others. Alpha
compound is an “ordinary holding area”, DIAC told GLW. Asylum seekers are given
50 credit points (worth about $1) per week with which they can purchase items
such as cigarettes or phone cards to use with fixed phones. According to DIAC,
many of the books available were “sourced from the Christmas Island local
school, while some books, magazines and newspapers have been donated by people
living on the island”. However, a “large order” of Tamil books that includes
novels, cricket books and magazines had just been delivered. Given the serious
gap between the asylum seeker’s evidence and DIAC’s description, it is of grave
concern that ordinary Australians cannot freely contact staff or residents at
the centre. Serco Australia has pledged to “meet the highest standards of
performance and accountability”. But has it?
November 24, 2009 The Age
RIOTING refugees could be kicked out of Australia for their part in a wild
brawl that broke out in Christmas Island's detention centre on Saturday night.
Security is also set to be beefed up following the riot, in which 150 Afghan and
Tamil asylum seekers attacked each other with pool cues, brooms and tree
branches. The fight was sparked by a dispute over a game of pool. As a Federal
Police probe began, Prime Minister Kevin Rudd warned that the ringleaders had
jeopardised their asylum claims: ''If a detainee on Christmas Island has
committed a serious offence this will be taken into consideration as part of the
assessment as to whether or not they are granted a visa.'' A fourth asylum
seeker who was badly injured in the brawl was flown to Perth for treatment,
joining three other men already in Fremantle Hospital, in a stable condition.
While 43 asylum seekers were hurt, five guards employed by the centre's manager
Serco suffered minor injuries. Immigration Minister Chris Evans said the warring
groups were being kept separate and he promised tighter security. The problem
started when two Afghan men using a pool table refused to give it up and taunted
waiting Tamils, a source said. ''The Afghans kept heckling and wouldn't get out.
Normally when two people lose, they leave and let the next two have a go. The
men exchanged foul language and one Afghan hit the Tamil guy and the Tamil guy
hit back and then it escalated with pool cues,'' the source said. A fight
erupted and continued for 45 minutes before it was broken up by Serco staff.
After detainees were locked in their rooms for an hour, those treated for wounds
returned to find 50 Afghan men waiting. Another brawl erupted. The source said
Sinhalese Sri Lankans backed Tamil countrymen in the fight that left some with
broken bones and head injuries. Senator Evans dismissed suggestions ethnic
tensions, such as resentment towards the Afghans for getting visas quicker,
triggered the fight. He said Sri Lankan men had become increasingly anxious
after some of their countrymen were deported a few weeks ago. ''There has been
some increased tension around the Sri Lankans in particular being a bit
concerned, as we have had some people removed back to Sri Lanka,'' Mr Evans
said. He added he was ''quite comfortable'' that the centre was being managed
properly, despite becoming increasingly overcrowded as more detainees were
squeezed in.
Corrections Corporation of Australia
CCA
January 21, 2006 Sidney Morning Herald
HERE'S a conundrum for you. While the introduction of super fund choice mid last
year was supposed to open up the options for the placement of your retirement
savings, a growing number of fund members are finding their options shrinking.
That's because choice, and the introduction of a new licensing regime by the
Australian Prudential Regulation Authority, are forcing fund trustees to
seriously rethink their commitment to running a fund. A recent Federal Court
case involving trustees sued by fund members for losses incurred because their
fund was not adequately diversified will further test that commitment. The court
case, Kernaghan v Corrections Corporation of Australia Staff Superannuation Pty
Ltd, revolved around whether the trustees were able to claim on their liability
insurance, as they had settled out of court with the 73 fund members who
originally sued them. But it highlights how even a fund that has produced good
performance can run into problems if the trustees don't do their job properly.
In a nutshell, the case arose because the super fund, which had $5 million of
its $6.5 million in real estate investments, was suddenly faced with having to
pay out a large number of fund members due to retrenchments. The employer
sponsoring the fund lost two contracts in the second half of 2000 and the fund
needed more than $4.6 million to pay out members' entitlements before the end of
that year. While the fund had $1.5 million in liquid assets, its major asset was
$4.2 million tied up in units in a trust which owned two properties in
Queensland. It also owned two industrial properties in Victoria valued at
$310,000 and $550,000 respectively. To pay out members it was forced to put the
properties on the market. The Queensland properties, in particular, represented
a problem as the remaining period on the leases was relatively short and unless
new leases could be negotiated quickly, the property was unlikely to be sold at
the book values. Tensions with fund members were exacerbated when the trustees
reduced the interim earnings rate on their accounts and then effectively froze
their accounts so that no members could be paid out until the trustees knew what
the real value of the properties would be. As you can imagine, these weren't
ideal sale conditions and the properties were sold at a discount. Both Victorian
properties were sold at a loss on their original sale price. The trustees, who
had been warned before the retrenchments that the fund needed to be better
diversified, eventually settled out of court and paid the members $275,000 plus
costs, which amounted to $539,000. While one of the founding trustees of the
fund strongly defended the fund's investment strategy in court and pointed to
the fact that it had a strong earnings history, it was interesting to note
Justice North's comments on this point. He said, strong earnings history aside,
the investment strategy was fundamental flawed. "It may have been an appropriate
strategy for an entrepreneurial enterprise, but it was ill advised for a fund
designed to provide security for employees in their retirement and for which
risk minimisation should have been a primary concern," he said. Justice North
agreed with the trustees' legal advice that if the case had gone to court, the
fund members would probably have succeeded. While most major super funds do have
diversified investment strategies, the case sounds a couple of warnings. First,
that producing good returns isn't enough. Risk management and minimisation is
also an essential part of managing other people's retirement savings. And
second, that liquidity is a big issue for super funds. While this fund may well
have been sufficiently liquid to meet its obligations if the members hadn't been
retrenched, funds need to be able to handle the unexpected. And big investments
in illiquid assets like property don't let them do this - a fact that many
self-managed super funds concentrating on property investments should also
consider.
Curtin
Detention Centre
Australia
GEO Group (formerly known as Wackenhut Corrections)
July 19, 2005 The Age
The Immigration Department is under fire again for failing to protect a woman
who was sexually abused in front of her daughter in a detention centre.
The Human Rights and Equal Opportunity Commission has found that the department
failed in its duty of care and breached her human rights. The woman, an
Iranian refugee from a minority religious group, complained of two violent
attacks by other detainees at the Curtin detention centre in Western Australia.
In one incident a man had tried to rape her, and in another a man punched her in
the chest and face, tore her clothes off and broke her finger. Her young
daughter, who came to her aid, was also punched. In preliminary findings
seen by The Age, Human Rights Commission president John von Doussa slammed the
department and the manager of the Curtin centre, Australasian Correctional
Management. News of his finding follows the damning indictment of the
department over the illegal detention of Cornelia Rau and the mistaken
deportation of Vivian Alvarez Solon. In his report last week, former
Federal Police commissioner Mick Palmer identified "a serious cultural
problem" and called for urgent reform.
June 2, 2005 The
Australian
HE was locked up alongside convicted criminals in a maximum-security prison,
but Iranian asylum-seeker Zal Shahbazi was happy to be there. "It was
really much better than detention," he said. "I had a terrible time in
prison, but in detention they put pressure on you mentally because you don't
know when you will be free. As the Howard Government shows signs of softening on
its hardline policy of mandatory detention for women and children, Mr Shahbazi
recalls his blackest days in the now-defunct Curtin detention centre. In April
2002, he was locked in the mess hall with about 40 other detainees, including
women and children. "Forty guards came and opened one of the doors, and
they started beating us," Mr Shahbazi said. "Everyone -- even the
women with kids. Everyone was yelling, we were terrified. They beat me with a
baton, they beat my leg and my back." After complaining, Mr Shahbazi was
arrested and sent to Broome Regional Prison, where he shared a cell and one
toilet with up to eight maximum-security prisoners. His charge was damaging
commonwealth property during the clash with Australasian Correctional Management
guards. He was told he would be on remand for three weeks.
February 11, 2002
Federal police were investigating claims a female asylum seeker was sexually
assaulted at the Curtin detention centre, Justice Minister Chris Ellison said
today. The woman had since been
moved to the Baxter detention centre in South Australia as the Australian
Federal Police looked into claims the Iranian woman was a victim of assault
mid-last year. Senator Ellison said
the AFP was made aware last year of two separate allegations the woman had been
assaulted, but neither claim involved sexual assault, and only one was referred
to West Australian police. However,
human rights organisation Amnesty International intervened and wrote to the AFP
alleging the assaults were sexual. (Sidney Morning News
)
January 27, 2003
Six months after an alleged sexual assault at Curtin Detention Centre, Western
Australia will investigate. Federal and state police had declined to
investigate the alleged attempted rape of an Iranian mother because each said it
was the responsibility of the other. But, after The Age reported the
stand-off yesterday, Western Australia's Police Minister, Michelle Roberts,
called for a full report from her state police commissioner, Barry Matthews.
Unfortunately, he said, state police received the complaint from detention
centre management only after Curtin had largely closed and the women had been
moved to Baxter in South Australia. The alleged victim, a Sabian Mandaean
(follower of John the Baptist), said in a statement to Federal Police that she
was punched in the chest and face, her clothes were torn off and her finger was
broken in the assault by an 18-year-old Afghan. Her young daughter, who
came to her aid, was also punched. There is no agreement assigning
responsibility for policing in detention centres, although the AFP wrote to
Amnesty International that such an agreement was a "very high
priority". The AFP is negotiating agreements with each state.
In the meantime, according to Amnesty national director Mara Mousatafine, women
and girls in detention centres have no legal protection against sexual violence.
(The Age)
August 19, 2002
Conditions in Australia's remote detention centres resembled metal hospitals but
without proper staff and facilities, Human Rights Commissioner Sev Ozdowski said
today. The key cause of mental health problems for detainees were long
periods of detention rather than detention conditions, he told federal
parliamentary human rights sub-committee. "To be perfectly honest, it
looks to me that especially Woomera, Curtin and Port Hedland are a bit like
mental hospitals, only without proper staff to run mental hospitals and without
proper facilities." Such problems had not existed a year ago, he
said. "This is really associated with the length of detention."
(The Age)
April 23, 2002
Hysterical scenes of bleeding asylum seekers smashing their heads against walls
and demanding to be released from their cells at Curtin Detention Centre have
been recorded on a video leaked to the media. The video, made by staff at the
West Australian centre, showed distraught Afghani asylum seekers hurling
themselves against walls in the lead up to a riot at the centre last year.
Centre operator Australian Correctional Management (ACM) recorded the incident
for internal purposes but it was leaked to ABC's Lateline program last night. An
advocate for the detainees told Lateline that hunger strikers wanted a lawyer
but authorities told them they would have to pay for their own legal
representation. Since they had no money they asked if it was possible to sell
their own blood so they could hire a lawyer because they had nothing else to
offer, the advocate said. Lateline said the emotionally charged scenes preceded
a riot last June which resulted in massive damage to the desert camp. (The Age)
April 23, 2002
Australia's inhumane detention centres should be closed, Greens Senator Bob
Brown has said. Australia's inhumane detention centres should be closed, Greens
Senator Bob Brown said today. Senator Brown told journalists in Hobart that
leaked video footage from the Curtin Detention Centre, broadcast by ABC TV last
night, was now going around the world and would further destroy Australia's good
reputation. He said the centres were modern concentration camps which inflicted
mental horror on men, women and children. "We don't keep rapists and
murderers in jails with such harsh mental conditions as concentration camps like
Woomera and Curtin," he said. Senator Brown said the government's selective
reporting of events in the centres was censorship like South Africa's apartheid.
(The Age)
April 23, 2002
Detainees at the Curtin Detention Centre in Western Australia were being treated
humanely, Prime Minister John Howard said today. Mr Howard said he had seen
video footage aired last night on the ABC depicting alleged mistreatment of
asylum seekers. He said he had sought advice on allegations there was an
unwillingness to provide medical attention, but advice from the Immigration
Minister's office said this was not true. He said the staff at the centre in the
state's north were in fact prevented from administering medical attention
because of the conduct of the detainees. (The Age)
April 22, 2002
The Federal Government has warned it may use force to end a tense stand-off
between asylum seekers and authorities at the Curtin detention centre in Western
Australia. After three days of violent unrest, the government was losing
patience, acting Immigration Minister Chris Ellison said yesterday. Negotiations
were continuing with detainees armed with curtain rods, sharpened broom sticks,
knives and cleavers in the main compound at the centre, he said. About 300
detainees have refused to leave the centre's main compound since rioting broke
out on Friday night. Twenty-eight guards and several detainees were injured in
the violence. Fires were lit in accommodation blocks, activity rooms and the
kitchen were ransacked and thousands of dollars worth of equipment such as
computers, sewing machines and hairdressing facilities were destroyed. (The Age)
April
21, 2002
Detainees went on a rampage at the Curtin Detention Centre in Western Australia,
damaging buildings and leaving one guard in hospital after their applications
for asylum were rejected. Buildings and equipment were damaged, fires were lit
and blankets and clothing ransacked during the rampage, leaving what the
Immigration Department described as a substantial bill. Fourteen Australian
Correctional Management officers were injured during the riot which began at
dinner time on Friday night. Acting Immigration Minister Chris Ellison told
journalists the detainees involved had had their applications for asylum
rejected. "We understand that the majority of the people involved in this
disturbance had their applications rejected and are awaiting removal,"
Senator Ellison said. The Australian Democrats said the management of detention
centres was out of control. "(Immigration Minister Philip Ruddock) must
recognise that his detention regime has failed asylum seekers and failed the
taxpayer," Democrats immigration spokesman Andrew Bartlett said. (Sidney
Morning News)
April 20, 2002
Staff at the Curtin detention centre were injured and buildings damaged during
rioting by detainees last night. An Immigration Department spokesman confirmed
there was a disturbance at the centre near Derby in which several staff were
hurt and buildings and property damaged. He did not know how many were involved
in the riot. One staff member was taken to Derby Regional Hospital by ambulance.
Natasha Verco, from the Refugee Freedom Bus organisation, said she received a
call from a detainee in the centre about 8 pm pleading for help. Ms Verco
claimed the man said guards were dressed in riot gear and were systematically
beating people. "I could hear screaming in the background and he said there
was blood everywhere," she said. But the department spokesman denied the
allegation that detainees were being beaten. "The only injuries have been
to the ACM (Australasian Correctional Management) officers," the spokesman
said. Immigration Minister Philip Ruddock last week announced the centre, 44
kilometres from Derby, would be closed because of a drop in illegal boat people.
Refugee Action Collective spokesman Ian Rintoul said Curtin should be scrapped
because it was remote, inhospitable and the most repressive detention centre.
(The Age)
April 11, 2002
The closure of the Curtin detention centre will badly affect the local economy,
with the loss of about 20 jobs, according to the Derby-West Kimberley shire.
Shire president Elsia (Elsia) Archer said she was disappointed to receive the
phone call from Immigration Minister Philip Ruddock this morning that the centre
would close. "I'm disappointed but I guess I knew it was going to close. We
tried to keep it open," Ms Archer said. "It will have an impact on the
community." Ms Archer said the closure was because the Royal Australian Air
Force wanted the space at its base back. (The Age)
April 11, 2002
Woomera detention centre will be scaled down and the Curtin centre closed as
part of a long term federal government plan. Immigration Minister Philip Ruddock
made the announcement today following a review of detention centres across the
country. The government plan developed from the review included the scaling down
of Woomera, in South Australia, and the closure of West Australia's Curtin
facility, he said in a statement released to reporters shortly before a press
conference in Sydney. Mr Ruddock said the Baxter centre would be able to house
1,200 asylum seekers, with about two people to each room and ensuite facilities
available. "It involves a number of internally configurated compounds which
enable people to live in smaller communities with a high degree of
amenities," Mr Ruddock said in Sydney. He said the Woomera scale-back would
result in its capacity being dropped from 2000 to 800. The detention centre on
Christmas Island would increase to 400 places by July and about 1,000 by the end
of the year, he said. (The Age)
October 30, 2001
A prisons watchdog has described conditions in Australia's migrant detention
centres as "disgraceful" and has called for an independent
inspectorate to improve standards. The Inspector of Custodial Services in
Western Australia, Richard Harding, says a visit to the Curtin Detention centre
near Derby in June revealed overcrowded accommodation, broken toilets and
inadequate medical and dental services. Professor Harding says an
independent federal inspectorate would ensure the centres are managed properly
by contracted firms like Australasian Correctional Management. (World News from
Australia)
June 12, 2001
They were banned from speaking to the media, but the desperate asylum-seekers
refused to be silenced after risking weeks at sea to get to Australia only to be
held behind barbed wire in remote outback camps. First came the children,
may skipping and giggling, holding placards declaring: "Please save us from
these cages" and "Stop demonizing us." One girl smiled
shyly as she showed visitors her neatly written plea: "Please stop hating
us." The camps are normally closed to public scrutiny but Curtin was
opened briefly on Sunday. Media groups had to sign undertakings they would
not interview detainees or take photographs that would identify them.
Detainees at the three biggest camps -- Port Hedland, Curtin and Woomera -- have
staged peaceful breakouts and hunger strikes, sewn their lips together, and
unleashed bursts of violence to protest being held, some fro years, and denied
rights afforded to those refugees who arrive legally. Critics of the camps
protest the outsourcing of their management to the U.S.-owned prison management
firm Australasian Correctional Management, saying it is wrong for a private firm
seeking to seek profit from managing refugees. (Reuters)
Family
Court
Australia
August 26, 2003
The Family Court has freed five young siblings detained for 32 months in
immigration centres, saying they had been exposed to violence and other
inappropriate behaviour. The full bench also questioned the Immigration
Minister's "curious" 13-month campaign to keep them behind wire.
Supporters greeted the two teenage boys and their three young sisters - who will
still be deported to Pakistan - before they were driven out of the Baxter
detention centre at Port Augusta. One of the boys had tried to hang
himself while detained - mostly in now-closed Woomera - while the other had
joined hunger strikes and stitched his lips together, the court heard.
Three judges found overwhelming grounds for the immediate removal of the
children, who cannot be indentified. This overturned an earlier Family
Court ruling and forced the Immigration Minister, Philip Ruddock, to abandon a
trial next month opposing their release. "The minister's interest in
detaining them in unlawful detention seems somewhat curious," the judges
said. "It seems difficult to see how the minister's legitimate
interests could extend beyond ensuring the availability of the children if and
when the time comes to have them removed from Australia." The
children spent their first night of freedom together since arriving by boat in
Australia with their mother in January, 2001. Their father arrived 15
months earlier, claiming to have fled the Taliban in Afghanistan, and lived in
Sydney from August 2000 on a temporary protection visa. But in May 2001
the refugee application by the mother and children was refused on the grounds
they were from Pakistan, not Afghanistan. Waiting on appeals, the father
was re-detained and the two older boys in particular experienced what the full
court described as "violence and other inappropriate behaviour" at
Woomera. The two boys also escaped from Woomera but were returned three weeks
later. (Sidney Morning News)
August 14, 2003
A Family Court justice today appealed to Immigration Minister Philip Ruddock to
show compassion to an Iranian family held in Australian detention centres for
more than two years. Justice Richard Chisholm ruled he did not have the
power to release the parents and three children from detention, despite evidence
of them suffering "highly damaging experiences in their time in
Australia". But the minister did have such power, he said.
"The evidence indicates that they have had terrible experiences in
detention, and they are now in a serious state of mental ill health and
distress," Justice Chisholm said. "For over two years, a large
number of highly qualified medical experts have been urging that they be
released into the community, saying their mental health is at risk unless this
happens. "On any view, this is a serious and worrying case."
The parents and children - girls now aged 19 and 15 and a four-year-old boy -
have appealed against the rejection of their visa applications which
subsequently earmarked them for deportation. They asked the Family Court
to release them on an interim basis into residential housing in Adelaide until
their High Court appeal was decided. "I do not have the power or
jurisdiction to make the orders sought by the applicants," Justice Chisholm
said. "Nevertheless, I hope that now that all the evidence is
available, the minister might give further consideration to whether some
alternative arrangements might be made that would help these unfortunate
children. "The evidence, although untested, strongly suggests that
these children have had highly damaging experiences in their time in
Australia." Justice Chisholm said on evidence presented to him, the
children would benefit from a release into the community but he did not have the
power to do so. "It is within the minister's legal powers to arrange
this," he said. "I express the hope that he will give careful
and compassionate consideration to the urgent needs of this unfortunate
family." The family came to Australian from Iran in December 2000 and
was initially held at the Woomera detention centre in South Australia's north.
The father is now held at the Baxter detention centre, also in SA's north, while
the mother and children are held at a Woomera home detention program. (The
Age)
June 24, 2003
Immigration Minister Philip Ruddock said today he would appeal a Family Court of
Australia ruling that holding children indefinitely in immigration detention was
illegal. He said applications were filed in the Family Court and High
Court yesterday afternoon. "In the event that the Family Court
certificate is not granted then I will pursue the appeal directly in the High
Court," Mr Ruddock said. (The Age)
June 20, 2003
The Family Court has mounted a major challenge to the detention of children
under Australian immigration laws and claimed the right to order their release.
Detaining children under such laws is probably illegal, the court ruled
yesterday in a decision that could affect 108 children now in custody. In
a blow to the Federal Government's detention practices, the court claimed the
right to order the release of children on welfare grounds, saying that its
responsibility for their well-being overrode immigration law. A majority
decision of the full Family Court upheld the appeal of two boys and their three
sisters against an earlier ruling that the court had no jurisdiction over
children in detention. The court ordered that the case of the children - boys
aged 14 and 12 and girls 11, nine and six - be retried urgently. The court
found that the continued detention of the five children, whose whose parents are
also held under immigration law, "raises the very real possibility of these
children spending their entire childhood in detention". "It
seems to us that the Migration Act cannot be interpreted to produce this
effect," Chief Justice Alastair Nicholson and Justice Stephen O'Ryan said.
They added that the detention breached Australia's obligations under UN
conventions and was probably "unlawful". A psychological report
to the court said the children's experiences in detention "have been
superimposed on previous trauma". The children showed "unhappiness and
depression and an undermining of their ability to achieve their developmental
milestones". A spokesman for Immigration Minister Philip Ruddock said
the Government might appeal against the decision. (The Age)
June 20, 2003
The children of asylum seekers should not be kept behind razor wire, Opposition
Leader Simon Crean said today. Mr Crean was commenting after the Family
Court ruled the federal government was acting illegally by indefinitely
detaining children in immigration detention centres. He said although the
court's decision was a preliminary one, children of asylum seekers should not be
held in camps. "I just don't believe kids should be behind razor
wire," Mr Crean told Perth radio 6PR. (The Age)
June 19, 2003
Over 100 child asylum seekers could be released from detention after the Family
Court ruled today that it is unlawful for the Federal Government to detain
children indefinitely. Chief Justice of the Family Court, Justice Alastair
Nicholson, and Justice Stephen O'Ryan made the majority ruling while dealing
with an appeal against another judge's decision that the court had no
jurisdiction over children being held in immigration detention. The judges
agreed that the court's welfare jurisdiction extended to the protection of
children in immigration detention. (The Age)
Fulham
Correctional Centre
Sale, Australia
GEO Group (formerly known as Wackenhut Corrections)
September 11, 2008 The Age
COMPLAINTS about Victoria's private prisons have risen up to fourfold in the
past two years, fuelling concerns by a public sector watchdog about the state's
growing reliance on business to provide government services. State Ombudsman
George Brouwer yesterday tabled his 2007-08 annual report, vowing to shine a
light on the more murky aspects of public-private partnerships and outsourcing
and noting the "high risk" that comes with the blurring of the private and
public sectors. In the report, Mr Brouwer highlights a "growing interdependency"
between government and business, which brings "a high potential for conflict
situations and confusion about the ethical standards required". While issues of
conflicts of interest, poor customer service and failure to fulfil legal
requirements remain his core work, the Ombudsman says public-private contracts
and public sector compliance with the new human rights charter are two new areas
of focus. The 2008 report also shows: ■Overall complaints were up 13% to 16,344
on the previous year. ■Complaints about freedom of information rose by 16%.
■Whistleblower disclosures more than doubled. ■The largest single source (29%)
of complaints related to the Justice Department. ■Local government made up 23%
of complaints and the Department of Human Services 19%. Deputy Ombudsman John
Taylor said his office was concerned that private sector involvement in services
traditionally supplied by government may lead to the erosion of citizens'
rights. He pointed to private prisons, noting 400% and 100% increases in
complaints respectively about Port Phillip prison (rising to 443) and Fulham
prison (129) since the 2006 annual report. While rising complaint figures are
partly explained by the installation of phones for inmates, Mr Taylor described
the increases as "disproportionately high". The emphasis on private contracting
is a wake-up call for a state increasingly reliant on PPPs for services ranging
from jails to water and now schools. Mr Taylor said the Ombudsman's office would
make a point of scrutinising deals with business. "Every time there is a major
contract or outsourcing of what traditionally has been a government function we
have an interest; we want to make sure that the normal rights of a citizen to
complain are retained and that the Government doesn't legislate away the right
of an individual to complain to the Ombudsman." Individual agencies with the
most complaints were VicRoads and Port Phillip Prison. ■The Government is
expected to table legislation tomorrow to toughen rules and guidelines for
councillors, including clarifying confusing laws on conflicts of interest.
July 10, 2008 The Age
Prisoners sparked a fire during a "disturbance'' at a private jail in
south-east Victoria last night. It is understood the fire at the Fulham
Correctional Centre in West Sale was started when disgruntled inmates threw a
mattress over a fridge and set it alight. A Corrections Victoria spokeswoman
confirmed the incident at the Fulham Correctional Centre in West Sale. Nobody
was injured in the incident. "We can confirm there was a disturbance involving a
number of prisoners and we can confirm a fire was set alight,'' the spokeswoman
said. "The staff moved quickly to contain the incident and put out the fire.''
Fulham is a private prison housing up to 785 minimum and medium security
prisoners. It is owned by GEO Group Australia.
September 16, 2007 Sunday Herald
INMATES of Fulham Correctional Centre, near Sale, are receiving personal gym
training and specialised diet advice while in jail. Inmates of Fulham
Correctional Centre are bulking up in a state-of-the-art gym with guidance from
two sport and recreation officers. Prison sources said the officers were
effectively personal trainers, giving inmates a service that would cost a member
of the public up to $8000 a year. The prison has a record of providing perks for
inmates and used to employ a karate sensei to teach martial arts skills. Prison
sources said the $200,000 program saw officers set up training regimes for
prisoners and devise diets to help them achieve maximum bulk. The source said
inmates had access to a spacious cutting-edge gym which is unusual in jails.
"The gym is well equipped with a section for free weights and weight training,"
the source said. "You see all these crooks getting absolutely everything and
they get it all for nothing." The trainers are employed by the GEO Group
Australia, which receives taxpayers' money to run the prison. People Against
Lenient Sentencing president Steve Medcraft slammed the jail's personal
trainers. "Rehabilitation has taken on a new meaning. Life's better inside than
outside," he said. Crime Victims Support Association president Noel McNamara
said: "On the outside world you pay a small fortune to have these sessions," he
said. "To have them free for people who are supposed to be paying their debt to
society is an insult to victims of crime." A Fulham Correctional Centre
spokesman said: "Keeping inmates healthy means they have fewer medical problems
and are a lower cost to taxpayers."
December 22, 2005 The Age
THE murder of a prisoner was "a travesty" that happened at a time of
inadequate supervision and searches at the Fulham Correctional Centre, a coroner
has found. Paul Anthony Shaw, 30, was stabbed to death on November 11, 1999, in
the protection unit at Fulham with a home-made knife known as a "shiv".
Coroner Phillip Byrne found this week that two other prisoners, Benjamin
Kyriacou and Jason Los, were implicated in Shaw's death. Both have already been
tried and acquitted of Shaw's murder. He ruled that there had been a failure of
staff to appreciate impending trouble in the unit, due to an inadequate level of
supervision, surveillance and monitoring. He said the prison's private
operators, Australasian Correctional Management, had inadequately audited
implements such as the broom from which the "shiv" had been made.
"Incarceration obviously represents a loss of liberty. It is a travesty
when it results in a prisoner losing his life," Mr Byrne said.
September 27, 2005 ABC
Unions and management at Fulham Prison near Sale, in south-east Victoria, are
still negotiating to end a dispute over pay and leave which has lead to work
bans. Prison guards are refusing to process new prisoners, escort inmates to
court, or conduct urine tests. They are also refusing to lock or unlock prison
cells unless a supervisor is present. The Industrial Relations Commission (IRC)
has deemed the work bans lawful and has ordered both parties into conciliation.
John Crane from the Community and Public Sector Union says the 12 per cent pay
offer for guards is inadequate. "There are two private prisons in Victoria
- the other private prison gets seven weeks leave per year," he said.
"The workers at Fulham certainly don't get that, so we're hoping to at
least bridge the gap with regard to leave. "If we can't do it with leave,
we'd like to address other components which would address workers'
concerns."
September 26,
2005 The Australian
THE Australian Industrial Relations Commission will today decide if prison
guards at a privately-owned Victorian jail can continue work bans imposed in
support of an enterprise bargaining claim. The prison is operated by the GEO
Group Australia at Sale, 200 km east of Melbourne. The prison workers, members
of the Community and Public Sector Union (CPSU), have been pushing for better
wages and conditions in enterprise bargaining negotiations since March, union
organiser John Crane said. Their log of claims before the AIRC includes a call
for seven weeks of annual leave, up from five weeks, to match warders at other
private jails in Victoria, he said. Work bans have been in place for some time
but were escalated on Thursday last week to include bans on overtime, paperwork
and higher duties. Mr Crane said the company moved to terminate the bargaining
period when the new bans were introduced. The AIRC will rule on that issue
today, he said.
September 12, 2005 ABC
Gippsland
Prison guards at the Fulham Correctional Centre near Sale have stepped up
industrial action after failed negotiations last week. The US company running
Fulham, GEO, has offered guards the 12 per cent pay rise they want, but will not
pay them two weeks extra annual leave. Stage two work bans are now in force that
include bans on prison programs and some escorts and urine sample collections.
"I'm not really sure what the public sector is paying and getting, we do
have an annualised salary for our staff, it's been negotiated with staff and
finalised through the CPSU [Community and Public Sector Union] over two previous
EBA [enterprise bargaining agreement] processes and negotiations so we'd like to
look at Fulham as a stand-alone business in a sense, we don't really compare
ourselves with the public sector," he said. The CPSU has taken a swipe at
the State Government for letting private companies run correctional facilities.
The union's John Crane says guards get paid up to 40 per cent less than those in
the public system. Mr Crane also says the Government has not honoured the
promise of its last Corrections Minister. "Andre Haermeyer, stood out the
front of the Fulham Correctional Centre and made a promise that the Labor
Government would no longer continue to support private prisons, and made a
commitment that prisons are the responsibility, for their operation, within
government - now the Government have sat on their hands," he said.
May 5, 2005 Herald
Sun
VICTORIA Police are hunting an escapee from a private prison in eastern
Victoria. Saim Yalniz, 44, was last seen at the privately run Fulham Corrections
Centre, west of Sale, between 6pm (AEST) and 9.10pm yesterday, police said. He
was discovered missing by prison officers when he failed to attend the 9pm
muster at the prison.
May 27, 2003
The operation of the Fulham prison in Sale will be investigated following
allegations of mismanagement levelled against its private operator, Australasian
Correctional Management. State Corrections Minister Andre Haermeyer has
asked the Justice Department for probity checks on the Fulham Correctional
Centre. The move follows allegations raised last week about ACM's management of
the now-closed Woomera asylum-seeker detention centre in South Australia.
Federal Immigration Minister Philip Ruddock has instructed his department to
investigate allegations made by former Woomera staff that ACM defrauded the
Government of millions of dollars by misrepresenting staff levels and health and
education programs provided to detainees. ACM has denied the charges. (The
Age)
May 15, 2001
Victorian prison managers have rejected claims that inmates are being subjected
to illegal daily body searches. The claims were made by prisoners at the
privately run Port Philip and Fulham jails. John Myers, the general
manager of Australasian Correctional Management, which also runs the Fulham
prison at Sale, says the allegation about cavity searches is wrong.
"Searching is an important aspect of any prison operation." (ABC
News)
Group 4 Securicor (formerly Global
Solutions)
November 6, 2009 West Australia Today
The ongoing contract with a private prison transport company responsible for
the death of an Aboriginal elder in January last year has sparked legal
retaliation. The Deaths in Custody Watch Committee has told radio 6PR that it
was seeking independent legal advice to appeal the decision to keep the
$25million a year contract between the State Government and contractor G4S. The
State Coroner found that the company was responsible for the death of
46-year-old Mr Ward, who had been arrested for drink driving and was being
transported 350kms to a Kalgoorlie Court when he suffered heat stroke from the
50C heat inside the unairconditioned truck. "It is outrageous and unimaginable
that they [G4S] could continue their contract. They have been responsible for
six deaths in Australia in less than nine years," committee spokesman Mark
Newhouse said. He said the company, under its current terms, could still be
responsible for two more deaths in custody and not have its contract terminated
before it expired in 2011. "What is even more concerning is that in one
incident, if there are four to five deaths, that is not considered a breach of
contract, which is outrageous," he said. The group is also planning on mounting
a public campaign to improve proper approvals for public contracts and improving
the monitoring of those being transported while in custody. Mr Newhouse said
there had been no evidence from the company that any improvements had been made.
G4S have refused to comment on the grounds that it was a confidential contract.
The Attorney General Christian Porter was also unavailable for comment.
September 30, 2009 ABC
The West Australian Government has officially responded to the coroner's
findings in the case of Mr Ward, who died of heatstroke in a prisoner transport
vehicle. The coroner said the Aboriginal elder's death in searing desert heat
was a disgrace, as the van was "not fit for humans". But the Government has
decided not terminate the contract of the private company which transported Mr
Ward. The Government says it supports all of the coroner's recommendations -
some of which have already been acted on. But the full response has come three
months after the coroner handed down his findings, and 20 months since the
tragedy occurred. The Government agrees there should be more training and
monitoring of staff, and there should not be transportation of prisoners over
long distances. But the Attorney-General Christian Porter says the contract with
private operators G4S is likely to continue. Mr Porter has suggested the company
may have to pay a penalty. "The penalties that you've spoken of, for a death for
instance, I understand are $100,000 which seems to me to be ridiculous in the
scope of what occurred here," he said. "But again, the question about
termination is very unfortunately a question about the legality of being able to
terminate under the terms of the present contract." The coroner called for the
prisoner transport fleet to be completely replaced. This will not happen until
the end of next year. Mr Porter says responsibility for transporting prisoners
could be brought back to the public sector. "The final decision as to whether or
not this service will be public or private has not yet been made but I can say
that if a determination is made to keep this service in the private sector, the
contract that governs the process will be a completely different type of
contract to the one that presently exists," he said. The Deaths In Custody Watch
Committee says Group 4 and GSL staff have contributed to the deaths of six
people in Australia. The committee's Marc Newhouse says the contract should have
been terminated. "We're completely outraged that the contract with G4S - he
hasn't announced the termination of it, it has to be terminated," he said.
"They've been subject to critical reports by the Australian Human Rights
Commission. This company is not fit to operate in this country and they should
be terminated." Noongar elder Ben Taylor says he believes racism in the system
is causing Aboriginal people to suffer. "There's a lotta racism there and the
only ones who're gonna suffer are my people, Aboriginal people," he said. "This
is got to go wider, and I'm on the Watch Committee with Marc and we're going to
keep hanging on here because there's more lives that are going to be taken, and
that's going to be blackfellas, Aboriginal people, my people, and that's the
full stop." Mr Newhouse says the committee had also called for a speedier
response in the wake of a death in custody. "That the Coroner's Act is amended
in line with the Royal Commission into Aboriginal Deaths in Custody
recommendations, that a system of mandatory reporting be put in place so that
government and other relevant bodies have to report within a certain time
frame," he said. "The point of it is to save lives and to prevent lives being
lost." But Mr Porter says the Labor state government should have ended the
contract with the company. But the Opposition Leader Eric Ripper says there were
other considerations. "You can't just terminate a contract without there being
financial consequences for taxpayers and the government does have a
responsibility to both protect prisoners and the interests of taxpayers," he
said. "That's why this matter needs careful examination rather than a kneejerk
reaction."
September 16, 2009 The West Australian
The prison watchdog’s powers will be expanded to allow him to audit individual
cases as part of the Government’s response to a coronial inquiry into the death
of an Aboriginal elder in the back of a transport van. A legislative package to
be announced by Attorney-General Christian Porter this morning will strengthen
the powers of the Inspector of Custodial Services in line with recommendations
of State Coroner Alastair Hope. The laws will include giving him the power to
issue "show cause" notices which require a response from the department of
Corrective Services. Mr Hope delivered a damning report in June which found the
Department of Corrective Services, prisoner transport company G4S, formerly
known as Global Solutions Limited, and the two guards who drove the van had all
contributed to Mr Ward’s death. Mr Porter said the Government would not support
the Opposition’s proposed legislation on the recommendations, which is scheduled
to be debated in State Parliament this afternoon. He said the Labor Bill was
flawed and the Government’s legislative package would go further than the
Coroner’s recommendations, giving Inspector Neil Morgan the power to carry out
individual audits the treatment of up to about 40 prisoners each year. Mr Porter
said he would be seeking Cabinet approval for more money to provide extra staff
to conduct the audits. Today’s debate on the powers of the inspector coincides
with a "day of action" organised by the Deaths in Custody Watch Committee, which
is calling on the Government to respond to the Coroner’s report on Mr Ward’s
death.
July 2, 2009 WA Today
The Director of Public Prosecutions has begun his inquiries into the death of an
Aboriginal elder in the back of a prison van, giving his family and supporters
hope that charges could be laid. The victim was 46-year-old Warburton man Mr
Ward, who was effectively roasted in the van during a four-hour journey between
Laverton and Kalgoorlie in January last year. A coronial inquest found Mr Ward's
death was "wholly avoidable", and State Coroner Alistair Hope recommended
charges should be laid over the incident. The inquest was told that Mr Ward -
whose first name cannot be published because of cultural reasons - had endured
temperatures in excess of 50 degrees in the pod of the van. Mr Hope found
"inhumane treatment'' led to the elder's death and said the company involved,
Global Solutions Ltd (GSL), its two guards Nina Stokoe and Graham Powell, and
the Department of Corrective Services had all contributed to Mr Ward's "terrible
death''. Today, DPP Robert Cock QC met with two detective sergeants from the
Major Crime Squad about the "horrendous" incident and said he had asked them to
conduct further inquiries into the man's death. Mr Cock has also been in touch
with the Coroner's Court and asked for further information. His spokeswoman said
once he gathered all the information, he would then be in a position to decide
if charges should be laid. "I don't know how long the garnering of all the
information I require will take," Mr Cock said. "But as soon as I have it all, I
will make a decision about charges."
June 23, 2009 The West
The West Australian government is reviewing the contract of a security
company involved in the death in custody of an Aboriginal elder, Premier Colin
Barnett says. Global Solutions, which was acquired by UK-based security services
giant G4S last year, provided security for government groups including the
Department of Immigration and the WA Department of Corrective Services. GSL
employed two guards to transport the elder, 46-year-old Mr Ward, who died in the
back of a prison van on a four-hour journey across the WA goldfields in January
2008. Mr Ward, whose first name cannot be released for cultural reasons, was
being taken from Laverton to Kalgoorlie to face a drink-driving charge. He died
of heat stroke after suffering temperatures of 50C in the rear pod of a van
driven by the guards, Nina Stokoe and Graham Powell. Earlier this month, WA
coroner Alistair Hope apportioned blame for the “wholly avoidable” death among
the guards, GSL and the WA Department of Corrective Services. The Director of
Public Prosecutions is considering whether charges should be laid over the
matter. Mr Barnett said today that G4S would be scrutinised before their
government contract was renewed. “It is an absolute tragedy that a prisoner in
the care of the state could end up dying in that condition,” Mr Barnett said.
“The coroner’s reported, the attorney-general is dealing with that issue, and we
will certainly look at the contract and the performance, and ensure that it is
never repeated in Western Australia again.” The transport tender for corrective
services is due to come up next year. Mr Barnett said G4S would be judged on
their performance. “I’m not involved directly in the administration of that
contract, but I assure you we will leave no stone unturned to ensure that future
prisoners are treated with respect and safely,“ he said. “It would be quite
inappropriate for me to comment on a tender process, but obviously their
performance will be one of the factors that will be taken into account when that
future tender is awarded.”
June 23, 2009 Brisbane Times
A sacked security guard has offered her apologies to the family of an Aboriginal
elder who died in custody, while the West Australian government says it's
reviewing her former employer's contract. Nina Stokoe, one of two guards who had
charge of the man when he died of heatstroke in the back of a secure van during
a 360km drive, accused authorities of providing inadequate vehicles to transport
prisoners. Security giant G4S last week sacked Ms Stokoe and the other guard,
Graham Powell, claiming the pair failed to follow directions to check on
prisoners every two hours during the fatal four-hour journey. Mr Ward, whose
first name cannot be released for cultural reasons, died after suffering
temperatures of 50 degrees Celsius in the rear of the privately operated van
which had no air-conditioning. He was being taken from Laverton to Kalgoorlie on
January 27 last year to face charges of drink-driving. WA coroner Alastair Hope,
who in his findings said Mr Ward had suffered "inhumane treatment", has asked
the director of public prosecutions to consider laying charges over the
incident. Mr Hope found that Ms Stokoe, Mr Powell, Global Solutions Ltd (since
acquired by G4S) and the Department of Corrective Services had all contributed
to Mr Ward's "terrible death". Ms Stokoe on Tuesday broke her silence in an
interview with the Nine Network, saying she is distraught over Mr Ward's death.
In excerpts aired on Fairfax Radio on Tuesday, Ms Stokoe broke down while
offering an apology to Mr Ward's family. "I am very sorry that it's happened and
I can understand how they feel," she said. "I only wish that it never happened
and that he was still around. "I am so sorry that it happened. "Mr Ward will
always be on my mind, always, he will never go away." Mr Stokoe said guards
endured terrible conditions in the vans supplied by authorities but were afraid
of complaining lest they lose their shifts. She accepted her part in Mr Ward's
death but said the prison vans were "untrustworthy". "(We've) probably been
scapegoats, but at the end of the day we were the ones that were driving the
vehicle," she said. "We had no choice what vehicle to drive. "At the end of the
day, every day in Kalgoorlie when we drove out to pick up prisoners it's pot
luck. "There's many times we have been sat by the side of the road broken down.
"Sometimes 15, 20-odd hours those vehicles have been stuck out in the middle of
nowhere, broken down, with prisoners on board and without prisoners on board.
"Those vehicles were untrustworthy." WA Premier Colin Barnett said the
government was reviewing G4S' contract. "It is an absolute tragedy that a
prisoner in the care of the state could end up dying in that condition," Mr
Barnett said on Tuesday. "The coroner's reported, the attorney-general is
dealing with that issue, and we will certainly look at the contract and the
performance, and ensure that it is never repeated in Western Australia again."
The transport tender for corrective services is due to come up next year.
June 19, 2009 Brisbane Times
Two security guards who had charge of a prison van in which an Aboriginal
elder died of heat stroke have been sacked, their employer says. UK-based
security services giant G4S said on Friday it had terminated the employment of
the two guards, Nina Stokoe and Graham Powell, following the completion of a
coroner's hearing into the man's death. West Australian Coroner Alastair Hope
last Friday delivered a finding that the man, known only as Mr Ward for cultural
reasons, had died of heat stroke. He said he had suffered through temperatures
of 50 degrees Celsius in the un-airconditioned pod of a van during a 360km
journey between Laverton and Kalgoorlie on January 27 last year. Mr Hope
apportioned blame for Mr Ward's death between Ms Stokoe and Mr Powell, the
private company Global Solutions Ltd (GSL), which has since been acquired by
G4S, and the WA Department of Corrective Services. G4S Public affairs director
Tim Hall said Ms Stokoe and Mr Powell had disregarded orders to check on
prisoners at least once every two hours. But he said their dismissal was a
result of the Department of Corrective Services withdrawing their work permits
on Monday. "The withdrawal of their work permits effectively made any other
considerations unnecessary," Mr Hall told AAP on Friday. Mr Hope has asked the
Director of Public Prosecutions to consider whether charges should be laid over
the incident.
June 15, 2009 Four Corners
The company linked to the death of Mr Ward was the subject of a damning report
in 2005. An investigation by the ABC's Four Corners program found GSL (now G4S)
was the subject of a damning report, published in 2005, by Queensland officials
regarding the transportation of immigration detainees in 2004. In that incident,
none of the detainees was given food during a seven-hour leg of a lengthy trip
from Melbourne to South Australia, and only two were given water. The man who
wrote the report, the former head of Queensland's corrective services, Keith
Hamburger, says he is concerned about the issues raised by the subsequent death
of Mr Ward in Western Australia. The Human Rights Commission later found that
one of the detainees was so thirsty that he was forced to drink his own urine.
Last week the state's coroner found Mr Ward had died of heat stroke after being
carted through the desert in 40 degree-plus heat in a prisoner transport van
that had faulty air conditioning. The Aboriginal elder, who had been arrested
for drink driving, was found with a third-degree burn on his stomach where his
body had come into contact with the van's floor. The coroner found the private
security guards who drove the van, the company which employed them, GSL, and the
WA Department of Corrective Services all contributed to his death. "The
criticism of the company related to our procedures and processes," GSL spokesman
Tim Hall has told ABC radio. "We accept that there was some ground for
criticism." However it is not the first time GSL's procedures have been
criticised. Mr Hamburger's findings were equally damning. He found GSL was
"responsible for placing the safety of detainees at risk", "humiliating" them,
and "disregarding appeals for assistance from detainees in obvious distress".
The guards had driven the first leg of the journey to South Australia non-stop
for seven hours. None of the detainees was given food, and only two were given
water. "I felt quite appalled actually," Mr Hamburger told Four Corners. "I sat
in the van. I talked to the staff that did the escort. I saw the CCTV footage. I
was very shocked by the whole thing." One of the asylum seekers, now settled in
Australia, describes for the first time the journey he endured. "People was in
the back shouting and crying and I was banging as well because I needed to go to
the toilet," he said. "And they didn't stop for anything. And I have to do it in
the car." 'Great concern' -- One year after the Hamburger report was released,
the WA government gave the contract for prisoner transport in the state to GSL.
"If these issues are being repeated that's a matter of great concern, because
this is not rocket science," Mr Hamburger said. "We're dealing here with, as
I've said, duty of care. "We've had many years of experience across the board in
corrections and detention and police in dealing with these situations. "There's
a whole body of evidence around I guess on how to do these things, and so it is
concerning. "They should know better."
June 13, 2009 Perth Now
ONE of two guards suspended over the death of an Aboriginal elder in a
prisoner transport van, says she has been ''gagged'' from talking about the
tragedy. On Friday, State Coroner Alastair Hope recommended Director of Public
Prosecutions Robert Cock consider criminal charges over the "unnecessary and
wholly avoidable death'' of Mr Ward, 46, who died on January 27 last year.
Officers Nina Stokoe and Graham Powell drove the Warbuton elder, whose first
name cannot be released for cultural reasons, for the 352km Outback journey
between the Goldfields towns of Laverton to Kalgoorlie. In his stinging finding,
Mr Hope said Mr Ward died when temperatures rose to 50C in the pod of the
commercially owned van which had no air-conditioning and little-to-no air flow.
Contracted transport company, G4S, formally known as Global Solutions Ltd, stood
down Ms Stokoe and Mr Powell on Friday. "The two employees have been suspended
and the findings of the coroner, the coroner's report and recommendations will
be considered carefully and it will then be decided what the next step should
be,'' G4S spokesman Tim Hall told ABC radio yesterday. Ms Stokoe declined to
comment on her suspension, saying: "I can't talk about anything, I would like
to, but I can't''. Mr Ward's family is planning to sue G4S, which runs other
custodial services including court security, over the tragedy. Prison Officer's
Union secretary John Welch said the inquest had raised questions about the
privatisation of custodial services in WA. Mr Welch said he feared G4S would be
allowed to be apply for the contract to run the recently announced Eastern
Goldfields prison which was scheduled for completion by the end of 2013. "You
wonder why, in the light apparent failures of privatisation, you would want to
even consider looking at having at private provider in the Goldfields,'' Mr
Welch said. A spokeswoman for Attorney-General Christian Porter said no decision
had been made on whether the prison would be public or private, and any
discussion on the potential awarding of a private contract was speculative.
Deaths in Custody Watch Committee chair Marc Newhouse said another public
protest was planned for the city on Saturday to lobby the State Government for
improvements.
June 12, 2009 WA Today
A man died a "terrible death" in the back of a prison van where temperatures
reached 50 degrees celsius, the West Australian coroner has found. Coroner
Alistair Hope, in his findings handed down on Friday, said the 46-year-old
Aboriginal man's death had been "wholly unnecessary and avoidable". Mr Ward,
whose first name cannot be released for cultural reasons, died while being
transferred 350km from Laverton to Kalgoorlie in a transit van on January 27,
after being picked up for drink-driving on Australia Day. The air-conditioning
unit inside the prisoner's compartment of the commercially operated van was not
working and the coroner was told Mr Ward would have suffered through
temperatures of 50 degrees before his death. He received third-degree burns
where his body came into contact with the metal floor in the back of the Global
Solutions Ltd (GSL) vehicle. Mr Hope found Mr Ward, of the Goldfields town of
Warburton, died of heat stroke. He said his death was the result of a "litany of
errors" and accused the prison van drivers of collusion and giving false
evidence. He said the fact the prison van did not have a spare tyre was an
indication of GSL's "reckless approach". It was a disgrace that a prisoner yet
to be convicted was transported such a distance in the oven-hot conditions, Mr
Hope said. The prisoner's compartment had little light, no restraints to protect
the person inside if the van was involved in an accident, had little air flow
and the fan did not work when tested, Mr Hope added. There was no proper method
for a prisoner to communicate with the drivers, he said. About 40 protesters
demonstrated outside Perth's Central Law Courts, where the coroner delivered his
findings. Amnesty International called it "a disgrace that a prisoner should be
transported in this way in the 21st century".
May 16, 2009 The West
He literally cooked to death. Trapped in a prison van for four hours,
suffocated by temperatures that climbed to more than 50C, the Aboriginal elder
had no way to communicate with security officers sitting just a metre away, in
the airconditioned cab. His only sustenance was a small bottle of water and a
meat pie. When he finally collapsed on the van floor, the metal was so hot it
seared his skin. Yesterday, Corrective Services Commissioner Ian Johnson
travelled to Kalgoorlie to publicly apologise to Mr Ward’s family, accepting
responsibility for the 46-year-old’s death in January last year. It was a
dramatic end to a coronial inquest that has revealed a litany of failures in the
justice and custodial systems in WA’s outback. Widow Nancy Ward and her children
will return to Laverton next week after sitting quietly and with dignity
throughout the case, which has attracted the attention of the United Nations and
the Australian Human Rights Commission. Mr Ward, a conservation worker, a
supporter and interpreter for local police and an advocate and educator for
children of the Gibson Desert, was an international ambassador for the
Ngaanyatjarra people. His family say he was treated like an animal. Mr Ward had
been drinking on Australia Day last year in the remote Goldfields town of
Laverton when he was arrested for driving with more than four times the legal
alcohol limit. Conducting a quasi-court hearing for Mr Ward at his cell door at
the local police station, justice of the peace Barrye Thompson remanded him in
custody to face court in Kalgoorlie the following day. Mr Thompson told the
inquest he had no formal training when appointed as a JP and could not even
remember whether he had read the Bail Act. The Aboriginal Legal Service was not
contacted. Guards and police officers testified the prison vans used by Global
Solutions Limited and maintained by the State were notoriously unreliable,
sub-standard and the air-conditioning was often faulty. GSL’s supervisor in
Kalgoorlie, Leanne Jenkins, had warned her management an incident would occur
unless the vehicles were replaced. At 11.20am, the GSL prison van pulled into a
secure area at Laverton police station where the guards were told they would
have a trouble-free passenger. Mr Ward made a comment about the warm day and a
guard told him “the quicker he got into the van, the quicker the
air-conditioning would kick in”. But the air-conditioning did not work: it had
been reported faulty in the GSL maintenance log more than a month earlier.
Before making the continuous 360km journey to Kalgoorlie, the guards did not
tell Mr Ward there was a duress alarm in the back of the van in case he needed
help. Towards the end of the trip, they heard a loud thump. Pulling over on to
the side of the road and opening the outer door of the van, the guards felt the
heat radiating from the rear pod and they saw Mr Ward face-down on the van floor
— unconscious and unresponsive. Reaching into the back of the van felt like a
“blast from a furnace”, according to Dr Lucien LaGrange, who assisted in
removing Mr Ward’s lifeless body at Kalgoorlie Hospital. Doctors found
full-thickness contact burns on his stomach and tried for 20 minutes to
resuscitate Mr Ward, whose skin felt like a “hot cup of coffee”. They managed to
get a brief return of a heartbeat, but after putting him in an ice bath, his
body temperature was still 41.7C. Coroner Alastair Hope is due to deliver his
findings on June 12. For now, the Ward family will have to return to a community
missing a leader. It is little comfort to them that money was allocated in this
week’s State Budget to replace the fleet of transport vans — four years after
the Department for Corrective Services undertook to do so. “I am sorry,” Mr
Johnson told Mrs Ward yesterday. “I have a deep regret but no matter what I say,
it’s not going to change what happened.”
May 14, 2009 The West
More than 30 family members and supporters of Mr Ward, an Aboriginal elder
who had a fatal heatstroke in the back of a prison van, gathered outside the
Kalgoorlie Courthouse yesterday to call for those responsible for his death to
face tribal punishment. Mr Ward’s widow Nancy and his four sons were among those
who wailed in grief as they demanded justice and answers to why the Warburton
elder died in such horrific circumstances. The family’s interpreter and
relative, Gail Jamieson, said that under traditional law, anyone found culpable
of the death should be speared. “The family is just devastated,” she said. “He
was treated with no respect and he was a well-respected, outstanding elder. If
they were in an Aboriginal culture, they would be speared because us Aboriginal
people are also going through two cultures.” The inquest was told no
disciplinary action was taken against the two GSL officers responsible for
transporting Mr Ward on the day he died. Mr Ward died after a four-hour journey
in a GSL prison van from Laverton to Kalgoorlie on January 27 last year when
temperatures reached 42C. Global Solutions Limited general manager John Hughes
said security officers Nina Stokoe and Graham Powell were stood down on full pay
and were reinstated when an internal investigation found they had not violated
company policies or procedures. Questioned by the family’s barrister Michael
Rynne, Mr Hughes said any reinvestigation would depend on Coroner Alastair
Hope’s findings. GSL’s multi-million-dollar contract could require it to pay a
penalty of 4.5 per cent of its value if found to have failed in its duty of
care. Mr Hughes said he understood GSL’s obligations included ensuring officers
minimised hardship to detainees, conducting regular checks to ensure their
safety, security and health and preventing injury. The inquest concludes today.
March 21, 2009 The West
The security guard who drove the van in which an Aboriginal elder died of
heat stroke has admitted he should take responsibility for the death. Testifying
for a second day at the inquest into the death of 46-year-old Mr Ward, Global
Solutions Limited driver Graham Powell said yesterday he regretted how Mr Ward
died. “In hindsight, if I had to do that journey again, I would certainly be
doing it a lot differently,” he said. He agreed with lawyer assisting the
coroner, Felicity Zempilas, it was inhumane to transport prisoners in the rear
pod of the van over long distances and that the vans were “certainly not
designed for that”. Coroner Alastair Hope told Mr Powell he was “troubled” over
his evidence about phone calls made after Mr Ward collapsed. Mr Hope said a
delay of two minutes between calls was a long time in an emergency. To questions
from his counsel Linda Black, Mr Powell said he should have checked the
airconditioning, made comfort stops and told Mr Ward explicitly how to
communicate with the officers if he was in distress. The inquest has heard Mr
Powell and colleague Nina Stokoe did not stop during the four hours they had Mr
Ward in the van in mid-40C heat while driving from Laverton to Kalgoorlie in
January last year. Mr Ward suffered a full-thickness hand-size burn on his
stomach from a hot metal surface inside the van. Senior chemist David Tranthim-Fryer
said the prison van temperature would have been above 50C. Evidence from a
police re-enactment he helped with revealed the van floor reached 56C and the
air temperature at least 50C on a slightly cooler day. The temperature would
have been hotter with a person inside because there would have been another heat
source. “We opened the back doors and could feel the heat coming out of the
pods. The hot air affects you more than anything else,” Mr Tranthim-Fryer said.
Mr Ward’s body temperature was 41.7C after 20 minutes of resuscitation in an ice
bath while being fanned. The van’s rear-pod airconditioning was not working, a
fault noted in the GSL maintenance log more than a month before Mr Ward’s death.
Mr Powell said he did not check the airconditioning in the pod despite knowing
it had a history of faults. He had assumed Ms Stokoe checked it. Mr Hope has
heard evidence from witnesses, including GSL’s Kalgoorlie supervisor Leanne
Jenkins, who spoke of substandard “unreliable” prison vans which were not
suitable for long distance travel. The inquest did not finish within the
two-week timeframe and Mr Hope adjourned it until May 11. Outside, Mr Ward’s
cousin Bernard Newberry said his family wanted those responsible charged. The
family has asked that Mr Ward’s first name not be used.
March 20, 2009 The West Australian
The guard responsible for transporting an Aboriginal elder who died in
custody was previously demoted for breaching procedures and compromising
prisoner safety. Giving evidence at a coronial inquest into the death of
46-yearold Mr Ward, Global Solutions Limited security officer Graham Powell said
he had been stood down as a supervisor because he breached the company’s
policies and procedures. The inquest in Kalgoorlie was told Mr Powell was stood
down from GSL for six months in January 2007 because he compromised prisoner
security when he failed to ensure prisoners were loaded into a prison van in a
secure area. He also breached procedure by smoking in prison vans and allowing
staff and prisoners to smoke in cells. Mr Ward’s relatives travelled from around
the State to attend the inquest yesterday. Mr Ward’s widow Nancy cried when Mr
Powell told how he and fellow security officer Nina Stokoe heard a “loud thud”
when Mr Ward collapsed in the back of a prison van. Mr Ward died of heatstroke
after collapsing in the back of the GSL prison van during a fourhour, non-stop
journey from Laverton to Kalgoorlie-Boulder on January 27 last year. Mr Powell
said when he arrived at the hospital he checked the airconditioning in the rear
pod of the prison van. “I put my arm inside the prisoner compartment and it
appeared to me there was no air coming out the vents,” he told State Coroner
Alastair Hope. Mr Powell said he had not checked the prison van’s
air-conditioning before leaving for Laverton because it had not been included on
a vehicle inspection check sheet. He agreed with Mr Hope that it was highly
dangerous not to check the air-conditioning before transporting prisoners.
March 18, 2009 Perth Now
TWO guards responsible for transporting an Aboriginal elder 352km across the
West Australian outback joked about how he must have been "freezing his balls
off" hours before he died of heatstroke in the back of a corrective services
van, an inquest has been told. Giving evidence via video link yesterday, Global
Solutions Ltd officer Nina Stokoe said she did not check that the
air-conditioning in the back of the corrective services van in which the
prisoner died was working - even though it had been faulty and the outside
temperature had soared to 42C - because it was not part of procedure. Ms Stokoe
said she assumed the air-conditioning was working in the rear because there was
no problem with the air-conditioning in the front cab and Ward, whose family
does not want his last name published for cultural reasons, would have banged on
the side of the van if there was a problem. According to Ms Stokoe, during
previous trips, other prisoners often complained that the air-conditioning was
too cold, and she and fellow officer Graham Powell joked that, while they were
too hot, Ward would be the opposite. "I had a joke with Graham," she told the
inquest into Ward's death. "(I said) I bet he's freezing his balls off while
we're sitting here stinking hot." Coroner Alastair Hope asked whether it would
have been prudent to check the air-conditioning on such a hot day when it had
been known to break down and Ward was in a section of the van with only metal
seats. "It (the air-conditioning) wasn't on the check list ... I wouldn't know
how to check it," Ms Stokoe replied. Ward died on January 27 last year after
attempts to revive him were unsuccessful. He was being transferred from Laverton
to prison in Kalgoorlie after being arrested for drink driving on Australia Day.
Mr Hope was yesterday also told how the Kalgoorlie-based supervisor for GSL,
Leanne Jenkins, warned her superiors just four months before Ward's death that
someone would "eventually die" if the company's outdated and poorly maintained
vans were not replaced. Ms Jenkins said the only response she received was that
any vehicles in need of repairs should not be driven. She said the two vans
based at Kalgoorlie always had problems and were not suitable for long trips. Ms
Stokoe and Mr Powell made no stops on the 3 1/2-hour journey until they heard a
thud in the back of the van when they were just outside Kalgoorlie. When they
pulled over to check on Ward, Ms Stokoe said, they did not open the van's back
doors completely because it was not procedure and Ward might have been trying to
escape. "If he was mucking around and it was an escape attempt, we would look
like idiots," she said. After realising he only had a faint pulse, the officers
rushed Ward to hospital. The inquest continues today.
March 17, 2009 Perth Now
AN Aboriginal elder who died in the back of a prison van arrived at hospital,
unconscious and with third-degree burns, an inquest has heard. Lucien LaGrange,
who was working in the emergency department of Kalgoorlie Regional Hospital when
Ward arrived in the non-airconditioned van, said a blast of hot air hit him when
he opened the back of the vehicle. Respected elder Ward - whose family does not
want his first name mentioned for cultural reasons - did not appear to be
breathing. "It was like a blast from a furnace - it was extremely hot," Dr
LaGrange told Coroner Alastair Hope. "I was struck by how wet and slippery he
was. It was almost like he had been coated in soap - he just slid." Dr LaGrange
said that despite medical staff placing ice over Ward's body, his body
temperature was 41.7C. That day, January 27 last year, the outside temperature
climbed to 42C. After many resuscitation attempts, Ward was declared dead about
90 minutes after arriving at the hospital. Ward was being transported 352km from
Laverton to Goldfields Regional Prison in Kalgoorlie after being charged with
drink-driving on Australia Day. The inquest was told that the company
responsible for transporting Ward, Global Solutions Ltd, raised concerns with
the West Australian Government about the poor state of its vans before Ward's
death, but was told no new vehicles were available. Under a multi-million-dollar
contract, GSL is responsible for transporting prisoners, while the Department of
Corrective Services is responsible for maintaining the fleet of vehicles. Former
GSL employee Thomas Akatsa told the hearing that after the company failed to
secure new vans from the Government, he raised concerns with the company's
supervisors, including airconditioning faults and overheating, but was told not
to talk about it. Mr Akatsa said the vans used to transport prisoners were
sub-standard, did not contain toilets and were not suitable for travelling long
distances. Despite regular problems with airconditioning in the back of the
vans, Mr Akatsa said there was no requirement for staff to check the
airconditioning was working. He said that while he always did check, not all
officers did, including one of the officers who transported Ward on that day,
Graham Powell. The inquest heard that Mr Powell, who is to give evidence today,
had been demoted from a supervisor to a driver before the death. One of his
colleagues at the time, Lynette Corcoran-Sugars, testified that she requested
not to work with Mr Powell, accusing him of breaching procedures and
inappropriately using constraints on prisoners. Ms Corcoran-Sugars and Mr Akatsa
said that when they transported prisoners from Laverton to Kalgoorlie, they made
at least one stop and offered prisoners water, food and a toilet break. The
inquest has heard that no stops were made during Ward's journey and that he was
given only a 600ml bottle of water and a pie before leaving Laverton. Questions
were raised about whether Ward should even have been in custody, with barrister
Lachlan Carter for the Aboriginal Legal Service claiming a proper bail hearing,
as defined by the act, did not take place. The inquest heard that GSL's motto
was "safety first". Mr Hope questioned how this could be the case when the
company allowed staff to transport prisoners in vehicles that did not have a
usable spare tyre. The inquest continues today.
March 12, 2009 ABC
A coronial inquest into the death in custody of an Aboriginal elder from the
Central Desert will resume today in Kalgoorlie, in south-eastern Western
Australia . Mr Ward died in Kalgoorlie hospital in January last year after being
transferred in the back of a prison van from Laverton. Temperatures on the day
were mid-40 degrees Celsius and the journey lasted for four hours. In Warburton
earlier this week, the inquest heard the airconditioning in the back of the van
was not working and that Mr Ward died of heatstroke. Mr Ward's family testified
he was a hard working and respected elder. The inquiry will today hear from
police officers who arrested Mr Ward for drink driving and officers from the
private transport company Global Solutions Limited which transported him to
Kalgoorlie.
March 13, 2008 The Age
A NIGERIAN man who twice resorted to drinking his urine during a nightmarish
seven-hour transfer to Baxter detention centre without food or water will be
given $20,000 compensation. Four others who endured the trip in the back of the
van with him will also be compensated after the Human Rights and Equal
Opportunity Commission found they had been subjected to "degrading treatment".
The five detainees, whose plight was revealed in The Age, were taken from
Maribyrnong in Melbourne to Baxter on September 17, 2004 by guards from GSL, the
company that runs Australia's detention centres. A report by commission
president John von Doussa found the van did not stop for any breaks in the seven
hours from Melbourne to Mildura, breaching the detainees' human rights. The
report said the drivers ignored signs that the detainees needed toilet stops,
having watched them urinate on closed-circuit camera, and disregarded their
banging on the walls. Nigerian man Austin Okoye, 26, suffered the "additional
indignity" of twice drinking his urine to relieve his "excessive thirst", the
report said. GSL guards were also accused of using excessive force in removing
53-year-old Vietnamese detainee Huong Hai Nguyen from his dormitory at
Maribyrnong for the trip. The Immigration Department initially denied Mr
Nguyen's allegations. But the department referred the case to the commission
after receiving a second complaint from Mr Okoye. In July 2005, Immigration
Department secretary Andrew Metcalfe said GSL would be fined $500,000 after the
independent report substantiated most of the allegations. Yesterday Mr Metcalfe
said GSL would also pay the compensation. "These people were mistreated and they
deserve to be compensated," he said. The report said Mr Okoye and Mr Nguyen
should get $20,000 each, and the others $15,000. GSL spokesman Tim Hall said the
company did not accept the claims about Mr Okoye being forced to drink his
urine. But he said GSL endorsed the rest of the report and the Commonwealth
would be fully indemnified. The report urged the Government to locate the
victims as soon as possible (three of them, including Mr Nguyen and Mr Okoye,
have been deported) to provide them with their compensation and a formal
apology.
February 22, 2008 The Green Left
A February 22 meeting between Western Australian prisons minister Margaret
Quirk, Aboriginal Legal Service chief executive Dennis Eggington and WA Deaths
in Custody Watch Committee chairperson Marc Newhouse resulted in some
ministerial promises of reforms following the the death in custody of an
Aboriginal elder on January 27. The elder, from the desert town of Warburton,
died after collapsing in the back of a prison van while being transported for
four hours in 43oC heat to a jail in the outback city of Kalgoorlie. He had been
arrested on January 26 for alleged drink-driving while visiting relatives in the
remote town of Laverton, 352 kilometres north of Kalgoorie. The van was driven
and staffed by employees of Global Solutions Ltd, an Anglo-French prison
management company, which the WA government has contracted to transport
prisoners. Professor Richard Harding, the WA government’s inspector of custodial
services, told the news media on January 29 that he was not surprised at the
Warburton elder’s death, given the state of the prisoner transport fleet. He
said that the “government-owned vans are continually breaking down, leaving
prisoners stranded in searingly hot conditions in remote areas”. Among other
things, Quirk has agreed to overhaul procedures followed when a prisoner is
transported. New procedures, to be in place by March 14, will include a health
assessment and provision of water and food.
February 4, 2008 News.com.AU
THE contractor that transported an Aboriginal leader who died in custody
last weekend has previously been criticised for the treatment of detainees.
Government contractor Global Solutions Limited has been accused of the
humiliation and sensory deprivation of detainees, who were forced to urinate in
their cramped compartments, inadequate provision of food and fluids and the
prank strip search of a prisoner. The death of Ian Ward in the sealed
compartment of a "bloody hot" van last Sunday as the outside temperature climbed
to 43C has prompted an unprecedented attack on the Carpenter Government by the
Inspector of Custodial Services, who said the state's chronically deficient
prisoner transport system would probably not be tolerated if 95 per cent of
prisoners were white, instead of up to 95 per cent of them being Aboriginal.
Anger is growing in the desert community of Warburton in WA's Ngaanyatjarra
lands over the death of Mr Ward, who collapsed in what may have been an
unairconditioned or inadequately airconditioned rear compartment while being
transported 352km by GSL. The van transporting Mr Ward left the town of Laverton
about midday for Eastern Goldfields Regional Prison to be remanded in custody on
a drink-driving charge when he vomited on himself and fell unconscious. His body
was wheeled into Kalgoorlie Regional Hospital at 4.30pm on Sunday after the two
GSL guards in the van found he had collapsed in the back. Witness Jodie Aurisch
said a female GSL guard told an emergency department doctor: "It is bloody hot
in the back of the van". GSL and its $70 million prison transport contract with
the Carpenter Government are likely to be examined as part of a coronial inquest
into Mr Ward's death in custody. It will not be the first time the company faces
scrutiny. In 2005, GSL was fined almost $500,000 over mistreatment of
immigration detainees. In 2006, GSL was fined a reported $200,000 after guards
at Port Phillip Prison in Victoria jokingly strip searched a prisoner as part of
a prank called "Sausagegate". A federal government report into GSL's transfer of
five detainees from Maribyrnong Detention Centre in Melbourne to Baxter
Immigration Facility in South Australia over two days in 2004 found the officers
involved had not been adequately trained and treated the detainees inhumanely.
In his report into the incident for the Howard government, investigator Keith
Hamburger found the van used was unsafe and inhumane and that the detainees had
been denied access to toilet facilities, forcing them to urinate in their
compartments. The officers were also found to have ignored appeals for
assistance from detainees in distress. Melbourne legal advocate Chandarev Singh
said GSL had shown "a pattern of lethal indifference". GSL's director of public
affairs, Tim Hall, said Mr Singh's "inaccurate and unpleasant personal views"
did not warrant comment.
February 1, 2008 The Western Australian
Police yesterday refused to reveal the results of a post-mortem examination
on the body of an Aboriginal elder who died after he collapsed in custody while
being taken to Kalgoorlie in the back of a van. It is understood police received
the results yesterday. Warburton Aboriginal elder Ian Ward collapsed in the back
of a Global Solutions Limited van on Sunday after a four-hour trip from Laverton
to Kalgoorlie and died a short time later at Kalgoorlie Regional Hospital. The
46-year-old, who was being transferred to face a charge of drinkdriving, was
found unconscious in the back of the van in the middle of the afternoon when
temperatures outside exceeded 40 degrees. It is understood the van’s
air-conditioning broke down the previous week and had to be replaced. The van is
part of a fleet owned by the State Government but managed by the private prison
management company. The State Government’s controversial deal with Global
Solutions Limited, the group responsible for prisoner transport, could be
tested, depending on the outcome of the investigation into Mr Ward’s death.
Opposition Leader Troy Buswell said the death in custody raised serious concerns
over the State Government’s “gifting” of the contract to GSL. GSL was
controversially awarded the $70 million prisoner transport, court custody and
security services contract last year when the company bought out the previous
contractor Australian Integrated Management Service. Letters obtained under
Freedom of Information laws revealed the Inspector for Custodial Services,
Richard Harding, told Corrective Services Minister Margaret Quirk in April that
the plan for GSL to take over the contract was unwise and risky. Despite his
advice, Cabinet not only approved the takeover of the AIMS contract by GSL last
July, but days later it extended the deal by three years without any public
tender process. “Depending on the outcome of the investigation by police and the
coroner, the State Government needs to be examining every aspect of the contract
and take action against GSL if and when it is appropriate,” Mr Buswell said. Ms
Quirk said issues surrounding Mr Ward’s death, including the contract with GSL,
was a matter for the police investigation and the coronial inquest and it was
not appropriate to speculate.
January 31, 2008 News.Com.AU
PRISONER transport contractors for the WA government were warned about the
"parlous state" of their fleet well before an Aboriginal elder died in a prison
van. Ian Ward, 46, of Warburton in the Goldfields, died during a Global
Solutions Ltd transfer from Laverton to Kalgoorlie in hot conditions on January
27. It is unclear if the airconditioning was off, or faulty. Drivers of the van
took Mr Ward, who had been picked up for drink driving on Australia Day, to
Kalgoorlie Regional Hospital after they found him collapsed. He died a short
time later. WA Custodial Services Inspector Richard Harding wrote to GSL last
year outlining six concerns, including 'GSL's capacity to cope with the
logistical challenge of running a transport service across such huge distances
as are involved with Western Australia''. "The parlous state'' of the
government-owned fleet upon which GSL would have to rely was among Mr Harding's
concerns. GSL is contracted by the WA government to provide prisoner transport
services and by the federal government to run immigration detention camps and
transport immigration detainees and prisoners. Project SafeCom spokesman Jack
Smit said there had been other transportation issues under the watch of GSL,
formerly US-owned but bought last month by European security consortium Group 4
Securitas. "This is an ongoing issue partly because it's an out-of-Australia
company ... you no longer have people employed who are directly responsible, by
contract, to the minister,'' Mr Smit said. A 2005 federal government inquiry
found GSL failed to provide medical assessments and treatments for injured
detainees who were being transferred to the Baxter detention centre in South
Australia from Maribyrnong in 2004. The probe found the van used to transport
detainees was "unsafe and inhumane'' with airconditioning design faults. The
five were sent an apology and compensated by the immigration department. WA
major crime squad detectives are investigating the latest death amid calls from
human rights groups for an independent investigation. WA Deaths in Custody watch
committee spokesman Marc Newhouse said Mr Ward's death should not have happened.
"Clearly the government has already been warned about the state of that fleet,
which is government-owned,'' Mr Newhouse said.
January 29, 2008 News.Com.AU
THE West Australian desert town of Warburton was in mourning yesterday over
the death in custody of its former Aboriginal community chairman, who was
arrested on Australia Day for allegedly drink-driving. Ian Ward, a 46-year-old
father of five and one of the last nomads born in the Gibson Desert, died the
following day after collapsing in the back of a security van during a 915km
journey to jail in the goldfields city of Kalgoorlie-Boulder. Major Crime Squad
detectives are investigating. Mr Ward was being driven by contractors for the
Department of Corrective Services, who noticed he had collapsed as they neared
their destination. Mr Ward's nephew Andrew Johns said his large family was
gathering in Warburton to remember a man who lobbied for his people's native
title rights. "We are very sad today," Mr Johns said. The family understands Mr
Ward died of a heart attack in hot conditions in the back of the van. "It is a
long way to go and very hot," he said. Police had stopped Mr Ward last Saturday
at 9.30pm in his remote home town of Warburton, about 1500km northwest of Perth
in the traditional Ngaanyatjarra lands between the Gibson and Victoria deserts.
He was charged with one count of drink-driving and taken to the lockup in
Warburton. Mr Ward was driven 570km to the courthouse in Laverton, where he
appeared on Sunday morning and was remanded in custody. Police say he was being
transported to the nearest jail - the Eastern Goldfields Regional Prison 352km
away - when he collapsed. Mr Ward was being transported by Global Solutions Ltd,
having been picked up in Laverton at 11.40am, police say. He was being taken in
the rear of the GSL security van. As the van neared Kalgoorlie, he was found to
have collapsed. He was conveyed to Kalgoorlie Regional Hospital, where he died a
short time later.
March 16, 2006 The Age
WHEN Devandar Naidu was at work his boss would kick his chair from beneath
him. The security guard was subjected over four years to names such as "coconut
head" and "monkey face". He would start work at 7am and not be allowed to go
home until 10pm. He had to ask his boss's permission to go to the toilet.
Yesterday, the NSW Supreme Court awarded the former guard $1.9 million in
compensation for the relentless bullying that left him incapable of working
again. Outside the court, Mr Naidu's lawyer, Shaun McCarthy, described the award
as a "rare victory for the little man against a giant … conglomerate". "He had a
nervous breakdown, he will never work again," Mr McCarthy said. The abuse of Mr
Naidu at the hands of News Ltd's security and fire manager, Lance Chaloner, was
described as "extraordinary" by Justice Michael Adams. The abuse started in
1992, when Mr Chaloner threw tantrums, would kick chairs from under Mr Naidu,
and call him names such as "black c---". Although his hours were 7am to 4pm, Mr
Chaloner made him work unpaid until after 10pm. When Mr Naidu went on a rare
holiday to Fiji with his family, Mr Chaloner insisted that he telephone work
every day, which involved a 15-kilometre trip to a phone, and he had to pay for
the calls. When he returned, he was told to do manual work at Mr Chaloner's
home, and threatened with the sack if he didn't. Mr Chaloner was dismissed by
News Ltd in January 1997. The judge said that although Mr Naidu remained at work
until mid-1997, he could not operate effectively. He had major depression and
post traumatic stress disorder. News Ltd will share the damages with Group 4
Securitas Pty Ltd, the bulk to be paid by Group 4, which employed Mr Naidu.
Junee Jail
Junee, New South Wales
GEO Group (formerly known as Wackenhut Corrections)
March 9, 2009 Sidney Morning Herald
AS A state open to the peddling of political influence from those who have
donated to government election coffers, NSW takes some beating. Starting with
Sydney's foundation 221 years ago, bending the rules of governance - and worse -
to help mates who have helped you has been part of the political culture.
Fortunately there is far more transparency now than in the bad old days about
who makes financial donations to whom. But three recent cases in Sydney show how
the culture still lives in the state Labor Party in a worrying way. The first
involves Nick Lalich, the Mayor of Fairfield and state MP for Cabramatta. He
presided over a meeting of Fairfield City Council last week that considered a $1
million application from Fred Pisciuneri, a developer. Coincidentally, Mr
Pisciuneri had made a $2000 donation to Labor at a fund-raising dinner for Mr
Lalich in October, when he won the seat in a byelection. Mr Lalich declared a
"non-significant, non-pecuniary conflict of interest" at the council meeting. He
now says he "probably" could have been more cautious and abstained from voting.
Then there is Virginia Judge, the Minister for Fair Trading, who organised a
campaign against a Coles supermarket being built near Strathfield Plaza, a
shopping centre in her electorate. She also successfully lobbied her colleague
Tony Kelly, the Minister for Police, to have a police station shopfront set up
in the plaza. Outwardly, there seems little to question. But then we learn
Strathfield Plaza is owned by Memo Corporation, a company that has donated more
than $50,000 to Ms Judge's political campaigns over six years. Finally Paul
McLeay, the MP for Heathcote, was vice-chairman of a parliamentary committee
reviewing a $26 million government contract with GEO Group to run the state's
only private prison at Junee. The same company had donated $2000 to Mr McLeay's
political campaign. It later gave more than $45,000 to Labor, before the 2007
election. While all three MPs protest their innocence at charges of
inappropriate behaviour, the cases nonetheless suggest a distinct trend for a
party that seems bereft of fresh initiatives after 14 years in power. Instead of
its traditional pursuit of social justice, Labor seems to have succumbed to what
the state Opposition rightly calls a "donations-for-decisions culture". Its most
brazen, and extreme, manifestation was on display in the scandal that engulfed
Wollongong City Council last year. Equally, the Sydney deals show the need for
tougher rules against what has become in effect the recycling of political money
to do favours for donors.
March 5, 2009 Sidney Morning Herald
THE LABOR MP Paul McLeay is under pressure to stand down as chairman of a
parliamentary committee after it emerged that he accepted a donation from the
company that runs the state's only private prison. When he accepted the donation
from the GEO Group the committee was reviewing the company's $26 million
contract. GEO donated $2000 to Mr McLeay's personal campaign on August 28, 2005
when the member for Heathcote was vice-chairman of the Public Accounts Committee
that was looking into whether the private Junee prison was providing value for
money compared to public jails. A month later a report from the committee
concluded that the Government should keep the prison operating. GEO donated more
than $45,000 to the Labor Party in the lead-up to the last state election but
the donation to Mr McLeay was the only one from the company that went to an
individual MP. Mr McLeay, who is now committee chairman and receives an extra
$17,440, said he doubted there was any "overlap". "From my recollection the
report was well and truly over and I had a fund-raising dinner or luncheon
sometime after that, and there were about 12 people there, one of which was
GEO," he said yesterday. "Maybe the committee had finished the work and it took
a while for the report to be tabled because I wouldn't have accepted a donation
if we were still looking at it because that would have not been appropriate."
The committee's report concluded that Junee provided good value for money
because it was able to house prisoners for $73.59 a day compared to the
state-run Kempsey jail which costs $91.75 a day. GEO is the second biggest
operator of private prisons in the US. It is favoured to take over Parklea and
Cessnock jails when they are privatised. A spokesman for GEO said there was no
discussion of the committee's report at Mr McLeay's dinner and the company had
understood that the report had been written long before the fund-raiser was
held. The Greens MP Sylvia Hale said Mr McLeay should be stood down as committee
chairman. "It was completely inappropriate for Mr McLeay to accept a personal
campaign donation from GEO while he was vice-chairman of the public accounts
committee that was examining the GEO private prison contract," Ms Hale said. "It
is fundamentally wrong for a company that is receiving public funds from a
government contract to be donating some of those funds back to the party that
granted them the contract. All of this is even more concerning when the
donations are from a company with the international reputation of the GEO
group." Ms Hale will today introduce a private member's bill into the upper
house to prevent the privatisation of the state's prisons unless any sale has
the support of both houses of Parliament.
January 28, 2009 Daily Advertiser
TWO Junee jail inmates yesterday spent hours on a roof of the prison in
baking heat after what is believed to be an escape attempt was foiled by guards.
Guards late last night were trying to talk the men down from their rooftop
perch. The drama began about 3.30pm when the prisoners reportedly made a dash
for a maintenance vehicle apparently with the intention of making a jail break.
The men were prevented from getting into the vehicle by guards so they
apparently scaled a protective fence and climbed onto the metal roof. From a
road outside the prison about three hours into the stand-off, armed officers
wearing safety vests and helmets could be seen several metres away from the two
shirt-less prisoners. The prisoners were well within the perimeter of the jail
and there was no chance of them escaping. An ambulance was on stand-by at the
prison, built for minimum and medium security inmates. The company that runs the
privately operated 750-bed prison for the State Government, the GEO Group, last
night was not commenting on the incident, and it was not known if the facility
was in general lockdown. Negotiations were still ongoing last night.
October 24, 2008 Daily Advertiser
TOILET paper became the new currency in the Junee jail when a shortage of the
product hit the prison, the NSW Ombudsman has said in his latest report. The
issue was one of a number of case studies in the Ombudsman’s just-released
2007-08 annual report. “When an inmate called from Junee to complain that their
toilet roll ration had been reduced, we made immediate inquiries with the
centre,” the case study said. “Reducing or removing basic necessities, such as
toilet paper, can spark an easily preventable incident in a correctional centre.
“We were told that each inmate usually received two rolls per week, but if they
ran out they could get more from the sweepers (inmate domestic workers) in their
pod. “The sweepers, however, no longer had a supply and – in the absence of
sufficient toilet rolls – they had become jail currency and were being stolen
from the cells. “When we called the centre they were not aware of any change to
the ration of toilet paper and undertook to investigate and rectify the
situation immediately.” The annual report said that in recent years the number
of complaints against the jail was significantly higher than from other similar
sized correctional centres. There was a slight decrease this year in the number
of complaints, down from 360 in 2006-07 to 341, of which there were 83 formal
complaints and 258 informal complaints. Only the Metropolitan Special Programs
Centre, with 344 complaints, had more complaints than Junee. Junee has one of
the largest prison populations in the state and is the only privately-operated
jail in NSW. It is run for the government by the GEO Group. A spokesman for the
company, Ken Davis, said it had noted the Ombudsman’s remarks and looked forward
to working with him to address any issues.
October 23, 2008 ABC News
Junee Correctional Centre has been trialling new staffing arrangements in a
bid to address ongoing high complaint rates. The State Ombudsman's annual
report, which was released yesterday, says the number of complaints from the
Junee Jail in recent years is significantly higher than from other similar sized
centres. It says that may be due to physical separation of inmates and staff.
The report says the centre's management is trialling placing staff in inmates'
accommodation for fixed times each day to handle requests and questions which
has resulted in a slight reduction in calls to the Ombudsman's office. Junee
Correctional Centre received 341 complaints over the year. The report also
includes details of an inmate reporting a reduction in toilet roll rations and
says at the time of the complaint the toilet rolls became jail currency and were
stolen from cells. It says when management was contacted they acted immediately
to investigate and fix the situation. In a statement, the GEO Group, which runs
the jail, says it acknowledges the remarks and looks forward to working with the
Ombudsman to address any issues.
January 18, 2006 ABC
Junee Jail has restructured its senior management in response to an inmate's
escape last year. Three senior staff were suspended when Lon Thomas McAlister
walked out of the prison in October, but they have now returned to work. The Geo
group's Colin Kelaher says the managers have retained their roles, but some
duties have been delegated to other positions. He says management is still
implementing the findings from the security review. "One of the recommendations
that did come out of it and we've recognised that is ... the importance of
restructuring in the staff at the facility to, I guess, more importantly oversee
some of the roles of security there and ... we're doing that at the moment," he
said.
November 1, 2005 ABC
A prisoner who escaped from Junee jail in south-western
New South Wales last week is believed to have walked out the jail's front gate.
Forty-six-year-old Lon Thomas McAllister was serving an eight-year term for
armed robbery and is considered dangerous. The manager of Junee jail, Derek
Bullock, says it appears McAllister was very well organised and left town
quickly on Friday, possibly via the jail's main entrance. "Because our
perimeter fence was not breached, the anecdotal information is that this
prisoner actually managed to get through our front gate," he said.
Corrective Services officials travelled to Junee at the weekend to assess
security at the jail and its operator, the GEO group, plans another security
review tomorrow.
January 14, 2005 Sidney Morning
Herald
Longer sentences, tougher bail laws and higher police numbers have boosted
NSW's prison population to 9000 for the first time, the Premier, Bob Carr,
boasted yesterday. In another development yesterday, the head of a parliamentary
committee launched an inquiry into the cost-effectiveness of the state's only
private prison, run by the US company GEO Group Australia. Labor MP Matt Brown,
the chairman of the NSW Parliament's public accounts committee, said he wanted
to inquire into whether the Junee prison really was value for money. Mr Brown
said the committee would look into explanations from the Department of
Corrective Services that maximum-security jails had higher costs than the
medium-security Junee and that housing female prisoners involved special needs
and higher costs. As well, publicly owned jails were older and not as
cost-efficient to run as Junee, which was built under the Greiner government in
the early 1990s. Mr Brown said Labor policy opposed the building of private
jails. The review would examine the performance of privately run prisons in
other states.
September 13, 2004 ABC
Prison officers are back on duty at Junee jail in southern New South Wales
after a seven-day strike. The action by 120 officers ended on Friday night when
members of the Miscellaneous Workers Union voted to return to work.Union
spokesman Geoff Lawler says he will be seeking a commitment to full staffing
levels at talks with GEO Australia on Wednesday.
September 9, 2004 ABC
Striking prison officers at Junee Jail in southern New South Wales are
threatening to obstruct entry to the prison unless management responds to their
demands soon. About 120 officers walked off the job nearly a week ago,
complaining about staffing levels and pay. The private prison operator, GEO
Australia, has brought in outside workers to run the medium security facility
and says the matter is in the Industrial Relations Commission. Union organiser
Geoff Lawler says the striking guards may use force to stop people crossing the
picket line.
April 16, 2004 ABC
The operator of Junee private prison has dismissed concerns about the jail's
security, after the escape of an inmate yesterday. Police are still
searching for Christopher Pritchard, who they say has a history of violence and
should not be approached. It is believed the Gosford man was serving out
the end of a sentence, which had been re-instated after he breached parole.
Police say the 23-year-old escaped on a prison motorbike while working outside
the prison grounds and then used a screwdriver to hijack a car. Police
suspect he then headed towards Sydney after stealing a second car. Junee
prison director Dom Karauria says a review of security will be conducted, but
denies the security breach is cause for alarm. "I don't think the
community needs to be too concerned about the degree of security in the prison
itself," he said. "I mean, when you put things in perspective
this inmate has been working out in the community for the last six months and
working out in the prison farm. There's been no breach of the prison security
itself."
May 24, 2001
A snap strike at the privately run Junee Jail has ended, with the 600 prisoners
now free to leave their cells, but the parties remain far from agreement.
The jail's managers have told the Industrial Relations Commission they are
losing money on a new contract to manage the jail. In a dispute over the
introduction of 12 hour shifts, officers picketed the entrance to Junee Jail
today, forcing managers to cut a hole in one fence and call in the police to
gain alternative access. At a hearing in Wagga Wagga, Commissioner Tabbaa
says she was very disappointed Australasian Correctional Management did not
adhere to her recommendations on roster changes, sparking the walkout.
ACM's representative told the hearing the company is losing money on the current
shift arrangements. (ABC News)
Maribyrnoug
Detention Centre
Global Solutions (formerly run by GEO Group, formerly known as Wackenhut Corrections)
December 16, 2008 The Age
THREE detainees at Maribyrnong Detention Centre pulled off brazen escapes at
the weekend, raising questions about immigration security. The latest escapes
come less than two months after a Vietnamese detainee posed as a visitor and
walked straight past security guards. Opposition immigration spokeswoman Sharman
Stone called on detention centre operator GSL to review security, after two
Vietnamese men scaled a five-metre fence at the rear of the detention centre at
lunchtime on Saturday and disappeared. The following night, Turkish man Mustafa
Bectis managed to shrug off his two escorts at the emergency department of the
Western General Hospital in Footscray, where he was being treated for a cut arm.
"If someone has just climbed over the back fence, GSL does need to very urgently
review its security," Ms Stone said. "If another person is being escorted to
hospital and managed to escape then certainly they've got to take a lot more
care." Mr Bectis, who was not handcuffed or shackled, raced through a door and
vanished. The two escapes are believed to have been assisted by people from the
outside, with detainees able to communicate using email and mobile phones.
Police were immediately called in both instances by GSL, but have been unable to
trace the absconders. Ms Stone also criticised the decision not to make the
escapes public, saying that residents who lived near the detention centre could
have helped the police. "Australia is such a multicultural place, it is very
easy for anyone to blend into the background — we don't require a showing of
papers at borders between states," she said. She also said GSL may need to
review its mobile phone policy where a detainee had a high flight risk. In the
past three years, 20 detainees have escaped while at Maribyrnong, Villawood and
Perth detention centres, mostly while being escorted to court or on social
outings. Four escapes have been from Maribyrnong this year, compared with just
two from Villawood and one from Perth. The weekend shemozzle has come at a
sensitive time for GSL, which hopes its contract will be renewed after the
former government re-tendered all detention services. A decision is expected to
be announced in the first half of next year. The Government is already under
pressure over its border protection policy, with the Opposition claiming the
scrapping of temporary protection visas has made Australia a "soft target" for
people smugglers. An Immigration Department spokesman said GSL would review
security arrangements at Maribyrnong. "It is the responsibility of the detention
services provider to ensure appropriate security is maintained at all times," he
said. But he said email and mobile phone access were a "fundamental right" for
people in immigration detention, and their use would not form part of the
review. GSL's director of public affairs, Tim Hall, said escapes were a matter
of great concern. "We constantly strive to balance the needs of clients who are
being held in administrative detention, not imprisonment, against our obligation
to ensure that they are securely detained," he said.
December 22, 2005 The Age
THE family of a Tongan man who died in controversial circumstances at the
Maribyrnong detention centre five years ago has launched a damages action
against the Immigration Department and the centre's former operators. In what is
believed to be the first such legal action, the department and Australasian
Correctional Management are being sued over the death of 53-year-old Viliami
Tanginoa five years ago today. Law firm Slater & Gordon has launched the
claim on behalf of Mr Tanginoa's widow , Tongi; his sons Viliami jnr and
Antonia; daughter Polsapina; and four half brothers. Lawyer Dina Tutungi said Mr
Tanginoa's life was treated with "reckless indifference reflecting a
culture of contempt towards people held in detention in Australia". The
father of seven climbed to the top of a basketball pole to protest at his
intended deportation that day. He had come to Australia for work 17 years
earlier, overstaying his original visa. He was arrested at Swan Hill in August
2000 and applied for a bridging visa but was refused. He had been on top of the
basketball ring for eight hours when he plunged to his death. Detainees claimed
he was taunted by guards just before he fell. Ms Tutungi said a video shows
staff placing mattresses underneath the pole and then removing them, offering Mr
Tanginoa cigarettes to come down while one officer bounced a ball in his
vicinity. A coronial inquiry blasted ACM, saying while the immediate cause of Mr
Tanginoa's death was his decision to jump "another cause was the inaction
of the detention centre's management; a failure to manage". Coroner Phil
Byrne said ACM had failed to call in specialist police negotiators: "If
expert negotiators had been involved, I am satisfied the tragic event would have
been prevented." Slater & Gordon said Mr Tanginoa's family was not
initially informed of his death and were distressed at discovering autopsy marks
on his body when it was returned to Tonga. There was also a failure to advise
the family of the original inquest on January 20 to 24 and they attended a
partly reheard inquest six months later.
Lack of resources under a "tight" Federal Government contract
influenced the handling of events surrounding the death of a detention centre
inmate, a psychiatry expert told an inquest yesterday. Forensic psychiatry
professor Paul Mullen also questioned the approach of Maribyrnong Detention
Centre staff during a stand-off in 2000. Coroner Phil Byrne is
investigating the death of Viliami Tanginoa, 53, who either fell or jumped to
his death after spending eight hours on top of a basketball pole on the day he
was to be deported to Tonga. Mr Tanginoa, who had been in detention for
four months, had overstayed his three-month tourist visa by 17 years. His
application for a refugee visa in 1994 was refused and subsequent appeals
rejected. Professor Mullen, clinical director of the Victorian Institute
of Forensic Mental Health, criticised the Immigration Department for not
providing adequate resources to the centre's operators, Australasian
Correctional Management, under a "tight contract". "Where was the
plan, where was the structure, where were the people who had the training and
the ability to carry out that structured plan?" Professor Mullen also
said the self-described "wait and see approach" of staff was bordering
on contempt of Mr Tanginoa. (The Age)
Melbourne
Custody Centre
Melbourne, Australia
Group 4 (formerly run by
GEO Group formerly known as Wackenhut)
February 25, 2010 AAP
CONDITIONS in Melbourne's custody centre breach the Victorian government's
own human rights charter, the independent watchdog says. In a wide-ranging
report, Ombudsman George Brouwer says holding people at the Melbourne Custody
Centre without access to daylight or fresh air is in breach of the charter of
human rights. Victoria became the first state to have a human rights charter,
which was passed by parliament in July 2006. People arrested by police are being
held at the centre for an average of three to four days, despite Mr Brouwer
recommending three years ago holding times be limited to overnight or over a
weekend. "I remain concerned that persons can still be held at the Melbourne
Custody Centre for longer than overnight or over a weekend," Mr Brouwer said in
his report tabled to state parliament today. Start of sidebar. Skip to end of
sidebar. .End of sidebar. Return to start of sidebar. "Detaining people
underground, without access to daylight or fresh air, is in my view
inappropriate, inhumane and contrary to the Victorian Charter of Human Rights
and Responsibilities." The centre is run by private operators GEO Group
Australia, contracted by Victoria Police, and receives more than 11,000 people
every year. It has a holding capacity of up to 100 people during the day and 67
at night. Corrections Minister Bob Cameron said people should expect their
rights to be substantially curtailed in prison. When asked if it was appropriate
people were denied access to fresh air and daylight for days he replied: "You
know cells are not nice places, let's be very clear about that." Nationals
corrections spokesman Peter Ryan said it was unacceptable for anyone to be held
in the centre for more than 24 hours. "The conditions are archaic, they are in
many senses inhumane," he said. Mr Brouwer has also raised concerns poor
infection control in jails is putting the public at risk. "Infection control in
prisons is an important public health issue and I am concerned by the time taken
to fully implement the Communicable Diseases Policy," he said. "With the large
number of prisoners serving short terms of imprisonment, coupled with high
levels of re-offending and returns to the prison system, the risks to the health
and wellbeing of prisoners and to the wider community are significantly
increased." Mr Brouwer noted the department had taken some steps to reduce the
transmission of blood-borne viruses and sexually transmitted infections among
prisoners. Mr Brouwer's report tracks the progress of implementation of
recommendations he made between July 2006 and June 2008. About one quarter of
recommendations remain unimplemented.
February 7, 2010 The Sunday Age
THE state government is poised to award a multimillion-dollar prison contract to
a private company whose human rights record has been called into question. The
Sunday Age can reveal that private prison contractor G4S Australia & New Zealand
is the preferred tenderer to take over the Melbourne Custody Centre, a
city-based facility that each year processes 11,000 people through cells under
the Magistrates Court. The private security firm was last year named in a
damning West Australian Coroner's report, which found it had contributed to the
''wholly unnecessary and avoidable death'' of a 46-year-old Aboriginal man in
its custody in January 2008. The company's record in Victoria is also marked by
a coroner's finding last year that it contributed to the 2005 death of Ian
Westcott, who died of an asthma attack in the G4S-run Port Phillip prison. A
note found near his body read: ''Asthma attack. buzzed for help. no response.''
In 2000, a coroner found the company had failed to provide a safe environment at
Port Phillip when four men hanged themselves in 1997. A 2006 report by the
Victorian Ombudsman and the Office of Police Integrity found inadequacies in the
way prisoners were transported, with insufficient attention paid to their
conditions, including ''basic amenities for long trips''. Charandev Singh, a
spokesman for the Centre for the Human Rights of Imprisoned People, said the
decision to give G4S preferred tenderer status was shocking. ''The company's
lethal record, combined with the circumstances of the horrific death of [the
Aboriginal elder], appears to have been totally negated by the Brumby government
and Victoria Police in their intention to award a further lucrative contract to
this company.'' The Melbourne Custody Centre tender is a sensitive issue for the
state government, which was last year criticised by prisoner advocates for
renewing G4S's prisoner transport contract despite the WA Coroner's finding. The
two companies shortlisted for the Melbourne Custody Centre - G4S and GEO Group
Australia - both have blemished records in the eyes of human rights advocates.
GEO Group Australia is the existing contractor and has been criticised by the
Ombudsman several times for using excessive force on prisoners - most recently
in August 2008. GEO, which has run the 30-cell facility for almost 11 years, was
recently dropped from the shortlist when the government named G4S as preferred
tenderer. Both firms are subsidiaries of multinational outfits specialising in
security systems and correctional and detention facilities. The contract for
management of the custody centre - which serves the court system but also
operates as a holding facility for drug and alcohol-affected people - is yet to
be signed with G4S, but is believed to be with Corrections Minister Bob Cameron.
A G4s spokesman said he could not comment while the tender was still going. A
spokesman for Mr Cameron said he was also unable to comment.
September 27, 2009 The Age
A PRISONER was assaulted and marched naked through the controversial
Melbourne Custody Centre in an incident that breached his human rights, the
Ombudsman has found. The August 2008 incident, revealed in the Ombudsman's
recent annual report, led to the punishment of several officers from the
prison's operator, the private company GEO Group Australia. Ombudsman George
Brouwer found officers had used excessive force on the prisoner. The inmate, who
had soiled himself, was moved naked through the centre to the showers. ''I
considered this treatment not to be in accordance with the values enshrined in
the Charter [of Human Rights and Responsibilities],'' Mr Brouwer said in his
report. The incident is the second use of excessive force against a prisoner in
as many years at the custody centre. Victoria Police said GEO had reviewed its
operating policies after the incident and implemented new measures to ensure
there were no further breaches. The police would not say how the GEO officers
were disciplined or if the company was fined, as when officers failed to protect
an inmate bashed in 2005. The Sunday Age was unable to contact GEO Group
Australia for comment.
December 13, 2007 Herald Sun
MORE than 20 prison guards have been sacked for sleeping on the job, getting
too close to inmates and other protocol breaches over the past two years. The
firm that runs the troubled Melbourne Custody Centre -- GEO Group Australia --
has sacked or let go 20 guards from its 14 Australian jails since January last
year. GEO Group managing director Pieter Bezuidenhout told the Herald Sun that
four of those were from Victoria. The company said that two guards had been
dismissed for having inappropriate relationships with inmates; two for
physically abusing inmates; one for sleeping on the job; one for misusing a
prison vending machine; and one for accepting gift vouchers from a supplier. Mr
Bezuidenhout said that another five guards had been sacked or resigned after
launching vicious physical attacks on inmates in the Melbourne Custody Centre in
2005. One of those was David Eastham, 25, jailed last month for kicking an
inmate as he lay handcuffed on the floor. The State Ombudsman found a culture of
aggression in the centre, mostly instigated by a thuggish network called "The
Family". After the Ombudsman's findings were made public last month, Mr
Bezuidenhout told the centre's staff one violent incident was "one too many".
Only one guard from Victoria's public prison system was sacked in the same
period.
November 24, 2007 The Herald Sun
TORTURING prisoners at the Melbourne Custody Centre was commonplace, former
staff claim. Three former MCC prison officers told the Herald Sun yesterday a
clique of staff known as "The Family" regularly terrorised inmates. Their claims
come as the Victorian Equal Opportunity and Human Rights Commission warned the
State Government of its responsibility to ensure all prisoners were treated
humanely. Chief executive Helen Szoke said the Charter of Human Rights and
Responsibilities comes into effect in January. Dr Szoke said the charter
protected all Victorians. "The Government is accountable for the treatment of
prisoners, whether they are in state-run institutions or privately run, like the
MCC," she said. State Ombudsman George Brouwer this week accused the MCC group
known as "The Family" of thriving on aggression and use of excessive force. He
made public graphic CCTV footage of an alleged attack on a prisoner that may
lead to three MCC staff being sacked and charged. Premier John Brumby yesterday
described the footage as disturbing and unacceptable and vowed his Government
would move to ensure nothing like it happened again. The MCC is run by private
contractors, the GEO Group Australia, on behalf of Victoria Police and is housed
in the basement below the Melbourne Magistrates' Court. Dr Szoke said she agreed
with Mr Brouwer that the MCC needed a radical overhaul. "It is absolutely
unacceptable to mistreat people in this way," she said. "We are appalled at the
beating shown on CCTV. "I'd remind everyone that in relation to criminal
conduct, detention is the punishment, not being beaten while detained." Former
MCC employees Ros Atkinson and Bruna Moressi were among five female prison
officers who first complained around 2002 about brutality and bullying at the
custody centre. "We told the company, we told the Ombudsman, we told Victoria
Police, we told members of Parliament, and others, but the situation didn't
improve," Ms Atkinson said. "The Ombudsman ... revealed the torture and
brutality we were warning about is still rampant. "It pains me to think of all
the people who have been mistreated there in the years since we first raised the
issue. "If the authorities had listened to us, then all that suffering could
have been avoided." Ms Moressi called the MCC "a hellhole where blood is shed
most days". The shocking alleged incidents outlined to the Herald Sun by Ms
Atkinson, Ms Moressi and an anonymous third former employee included: THE near
death of a prisoner who tried to hang himself after being beaten by staff. They
put wet toilet paper over the camera in his cell so their brutality couldn't be
seen. A MENTALLY ill prisoner who was refused medical help despite eating and
drinking his own faeces and urine for three days. A DEEPLY religious inmate who
begged staff not to remove his crucifix saw it ripped from his neck and crushed
in front of him before his head was slammed into a desk so hard the walls around
him were sprayed with blood. A spokesman for GEO yesterday said in a statement
to the Herald Sun that the allegations raised by the former employees were
false. He said the women had been dismissed over the past two years for improper
conduct and claimed they were raising the allegations as a means of getting back
at GEO.
November 24, 2007 The Age
THE State Government has made it more difficult for independent observers to
monitor what goes on in jails, lawyers claim. "It's getting harder to get
information about the way the prison system operates," said Hugh de Kretser,
executive officer of the Federation of Community Legal Centres. "The Government,
instead of increasing scrutiny, is going the other way," he said. This week,
Brimbank Melton Community Legal Centre was told it could not set up a legal
clinic at Port Phillip Prison to give advice on issues such as prisoners'
treatment in jail, according to the centre's principal lawyer, Philip Cottier.
In the past three months, the Government had moved to restrict prisoners' rights
to make freedom of information requests and given jail governors overly wide
discretion to restrict prisoners' mail, Mr de Kretser said. The laws about mail
were badly drafted and could potentially capture even innocent mail exchanges,
he said. Corrections Victoria had recently made secret key operational
procedures about how guards should deal with force and firearms, Mr de Kretser
said. These procedures were previously open to public scrutiny. "If we cannot
access the rules Victoria's prisons operate under, how can we hold our prisons
accountable to complying with them?" he said. The criticisms follow the release
of a report this week by the State Ombudsman, George Brouwer, into a violent
incident at the Melbourne Custody Centre earlier this year. Mr Brouwer found
that guards used excessive force against a prisoner and called for a review of
the centre, which is run by a private company, the GEO Group, under the
supervision of Victoria Police. Deputy Ombudsman John Taylor told The Age that
the custody centre was "a closed shop" with limited public scrutiny: "It's a
place that no one can go. It's a de facto jail, but it's a police jail, and it's
very hard to go there unless you are a lawyer or are from the Ombudsman's
office." Mr de Kretser said Government monitoring of assaults by prison officers
in privately run prisons was weak. "The private prison contractor and the
Government have a common interest in burying the issues," he said.
November 22, 2007 The Age
A GROUP of aggressive guards known as "The Family" dominates the Melbourne
Custody Centre and often uses excessive force against prisoners, an
investigation by the State Ombudsman has been told. In a damning report tabled
in Parliament yesterday, Ombudsman George Brouwer concluded that guards had
seriously mistreated a remand prisoner being strip-searched on June 13. CCTV
footage released yesterday shows the prisoner being grabbed by the throat and
pushed to the ground, with several guards then piling on top of him. He received
a cut to the head. Following a complaint from the prisoner, Mr Brouwer summonsed
guards from the centre, an underground facility in Lonsdale Street below the
Melbourne Magistrates Court. Mr Brouwer wrote: "It is of concern that witnesses
spoke of a culture that involves staff favouritism; the centre being dominated
by a few staff; tolerance of abuse of prisoners; and an environment where
speaking out means job loss." The report quotes guards claiming that a clique
nicknamed "The Family" instigated violence with prisoners and struck prisoners
unnecessarily. "They thrive on aggression," one guard reported. Another claimed
that prisoners were "badgered" verbally by guards with "degrading" remarks such
as: "'You're a f---ing scumbucket. You deserve to be in here." A third guard
said: "There's staff members that want to get at the prisoner that's on the
floor simply because the prisoner wouldn't listen in the first instance." Mr
Brouwer concluded that some of the staff had inappropriate attitudes, lacked
proper training and failed to follow procedure. The centre is supervised by
Victoria Police but is privately run by the GEO Group Australia, part of an $830
million international company with 59,000 beds in 68 jails and psychiatric
hospitals in countries including the US, Canada and South Africa. The GEO Group
runs four correctional facilities in Australia, including Fulham prison in Sale.
Managing director Pieter Bezuidenhout said yesterday that the company disagreed
with the Ombudsman's report. He said CCTV images showed the prisoner being
aggressive towards a guard before he was restrained. The officers involved would
face disciplinary action where necessary, he said. "GEO has a policy of zero
tolerance for any failure to treat any person in custody appropriately."
Victoria Police said it was investigating an alleged assault at the custody
centre. Mr Brouwer wrote that oversight of the centre by GEO and Victoria Police
was inadequate. The person in charge of reviewing incidents was three months
behind in his viewing of CCTV footage, Mr Brouwer wrote. He recommended that:
■GEO comprehensively review the centre and the suitability of the officers
involved in the June incident. ■Prisoners be allowed access to phones. ■Victoria
Police review its supervision. ■The centre, which lacks fresh air and daylight,
should only be used to hold prisoners for short stays (some prisoners are held
for up to 28 days). A spokeswoman for Victoria Police said the centre's
operations would be reviewed but it was impractical to limit it to being a
daytime holding facility. Installing a phone system for prisoners would be
almost impossible but the problem would be examined further. Deputy Ombudsman
John Taylor told The Age that some previous complaints of violence at the centre
could not be investigated properly because CCTV footage had not been available
due to "alleged system failure".
November 22, 2007 The Age
Victoria's government watchdog has recommended sweeping changes to conditions at
the Melbourne Custody Centre following publication of a report that found
excessive force was used against a prisoner earlier this year. Victorian
Ombudsman George Brouwer tabled his report on the incident in Parliament today
and has made CCTV footage of the incident available on his website. The video
shows the prisoner, identified by the ombudsman as Mr A, being subjected to an
apparently unprovoked attack by custody officers in the MCC's strip-search room
on June 13. The prisoner removes his shoes and shirt before one of two officers
appears to suddenly grab him by the throat. Both officers then throw Mr A to the
ground before four other officers enter the room. The prisoner, who had not been
charged with an offence at the time of the attack, lodged a complaint with the
ombudsman about one week after the incident. Mr Brouwer found one officer had
"over-reacted" and another, a female officer, had cut the prisoner by striking
him to the head. The company that is contracted to run the MCC by the State
Government, GEO Group Australia, has agreed to discipline two officers following
a recommendation from the ombudsman that their employment be reviewed. A third
officer criticised by the ombudsman was overseas when the report was being
written. Victoria Police are also investigating whether charges should be laid
against any of the officers. GEO Australia has told the ombudsman it will review
training programs for all its staff in conjunction with Victoria Police. Mr
Brouwer's report is also scathing about MCC prisoners' lack of access to
telephones. The custody centre, located beneath the Melbourne Magistrates Court,
is used to detain people who have been arrested and are due to appear in court.
Mr Brouwer's report says those in custody are unable to contact legal
representatives or his office - an anomaly in Victoria's prison system. "The MCC
appears to operate with only limited oversight by both GEO and Victoria Police
and in my opinion the system in place to monitor incidents is unsatisfactory,"
Mr Brouwer's report says. In the ombudsman's annual report published in
September, Mr Brouwer's office raised concerns about conditions at the MCC and
about a lack of video footage of alleged assaults occurring there. The September
report said the MCC was holding detainees in unsuitable conditions for periods
of up to four weeks. "I have received complaints from prisoners about their
treatment by custodial staff, particularly allegations of assault," the report
said.
August 15, 2007 The Age
GUARDS did not step in as a prisoner bashed another inmate — at one stage
wiping blood from his boots with a towel before continuing to kick his victim in
the head as he lay on the ground — in a brutal 14- minute attack at the
Melbourne Custody Centre on September 9, 2005. A video recording of the incident
was tendered to the County Court yesterday as Jim Giannakoulis, 33, formerly of
Altona North, pleaded guilty to one count of intentionally causing serious
injury. Prosecutor Paul D'Arcy said the graphic footage showed Giannakoulis
punching and kicking the victim, Boak Nguyen, in the head and body, slamming his
head on the ground and jumping on it as he lay in the centre's exercise yard.
Nguyen, who did not lodge a complaint about the incident, suffered cracked ribs,
fractured cheekbones, bruises and cuts. Outside court, a spokeswoman for the GEO
Group, which runs the Melbourne Custody Centre, said the company was fined under
its contract "as a result of the time it took to respond". She said a figure of
$75,000 quoted in court was "way over" the correct amount, which she would not
disclose. "The delay was due to the fact that on the day they were installing a
new closed-circuit TV system," she said. "The attack happened where they
couldn't see, the other prisoners didn't react and there was nothing to suggest
there was anything going on. The GEO staff intervened as soon as the incident
was detected."
May 28, 2007 The Age
A car-theft suspect who went on the run after a prison mix-up led to her being
released in place of another woman has appeared in court. Caroline Musadeq, 31,
of Niddrie, this morning faced Melbourne Magistrates Court on a charge of
escaping a police jail after being recaptured yesterday. Magistrate William
O'Day remanded Musadeq in custody and ordered her to reappear on June 2. She did
not apply for bail. Musadeq allegedly escaped from the Melbourne Custody Centre
on May 18. Officers arrested and charged her about 3pm yesterday after spotting
her in a car in Brighton Road in St Kilda. She and a 25-year-old woman charged
with armed robbery were in the cells at the Lonsdale Street centre when the
Musadeq was released on bail instead of the other woman. It is believed that the
younger woman pretended to be asleep while Musadeq assumed her identity and was
released. Police said in a statement last week that the younger woman could be
charged with aiding and abetting an escape, and that Musadeq was not considered
a risk. "The Melbourne Custody Centre is staffed by private contractors to
Victoria Police," the statement said. "An internal inquiry is under way into
operational procedures at the centre to avoid similar occurrences in the
future." The GEO Group Australia administers the custody centre. Under its
previous name of Australasian Correctional Management, it managed the Woomera
Detention Centre and was subjected to federal inquiries.
May 22, 2007 Herald Sun
A PRISONER has walked out of the Melbourne Custody Centre after assuming another
remanded woman's identity. The escapee tricked staff by swapping clothes with
another inmate due to be released on bail, and changing her hairstyle to match
hers. Custody centre sources said the woman, who was still free last night, had
gone to some effort to escape. She also used the other woman's documents and
learned personal details about her. The escapee, whose identity has not been
revealed, walked to freedom about 4.30pm last Friday. Police said they would not
reveal her details because the escaped woman, facing car-theft charges, was not
considered dangerous. The Herald Sun has been told she is a 31-year-old Pacific
Islander. "The woman has not been located and is not considered a risk to the
community," a police spokeswoman said. Investigators have interviewed the other
woman, 25, for allegedly aiding and abetting an escape. It is believed custody
centre staff followed correct procedure but were still duped by the escapee, who
was said to look similar to the woman whose identity she assumed. "Staff did
everything by the book but these two (prisoners) cohorted to do this," a custody
centre source alleged. The centre is staffed by private contractors. "An
internal inquiry is under way into operational procedures at the centre to avoid
similar occurrence in the future," the police spokeswoman said. The custody
centre, which is under Melbourne Magistrates' Court in Lonsdale St, is run by
the GEO Group Australia, formerly Australasian Correctional Management. GEO
operations manager Peter Earnshaw confirmed the group was carrying out its own
investigation and changes to procedures would be made if necessary. It is not
the first time a person has been let free by mistake from the privately run
centre. In July 2001, a man with convictions for aggravated burglary and drug
matters was freed, despite having time to serve for breaching parole on a
separate crime. Two months earlier, a convicted sex offender was mistakenly
released despite having breached parole for a previous crime.
November 18, 2004 Herald Sun
A MELBOURNE police jail has been
described as a hellhole and "the Bronx of prisons". The privately-run
Melbourne Custody Centre is overcrowded, poorly managed and occasionally
dangerous, according to disgruntled staff. Five women custody officers are on
long-term stress leave because of what they claim are intolerable working
conditions. Their complaints include sexual harassment, discrimination,
bullying, victimisation, intimidation and poor treatment of inmates. They say
the centre is understaffed and custody officers deal with inmates who are often
drunk, violent, drugged or mentally disturbed. The centre,
which is beneath Melbourne Magistrates' Court in Lonsdale St, is run by the GEO
Group Australia, formerly Australasian Correctional Management. ACM, an offshoot
of an American corrections giant, has a troubled history in Australia. There
were federal government inquiries and penalties over the way it ran Woomera
Detention Centre. The company also runs Fulham Correctional Centre. In May last
year, Corrections Minister Andre Haermeyer began a probe into the company's
operations. Bruna
Moressi, one of the corrections officers on stress leave, said working at the
centre became a nightmare. "Melbourne Custody Centre is mismanaged through
and through," Ms Moressi said. "None of the staff have training with
psych patients and the centre is not properly equipped to deal with these
people," Ms Moressi said. Seriously disturbed
inmates are often kept in cells with their wrists and ankles in handcuffs
because staff have no other way of controlling them. Anne Chiang said she
cracked under the pressure of working in the centre. She witnessed the inhumane
treatment of a psychiatrically disturbed woman. "I complained. I sent a
report up to head office and to the police monitor. I asked for an
investigation, but nothing happened," she said.
May 29, 2002
Charges against Victoria's top prison official were dropped yesterday over an
incident in which he allegedly threatened to discipline a custody officer. The
Victorian WorkCover Authority withdrew a charge of failing to take reasonable
care of an employee's health and safety against John Ralph Myers, the state's
senior Australasian Correctional Management official. Mr Myers, who pleaded not
guilty, was alleged to have threatened custody officer Wayne Rowe when he
complained to WorkCover and the Community and Public Sector Union about staff
shortages at the Melbourne Custody Centre. A WorkCover spokeswoman said the
charges were withdrawn because Mr Myers had been charged as an employee putting
another employee at risk, while evidence in court pointed to an
employer-employee relationship. Mr Rowe, 47, told the Melbourne Magistrates
Court he suffered insomnia and anxiety long after the alleged incident. Mr
Myers, 42, of Sale, said that Mr Rowe should have raised his concerns with
centre management before contacting outside organisations for advice. (The Age)
May 31, 2001
A man left with permanent brain damage after being bashed in a prison cell has
issued a Supreme Court writ seeking damages from the company running the
Melbourne Custody centre. Michael Tully, aged 45, was bashed and stomped
on by another prisoner, Ali Ali, who was consequently jailed for at least 13
years. The writ's been issued by Mr. Tully's brother Rod, on his behalf
and seeks unspecified damages from the prison operator, Australasian
Correctional Management. (ABC News)
December 11, 2000
Michael Tully was told by his brother Rod that the man who viciously bashed him
while they shared a small cell under the Melbourne Magistrates Court was
yesterday sentenced to 16 years in jail. The former prison guard confirmed he
would take legal action against Australian Correctional Management, the private
managers of the Melbourne Custody Centre. He will allege the managers were
negligent in not appropriately classifying his brother, who has schizophrenia,
so as to ensure he was separated from the mainstream population. The court told
Ali was returned to Cell 28, where he directed a prisoner to place a sticky
label from a lunch box over the surveillance camera. He then knocked Mr. Tully
to the ground, so that his head rested on a cement bench and stomped on it about
five times. Judge Anderson described the incident, which took place last April,
as a "cowardly attack on a defenseless man". He also said the
overcrowded conditions in the cells were "entirely inappropriate".
Judge Anderson said Ali had counted on the prison culture of silence, but the
attack was so brutal it had sicken other prisoners although they did not
intervene in the assault. (The Age Company Ltd., Dec. 6, 2000)
Metropolitan
Women's Correctional Center
Deer Park, Australia
CCA
September 10, 2002
A Melbourne coroner yesterday cleared the former private operators of Deer Park
women's prison of wrongdoing over the death of a 23-year-old Aboriginal inmate
four years ago. Coroner Jacinta Heffey found that the Corrections
Corporation of Australia did not contribute to the death of Paula Rebecca
Richardson, who died as a result of a "simulated suicide that went
wrong" on September 11, 1998. The inquest heard that Ms. Richardson,
who was in jail for breaching parole, hanged herself at the Metropolitan Women's
Correctional Centre a day after the State Government launched a review of prison
safety. In July, 1998, two male and two female prison officers
strip-searched Ms. Richardson and cut her clothes with a knife after she
concealed a drink can believed to be used as a water pipe for smoking marijuana.
Outside court, Ms. Richardson's father, Barry, said the coroner's decision was
"contemptible". "It's beyond my dignity to really get angry
about it," he said. "My faith in the system of justice... is
just destroyed." Lawyers for Ms. Richardson's family earlier told the
inquest that the strip search was inappropriate and insensitive, as Ms.
Richardson had been raped five times in the past- the last instance while
working as a prostitute shortly before her incarceration in April, 1998.
Ms. Richardson's mother, Ruth, said it was "very sad for Victoria"
that Ms. Heffey had not recommended changes to strip-search procedures, but said
she hoped conditions had improved since the State Government took over the
running of the prison in October, 2000. The inquest was told that despite
Ms. Richardson buzzing an intercom to prison officers 27 times in 20 minutes
before she died, nobody came to her aid. (The Age)
October 3, 2000
The Victorian Government took control of the facility after sacking the jail's
private operators. The dramatic action follows a damning report that found
prison operators CCA had breached their contract with the government in relation
to security and drug protection. Corrections Minister Andre Haermeyer said drug
abuse a Deer Park was the worst in the state, with one in four prisoners using
illegal drugs. CPSU spokesman Julian Kennelly said staff were "stressed to
the max" dealing with 30 inmates to one officer on a daily basis and
prisoners were being denied access to basic prison programs as well. Amanda
George, of the Federation of Community Legal Centers, said almost 25 percent
were in protection units, compared with about 2 percent in prisons in other
states. Victorian Uniting Church social justice leader, the Reverend David
Pargeter, said the private operators had been "nothing short of
disastrous."
Mount
Gambier Prison
South Australia
Group 4
August 9, 2004
The South Australian coroner has handed down his findings into the hanging death
of a prisoner at Mount Gambier Prison, in the state's south-east, almost three
years ago. Troy Phillip Turner was found hanging from the front of the
shower stall in his cell on the morning of September 2, 2001. State
coroner Wayne Chivell says the 36-year-old's death was "yet another
case" where an "easy hanging point" had been available to a
prisoner. He criticised the South Australian prison system for its
"piecemeal" approach to safe cell design, rather than adopting a
comprehensive approach like Victoria. The coroner also described the
decision not to cut down Mr Turner and attempt resuscitation as
"inappropriate", saying the matter calls for the urgent attention of
Group 4. (ABC)
New South Wales
Government
March 27, 2009 The Australian
THE research director of a British-based group that is expected to bid for
contracts to operate two jails in NSW has backed privatised facilities in which
inmates have keys to their cells and are on a first-name basis with their
jailers. Gary Sturgess, research director of the Serco Group, will tell a NSW
parliamentary inquiry today that decency, not efficiency, is the main reason to
privatise jails. He says overseas experience shows that prisoners enjoy more
privileges -- including being given the keys to their own cells -- in
correctional systems where private and public providers compete. Prisoners in
these systems spend more time out of their cells and have far greater
interaction with their jailers -- with whom they are frequently on first-name
terms -- than in systems where public providers face no competition, Mr Sturgess
says. The results are safer jails and lower rates of reoffending. Serco is
expected to bid for the contracts to operate Cessnock prison, in the Hunter
Valley, and Parklea prison, in western Sydney, when the jails are privatised
this year. The company already operates one jail in Victoria and one in Western
Australia. The decision by NSW Premier Nathan Rees to privatise the two prisons
has aroused heated opposition from public sector unions and the Greens, and is
opposed by a minority of MPs in the Labor caucus. The privatisation of the jails
is being driven by Prisons Minister John Robertson, who led the campaign against
power privatisation as a union leader. Mr Sturgess's submission to the upper
house inquiry links private jail services in Britain to the "decency agenda"
pursued by former British prime minister Tony Blair. "Contract prisons in the UK
are more humane, partly because government demanded a higher standard when
writing the original contracts, partly because price was not allowed to dominate
the procurement process, and partly because the political and policy environment
at the time when the market was first established was focused on the quality of
prison life," the submission from Serco argues. As NSW cabinet chief under
former Liberal premier Nick Greiner between 1988 and 1992, Mr Sturgess drove a
reform agenda that included the corporatisation of government enterprises such
as the railways and electricity transmission. He told The Australian yesterday
the British experience showed governments could use competition in prison
services as a way to set higher standards, not just to get better value for
money. "It gives a government an opportunity to say, 'What kind of prisons do we
want here?'," Mr Sturgess said. He said the inmates in low- and medium-security
prisons in Britain had been allowed to hold duplicate keys to their own cells,
which improved both efficiency and decency. "If (the warder) is the only one
with a key, then every time a prisoner wants to go in and out of their cell
you've got to send somebody to look at it," he said. "This way, the inmate has
the dignity of having private space and a greater sense of security." The higher
proportion of women officers in private jails had changed the atmosphere. "The
difference is that if you've got a prison full of males, with all the
testosterone pumping around, people will attempt to man up," he said. "You're
not going to get any credit for assaulting a woman." While such arguments will
confound critics of prison privatisation on the Left, Mr Sturgess, as a stalwart
of NSW politics, knows another obstacle will be the tough-on-crime stand of the
major parties. "The objective has got to be to reduce the cycle of reoffending,"
Mr Sturgess said. "If the consequence of failing to address quality issues is
that we do not break the cycle of reoffending, we're actually increasing the
crime problem."
January 5, 2004
A security firm shut down by the NSW Government continued to provide armed
patrols to the Department of Community Services months after being removed from
the industry register. The case of Lismore-based Magnum Armed Escorts
& Security raises important questions about the way in which the burgeoning
industry is regulated, particularly when some companies appear to have been
targeted by gun thieves. Industry sources say private security has
ballooned so much that the Government's Security Industry Registry is struggling
to keep a grip on those entering the field and those it has already weeded out.
Latest figures show that in NSW alone there are 45,000 people employed as
guards, 7863 of them armed. And despite the fact that police are already
outnumbered three to one by security officers, in the past six months alone 650
applications have been received for master security licences and a further 7500
for individual class 1 and 2 licences. While the NSW Government has
announced a raft of changes to weed out the rogues, restrict access to firearms
and remove high-powered weapons from use, only 62 security company permits have
been revoked by the authorities in the past five years. (Smh.com)
January 5, 2004
A security guard for the NSW Premier Bob Carr threatened to put three bullets in
the head of a NSW police officer, a court heard yesterday. Hussam Hussein,
21, of Blakehurst, appeared at Parramatta Bail Court charged with intimidating a
police officer and using telecommunications network equipment to commit an
offence. The court was told Hussein was employed by Chubb Security as a
security guard at the Premier's home. Police alleged acting Inspector Peter
Benic, an officer attached to the Premier's Department, spoke to Hussein about
sleeping on the job. (Smh.com)
Perth
Immigration Centre
Perth, Australia
Group 4
February 19, 2004
A GROUP of 17 detainees at Perth's immigration detention
centre have started a hunger strike to protest about the withdrawal of a work
program. The Refugee Rights Action Network (RRAN) said the detainees were
told by centre manager Group 4 yesterday that jobs normally performed by
detainees in exchange for redeemable points would be outsourced. RRAN
spokesman Peter Wilkie said Group 4 had wanted to cut the number of points
awarded for certain tasks, and when detainees protested, the jobs were
withdrawn. The Australian)
Port
Hedland
Kimberley, Australia
GEO Group (formerly known as Wackenhut)
December 11, 2003
A Port Hedland detainee has vowed to take legal action after being placed in
isolation and allegedly bashed as punishment for a riot in which he was cleared
of involvement. Asylum seeker Babar Iqbal Choudry, 40, said Australasian
Correctional Management guards had handcuffed, punched and kicked him and
refused him medical treatment in the Port Hedland detention centre's Juliet
isolation block. Speaking from the centre yesterday, Mr Choudry said he
had been released on Monday after management reviewed a video of the disturbance
last Thursday. "They told me I did nothing wrong," he said. He
said he would take legal action after "being treated like a criminal and
like a terrorist". He called for an inquiry into the treatment of the
detainees. ALP president Carmen Lawrence has called for an independent
inquiry into the handling of the disturbance, sparked when a schoolgirls' visit
was cancelled on the grounds they could be at risk of being raped. Mr
Choudry said 24 detainees still in the isolation block had gone on a hunger
strike over their treatment. (The Age)
October 17, 2003
A 16-year-old Iraqi asylum seeker has slashed his arms and chest and staged a
roof-top protest at the Port Hedland detention centre, saying his brother was
tricked into signing papers to return home. Abdullah Kadem and his family
gained media attention this year when they attempted to leave Australia but were
rejected by Thailand and Vietnam. Abdullah and his father, Abdul, this
week began a roof-top protest with five other asylum seekers after older
brother, Mohammed, 18, signed an agreement to return home. Adbullah said
immigration department officials told Mohammed the papers were for a bridging
visa. Mohammed was flown to the Perth detention centre on Wednesday without his
family's knowledge. When he arrived, he was told he had signed deportation
papers instead, Abdullah said. (The Age)
January 15, 2003
The Federal Government has flagged the closure of the Port Hedland detention
centre in the country's remote north-west as numbers in the centre and boats
failed to reach Australia. The spokesman said that for Woomera and Port
Hedland detention centres to be closed, the residential housing project that
accommodates children and women from Woomera would have to be replaced by
another residential project. "If we can get a residential housing
project at one of the other centres, and possibly Baxter is most likely, or the
preferred, that would pave the way for Woomera to be mothballed," he said.
(The Age)
January 8, 2003
The recent spate of
fires in Australia's detention centres and the government's rejection of calls
for an inquiry are symptoms of a fundamental malaise in Australian public
policy. The Howard Government, with
little political opposition, has been able to build on the policy initiated by
its Labor predecessor of mandatory detention combined with remote detention
centres in such places as Port Hedland and Woomera.
Against this background it should be noted that while European Australia
began as a penal colony and advanced to a federation, in many respects it never
completely de-colonised. The policy of indefinite mandatory detention, often in remote
locations, was inevitably going to lead to serious problems for the inmates and
staff. The central problems with
privatised prisons is that they lack the accountability of a government-run
organisation. Indeed, one of the
driving political motives for such privatisations is to distance the government
from problems. They can say it is a matter for the contractor. This is to be contrasted with problems in public prisons,
where a fire such as the one started by inmates in Jika Jika in 1987 led to the
closure of the facility, immediately. Jim
Kennan was the attorney-general and minister for corrections who ordered the
closure of the Jika Jika maximum security section of Pentridge Prison
immediately after the 1987 riot and fatal fire. (The Age)
January 7, 2003
A workplace safety
investigation at the Port Hedland detention centre has
raised concerns about fire safety, the presence of asbestos in buildings and
the security of staff. Fire extinguishers were missing from accommodation
blocks, fire hoses were used to water gardens and staff training was inadequate,
the report said. Their
investigation was conducted in October, two months before the series of fires
that caused millions of dollars damage at Port Hedland and other detention
centres in the days after Christmas. It
was ordered by the Australian Industrial Relations Commission's senior deputy
president, Brian
Lacy, when he was dealing with an industrial dispute over the safety concerns
of officers at Port Hedland. The
officers, employed by detention centre operator Australasian Correctional
Management, went on strike for 12 days last September. (The Age)
January 3, 2003
It was meant to be the new, friendlier face of Australia's asylum seeker policy.
Although an electrified fence runs around the outside, and security cameras are
everywhere except in private areas, the rooms are modern. There is more grass
and play area for children than in other centres. But today part of Baxter lies
in ruins, and along with it any hope of an easy resolution to the fate of
Australia's asylum seekers. Just after midnight on Friday last week a fire broke
out in an empty room in Red 1, a men's compound at Baxter. Although detainees
cannot possess matches or lighters, arsonists may have made a lighter from
electric wiring or a toaster. They had mattresses and newspapers - plenty of
fuel. Two nights later, a bigger fire was lit in Red 1. Staff tried to put it
out but did not have enough water. Fire crews arrived, people were banging on
doors to wake those still asleep. Many detainees were collapsing from smoke
inhalation. At about 3pm that day more fires were lit. Desperate to get out but
told not to, detainees broke down the gate and tried to break out of the
compound. Guards in riot gear confronted them. When some detainees were asked
why they had started the fire they replied: "We were trying to get away.
The centre is making us crazy." By Sunday night the fires were spreading,
first to Port Hedland detention centre, later to Woomera, Christmas Island and
Villawood. The "ferocity" of the actions took guards by surprise, an
ACM employee said. On December 17, newspapers in Sydney, Brisbane, Adelaide and
Melbourne published the same article. Carrying headlines such as "Five Star
Asylums" and "It's not all mriots at our Club Fed", it reported
that detainees enjoyed luxuries such as gyms, Foxtel, DVDs and yoga classes. The
article, and a similar one in a Port Hedland newspaper, made some people in the
Port Hedland detention centre "very angry," says the town's Uniting
Church minister, Bev Fabb. She says most of the article's information was wrong
for Port Hedland. The article also troubled Harry Minas of the Federal
Government's Independent Detention Advisory Group. Neither Professor Minas nor
Ms Fabb suggest a direct link between the article and the arson but many asylum
seeker advocates feel the article helped to exacerbate what one advocate
describes as a "huge deterioration" in the mood of detainees in the
past month. A shift is under way in the centres. Numbers are dwindling. No boat
has reached Australia for 14 months. Baxter, Woomera and Port Hedland are way
below capacity. On New Year's Eve the Immigration Department handed a letter to
488 detainees in Baxter, Port Hedland and Woomera. The letter said most of them
had been rejected as refugees and had "no right to remain in this country .
. . You can choose to bring your detention to an end at any time by leaving
Australia". According to what an Iranian detainee told asylum seeker
advocate Ian Knowles, a group of men, infuriated by the letter, marched to the
immigration office and demanded to be deported straight away. Guards in riot
gear pushed them back to a compound. ACM confirmed that tear gas was used. Mr
Minas adds: "People are saying, 'It's their (the detainees') own bloody
fault', and in a way it is. "But people have to ask what makes this group
prefer be in a detention centre environment rather than to go go home.
"They are not choosing a soft life in Australia." (The Age)
December 29, 2002
A deliberately lit
fire has forced the evacuation of a residential block at
Port Hedland Detention Centre in Western Australia.
Fire broke out in the India residential block at Port Hedland some time
before 1.45am (AEDT) today, a
spokesman for the Department of Immigration and Multicultural and Indigenous
Affairs (DIMIA) said today. The
blaze follows deliberately lit fires which destroyed large parts of the Baxter
Detention Centre at Port Augusta in South Australia over the weekend.
Some Australasian Correctional Management (ACM) staff were treated for
minor smoke inhalation but there were no other reports of injuries, he said.
Meanwhile, police were today questioning asylum seekers suspected of
starting up to five separate fires which caused $2.25 million damage at the
Baxter Detention Centre, opened only in September. (The Age)
December 10, 2002
The international group Human Rights Watch issued a damning report into
Australia's treatment of boat people yesterday. The report was released on
the same day as Australia's Human Rights and Equal Ppportunity Commission
released four critical reports into complaints of mistreatment by asylum
seekers. In one report, the commission said a Lebanese citizen, Hassan
Ghomwari, who overstayed his visa and was held in Villawood detention centre,
had been denied medical treatment which met minimum international standards.
Another report, which concerned complaints by five asylum seekers who had been
held in the notorious "J block" at the Port Hedland detention centre,
said their rights to be treated with "humanity and respect for their
inherent dignity" had been breached. (Sidney Morning Herald)
October 1, 2002
The Industrial Relations Commission has backed union claims that alleged weapon
stockpiling by inmates at some of Australia's detention centres could endanger
staff. The commission, which also sought to inspect the Port Hedland
centre in Western Australia, found there was a workplace dispute over the issue.
The commission's senior deputy president Brian Lacy yesterday acknowledged
claims by the Australian Workers Union that inmates at Port Hedland were
"manufacturing and stockpiling weapons", which could threaten the
safety of detention officers. Mr Lacy also noted union claims that the company
that controls detention centres nationwide, Australasian Correctional
Management, was "not taking any or adequate steps to protect its employees
from detainee threats and assaults"." The finding comes as Port
Hedland staff enter their seventh day of industrial action. Up to 50 officers at
Woomera detention centre also stopped work yesterday over similar safety fears.
Counsel for ACM, Ian Douglas, QC, told the commission the company did not
believe safety was an industrial issue. Mr Lacy wanted to inspect the Port
Hedland centre to determine whether staff safety was in jeopardy. However, ACM
has said it will appeal against Mr Lacy's finding of a dispute and has refused
to take part in the inspection process. Last Tuesday more than 50 Port
Hedland officers and staff at the Christmas Island centre stopped work over
safety issues, including understaffing and claims that detainees were
stockpiling weapons. In his decision, Mr Lacy criticised ACM's attitude to
the commission. "If its conduct throughout the course of the matter proves
to be as it appears from the record, it might reasonably be regarded that ACM
has acted appallingly... It appears from the record that ACM saw the commission
as a way to secure a return of its employees to work without any consideration
of the merits of their claims about fears for their safety," he said.
AWU national president Bill Shorten said it was "outrageous" that ACM
had chosen to effectively block the commission's desire to inspect the Port
Hedland centre. "They are a law unto themselves. A law within a
law." (The Age)
September 25, 2002
A strike by detention centre guards at Port Hedland has widened, with officers
walking off the job at the Christmas Island immigration facility. Australian
Workers Union national secretary Bill Shorten said 14 of a total of 26 guards at
the offshore camp walked out over the same safety issues as their colleagues at
Port Hedland. Sixty Port Hedland officers began industrial action last night,
demanding that the camp's managers, Australasian Correctional Management (ACM),
conduct a weapons search. Guards claim detainees have been fashioning weapons
from chairs, beds, sticks and other objects, and have been stashing them away
inside the compound. The union also wants minimum agreed staffing levels per
shift and an assurance that detainees will in future be escorted on any trips
out of the centre by more than one officer. He said AWU detention centre
officers at Perth, Villawood, Maribyrnong and at the immigration detention
centre in Auckland had sent messages of support to staff at Port Hedland and
Christmas Island. Mr Shorten said the officers would not return to their duties
unless their demands were met. "There is a culture of denial within
ACM." The AWU today said the centre manager and operations manager at the
newly-opened Baxter had both resigned in the past month. (The Age)
September
24, 2002
Fears that detainees are stockpiling home-made weapons have sparked a walkout by
guards at Western Australia's Port Hedland detention centre. Australian Workers
Union WA official Paul Asplin said detainees had fashioned weapons from
broken-up steel and wooden beds, bookshelves and "anything (they) can get
their hands on". He said the 50 workers walked off the job today and would
not return until a weapons inspection was carried out by the centre's managers,
Australasian Correctional Management (ACM). A skeleton staff of five was left
watching the detainees, Mr Asplin said. Mr Asplin said the centre's chief
executive officer had denied knowledge of the arms, despite detention centre
officers video taping evidence over the past two weeks and passing it to
management. "ACM has got to lift its game and acknowledge the Health and
Safety Act," Mr Asplin said. "They can't ensure the guards' safety and
for budget constraints they don't want to." Mr Asplin said workers also
wanted ACM to employ two guards, rather than one, when escorting high-risk
detainees outside the centre. The request follows the escape of a detainee on a
visit to the dentist last month, when accompanied by a single guard. (Smh.com.au)
August 23, 2002
The Port Hedland immigration detention centre was "a ship that has several
holes in the hull and is sinking fast", a report has found. Lives were
being risked, with blocked escape routes, combustible material lying in
corridors and broken smoke detectors and hydrants posing a fire risk The fire
detection system was so bad that "smoke from a fire may not be detected and
raise an alarm", according to the report, carried out last year by
consultant Steve Broadbelt and obtained by the Herald. Other faults singled out
included fire hydrants that were "leaking badly", fire hose reels
locked in cabinets to which guards had no keys, no fire extinguishers in the
mess kitchen, and emergency lighting systems in disrepair. "It is
considered that if the referred deficiencies in the refurbishment are not
implemented, and all the other fire safety systems are not immediately
reinstated to 100 per cent operational status, the scenario at the [centre]
would suggest a real potential for loss of life," it said. There are 138
asylum seekers at the Port Hedland centre. The Broadbelt report classified
problems at the centre on a rating of urgency, with P1 - matters that were
"a serious direct threat to the occupants" and should be
"rectified immediately" - the most urgent. P1 ratings were given to
five problems, including a wall that had been built at the top of a stairway
preventing escape along a path leading to an emergency exit, and missing or
inoperable fire detectors that had been covered in plastic food wrap or filled
with toothpaste. "The apparent acceptance of this situation by the staff
would suggest that this has continued for some time," the report said. It
noted that emergency alarm sounders were out of commission, foam mattresses were
stored in corridors and internal stairways, and, according to staff, that there
had been no evacuation exercises for "at least the last two years".
(Sidney Morning Herald)
August
5, 2002
A detainee from the Port Hedland immigration centre in Western Australia is
still at large after escaping on Friday while visiting a dentist in the town.
Despite three days of searching, police say they have no idea of the whereabouts
of the detainee, a 37-year-old man of Middle Eastern origin who escaped from a
security guard assigned to him for the dental trip. "All we know is
he had one guard with him and whilst there he took off. As soon as we were
advised we dispatched a vehicle to look for him," Sergeant Hush said.
"We liaised with ACM (Australian Correctional Management) trying to get a
bit of intelligence as to where he could be, who might help him, and came up
with a negative result. An immigration department spokeswoman said the
department was investigating the circumstances of the escape. (Smh.com.au)
May 15, 2001
Friday's riot at the Port Hedland detention centre was triggered by fears for
the safety of handcuffed Iranian asylum-seeker who resisted being taken into
isolation. Claims that the man had been beaten by Australasian
Correctional Management guards were denied yesterday by the Federal Government.
A spokesperson said a misunderstanding by detainees led to the riot. The
incident happened when five men were removed from the Port Hedland centre, a
converted mining camp in the Kimberley about 220 kilometers from Broome, and
taken to police lock-up in Port Hedland. Asem Judeh, chairman of the
Palestinian Refugees and Exile Awareness Association in Melbourne, said he was
rung twice from the Port Hedland camp by a source who told him one of the men
was beaten. In response the riot had broken out, he said. Mr. Judeh
said he was told the person was aged 15 or younger and this contributed to the
situation. During the riot asylum-seekers threw stones and damaged
buildings. The group was brought under control when ACM staff sprayed tear
gas. Immigration Minister Philip Ruddock said yesterday there was no need
for an inquiry into the riot. (The Age)
Port Phillip Prison
Port Phillip, Australia
Group 4/Global Solutions (formerly run by Group 4 formerly known as Wackenhut Corrections)
August 28, 2009 Herald Sun
A VIOLENT drunken bully who killed his girlfriend's three-year-old son is suing
for damages because he caught hepatitis C in jail. Killer Mark Mietto, who
escaped with just four years in prison over the 2001 killing of little Jonathan
Guiver, has demanded compensation for his "pain and suffering". His plight has
attracted little sympathy from the shattered dad of his young victim. A drunken
Mietto smashed Jonathan's skull at the boy's mum's Vermont home in June 2001. He
pleaded guilty to manslaughter, saying he had dropped the young boy on his head
accidentally, a claim rejected by the court. Jonathan had complained Mietto had
harmed him previously and an autopsy found bruises on his body consistent with
previous child abuse. Now Mietto claims he is suffering and deserves to be paid
damages. In a writ lodged in the Victorian County Court on Monday, the
34-year-old alleged he had contracted hepatitis C from fellow inmates at Port
Phillip Prison. His suffered liver dysfunction, fatigue, abdominal pain, night
sweats and pain and suffering, the writ said. The former labourer and painter
was also permanently "incapacitated for employments to which he is suited", the
writ alleges. Mietto has accused the private prison's operator, G4S Custodial
Services, of failing to protect him from the deadly disease. The prison operator
should have warned him about the dangers of sharing electric razors and other
personal items with other inmates, and should have isolated prisoners with the
disease, the writ claims. It is believed Mietto has claimed to the prison he was
infected with hepatitis C while using a communal electric razor in the prison's
high-security Charlotte Unit, which is designed to manage difficult prisoners.
July 9, 2009 The Age
PRIVATE prison operator G4S is under attack over a prisoner's death — for
the third time in nine years — after a coroner found it could have prevented the
fatal asthma attack of a prisoner who died after using a faulty emergency
intercom. Ian Westcott, 50, was found dead in his Port Phillip Prison cell on
the morning of November 26, 2005, about eight hours after he died. On a desk in
his cell, police found a note in his handwriting: "Asthma attack. Buzzed for
help. No response." In a damning finding, coroner Audrey Jamieson said prison
operator GSL — now trading as G4S — failed to take proper measures to ensure the
functionality of its "archaic" emergency intercom system. "Mr Westcott's death
was not … without sufficient warning as to render his death unpreventable," she
said. "I find a direct correlation between the failure of the intercom system
and Mr Westcott's death. The technology must be capable of meeting the security
needs of the isolated at all times." G4S Australia, a subsidiary of a
British-owned multinational security and prisons company, last year was
criticised by the WA coroner over the "inhumane" death of Aboriginal prisoner
who suffered heatstroke in an unair-conditioned van on a 360-kilometre trip. The
company was also found to have contributed to the hanging deaths of three
inmates and the drug overdose of another at Port Phillip Prison in 1997-98. In
2004, it was fined $500,000 after refusing immigration detainees food, water and
toilet access on a seven-hour trip. Ms Jamieson recommended a statewide review
of prison intercom and security systems and independent and Department of
Justice audits. Investigators had concluded a single faulty pin on a six-pin
telephone plug housed in the jail's central services cupboard was probably to
blame for the faulty intercom.
July 9, 2009 Herald Sun
A CORONER has found a prisoner who died of an asthma attack could have
survived if an intercom had been working. Ian Thomas Campbell Westcott, 55, was
found dead in his Port Phillip Prison cell on November 26, 2005. Prison officers
found a note in his cell reading "asthma attack. buzzed for help. no response".
Coroner Audrey Jamieson described the intercom as "archaic" and said Mr
Westcott's death was totally preventable. "I find that the failure of the
intercom system denied Mr Westcott the opportunity to receive medical
attention,'' Ms Jamieson said. Ms Jamison said private prison operator GSL, now
called G4S, failed to properly maintain the intercom system and recommended a
State Government-commissioned overhaul of all communication systems in Victorian
prisons. Ms Jamieson's also criticised St Vincent's Correctional Health Services
for its medical management of prisoners. She said Mr Westcott's asthma had never
been assessed by medical staff and he had never received information on how to
manage the condition. A prison doctor told the coroner asthma attacks could
cause sudden death, but Ms Jamieson said Mr Westcott had the self-control to
write the note before his death which indicated he could have been saved. "I
thus find that Mr Westcott's death was not "sudden'' or without warning, or
sufficient warning so as to render his death unpreventable,'' she said. It is
estimated Mr Westcott, who was on remand for dishonesty charges, died eight
hours before being discovered by prison staff. Outside the Coroner's Court, Mr
Westcott's daughter Vanessa and wife Lorraine said they were considering further
legal action against prison authorities. An emotional Vanessa Westcott said she
was devastated by her father's unnecessary death. "I just want to say that this
was so preventable, you know, he could be here with me right now,'' she said.
"They should be held accountable and I'm going to make sure they are.'' G4S
public affairs spokesman Tim Hall said the company had made immediate changes to
their intercom system after Mr Westcott's death.
September 11, 2008 The Age
COMPLAINTS about Victoria's private prisons have risen up to fourfold in the
past two years, fuelling concerns by a public sector watchdog about the state's
growing reliance on business to provide government services. State Ombudsman
George Brouwer yesterday tabled his 2007-08 annual report, vowing to shine a
light on the more murky aspects of public-private partnerships and outsourcing
and noting the "high risk" that comes with the blurring of the private and
public sectors. In the report, Mr Brouwer highlights a "growing interdependency"
between government and business, which brings "a high potential for conflict
situations and confusion about the ethical standards required". While issues of
conflicts of interest, poor customer service and failure to fulfil legal
requirements remain his core work, the Ombudsman says public-private contracts
and public sector compliance with the new human rights charter are two new areas
of focus. The 2008 report also shows: ■Overall complaints were up 13% to 16,344
on the previous year. ■Complaints about freedom of information rose by 16%.
■Whistleblower disclosures more than doubled. ■The largest single source (29%)
of complaints related to the Justice Department. ■Local government made up 23%
of complaints and the Department of Human Services 19%. Deputy Ombudsman John
Taylor said his office was concerned that private sector involvement in services
traditionally supplied by government may lead to the erosion of citizens'
rights. He pointed to private prisons, noting 400% and 100% increases in
complaints respectively about Port Phillip prison (rising to 443) and Fulham
prison (129) since the 2006 annual report. While rising complaint figures are
partly explained by the installation of phones for inmates, Mr Taylor described
the increases as "disproportionately high". The emphasis on private contracting
is a wake-up call for a state increasingly reliant on PPPs for services ranging
from jails to water and now schools. Mr Taylor said the Ombudsman's office would
make a point of scrutinising deals with business. "Every time there is a major
contract or outsourcing of what traditionally has been a government function we
have an interest; we want to make sure that the normal rights of a citizen to
complain are retained and that the Government doesn't legislate away the right
of an individual to complain to the Ombudsman." Individual agencies with the
most complaints were VicRoads and Port Phillip Prison. ■The Government is
expected to table legislation tomorrow to toughen rules and guidelines for
councillors, including clarifying confusing laws on conflicts of interest.
June 8, 2008 The Age
A PRISONER subjected to an obscene practical joke by prison officers has won
damages in a case known in prison circles as "Sausagegate". The private operator
of Port Phillip Prison has agreed to pay Kirk Steven Ardern a large sum for
physical and psychological injuries suffered in May 2005. The Sunday Age
understands the payout is less than $100,000, but private prison operator GSL
has already been fined almost $200,000 by Corrections Victoria. Ardern had been
made to believe he was leaving the prison to buy doughnuts, but was then coerced
into inserting what he was told was a package of contraband drugs and cash into
his rectum. But he had been tricked, and was angered and humiliated after the
package — a meat sausage — was revealed during a strip-search and subsequent
mock interrogation. The sausage was described as being "15 to 20 centimetres
long". Three prison officers suspended on full pay for six to nine months over
the incident were sacked, and two others were counselled. Ardern was released on
parole soon after the incident but is now at Fulham Prison, near Sale, after
being jailed in October 2006 for bashing an elderly couple in their Hughesdale
home. GSL Australia director of public affairs Tim Hall said the behaviour of
the staff involved was inexcusable. GSL is facing a scandal in Western Australia
over the death in February of a 46-year-old man who died after a four-hour trip
in a sealed compartment of a police van when the outside temperature was 43
degrees. And in March, a Human Rights and Equal Opportunity Commission report
found GSL had breached the human rights of five detainees it was taking from
Melbourne's Maribyrnong Immigration Detention Centre to South Australia's Baxter
facility in September 2004.
November 24, 2007 The Age
THE State Government has made it more difficult for independent observers to
monitor what goes on in jails, lawyers claim. "It's getting harder to get
information about the way the prison system operates," said Hugh de Kretser,
executive officer of the Federation of Community Legal Centres. "The Government,
instead of increasing scrutiny, is going the other way," he said. This week,
Brimbank Melton Community Legal Centre was told it could not set up a legal
clinic at Port Phillip Prison to give advice on issues such as prisoners'
treatment in jail, according to the centre's principal lawyer, Philip Cottier.
In the past three months, the Government had moved to restrict prisoners' rights
to make freedom of information requests and given jail governors overly wide
discretion to restrict prisoners' mail, Mr de Kretser said. The laws about mail
were badly drafted and could potentially capture even innocent mail exchanges,
he said. Corrections Victoria had recently made secret key operational
procedures about how guards should deal with force and firearms, Mr de Kretser
said. These procedures were previously open to public scrutiny. "If we cannot
access the rules Victoria's prisons operate under, how can we hold our prisons
accountable to complying with them?" he said. The criticisms follow the release
of a report this week by the State Ombudsman, George Brouwer, into a violent
incident at the Melbourne Custody Centre earlier this year. Mr Brouwer found
that guards used excessive force against a prisoner and called for a review of
the centre, which is run by a private company, the GEO Group, under the
supervision of Victoria Police. Deputy Ombudsman John Taylor told The Age that
the custody centre was "a closed shop" with limited public scrutiny: "It's a
place that no one can go. It's a de facto jail, but it's a police jail, and it's
very hard to go there unless you are a lawyer or are from the Ombudsman's
office." Mr de Kretser said Government monitoring of assaults by prison officers
in privately run prisons was weak. "The private prison contractor and the
Government have a common interest in burying the issues," he said.
August 5, 2007 The Age
A PRISONER who was allegedly hurt and humiliated by an obscene practical
joke, known in prison circles as "Sausagegate", is suing the private operator of
Port Phillip Prison at Laverton. Kirk Steven Ardern, 27, has lodged a writ in
the County Court seeking damages for physical and psychological injuries
suffered during the incident on May 22, 2005. The Sunday Age reported
exclusively in March last year that private operator GSL Australia had been
fined almost $200,000 by Corrections Victoria over the matter and other
breaches. Following the Sunday Age report, based on a leaked copy of an internal
investigation, four prison officers who were suspended on full pay for six to
nine months over the incident were sacked, and two others were counselled. The
investigator's report said Ardern was made to believe he was going out of the
prison to buy doughnuts, then coerced into secreting what he was told was a
package of contraband drugs and cash wrapped in cling-wrap inside his rectum.
But he had been tricked, and was angered and humiliated after the package, a
meat sausage, was revealed during a strip-search and a subsequent mock
interrogation. In the writ, filed by solicitors Arnold Thomas and Becker, the
statement of claim says a plan was hatched and carried out against Ardern by
several prison officers, along with several prisoners and a catering employee.
It names the prison officers as Stephen Harmat, Russell Davies and Appurdural
Natkunarajah. A fourth officer was unnamed. The catering employee is cited as
someone named Scott, and the prisoners as Dave Eddington, "Chris" and "Curly".
The writ says the plan involved persuading Ardern he would be allowed out of the
prison if he hid a package in his rectum and went to Werribee Plaza to give the
package to an unidentified person, then returned to the prison. The plan then
involved strip-searching Ardern before he left prison, "discovering" the package
and treating him as though he had been caught committing a serious offence. The
writ describes the package as being "15 to 20 centimetres long and tubular in
shape and compact and solid". It says Ardern inserted the package "not of his
own free will but acting under intimidation from Chris, who in the presence of
Eddington and Curly" had told Ardern not to anger the warders and the caterer.
"This occurred after Eddington had told the plaintiff to 'bank' the package
which had been left for him in the prison toilets. In prison parlance, 'bank'
meant to insert the package up his rectum. "The strip-search was carried out by
Davies and the unnamed prison officer. During the strip search the package was
discovered and removed. "Natkunarajah then proceeded to interrogate the
plaintiff and treat him as though he had committed a serious offence." The writ
argues that Ardern was a victim of what amounted to assault and battery, and
suffered damage to the anus and rectum, with bleeding and pain. His
psychological injuries, it said, involved post-traumatic stress disorder,
depression and anxiety. The writ said Ardern was especially vulnerable as a
prisoner and, because of his psychological state, personality and circumstances,
had been humiliated and embarrassed through a severe abuse of powers. Ardern has
spent most of the time since the incident in Fulham prison, near Sale, where he
is serving a sentence for assault. GSL was warned at the time that the case
could affect the renewal of its contract with Australian Correctional Facility
Pty Ltd, which sub-contracts to GSL. The contract for Port Phillip Prison is a
20-year agreement with reviews every three to five years. In the most recent
review, completed in June, the Government required GSL to improve its
performance and standards. The result has been a clean-out at the top of GSL,
which now has a new director, new management team and a new compliance regime
that includes daily checks and regular auditing.
November 28, 2006 The Age
THE daughter of a prisoner who died of an asthma attack in his Port Phillip
Prison cell after an emergency buzzer allegedly failed has demanded answers over
her father's death. "I want someone to be held accountable," a tearful Vanessa
Westcott said outside Melbourne Coroners Court yesterday. An inquest on Ian
Thomas Westcott heard yesterday that the 55-year-old man left a note in his cell
saying his cries for help went unheeded. "He wrote that he had asthma on the
note and that he had attempted to call for assistance," Port Phillip Prison
doctor Eugenie Tuck told the court. Barrister Ian Freckelton, for Mr Westcott's
family, said the intercom unit that allegedly failed Mr Westcott was
insufficiently tested and checked. Dr Freckelton said that while a poor
connection was the likely cause of the intercom problem in Mr Westcott's cell,
he had been advised of intercom deficiencies in other Victorian prisons. "This
is an issue that has wider significance in this state," he said. Mr Westcott,
who was charged with dishonesty offences and remanded in July 2005, was found
dead in his cell on November 28 last year. The court heard that a medical
history taken from Mr Westcott when he was remanded at Melbourne Assessment
Prison had no mention of his asthma and arrived at Port Phillip Prison the week
after his death — four months after it was taken. The inquest continues today.
November 28, 2006 The Australian
AN inquest into the asthma-related death of a prisoner at Port Phillip private
prison in Melbourne will begin today at the Victorian Coroner's Court. Remand
prisoner Ian Westcott, 55, was found dead in his cell on November 26 last year,
after he had apparently suffered an asthma attack. A handwritten note was found
in Mr Westcott's cell which said: "Asthma attack buzzed for help no response."
The inquest will investigate alleged failures of the prison's emergency intercom
system and the medical care provided to Mr Westcott. His daughter, Vanessa, has
said she hoped the inquest would provide some answers "for why my father died in
such horrific and humiliating circumstances". "I have so many unanswered
questions as to why my father was denied help when he was dying in his cell, and
why we as his family had to hear of his death from the media and not from those
responsible for his care." "My dad's last plea for help will not go unheard
again." The 300-bed Port Phillip prison is in Laverton in Melbourne's south-west
and is managed by Global Solutions Limited.
March 25, 2006 The Age
THE private company that operates Port Phillip Prison has defended its
security measures after an inmate was murdered on Thursday. Tim Hall, national
spokesman for GSL (Australia) said while the stabbing of Darren Parkes was a
tragedy, Port Phillip had a good safety record and little could have been done
to prevent the murder. "Security can always be improved but there are some
violent people in prison," Mr Hall told The Age. "Regrettably, sometimes in the
best-managed prisons, violent incidents occur." He said Parkes was the first
inmate to be killed at the maximum security prison since 1997 when GSL (then
Group 4 Falck) began operating the prison after being awarded a tender by the
Kennett government. Parkes, 29, was on remand at Port Phillip and awaiting trial
over the robbery and attempted murder of South Melbourne Market fruiterer
Bendetto Riccardi. Mr Riccardi was shot in a car park in May last year and is
now a paraplegic. A prison source told The Age yesterday that Parkes, who was
not a protected prisoner, was in his cell at the Laverton prison's Scarborough
North unit when he was stabbed in the chest about 4.30pm on Thursday. The Age
believes the attacker used an implement taken from a meal tray and which had
been fashioned into a weapon. Victoria Police will apply to the Magistrates
Court next week to interview a suspect over the stabbing. The comments by GSL's
Mr Hall attracted an angry response from Charandev Singh, an advocate for
prisoners from Brimbank Community Legal Centre. "If they are unconcerned on a
commercial level about a prisoner being stabbed to death, then that's an
indication of their lack of priority (for) this man's life," Mr Singh said
yesterday. He said Parkes was the third Victorian prisoner to be murdered since
1998 and that private prison operators and the State Government were jointly
responsible.
March 19, 2006 The Age
FOUR prison officers have been sacked and two more counselled in the wake of
the so-called "Sausagegate" scandal, which hurt and humiliated a vulnerable
inmate of the privately owned and run Port Phillip Prison. The Bracks Government
has put GSL Australia, operator of the Laverton maximum-security complex, on
notice over a spate of alarming incidents. The prisoner was tricked into
believing he was leaving the jail, coerced into inserting a sausage in his body,
then strip-searched by officers "in" on the "joke". The dismissed officers were
corrections supervisor Trevor Spearman, who allegedly tried to cover up the
incident, and corrections officer Steven Harmat, who allegedly played the
leading role, and corrections officers Russell Davies and Appudurai Natkunarajah,
who joined the prank. Until last week, they had been suspended for six to nine
months on full pay following the report of the investigation by GSL's security
manager, Jim Keegan, revealed exclusively in The Sunday Age last week.
Anti-private prison activist Charandev Singh said the report shows that more
needs to be done to address serious systemic problems in the prison. His concern
is backed by Vanessa Westcott, daughter of a man who died of an asthma attack at
the prison in November after a help button he pressed apparently did not work.
Ms Westcott said the prison was leaving people like her father, remanded alleged
offender Ian Westcott, 55, in cells not monitored between 8pm and 8am. His
death, after he reportedly left a note saying he had called for help, is the
subject of three inquiries. Ms Westcott, a University of Melbourne doctoral
student researching in outback Western Australia, wants to prevent such
tragedies occurring. Her solicitor, Fitzroy Legal Service's Stan Winford, said
not enough had been done to implement the findings of inquests conducted into
deaths at the prison in the late 1990s. GSL was recently given a penalty of
almost $200,000 over "Sausagegate", which happened last May. The penalty appears
to have included other incidents. In another embarrassment this week, the
company's transport manager, Rod St George, was dressed down by Judge John Nixon
in Geelong County Court over a bungle that left a prisoner late for court and
without food or water for almost seven hours. The problems come at an awkward
time for GSL and the Bracks Government, which is in the midst of a scheduled
review of GSL's contract. Minister for Corrections, Tim Holding told The Sunday
Age: "The Government will not accept failure in the management of any of our
prisons." Under the terms of its 20-year contract, begun in 1997, GSL was to
face a review after five years, then every three years. If renewed, the second
of its three-year terms would begin on July 1. Mr Singh, a human rights advocate
with Brimbank Melton Community Legal Centre, said the penalty faced by GSL was
"tokenistic" compared to its annual revenue of $147 million. Police have
investigated "Sausagegate" and have forwarded their investigation to the
Director of Public Prosecutions.
March 16, 2006 Geelong Informant
PORT Phillip Prison operator Global Solutions Limited (GSL) was yesterday
called to account over its bungling of a prisoner's delivery to Geelong County
Court on Tuesday. The mishap resulted in a prisoner being forced to go without
food or drink for seven-and-a-half hours. Judge John Nixon requested the
attendance of GSL's Transport Operations Manager at court after the prisoner,
due to stand trial in Geelong County Court at 10.30am, was not delivered at
court until 2.30pm. When he arrived, concerned court staff discovered the man
had been locked in a holding cell at Port Phillip Prison since 7am and had not
been given anything to eat or drink since breakfast. It was also discovered that
after collecting the prisoner from Port Phillip at noon, the prison vehicle
travelled to Geelong via Melbourne Assessment Prison and other places. Judge
John Nixon described the situation as absolutely outrageous. At 10am yesterday
GSL Transport Operations manager Roderick St George appeared in Geelong County
Court where he was questioned under oath by Crown Prosecutor Andrew Moore about
the incident. Mr St George said a jail order had been faxed to the prison at
3.31pm on March 13 but because Monday was a public holiday, the jail order sat
in the tray until it was read at 7.15am Tuesday morning. He said no one knew the
prisoner was to come to Geelong until the fax was read, despite the prisoner
already having been taken to the holding cell at 7am to await transport. Mr St
George said any jail order received after 4pm would be regarded as ad hoc, yet
he had already told the court the jail order had been faxed to the prison half
an hour earlier. He said there was no indication the job was of high priority
and said he was unaware the prisoner was required for trial, even though a
letter was attached to the jail order, to the contrary. Mr St George said he had
collected the letter before attending court yesterday and had not been made
privy to its contents earlier. When asked why the man had not been given food or
drink for seven and a half hours, Mr St George said it was the prison's
responsibility to feed and water prisoners. Judge Nixon told Mr St George that
what had taken place was an inxecusable blunder on GSL's part and Mr St George
agreed.
March 12 2006 The Age
THE private company running Port Phillip Prison, GSL Australia, has been
fined almost $200,000 and four officers have been suspended over a practical
joke that humiliated and hurt a vulnerable prisoner last year. Known in prison
circles as "Sausagegate", the incident involved the prisoner being coerced into
hiding a package of supposed contraband inside his body and then being
strip-searched by officers who were in on the "joke". A scathing internal GSL
report on the case, obtained by The Sunday Age, reveals that the prisoner
rejected efforts to make him cover up the incident, which left him angry,
humiliated and physically hurt. The scandal is likely to revive debate over the
use of private companies to run prisons and immigration detention centres. Last
year GSL was fined almost $500,000 by federal authorities over mistreatment of
immigration detainees, and an independent review has decided against an
automatic extension of its contract to run immigration detention centres. Police
who investigated the latest case have now referred files to the Director of
Public Prosecutions. Victorian Corrections Commissioner Kelvin Anderson said the
matter had "been taken extremely seriously", resulting in what he termed a
"significant financial penalty" under its contract. The Sunday Age believes that
the sum is close to $200,000.
December 1, 2005 The Age
A JAIL inmate who died from an asthma attack at the weekend left a note telling
authorities he had tried to get help but his calls went unanswered due to a
faulty intercom system. Corrections Commissioner Kelvin Anderson said yesterday
the body of the 55-year-old remand prisoner, a known asthmatic, was found by
Port Phillip Prison staff after lockdown between 8pm Friday and 8am Saturday
along with a note that stated he had unsuccessfully tried to raise the alarm
using the intercom button but there had been "no response". The unit
where the deceased man was staying, Scarborough South, was not staffed around
the clock, he said, but patrolling checks by the 11 prison officers on duty to
monitor the 750 prisoners had been conducted. Opposition corrections spokesman
Richard Dalla-Riva said the death was unacceptable. "To have a prisoner to
die in such circumstances, where he has had to write a note saying that the
alarm doesn't work as he is dying, I think is a just a tragic set of
circumstances. "It paints a very poor picture on the hapless Corrections
Minister," Mr Dalla-Riva said. There have been two other serious incidents
in the jail system over the past week. A man stabbed at Barwon Prison on Tuesday
is in a stable condition and, in a separate incident, Noel Faure (one of three
men accused of murdering underworld crime patriarch Lewis Moran) is also in a
stable condition following a self-mutilation attempt.
June 7, 2005 Herald Sun
THE Corrections Commissioner is awaiting the outcome of an investigation
into the alleged abuse of a prisoner at Port Phillip Prison before deciding
whether to penalise the prison's private operator. Two prison guards have been
stood down and could face criminal charges over the incident sources describe as
a practical joke gone wrong. The incident is believed to revolve around a
prisoner who was coerced into internally concealing a sausage to smuggle it out
of the prison on a day leave trip, before being strip searched by guards
allegedly in on the joke. Two more guards could be stood down over the alleged
incident. It is believed two prisoners may also be charged with a criminal
offence, possibly rape. The alleged abuse victim is understood to have later
learned the event was a joke on him and reported it to authorities.
December 7, 2004 The
Age
Port Phillip Prison's new youth unit
was a whitewash that failed to deliver promised training and counselling
programs, one of its former "peer educators" said yesterday. Martin
Camm, 48, said he quit his mentoring role to younger prisoners because there
were too few peer educators and too many men who needed help. Mr Camm told a
coroner's inquiry into the death in custody of Anthony Douglas Kennedy that peer
educators were encouraged to rate as "low" the risk of their youthful
charges doing harm to themselves in written assessments, or there would be more
forms to fill out and the prisoners would be isolated in their cells. Mr
Kennedy, 20, was found hanging from a shower fitting in Beechworth Prison on
November 21, 2002, two days after he was moved from Port Phillip Prison. An
attempt a week earlier to move Mr Kennedy to Beechworth was abandoned when he
threatened to kill himself if he was moved. Mr Camm said only a few of the
promised programs were available to prisoners and he was unable to refer Mr
Kennedy, who was distressed at the loss of both his parents, to a grief and loss
program. "I could not do it," he said.
"There was only three or four of us as peer educators doing 75 men. It was
just a whitewash. What it was portrayed to be in the media was not what it
was."
October 22, 2003
The State Government yesterday warned the private operator of Port Phillip
Prison that its contract could be terminated if it did not immediately fix
several security issues. Corrections Minister Andre Haermeyer served Group
4 Securitas with a default notice, saying it had failed to deal with 24 out of
the 39 security obligations identified in a review earlier this year.
Group 4 has been given two weeks to present a "cure plan" to
Corrections Victoria to demonstrate how it would fix security and honour its
contractual obligations. If it fails to come up with a satisfactory plan,
it could lose its contract or face financial penalties. The Government could
also sue for compensation. Ten per cent of Group 4's performance-linked
fee had been held back in relation to a health service requirement in the past
year. "The operator is basically on notice," Mr Haermeyer said.
"This is not something we are going to give them a great deal of time to
remedy." In 2000, the Government took control of the women's prison
at Deer Park after the private operator was deemed to have failed its
contractual responsibilities after repeated security and drug breaches.
The Group 4 default notice comes after a search of the maximum security prison,
at Laverton, on May 7 revealed a small handgun loaded with five bullets, a
mobile phone and a large stash of drugs. Another search the next day uncovered
more mobile phones and a digital camera. Corrections Commissioner Kelvin
Anderson said yesterday he could not rule out guards at the prison being
responsible for contraband in the jail. There was another security breach
in August when a prisoner could not be found for more than seven hours.
The decision to issue a default notice was made after Group 4 was found to have
rectified only 15 out of 39 issues identified in a review after the May security
breaches. Group 4 said in a statement yesterday that it acknowledged the
seriousness of the incidents. Security had been enhanced and would be tightened
further. Group 4 said it had improved human security at the prison and was
looking at ways to boost electronic security to help detect contraband.
The company was awarded a 20-year contract to build, own and operate the prison
by the Kennett government in 1997. It was issued with a default notice in 1998
after a riot. In its first year of operation, nine inmates died. The State
Coroner found that Group 4 and the Victorian Government had contributed to the
suicide deaths of four men because Group 4 failed to provide a safe physical
environment. Neither Group 4 nor the Government would disclose the value
of the prison contract. (The Age)
September 11, 2003
Two Victorian prison officers have been arrested in relation to a drug
trafficking matter. Prison squad detectives arrested a man and woman about
6.30am at a home in Melbourne's western suburbs. Police will be making an
application to remand the male officer at Melbourne Magistrates Court later
today. The female officer is expected to be bailed and appear before court
at a later date. The arrests are part of an ongoing investigation by the
prison squad with the assistance of Corrections Victoria and Port Phillip Prison
management. (The Age)
August 20, 2002
RMIT University yesterday backed out of its bid to team with a private prison
operator to run Australia's refugee detention centres after a heated university
forum on the issue. The university had proposed to provide education and
recreational activities to asylum seekers in detention centres run by Group 4
Falck, which runs Victoria's Port Phillip Prison. The plan has faced
mounting opposition from staff, including several academics on the university's
20-member council, and students since it was revealed last month. RMIT
Student Union Council president Emily Anderson applauded the decision as a
victory for staff and students who had campaigned against the bid.
Ms.Anderson said most of the 250 people at the forum were against RMIT's
involvement believing it legitimised mandatory detention. "That was
quite clear from the reaction speakers got," she said. (The Age)
August 10, 2004
A MOBILE phone has been found in a cell at the maximum security Port Phillip
Prison. The phone was found in the cell of Mark Wilcox, an inmate of the
jail's Scarborough South section of the privately run Laverton prison. It
is the ninth mobile to be found at Port Phillip in the past three years and has
again sparked concern at how contraband could be getting in. A prison
officer using a phone detecting device on night duty found the Nokia mobile and
a charger about two weeks ago. In October last year, the operator of Port
Phillip Prison, Group 4, was warned after a string of security breaches.
Last year, career criminal Hugo Rich was found with three phones and a digital
camera in his cell. Weeks earlier, another mobile had been found
with a loaded revolver and syringes in the cell of kidnapper Kevin Farrugia.
(Herald Sun)
May 15, 2001
Victorian prison managers have rejected claims that inmates are being subjected
to illegal daily body searches. The claims were made by prisoners at the
privately run Port Philip and Fulham jails. John Myers, the general
manager of Australasian Correctional Management, which also runs the Fulham
prison at Sale, says the allegation about cavity searches is wrong.
"Searching is an important aspect of any prison operation." (ABC
News)
Private
security guards
May 14, 2003
About 40,000 private security guards, some of whom are suspected of having links
to organised crime, will soon be forced to go to police stations for
fingerprinting in a bid to clean up the industry. Because the prints will
be cross-checked against the unsolved crimes database, police privately hope
some of the state's most baffling cases may soon be cleared. Since the
Olympics, the industry has undergone phenomenal growth. After the September 11
attacks and the Bali bombings, security guards have been performing a broader
range of roles, including protecting government buildings and icons such as the
Harbour Bridge and Opera House. Last year, the Police Commissioner, Ken Moroney,
revealed that "criminals and their associates have been able to exploit the
system to obtain licences and firearms, and inside knowledge of targets, to
commit crime". "This is about providing a safe environment and
if that means getting rid of cowboys in the industry, I will do it," he
said. Apart from fingerprinting and gun checks, all security guards will have to
be Australian citizens or permanent residents. Police also have stronger powers
to expel rogue guards. In the past five years, nearly 1800 applicants have
been refused licenses. More than 830 security personnel have had their authority
revoked for some breach during their time of employment. (Smh.com.au)
Victoria Courts
Sydney, Australia
Group 4
September 9, 2009 Australian Associated Press
GUARDS who screen people entering Victoria's courts and providing in-court
security are threatening to strike over a long-running pay dispute. The Liquor,
Hospitality and Miscellaneous Workers Union (LHMU) says a strike by the guards,
employed by security contractor G4S, could shut down Victoria's court system.
LHMU assistant state secretary Ben Redford says the guards just want the same
pay rates as their peers at other major contractors in Victoria. "These guards
keep our courts safe and secure - they ensure the wheels of justice are not
derailed by criminals and terrorists," said Mr Redford. "They take their jobs
very seriously - they don't want to go on strike but they are trapped on poverty
wages and have an employer that won't bargain in good faith. "A strike by these
low-paid guards could shut down Victoria's court system." A spokesman for G4S
said the company was offering a three-year deal commencing in 2010, with annual
pay rises of 4.5 per cent, four per cent and three per cent in succession. "We
are very close to reaching agreement. The only sticking point is we want a
three-year deal and they want two years," spokesman Tim Hall said. "We believe a
three-year agreement will give the company stability in the current economic
climate and the pay rises are extremely competitive." While the union is happy
with the 4.5 and four per cent rises, it wants the agreement to be renegotiated
late in the second year to provide a better deal for 2012. "Our members feel
that it's a bit like blackmail - 'we'll give you what you want for two years in
return for a dud deal in the third year'," Mr Redford said. "The three per cent
for that third year is unlikely to be on a par with inflation." Guards have been
in negotiations with G4S since November 2008 and say their employer is not
bargaining in good faith. The UK-based G4S operates private prisons, prisoner
transport, court security and immigration detention centres across Australia. It
has more then 585,000 part-time and full-time employees across 115 countries.
Villawood
Detention Centre
Sydney, Australia
Global Solutions (formerly run by Group 4 and Wackenhut Corrections)
July 21, 2008 The Age
THE Immigration Department has referred allegations of drug use at Villawood
detention centre to NSW Police. The referral follows the Opposition's attack on
Immigration Minister Chris Evans for not seeking immediate police involvement.
Initially, Mr Evans said his department would investigate the allegations raised
by former pastoral worker Pauline Lovitt and detainee Wilton Briggs. The Age
reported last week that Ms Lovitt saw detainees on "ice" and marijuana while
working at Villawood from March to last month, and believed staff were involved
in selling them. "It is a very good move," said Ms Lovitt of the Government's
response. "I do think it's in the best interests of the clients and the staff."
Mr Briggs, a New Zealander, has been under 24-hour surveillance since raising
the allegations last week. He said he was threatened by a woman drug addict on
Wednesday, because she was angry the drug supply inside Villawood could be
affected. The private company that runs Villawood, GSL, has denied drug problems
at the centre, despite putting Mr Briggs under surveillance. Mr Briggs, 29, said
the drug addict threatened him and his partner and baby in Villawood's visitors'
centre, but GSL officers did not restrain her. Ms Lovitt said rehabilitation
programs to help people in withdrawal must be introduced if there were a
clampdown. She urged the Federal Government to overhaul Villawood's management.
Detainees turned to drugs because they were given no help with their detention
cases. Employees were under instruction not to help detainees — to the point
where church workers must sign documents not to proselytise in case a detainee
converted and it helped their case. Ms Lovitt said resolving detainees' cases
more quickly by offering them lawyers, translators and information would save
money. Labor's platform is to move Villawood, Australia's biggest mainland
detention centre, into public management. It is yet to announce its plans for
it.
July 18, 2008 Brisbane Times
A Villawood detainee injured in a rooftop "protest" at the Sydney detention
centre has been taken to hospital. The Department of Immigration says the man,
whose details could not be confirmed, was injured climbing onto the roof about
2pm (AEST) Friday and again when coming down 20 minutes later. Two members of
centre's staff were also hurt as they tried to bring him down. None of the
injuries were said to be life-threatening. "The decision was taken to assist him
down from the roof and while (the staff) brought him down they became caught in
security wire," an immigration spokesman told AAP. "One cut their finger and was
treated on site. The other had more serious injuries and was sent to hospital
for further treatment." The detainee was also taken to hospital. The immigration
spokesman said the incident was not a suicide attempt. The incident occurred on
the roof of Stage One of the centre, the highest security area and the only part
of the facility that has security wire. Jamal Daoud, a member of the Refugee
Action Coalition of NSW, was at the centre at the time of the incident and said
the atmosphere at the facility was "depressing". "Many people there have been in
detention for more than six months, some more than two years," he said. "They
are just counting incidents like these and have reached their limit. They are
very depressed." Investigations are continuing.
July 17, 2008 The Age
A CALL for a police investigation into claims of drug use at Sydney's
Villawood detention centre has been dismissed. Immigration Minister Chris Evans
yesterday declined to respond to an Opposition call to bring in the police. He
referred comments to the Immigration Department, which said it was handling the
investigation, and urged people with information to go to the police
independently. Shadow immigration spokesman Chris Ellison said the response was
not good enough. "These are allegations of criminal activities in our
immigration detention centre," he said. "There is a duty of care to those people
who are held in immigration detention." Pauline Lovitt, a former pastoral care
worker at Villawood who raised the allegations, said she was disappointed by Mr
Evan's response. She said she had seen detainees on "ice" and marijuana while
working there from March to June, and believed some staff were involved in
selling drugs. "The Government doesn't seem to be concerned that people's lives
actually get destroyed by drugs," she said. "If someone is alleging there's a
serious drug issue, they should be looking at it seriously. "They must be crazy.
It's quite obvious when you walk in there and you talk to people that they are
on drugs. I don't know how you can pretend that they aren't." Ms Lovitt said she
was "quite prepared" to go to the police, and planned to make a statement. She
said she wrote to Mr Evans about the situation six weeks ago, but he had not yet
responded to her. Ms Lovitt's claims have been backed by a current detainee
inside Villawood, New Zealander Wilton Briggs, 29. Another detainee contacted
The Age anonymously yesterday to support the allegations. Villawood is run by a
private company, GSL, which was granted an extension on its contract last year.
The ALP's platform has been to move Villawood into public management, but it has
yet to clarify its plans. A tender for Villawood's extension was put out in
2006. Senator Ellison said the Government should urgently finalise the new
contract, given the allegations of drugs use. "The minister indicated at the
February Senate estimates hearings that he would be making an announcement about
the future of the detention centre management `shortly'," he said. "It is now
July, and we are yet to hear any announcement."
July 15, 2008 The Age
DRUG-TAKING is rife at Villawood detention centre and staff are involved in
selling drugs to detainees, a former employee says. The Federal Government last
night called an inquiry into allegations that detainees at the nation's biggest
detention centre were using drugs such as ice and marijuana. In a submission to
a parliamentary inquiry into Australia's detention policies, former pastoral
care worker Paula Lovitt said she had been told by detainees that guards and
visitors were bringing drugs and alcohol into Villawood. Responding to the
allegations, Immigration Minister Chris Evans said last night: "I am naturally
concerned about claims of drug and alcohol use in the Villawood Immigration
Detention Centre and have asked the department to investigate." In her
submission, Ms Lovitt has urged the Government to introduce drug-testing for
staff at the Sydney centre and offer detainees rehabilitation programs. On her
first visit to Villawood's stage one maximum security area, she said, she was
shocked to see a Vietnamese detainee "totally out of it on drugs, apparently on
ice". "It's absolutely shocking in there, it's awful. It's dark and dingy and
they've got about six people in a room," she said of stage one. "They all sit in
there and smoke dope and a lot of them won't come out at all." GSL, the private
company running the centre, said the comments were a "disgraceful slur". "There
is no drug problem among staff at Villawood," spokesman Tim Hall said. "There is
not a drug problem among detainees at Villawood. Some detainees who arrived at
Villawood on a methadone program continue with their program under medical
supervision." But Wilton Briggs, 29, a New Zealander detained in Villawood, told
The Age from Villawood last night: "There is a huge drug problem here." He said
some people became violent when they could not get drugs and threatened other
detainees and harassed them for money. He said detainees were not protected by
management. "There is also no protection for stage one clients … There's no duty
of care," said Briggs, who has a criminal history in NZ. Labor's platform has
been to put Villawood into public management. But GSL's contract was extended
last year. A tender has been put out for the contract. Senator Evans said the
Government would soon make an announcement about it. A Department of Immigration
spokesman said "prohibited substances" such as drugs or alcohol had been
confiscated four times at Villawood since December. There have also been seven
incidences of self harm and 13 hunger strikes. Over the past year, there have
been 108 assaults in all of Australia's detention centres. Villawood has 210
detainees, of whom 189 are men and 21 women. They are a mix of former criminals
awaiting deportation in the maximum security stage one area, and people who have
overstayed their visas in stages two and three. Ms Lovitt said students who had
overstayed their visas could be thrown into stage one. She noted the case of a
Chinese student who was put in stage one after hitting another detainee in stage
two, but who had no criminal history. "This kid was absolutely beside himself …
he was not coming out of his cell at all because there's a person in stage one
from China who has committed two murders." Ms Lovitt, a former librarian and
prison ministry worker, was employed at Villawood from March to June. She said
she was compelled to speak out by the "appalling" conditions. Many detainees in
stage one turned to drugs because of despair over their cases, she said. Ms
Lovitt accused the Department of Immigration of covering up the situation. She
said a New Zealand man was put into solitary confinement after being stabbed by
a fellow detainee, so "information did not get out about it". "The officers are
now bringing drugs to him because he said that's what keeps him going," said Ms
Lovitt. "GSL are trying to cover up their behaviour and the Department of
Immigration are trying to cover up whatever is happening in there."
July 13, 2007 ABC
Ali Humayun in suing the Immigration Department for negligence after he
became a heroin addict inside Villawood. Ali Beg Humayun, a 26-year-old
Pakistani man, was detained in January 2005 after failing to comply with the
conditions of his student visa. Mr Humayun's lawyer, Roger de Robillard, says
the Department of Immigration and Australasian Correctional Services Pty Ltd
have breached their duty of care by placing Mr Humayun in a room with a known
heroin addict. He says Mr Humayun has also been subjected to violence and
harassment during his detention. Mr Robillard also says that without any
explanation, the centre's management took his client off the anti-depressant
medications prescribed to him, and refused him access to a psychiatrist. Mr
Humayun says the situation became intolerable. "After going so long without my
medicine, I couldn't take it anymore. I broke down, I cracked," he said. "Drugs
are everywhere inside detention. Every day we get asked 'do you want some
heroin, want some dope, want some marijuana', and without my medication it was
so hard to stay away from it all." "Inside, most people end up taking drugs in
some form, because we use them to escape our situation. It's hopeless." "I
watched [my cell-mate] shoot-up every day. I finally cracked and tried heroin
and the next thing I knew I was addicted to it." Mr Humayun says he continued to
use the drug, with the knowledge of some guards, for three months until he
formed a relationship with his current partner, Julio Lorenzo, a 41-year-old
Spanish national who was also being detained at Villawood. "The guards knew I
was taking drugs, they knew what was happening," he said. "Some [of the guards]
even offered me drugs." "I think they prefer that we are all on them [drugs]
because that way, we don't cause trouble. We just sit there and we give up and
we don't make a fuss and we don't keep fighting [to get out]." Mr Humayun is now
on a daily methadone program. A spokeswoman for the Minister for Immigration,
Kevin Andrews, has confirmed that the case has been filed against the Department
in the Supreme Court. Mr Andrews has refused to give any further comment, saying
that the matter is before the courts.
March 20, 2006 The Age
AT LEAST two long-term immigration detainees — one held for 6˝ years — are
in a psychiatric hospital after developing mental problems while in detention,
the Greens claim. The man who has spent more than six years in detention, a
34-year-old from Bangladesh, was moved from Baxter detention centre last August
to Adelaide's Glenside psychiatric hospital. The other man, whose family are
Australian citizens, has been detained for more than two years. "This period of
time in detention makes this man another Peter Qasim, the long-term detainee who
was recently released after seven years," Greens senator Kerry Nettle said.
Their cases have been raised by the Greens as up to 100 detainees at Sydney's
Villawood detention centre entered the fourth day of a hunger strike aimed at
forcing the release of mentally ill detainees held for more than two years.
March 3, 2006 Sidney Morning Herald
A DAY of turmoil in the nation's immigration system ended with the Federal
Government backing down on several fronts yesterday. It agreed to pay damages to
a boy traumatised in detention and allowed a deported Melbourne man to return to
Australia on humanitarian grounds. A damning report released by an independent
auditor yesterday also raised questions about a successful 2003 bid by the
immigration detention contractor GSL, whose contract the Government refused to
renew on Wednesday. In Sydney, an 11-year-old Iranian, Shayan Badraie, was
offered damages for trauma he suffered in Woomera and Villawood detention
centres. The move comes after a 63-day Supreme Court hearing. While in detention
between March 2000 and August 2001, the boy became severely traumatised after
witnessing riots, a stabbing and a string of other disturbing incidents. He
subsequently spent 94 days in hospital, and still requires treatment.
Commonwealth lawyers approached lawyers representing Shayan this week to offer a
settlement for damages. The exact sum will be fixed at a hearing this morning
but is expected to be more than $1 million. Meanwhile, the immigration detention
contractor GSL was found to have been hired even though it was more expensive
and provided inferior services to competitors, the National Audit Office
announced yesterday. GSL's bid was $32.6 million higher than that of the
incumbent detention centre operator, ACM, when the latter's bid expired. The
audit office found the basis on which ACM was paid $5.7 million after it missed
out on the contract was "doubtful", since the department was only required to
compensate for matters pertaining to detention. Immigration could not provide
evidence of the criteria under which the sum was paid. The audit also found the
head of the steering committee, which was heavily involved in the evaluation of
the bids, gave a reference for ACM's bid. An independent probity adviser told
the steering committee seven months later that this should not happen again.
December 30, 2005 ABC
Alarming new allegations have emerged from the Villawood detention centre of
intimidation and violence against detainees. Dozens of asylum seekers have
joined in accusing some staff members of behaving like thugs, taking bribes and
sanctioning criminal activity. The claims are the latest in a string of
complaints against contractors employed by the Department of Immigration.
Sixty-two Villawood detainees have signed a letter alleging corruption and
intimidation on the part of a staff member employed by Global Solutions Limited.
December 30, 2005 The Age
Detainees at Sydney's Villawood detention centre have accused a senior staff
member of running a drug trafficking business. The claim is contained in a
letter signed by 62 detainees at the centre and forwarded to the Commonwealth
Ombudsman on behalf of an Indian man who they say has been moved into maximum
security for speaking out about the issue. The immigration department said today
they had not previously heard of the allegations concerning the staffer, who is
also accused of running an illegal CD burning business. The letter names the
person, but the department would not be drawn on whether they would be subjected
to an internal review. The detainees say former Sydney taxi driver Harrinder
Kharbanda, 36, has been on hunger strike since he was forcibly removed from his
stage two cell on December 19 after trying to take some food into his room. The
letter says he is being unfairly punished for speaking out about the alleged
corrupt conduct of a senior staff member at the centre. "He runs drug
trafficking and an illegal CD burning business," the letter said of the
staff member. "He often tries to intimidate the detainees by threatening or
assaulting us with the help of those officers who work as a bunch of thugs.
"His corrupt acts are well known among the detainees in stage two and if
someone tries to take some legal action, he punishes the detainee by abusing his
decision-making power and or fabricating false reports about the person."
The detainees call on the federal government to intervene on behalf of Mr
Kharbanda, who has spent the past nine months in detention for overstaying his
visa.
December 6, 2005 The Australian
A COURT will decide today whether the Immigration Department and a private
prison company acted criminally in employing detainees as "slave labourers"
and paying them in phone cards and cigarettes. Bangladeshi asylum-seeker Motahar
Hussein will put to the Federal Court a case alleging that GSL, which runs the
nation's detention centres, acted in contravention of the Migration Act by
illegally employing detainees under a "merit system" classifying them
as volunteers, to be paid the equivalent of $1 an hour. Mr Hussein, a detainee
at the Villawood detention centre in Sydney for more than a year, will ask the
Federal Court to grant orders preventing GSL from employing detainees without
rewards. He is also seeking an injunction forcing the company to immediately
cease its employment of detainees under the volunteer system. Mr Hussein's case
has prompted a campaign by the union movement, which accused GSL of profiting
from federal government money intended to pay kitchen hands, cleaners, gardeners
and other providers for their services at detention centres. "Our
information is that the majority of workers are actually volunteers, so GSL must
be making a motza," said Unions NSW deputy assistant secretary Chris
Christodoulou. "They are taking unfair advantage of the poverty and
ignorance of the helpless detainees or refugees by paying them a paltry $1 an
hour in phone cards and cigarettes," Mr Hussein said. "Most
Australians would regard it as slave work." Mr Hussein said detainees had
no choice but to work, because visitors could not bring them more than $10 a
visit, there was no ATM within the detention centre to withdraw their own money
and the federal Government charged detainees about $130 a day to stay there.
November 23, 2005 Green Left Weekly
I wasn't involved in the asylum seeker debate in 2001 when the government's
actions on Tampa were, in their opinion, decisive in getting them re-elected. It
was an accident of circumstance that my family was given a voice this past year:
we had an obligation to point out the hypocrisy of having one set of rights for
citizens and another for suspected "illegals" who are left to rot for
years in detention centres without the rule of law to protect them. Even though
it took months for all the nasty specifics of Cornelia's treatment to emerge,
the broader themes were clear from the outset: the lack of morality - not to
mention the expense - of detaining innocent people and hiding them away in the
desert; the overall levels of secrecy; the farming out of detention centres to
for-profit corporations; the use of punitive isolation to control behaviour; the
unchecked power of ill-qualified immigration bureaucrats and privately employed
security guards; and the absence of judicial review. The failures exposed by
Cornelia's case have hardly been addressed. The reforms emanating from Mick
Palmer's inquiry into the wrongful imprisonment of Cornelia have given a greater
review role to the federal ombudsman (but only after someone's been detained for
two years) and many long-term detainees are being quietly released. A couple of
sports fields have been added to Baxter and some of the razor wire in Villawood
coming down with great fanfare - only to be replaced by electrified fence. In
detention centres, the lack of palatable food has been a deeply felt source of
contention. The food issue, so seemingly trivial when compared with indefinite
detention, can lead to avoidable tension and abuses. This has not changed.
Cornelia's case: In early February, Cornelia was just another non-person in
Baxter, receiving no treatment for a florid psychosis. The rest of our family
was living in suburban obscurity. We were dragged into public life in early
February 2005 when the media became interested. Even before the government
announced the Palmer inquiry - only five days after Cornelia was identified - we
were getting calls from people with information about what had happened to her
during her brush with DIMIA. I was determined to expose the more appalling
misuses of power during Cornelia's time behind the wire, much of it in punitive
isolation. In the first few days, Senator Amanda Vanstone's office put out
various bits of misinformation about how wonderful DIMIA had been to Cornelia
and to us. No-one had contacted us. We learned of the phantom medical care being
given to detainees. There were horrific cases of neglect: the young child with a
broken thumb, which turned purple and swollen in the week it took for him to get
medical attention; the man complaining of severe headaches who was fobbed off
with Panadol for two years until he collapsed one night between compounds and
started to turn blue after which he was finally rushed to hospital where
neurosurgeons operated for 12 hours to contain the burst aneurism. There was the
woman in Villawood in NSW who couldn't establish breastfeeding with her newborn
because guards were in her hospital room 24 hours a day. During the delivery, a
guard even gowned up to watch the caesarian, worried no doubt, she might jump up
from the table and abscond during the procedure. There were stories of sexual
assaults by guards, and in one case, a hastily arranged abortion. Many of our
interviewees were worried about repercussions and asked for confidentiality. The
former detainees and their families were able to tell us how places like Baxter
really worked in practice, how the medical services that DIMIA described in such
glowing terms, breached the duty of care requirements. Interview transcripts and
court affidavits, including from DIMIA staff that flagrantly contradicted the
sort of eyewitness evidence we were getting, were passed onto the university.
One such chilling document was the "Behaviour Management Plan" (BMP)
from Global Solutions Limited (GSL, the company that runs Baxter among other
corrections institutions), which set out rules for detainees in the punishment
compound at Baxter, Red One. This is where Cornelia spent 94 days in a
psychosis, which had been discerned by other detainees. Evidence we were given
showed GSL even flouted its own management plan for much of the time Cornelia
was in Red One. For example, detainees have to sign a consent to the BMP before
they enter the compound. Cornelia signed no such document. Under the strictest
stage of the plan, detainees are allowed four hours out of their cell. In
Cornelia's case, we were told by eyewitnesses that on many days she was given
only two hours' egress, or none at all. At least on one occasion, Cornelia was
punched in the chest so hard she fell backwards into her cell so the guards
could lock her inside. [Abridged from a speech by Christine Rau, Cornelia's
sister, to the Queensland Public Interest Law Clearing House on October 18. For
the full text see <http://www.qpilch.org.au/>.]
October 26, 2005 The Age
THE Immigration Department may have unlawfully detained a person for more than
six years. The Commonwealth Ombudsman, John McMillan, is investigating 222 cases
where people were released from immigration detention after they were found to
be lawfully in Australia. Meanwhile, six Chinese asylum seekers at Villawood
detention centre have been on a hunger strike for six days, claiming that
Chinese nationals are incarcerated longer than asylum seekers from other
countries. The Victorian Greens have accused the Government of discriminating
against Chinese asylum seekers because of its close economic ties with China.
October 10, 2005 The Australian
A WOMAN in immigration detention underwent a cesarean section in a public
operating theatre with a security guard looking on. In what appears to be one of
the worst examples of the Howard Government's mandatory detention policy at
work, Heng Hak Kiang, 35, delivered her third child at Sydney's Fairfield
hospital with a female immigration guard present during the surgery. A second
officer from the Howard Government's privatised detention centre security firm,
Global Solutions Ltd, then spent four days guarding Ms Heng in her room,
according to a submission to a Senate inquiry into the Migration Act. She was
watched by two seated guards 24 hours a day for the following four days, Ms Heng
told The Australian. "Sometimes a guard would talk. Sometimes one other
guard would not say anything," Ms Heng said.
September 8,
2005 Sidney Morning Herald
Detainees at Villawood detention centre are being paid in cigarettes and phone
cards to do chores such as cleaning, gardening and food preparation by the
centre's private operators, GSL, a detainee has claimed. Motahar Hussein alleges
in letters to the Immigration Minister, Amanda Vanstone, and the Australian
Federal Police that detainees have had to work for the equivalent of $1 an hour.
Last night a spokesman for Senator Vanstone denied any detainees were forced to
work but a spokesman for the Department of Immigration confirmed that inmates
over the age of 15 were invited to "engage voluntarily in useful and
meaningful activities so that they may contribute to the care of themselves and
of the detainee community". Detainees who did the activities, which the
department confirmed included the work outlined by Mr Hussein, are given
"merit points", which can be "exchanged" for items not
freely available in detention, such as cigarettes and phone cards. Mr Hussein
said it took a detainee an hour to earn $1 worth of merit points. He said the
centre's management, and departmental policy, in effect forced inmates to work
by restricting the amount of cash available to them. There is no ATM in the
centre and visitors are forbidden to give any inmate more than $10.
September 7, 2005 Sidney
Morning Herald
Staff at Villawood Detention Centre have paid a detainee with cigarettes and
telephone cards to carry out their work, a peak union body says. Unions NSW
today called for a full review of working conditions at Villawood following
claims from detainee Motahar Hussein that the detention centre was profiting
from detainees. Unions NSW deputy assistant secretary Chris Christodoulou said
he had written to Immigration Minister Amanda Vanstone about Mr Hussein. "Mr
Hussein alleges that contractors GSL (Global Solutions Limited) and DNCA
(Delaware North Companies Australia) are using detainees to meet their contracts
with the Department of Immigration (DIMIA), including in food preparation,
cleaning and the library," he said. "Unions NSW is seeking
clarification from the Minister on whether this is true and if so, whether they
are being paid in cigarettes and phone cards, a breach of the Migration
Act." Mr Christodoulou said the detainees seemed to be treated worse than
convicted criminals. "In NSW we have a set of standards for prison labour
and a monitoring committee that ensures everything is above board," he
said. "Of equal concern is the prospect that DIMIA is awarding contracts to
companies who are using detainees in a way that may be in breach of its own
Migration Act. "Either
way, the Minister has some questions to answer."
September 6,
2005 Sidney Morning Herald
The first harrowing experience for five-year-old Shayan Badraie came with riots.
The chanting, the tear gas, and the water cannon that hit the
"container" where his family slept at Woomera detention centre in
August 2000 frightened him. After that he suffered from a series of broken
sleeps and had nightmares. Soon after the riots subsided the Iranian-born child
and his father walked by a man who threatened to cut his chest with a broken
pane of glass. The colour drained from his face, and he began to speak less and
less, his stepmother Zahra Saberi told the NSW Supreme Court through an
interpreter yesterday. "He went and sat on his bed and he started crying
and was shaking," she said. "His sleep was very bad … in his sleep
he would scream. He said something in his sleep … he was scared. He was
thinking that person [with the broken glass] would kill him."
September 5,
2005 The Age
An Iranian boy at Woomera detention centre who witnessed a fellow detainee
threatening to cut himself feared the same man was going to kill him, a NSW
court has been told. Shayan Badraie was only five when he saw another detainee
at South Australia's Woomera Detention Centre threaten to cut himself in the
chest with a large broken piece of glass. Now aged 10, Shayan is suing the
federal government over the two years he spent in immigration detention at
Woomera, and Villawood in Sydney, from March 2000. His legal team claims the boy
developed post-traumatic stress at the detention centres where he was exposed to
violence, riots and acts of self-harm. They are seeking compensation from the
government and the detention centre operators, Australasian Correctional
Services and its subsidiary Australasian Correctional Management, claiming they
are liable for Shayan's psychological suffering.
September 2, 2005 Sidney
Morning Herald
Woomera detention centre in the South Australian desert so frightened a little
Iranian boy he developed post traumatic stress disorder, the NSW Supreme Court
has heard. In the first his five years of his life before arriving in Australia,
Shayan Badraie was a normal youngster, who enjoyed playing with other children
his age. But within a month of arriving at the Woomera detention centre he was
terrified by constant chanting and rioting by other detainees. And he refused to
leave the caravan-style accommodation in which he was living. Shayan, now aged
10, is suing the federal government over the two years he spent in immigration
detention at Woomera in South Australia, and Villawood in Sydney, from March
2000. The boy is seeking compensation from the government and the detention
centre operators, Australasian Correctional Services and its subsidiary
Australasian Correctional Management, claiming they are liable for Shayan's
psychological suffering. If the test case succeeds, other detainees may sue the
government for millions of dollars in damages.
August 29, 2005
Sidney Morning Herald
When former Immigration Minister Philip Ruddock was advised an Iranian family
should be released from detention for the welfare of their traumatised son, he
apparently said there was "Buckley's" chance, a court has been told.
Shayan Badraie, now aged 10, is suing the federal government over the two years
he spent in immigration detention at Woomera in South Australia, and Villawood
in Sydney, from March 2000. If the test case succeeds, other detainees may sue
the government for millions of dollars in damages. Shayan's legal team told the
NSW Supreme Court the boy developed post-traumatic stress after being exposed to
violence, riots and acts of self-harm at the detention centres. They are seeking
compensation from the government and the detention centre operators,
Australasian Correctional Services and its subsidiary Australasian Correctional
Management, claiming they are liable for Shayan's psychological suffering.
Fleeing religious persecution in Iran, Shayan was five years-old
when he and his parents were detained at Woomera after arriving by boat in March
2000. Dr Morrison said the defendants should have known that placing a young
child in immigration detention might have exposed him to numerous traumatic
events and caused him harm. In March 2001, he and his
family were transferred to Villawood but this "further aggravated and
exacerbated his fragile psychological state", Dr Morrison said. There, the
court was told, Shayan was apparently force fed, saw a detainee cut his wrists
and was exposed to violence and intimidation from detention officers and other
detainees.
August 23, 2005
The Age
A CHILD who was so traumatised by his time in detention centres that he
psychologically "shut down" will make legal history when he sues the
Government next week. Former child detainee Shayan Badraie, now aged 10,
suffered post-traumatic stress after being exposed to riots and witnessing
suicide attempts and violence in detention. Since 1999, close to 3900 children
have been held in detention centres across Australia. Some have been born in
detention. Many have been detained for years. The couple
are also suing Australian Correctional Services and Australian Correctional
Management, the operators of the Woomera and Villawood detention centres, where
Shayan was held for almost two years from the age of five. In May 2002, the
Human Rights and Equal Opportunity Commission found that Shayan's detention
breached the United Nations Convention on the Rights of the Child. It found
Shayan's continuing detention was "unjust, unreasonable and unproportional",
and recommended the Government pay the Badraie family $70,000 for Shayan's
suffering and the costs of continuing psychiatric counselling.
July 21, 2005 Sidney
Morning Herald
Ian Hwang and his sister, Janie, arrive at Stanmore Public School. A young
boy who witnessed three attempted suicides after he was forcibly removed from
school and placed in immigration detention was "traumatised by the
horrors", his lawyer said today. Ian Hwang, 12, and his six-year-old
Australian-born sister Janie have been released after more than four months at
Villawood detention centre in south-western Sydney. The children were
removed from Sydney's Stanmore Public School on March 8 after their mother Young
Lee was arrested for overstaying her visa. Lawyer Michaela Byers today
said while she was pleased the children had been released on bridging visas,
they were traumatised by their experiences inside. Ian would have a
psychological assessment next Monday to determine the extent of the
"scarring", Ms Byers said. "Ian saw three attempts at
suicide inside, one where a man swallowed a lot of bleach and another involving
self-laceration," she said. "There was a lot of blood.
"He was very distressed by it and he contemplated doing it himself.
"It was very, very upsetting (for him) to have that happening around
him."
June 11, 2005 The Australian
THE security tape showing the "reception" of Indian national Pavan
Kumar Tripuraneni at Villawood Immigration Detention Centre in Sydney is dark
and grainy. On tape the two officers who made up the reception committee, Peter
Warren and Shane Thomas, appear to move like people under water. But what
happens next is shown clearly enough for internal investigator Peter Saxon, who
analysed the tape and interviewed other officers, to conclude that Warren, the
senior officer on the scene, had been involved in "an assault on a
detainee" and that both he and Thomas had engaged in "serious
misconduct". Inquirer has obtained a copy of the report into the incident
by Saxon, a manager with Global Solutions Ltd (usually known only as GSL), the
company that operates the detention centres for the Department of Immigration
and Multicultural and Indigenous Affairs. Saxon suggests that the alleged
assault on Tripuraneni, who ended up with a fractured wrist, could have rendered
"at least one officer subject to possible criminal proceedings". The
general manager at Villawood had reported the incident to police but the matter
was dropped after Tripuraneni was conveniently deported about two weeks later,
in September last year. Saxon recommended that Warren and Thomas face
disciplinary action. Though suspended on full pay for three months, both went
back to work in December, after the company decided "to facilitate their
return to duty". Immigration sources have suggested that under its contract
with DIMIA, GSL was fined under the contract for the alleged assault on
Tripuraneni. Then the company and the department buried the whole thing. In
another company document, national operations manager Mike Ryan suggests that
GSL cannot risk further disciplining officers involved in an assault. "It
is plain that any adverse outcome, in particular their dismissal, would be
vigorously tested in the Industrial Relations Commission and our appreciation of
any such action is that the GSL position could not be sustained." What does
this admission mean? The reason the company couldn't risk sacking officers who
were alleged to have committed an assault was that it had failed to give them
any appropriate training for detention work. Saxon had reported as much:
"Neither Mr Warren nor Mr Thomas has yet undertaken the GSL ...
training." The training is specified in the detention services contract
between GSL and the department. When GSL won the detention centre contract from
another company, Australian Correctional Management, effective early last year,
it emphasised that its staff would be trained to deliver humane administrative
detention. But GSL is believed to have failed to give initial training to 30
detention centre officers at Villawood who were previously employed by ACM. Last
year the Australian National Audit Office analysed the contract between DIMIA
and ACM. That contract ran for about six years, "at a cost to the
commonwealth of more than half a billion dollars". But the ANAO audit found
that there had been astonishingly little forethought about the management of
this contract. Its report states: "DIMIA had not developed and documented a
strategy for its detention function, nor put in place a contract management
plan. Other than the contract itself, there was no documentation of the means by
which the detention objectives would be achieved. This meant that DIMIA was not
able to assess whether its strategies were actually working." But there is
little sign that DIMIA learned much from its unhappy experience with ACM,
judging by the standards set out in the present contract. Riddled with
inconsistencies, ambiguities and motherhood statements, it holds the contractor
to standards that probably can't be monitored. The performance measure under the
heading "dignity" states that "a substantiated instance of a
detainee being humiliated or treated discourteously" will incur a fine of
$10,000. What happens in the real world of the detention centres is suggested by
other tapes obtained by Inquirer. The three videotapes document the treatment of
Virginia Leong, the Malaysian woman released from Villawood last month after
three years in detention. She was two months pregnant when she was detained.
Initial reports of her plight said psychiatrists had suggested that Leong and
her three-year-old daughter, Naomi, would be at risk if they remained in
detention. Left languishing in Villawood for years watching the child grow
listless and strange, the distraught Leong resorted to desperate measures. About
a year ago, she climbed on to the roof of the detention centre with the child.
The videotapes show what happened next. When she came down from the roof, Leong,
a slight-built woman hardly larger than a child, was dragged along with her head
held down by two large detention centre officers. When they reached the
management unit, Leong was pushed face-down on the floor and a male officer
about twice her size sat astride her, tightly holding her hands behind her back
as a nurse instructed Leong, who was crying, to take Valium.
February 15, 2005 The
Age
The Australian government has paid $25,000 compensation to a French national
held by immigration authorities without diplomatic representation, the ABC
reported today. The French government has lodged a formal complaint about the
treatment of Mohamadou Sacko, saying embassy officials were not told about his
detention and questioning in Sydney. But the embassy said it has yet to receive
a response to the complaint. Mr Sacko was held for several days after arriving
at Sydney airport 18 months ago to start an English language course. He said on
arrival he was detained on suspicion of carrying a false passport and was taken
to the Villawood detention centre.
February 16, 2004
Three days before Christmas, Immigration Minister Amanda Vanstone made a call to
the Villawood detention centre in Sydney that ended Faezah Askari's four-year
ordeal in detention. "It was a big surprise for us," Ms Askari
said. "We were given just three hours to pack up our belongings and leave.
"When I asked what had happened, I was told the minister had approved our
application that I helped write. We were released with permanent visas, not a
temporary protection visa as we had expected. It was a shock and a wonderful
Christmas present," she said. Ms Askari, 22, said her family,
followers of the Sabian Mandaean faith, celebrated for three days.
"It was the first time the family had been able to celebrate together in
freedom, to walk in community and go where we wanted to. We went to church, it
was so nice," she said. But things were not always good for the
Askaris. According to evidence at the Human Rights and Equal Opportunity
Commission inquiry into children in detention, they were harshly treated during
their three years at the Port Hedland detention centre. Documents showed the
family's special needs were all but ignored.
Part of the problem was a protracted dispute between Australasian Correction
Management, a private, US-owned company which ran Port Hedland, and the
Immigration Department over who should pay for the special care. As a
result, it was two years before a definitive diagnosis was made of Ms Askari's
brothers Feaz 14, and Ansar 9, who have a rare genetic condition. The
strain of caring for the boys overwhelmed their mother, Farah, who had a
breakdown. Ms Askari told The Age that her mother told immigration
officers about her brothers' mental disabilities two days after the family
arrived at Port Hedland. "Through all the three years at Port Hedland,
they did not have any friends. They could not go to school because the teachers
could not look after them," she said. Attempts to shift the family
from Port Hedland to Villawood, where they would be close to relatives and
members of the Mandaean community, were also denied on the grounds that the
family was classified - wrongfully - as potential runaways. Only after
their situation was highlighted during the Human Rights and Equal Opportunity
Commission inquiry did it begin to change. Last year, the family was moved to
Villawood where specialised care was available for the boys. But Ms Askari
said she found the staff in Villawood unfriendly and she felt shut off from the
outside community. "I much preferred Port Hedland, it became our
home, it was more open, and I had friends. The staff were friendly," she
said. "Villawood was closed and shut off. There were
excursions." As for the future of her family in Sydney, Ms Askari is
positive. "I was always confident that justice would prevail and we
would get our visas. I am studying child care at the moment, but my ambition is
to study biology at university." (The Age)
October 26, 2003
The family of an Iranian boy said to be severely traumatised by 15 months in
an Australian detention centre will today take legal action against the Federal
Government and operators of the detention centre. Josh Bornstein, of the
law firm Maurice Blackburn Cashman, will seek damages from the Department of
Immigration and Multicultural Affairs and Australasian Correctional Management,
which ran the Woomera and Villawood detention centres. A spokeswoman for
the law firm said the claim would be for a substantial amount. (The Age)
June 27, 2003
Federal government records show eight people have died in Australian immigration
detention in the past five years, including one confirmed suicide. In
response to questioning from independent MP Peter Andren, Immigration Minister
Philip Ruddock said five men and three women had died since the introduction of
mandatory detention in 1989. No children had died. The details come
after last week's Family Court ruling that the detention of children in
immigration centres was unlawful. The federal government plans a High
Court appeal against the ruling. Coronial investigation had confirmed the
cause of death in six of the cases as liver failure, chest infection,
gastro-intestinal haemorrhage, suicide by hanging, narcotic withdrawal and head
injury caused by a fall. Four of the cases involved detainees
at the Villawood Detention Centre, of which two died at the Liverpool Hospital.
(The Age)
June 24, 2003
Villawood Refugee Detention Centre management had disciplined employees for
speaking to federal politicians about problems in detention centres, a union
said today. Three officers from the detention centre, in Sydney's west,
went to Canberra last week to speak to Immigration Minister Phillip Ruddock and
other politicians. On their return to work this week they were handed
"ugly" letters from the centre's manager, Australasian Correctional
Management (ACM), said Liquor, Hospitality and Miscellaneous Workers' Union (LHMU)
assistant secretary Jo-Anne Schofield. "(ACM) obviously doesn't
believe that workers should have a democratic voice to speak out about problems
because each one of the union members who went to Canberra is now being harassed
by their employer," Ms Schofield said. "I think it was important
the minister hears from the workers themselves and not just the union or the
company." The dispute will be heard by AIRC senior deputy president
Anne Harrison in Sydney on Monday. ACM declined to comment. (The
Age)
May 16, 2003
A federal investigation is under way into allegations that medical treatment was
withheld from people in detention centres. The Commonwealth Ombudsman's
office has confirmed it has received several complaints from detainees,
particularly those put into detention centres with pre-existing medical
conditions, claiming they have been denied access to treatment. This comes
as the Immigration Department confirmed Iranian consular officials had gone into
Baxter detention centre yesterday to speak to failed asylum seekers. The
unprecedented move follows the recent agreement signed between Iran and
Australia to repatriate Iranians, involuntarily if necessary. It was seen by
refugee advocates as an attempt to pressure asylum seekers into returning home,
but the department said no detainee was forced to meet the officials. One
case being investigated by the Ombudsman involves a 37-year-old Lebanese man,
Samir Abbas, who suffers from a heart condition known as Wolff-Parkinson-White
syndrome. He was put into Villawood in February after overstaying his visa. His
lawyer, Stephen Hopper, says Mr Abbas has been refused permission to have a
heart operation which doctors say would control his recurring heart
palpitations. Mr Abbas has offered to pay for the operation. It is claimed
Mr Abbas suffered an "episode" with his heart on Friday, but despite
repeated requests to be taken to hospital, Villawood guards refused to act until
his lawyer went to the ABC. After media broadcasts, he was taken by
ambulance to Bankstown Hospital and kept overnight. Villawood management
was rebuked by the deputy state coroner last month over the death of a Thai
prostitute in September 2001. Villawood medical staff had refused to take her to
hospital. (Sidney Morning News)
March 12, 2003
Puangthong Simaplee arrived in Australia as a 12-year-old sex slave. She
died 15 years later in a poll of vomit at the Villawood Detention Centre.
She was being held there after immigration officers picked her up when they
raided a Sydney brothel. A coroner's inquest into her death has been told
the 27-year old Thai woman, who weighed only 38 kilograms died from pneumonia
and malnutrition. Michael O'Brien, the counsel assisting the deputy
coroner, Carl Milovanovich, said it was a mandatory inquest into a death in
custody. "It is not an inquiry into Australian immigration
policy...It is an inquiry into the nature of the deceased's detainment...and how
that detainment may have contributed to her death," he said. An
Australasian Correctional Management (ACM) officer, Laura O'Halloran, said Ms.
Simaplee had been placed in an observation room and checked every half hour.
Ms. Simaplee had been vomiting continuously, and the detention officers called
nursing staff at different times. But, referring to the night of her
death, she said: "I didn't think she looked any worse this night than
on the previous two nights." A health services manager with ACM,
Janell Mulholland, said she had found nursing and medical observation records
were incomplete. Under questioning by Edson Pike, counsel for ACM, Ms.
Mulholland said the issue of the management footing the costs of outside
hospitalization of a detainee had never been an issue. (Smh.au.com)
February 14, 2003
Five escapees bashed a prison guard at Villawood Detention Centre yesterday
before cutting a hole in a security fence and escaping.
By last night police had recaptured three of the five men in suburban
backyards, under a powerboat and in a shed. The guard had been released from
hospital. The Minister for
Immigration, Philip Ruddock, said the men were not asylum seekers and were
awaiting deportation after being connected with crime in NSW.
Local residents were woken by four buses from Villawood, dozens of police
and sniffer dogs searching the area after the
7am
breakout. Jaw Dat Zraika, whose lattice side fence was allegedly smashed by two
of the captured men, said he found them huddled in his garage toilet. He was in
the shower when his wife alerted him to noise outside.
Mr Ruddock said the escape appeared to have been premeditated, with a map
of the area found on one escapee. He
said would push for the states to consider holding those waiting for criminal
deportation in jails rather than in detention centres. (Smh.au.com)
February 14, 2003
Police have recaptured six of the nine asylum seekers who escaped from
Sydney
's Villawood detention centre this morning.
The nine Asian males broke out of the centre shortly after
7am
(AEDT). They were believed to have cut a hole in the perimeter fence.
(The Age)
January 5, 2003
There was more violence at Sydney's Villawood Detention Centre at the weekend,
with at least one man taken to hospital after a knife attack. The
spokeswoman said a Vietnamese national, 37, had been taken to Westmead Hospital
with a stab wound to his thigh, while a NSW police spokeswoman said a
30-year-old man had been taken to hospital with stab wounds to his upper body,
wrist and arms. (Smh.au.com0
January 3, 2003
The first person to be charged over the violence at immigration centres is a
33-year old Scottish man with a 13-page criminal history who has lived in
Australia for at least two decades. However, Darren James McCreadie failed
to take out Australian citizenship, and when he was jailed for his most recent
offence the Immigration Department cancelled his residency. McCreadie was
due to be deported after his release from prison in August, but he appealed
against the department's action and was being held in villawood's high-security
area pending the outcome. (Smh.au.com)
December 31, 2002
Detainees set fire
to a building at Villawood last night, continuing the
string of deliberately lit blazes at detention centres around Australia.
Firefighters said rioting inmates hampered their efforts to control the
blaze, which started about 11pm. There
was also an attempt by two inmates to break out of the centre by ramming the
gates in cars belonging to the detention centre. A demountable aluminium
building was destroyed, but there were no reported injuries and it is believed
all detainees were accounted for. An
inmate who called the Herald denied the fires at the centres were connected.
"This was not a riot, this was a statement. It's been on the cards for a
long time. We can't live in these conditions."
But a fire brigade spokeswoman said they were "having a lot of
trouble with security at the site" and that 10 fire crews were at the
scene. The fire is the latest in a string of detention centre blazes
which have caused $8 million damage. Only
hours after the Prime Minister, John Howard, dismissed claims of a crisis, the
detention centre at Christmas Island was on fire yesterday.
Detainees armed with pipes took over a compound, the Immigration
Department said. (Smh.au.com)
Woodford
Correctional Centre
Queensland, Australia
Management and Training Corporation
August 14, 2001
Drugs and illegal 'home brew' have been discovered during random searches in
Queensland's prisons. Four prisoners have also lost open security
classification after testing positive to drugs. Two prisoners already in
custody are facing charges after random searches uncovered drugs at Borallon
Correctional Centre and illegal brew at Borallon and Woodford Correctional
Centres. (ABC News)
Woomera
Detention Center
South Australia
Group 4 (formerly known as Wackenhut Corrections)
September 19, 2008 The Age
LARGE numbers of asylum seekers were deliberately held in detention far
longer than need be, and subjected to mistreatment and gruelling conditions,
according to a new report. Others were wrongfully denied asylum as a result of
detention centre staff who saw their role as "gatekeepers", keeping people out
of Australia, and blocked detainees' access to lawyers. This "culture of
obstruction" was reflected in appeals to the Refugee Review Tribunal which, over
a three-year period, overturned 30% or more of asylum applications rejected by
department officers. Most Australians had no idea what was going on behind the
walls of the country's detention centres, nor of the lingering damage inflicted
on detainees, later found to be refugees and released, according to the Human
Rights Overboard report. The report stems from a "people's inquiry" into
detention, set up in February 2005 after the discovery of the wrongful detention
of Australian resident Cornelia Rau. As reported by The Age, it was set up by
the heads of social work departments at universities around Australia, as an
alternative to the Government's Palmer Inquiry. It held hearings around
Australia for over two years, taking around 400 oral and written submissions
from former detainees, former detention centre workers, refugees advocates and
lawyers. Former staff and medical professionals testified to abuses including
bashings, and the wrongful use of medication and isolation units to "manage"
disruptive or grieving detainees. A former Woomera worker described how, with no
appropriate training, she had to counsel up to 12 people a day who had
self-harmed over their indefinite detention. "I was dealing with people tying
razor wire around their throats, using razor blades, knitting needles that they
would sharpen, rope … overdosing on Panadol, detergent, chemicals, gravel," she
said. Another former worker spoke about how up to six asylum seekers were
crammed into Besser-block buildings designed for one person, with no
air-conditioning and temperatures in the high 40s. "There were eight toilets for
1800 people," the worker said. "There were two washing machines. There were two
taps in the compound. One would often break down so there was limited access to
drinking water. There was hardly any staff. They (detainees) used to line up for
four or five hours in the heat just to get a Panadol." The inquiry was told of
one man denied medical treatment who had to be rushed to hospital with a burst
appendix; a child who had to wait six weeks for a doctor after catching her
finger in a door; a man with a broken ankle who had to wait 13 days for
treatment; symptoms of a 60-year-old woman "diagnosed" by management as
"psychosomatic", when she had actually suffered a stroke; and a woman and a
minor who lost partial sight because specialist care was withheld. The report
also says that on release, detainees faced a new burden; bills of up to $200,000
for their "upkeep" in detention.
September 13, 2008 Sidney Morning Herald
About 10 o'clock one evening in January 2003, Mary Rohde got out of her
four-wheel-drive to lock the gate to the visitor carpark at the Baxter
immigration detention facility near Port Augusta, where she was a detention
officer. She felt a presence but saw no one, and returned to the car to radio
the control room. Suddenly an arm was round her neck, a blade at her throat.
Terror and incomprehension overwhelmed her. Eventually the arm loosened and she
looked round; in the back seat was her boss. It had been a security drill.
"That'll teach her to lock the car door," a supervisor later remarked. Rhode was
diagnosed with post-traumatic stress disorder and, five years later, has not
recovered, despite psychiatric treatment. Her symptoms are typical. She suffers
from nightmares and insomnia. She cannot manage social situations, cannot sit in
a doctor's waiting room; even visits from her adult children are too much to
cope with. Half an hour after they arrive she finds herself weeping in her
bedroom. "I'm now the shell of the person I was. I drink and take drugs; for me
to cope, that's what I have to do," she says. Rohde is one of many former
officers who developed post-traumatic stress disorder and other stress-related
disorders while working in detention centres around Australia. Statistics from
WorkCover South Australia record 62 claims for post-traumatic stress disorder
and other mental disorders made by guards at Woomera and Baxter. Many are
unlikely to work again. We have been told a lot about the impact of detention on
asylum seekers, but not about the impact on those who worked there. By 1999
leaky vessels were making their way to Australia carrying mostly asylum seekers
from Iraq, Iran and Afghanistan. Arrival numbers overwhelmed detention centres
at Curtin and Port Hedland, both in northern Western Australia. The overflow
shifted to a makeshift camp near Woomera, South Australia, where they languished
in desert heat until given visas or sent home. Five hundred kilometres from
Adelaide, with access to the detention centre barred to almost all, it was
impossible for outsiders to know what happened within. Woomera's carrying
capacity was 400. By April 2000 it held more than 1400 detainees, and officers
were needed to keep order. Detention services were privatised by the Howard
government in 1997. The successful tenderer was Australasian Correctional
Management, or ACM, a subsidiary of the US giant Wackenhut corporation, which
ran private jails in Australia and overseas. Many ACM detention centre officers
had been jail staff but the company also advertised for them. With free
accommodation and the minimum requirement of five 12-hour shifts a week, the
conditions seemed excellent - about $1200 a week. For Rohde, recently separated
from her husband and experiencing financial difficulties, the job seemed a
godsend. Many officers believed they were on important duty. In 2000 Australians
got the message they were under siege; that the boatloads surely included
terrorists. Still others thought this was a chance to show kindness. Within
weeks, the new recruits would find themselves kitted up in riot gear and
wielding batons, extinguishing fires, or cutting down would-be suicides. Trevor
Robertson signed up to Woomera in June 2000. He had recently completed training
as a prison officer in Brisbane. His partner, Kendall Jones, expecting their
first child, urged him to apply. As with Rohde, the move would be the mistake of
their lives. An imposing figure, Robertson was respected by colleagues and soon
became a supervisor. When Woomera closed and the operation transferred to the
Baxter centre near Port Augusta, Robertson went too. One former colleague
remembers him as even-tempered, fair and good in a crisis - "the best operator
at Woomera". Robertson has been unable to work, his marriage teeters in the
balance, and he rarely leaves the loungeroom of his modest Port Augusta home. He
does not socialise, and spends his time bent over the computer, poring over
state and federal law, or on the phone to any bureaucrat or politician who will
talk to him about immigration detention. It is an obsession. He has reflected
long and hard about why it all went so wrong in immigration detention centres.
All the officers interviewed for this story said training was inadequate. In an
intensive four- to six-week course, new recruits practised restraint and riot
drills, became familiar with the Migration Act, and were encouraged to treat
detainees with respect. Robertson does not think any training could have
prepared officers for the dire daily situations. He told ABC TV's Four Corners
program that three days after training he was at Woomera when 500 detainees
attempted to escape. The job was close to impossible. Detention centres became
violent; chaos reigned. These desert prisons held people who were distressed and
traumatised for months or years on end, waiting for news on their visa
applications. Many eventually became deranged. Riots, hunger strikes, self-harm
and suicide attempts were common. Officers became the focus of detainee anger
and resentment, and threats were made against them and their families. It angers
Robertson that he and colleagues were denied help. "We were the police; we were
the mental health-care workers; we were the social workers," he recalls
bitterly. Detention centres had rules, and most detainees obeyed them. A core
group, however, was troublesome and the only consequence of their behaviour was
incarceration in the "management unit", a form of solitary confinement where
detainees frequently became so unmanageable it was easier to return them to
their compounds. Troublemakers lit fires, smashed windows, stood over and
bullied others and assaulted officers with relative impunity. Experts argue that
incarceration in detention centres induces mental illness. According to ACM
statistics for October 2001, three psychologists saw 764 residents at Woomera. A
psychiatrist visited every few weeks, but daily care of people with mental
illness was left to untrained officers. Rod Gigney, a kindly officer, would
bribe Anna with fruit, trying to curb her behaviour. The young woman wandered
around naked at Baxter and defecated on the floor. To officers less sympathetic,
Anna was just a heroin-addicted, damned nuisance. She turned out to be the
schizophrenic German-born Australian Cornelia Rau. Gigney made many reports
about Anna to management, without effect. Carol Wiltshire was deeply concerned
about a woman who had not left her room for 10 months. She was catatonic,
covered in bedsores and unable to tend to her small child. Wiltshire's
supervisor suggested she "poke her with a stick and see if she's still alive".
It was another month before she was transferred to Adelaide's Glenside mental
health facility. Understaffing was significant and chronic. Often an officer as
young as 20 would be left alone in a compound where three officers were
required, leaving them vulnerable and insecure. Sean Ferris was alone at Baxter
when a riot broke out. He locked himself in the office, which was pounded with
stones and set alight. Simon Forsyth, then 21, faced a fire on his first shift
at Baxter. He did not know how to use the extinguisher. An October 2005 report
recounts the incident that ended Robertson's career. By then, Baxter detainees
were predominantly visa overstayers and criminals awaiting deportation. There
was a fight, Robertson was assaulted and "suddenly I lost control". "I was
really trying to hurt people; I had my hands around their throats." And that was
that. The once solid and reliable officer, mentor to fellow workers, finally
cracked. Battered, bruised and hysterical, he was driven home. When he said he
was fit to return to work three weeks later, he broke down, was subsequently
diagnosed with an adjustment disorder and has not worked since. Clive Skinn, a
Port Augusta local who worked at Woomera and Baxter, loathes all detainees.
Sitting uncomfortably on the couch in Robertson's lounge room, he is tense with
anger. "My body is full of hatred," Skinn says. He had not given refugees a
thought before he went to Woomera; he knew nothing about Muslims. On his second
day on the job, a detainee head-butted him. Another spat at him soon after.
Wiltshire says Skinn was never the same after having to cut down a man who
attempted to hang himself. Life became unmanageable. Skinn was quick to anger,
could not get on with his children, could not sleep. He awoke suddenly one
morning convinced that there were Muslims in his house. He seized a chair and
trashed the place, smashed windows and the TV, broke holes in the walls. He was
diagnosed with anxiety and depression and spent 18 months on workers'
compensation. While still profoundly affected, he holds down a job in an
underground mine at Roxby Downs, but the past catches up with him. "I'd like to
kill them all," Skinn says of detainees. "And I feel the same way about the
children. They were as bad as the parents." Gigney's breakdown was a consequence
of concern for detainees. He listened to their despair, smuggled extra milk
rations for children, and watched helplessly as they suffered physically and
mentally. A boy, 12, was among the three would-be suicides he cut down. Officers
who displayed compassion were held in contempt by many co-workers, and became
known as "care bears". The diminutive and softly spoken Annie Brown (not her
real name), 55, thought working at Baxter would be an opportunity to help the
unfortunate. Each day she would say to herself, "I've got 12 hours to make these
people's lives better." For this she was taunted and ridiculed by fellow
officers; for Annie, the worst part of work at Baxter was the attitude of many
co-workers. Annie's husband is also a former Baxter officer. "We were people who
had normal lives," Annie says through tears. "We don't have them any more."
After being ignored by superiors, she was diagnosed with post-traumatic stress
disorder, anxiety, depression and agoraphobia, and for a year could not leave
her house. Many people with post-traumatic stress disorder have to confront the
fact that what was normality is not likely to return. This is Rohde's reality.
"I want my life back," she says. "But the psychiatrist has said that I will
never be the person I was before. I have to try to learn to live with the person
I am now." Three years since his diagnosis, Robertson shows no sign of
improvement. For Kendall, life with Trevor is close to unbearable. She says he
is distant, obnoxious and arrogant. He gets angry with the children, impatient,
distracted. He does not go to bed until 3am, and rises late. As Jones and
Robertson do seemingly fruitless battle with bureaucrats, they are frustrated
that former detainees can pursue compensation for psychological damage but
former officers cannot. Gigney continues to try to find work. In his home town
of Whyalla the mining boom is in full swing, but being sound of body is not
enough for him to take advantage of it. He has just made his second attempt to
get a truck driver's licence. He would pulled over to answer his phone when a
water truck went past, triggering a flashback to the water cannon used during
riots at Woomera, and an incident involving children. He sat in the cabin and
wept. In the suburban Adelaide pub where she works as a kitchenhand, Wiltshire
shares a drink with another former officer, Barbara Zillner. The camaraderie
among former officers is akin to that between Vietnam War veterans - no one else
comprehends what they went through. In 2000 Wiltshire, a single mother doing it
tough, saw Woomera as a chance to escape the poverty trap. Like others, she
broke down, diagnosed with an adjustment disorder. Her road to recovery has been
hard, but she now holds down a job and a relationship. Having recovered a
measure of equilibrium in her life, she looks back and wonders at what she went
through. "I was proud to be a detention centre officer, protecting Australia's
borders. Then I changed. I became a monster, a cowboy, like all the other
officers. They were all driven crazy. When I look back, I just think - what the
hell did I do that for? To end up hating people for no reason."
March 3, 2006 Sidney Morning Herald
A DAY of turmoil in the nation's immigration system ended with the Federal
Government backing down on several fronts yesterday. It agreed to pay damages to
a boy traumatised in detention and allowed a deported Melbourne man to return to
Australia on humanitarian grounds. A damning report released by an independent
auditor yesterday also raised questions about a successful 2003 bid by the
immigration detention contractor GSL, whose contract the Government refused to
renew on Wednesday. In Sydney, an 11-year-old Iranian, Shayan Badraie, was
offered damages for trauma he suffered in Woomera and Villawood detention
centres. The move comes after a 63-day Supreme Court hearing. While in detention
between March 2000 and August 2001, the boy became severely traumatised after
witnessing riots, a stabbing and a string of other disturbing incidents. He
subsequently spent 94 days in hospital, and still requires treatment.
Commonwealth lawyers approached lawyers representing Shayan this week to offer a
settlement for damages. The exact sum will be fixed at a hearing this morning
but is expected to be more than $1 million. Meanwhile, the immigration detention
contractor GSL was found to have been hired even though it was more expensive
and provided inferior services to competitors, the National Audit Office
announced yesterday. GSL's bid was $32.6 million higher than that of the
incumbent detention centre operator, ACM, when the latter's bid expired. The
audit office found the basis on which ACM was paid $5.7 million after it missed
out on the contract was "doubtful", since the department was only required to
compensate for matters pertaining to detention. Immigration could not provide
evidence of the criteria under which the sum was paid. The audit also found the
head of the steering committee, which was heavily involved in the evaluation of
the bids, gave a reference for ACM's bid. An independent probity adviser told
the steering committee seven months later that this should not happen again.
October 10, 2005 The Age
Two asylum seekers who escaped from South Australia's Woomera detention centre
during a mass breakout in 2002 have been recaptured after more than three years
on the run. But nine asylum seekers who also escaped from outback Woomera during
the 2002 Easter riots remain on the loose, the immigration department said.
Dozens of other people were injured in violent clashes at the detention facility
during the breakout when protesters and detainees clashed with police and the
centre's security staff. Up to 20 detainees escaped the centre, including the
two young Bakhtiari boys, who later unsuccessfully sought asylum in Melbourne's
British Consulate.
September 6,
2005 Sidney Morning Herald
The first harrowing experience for five-year-old Shayan Badraie came with riots.
The chanting, the tear gas, and the water cannon that hit the
"container" where his family slept at Woomera detention centre in
August 2000 frightened him. After that he suffered from a series of broken
sleeps and had nightmares. Soon after the riots subsided the Iranian-born child
and his father walked by a man who threatened to cut his chest with a broken
pane of glass. The colour drained from his face, and he began to speak less and
less, his stepmother Zahra Saberi told the NSW Supreme Court through an
interpreter yesterday. "He went and sat on his bed and he started crying
and was shaking," she said. "His sleep was very bad … in his sleep
he would scream. He said something in his sleep … he was scared. He was
thinking that person [with the broken glass] would kill him."
September 5,
2005 The Age
An Iranian boy at Woomera detention centre who witnessed a fellow detainee
threatening to cut himself feared the same man was going to kill him, a NSW
court has been told. Shayan Badraie was only five when he saw another detainee
at South Australia's Woomera Detention Centre threaten to cut himself in the
chest with a large broken piece of glass. Now aged 10, Shayan is suing the
federal government over the two years he spent in immigration detention at
Woomera, and Villawood in Sydney, from March 2000. His legal team claims the boy
developed post-traumatic stress at the detention centres where he was exposed to
violence, riots and acts of self-harm. They are seeking compensation from the
government and the detention centre operators, Australasian Correctional
Services and its subsidiary Australasian Correctional Management, claiming they
are liable for Shayan's psychological suffering.
September 2, 2005 Sidney
Morning Herald
Woomera detention centre in the South Australian desert so frightened a little
Iranian boy he developed post traumatic stress disorder, the NSW Supreme Court
has heard. In the first his five years of his life before arriving in Australia,
Shayan Badraie was a normal youngster, who enjoyed playing with other children
his age. But within a month of arriving at the Woomera detention centre he was
terrified by constant chanting and rioting by other detainees. And he refused to
leave the caravan-style accommodation in which he was living. Shayan, now aged
10, is suing the federal government over the two years he spent in immigration
detention at Woomera in South Australia, and Villawood in Sydney, from March
2000. The boy is seeking compensation from the government and the detention
centre operators, Australasian Correctional Services and its subsidiary
Australasian Correctional Management, claiming they are liable for Shayan's
psychological suffering. If the test case succeeds, other detainees may sue the
government for millions of dollars in damages.
August 29, 2005
Sidney Morning Herald
When former Immigration Minister Philip Ruddock was advised an Iranian family
should be released from detention for the welfare of their traumatised son, he
apparently said there was "Buckley's" chance, a court has been told.
Shayan Badraie, now aged 10, is suing the federal government over the two years
he spent in immigration detention at Woomera in South Australia, and Villawood
in Sydney, from March 2000. If the test case succeeds, other detainees may sue
the government for millions of dollars in damages. Shayan's legal team told the
NSW Supreme Court the boy developed post-traumatic stress after being exposed to
violence, riots and acts of self-harm at the detention centres. They are seeking
compensation from the government and the detention centre operators,
Australasian Correctional Services and its subsidiary Australasian Correctional
Management, claiming they are liable for Shayan's psychological suffering. Fleeing religious persecution in Iran, Shayan was five years-old
when he and his parents were detained at Woomera after arriving by boat in March
2000. Dr Morrison said the defendants should have known that placing a young
child in immigration detention might have exposed him to numerous traumatic
events and caused him harm. In March 2001, he and his
family were transferred to Villawood but this "further aggravated and
exacerbated his fragile psychological state", Dr Morrison said. There, the
court was told, Shayan was apparently force fed, saw a detainee cut his wrists
and was exposed to violence and intimidation from detention officers and other
detainees.
August 23, 2005
The Age
A CHILD who was so traumatised by his time in detention centres that he
psychologically "shut down" will make legal history when he sues the
Government next week. Former child detainee Shayan Badraie, now aged 10,
suffered post-traumatic stress after being exposed to riots and witnessing
suicide attempts and violence in detention. Since 1999, close to 3900 children
have been held in detention centres across Australia. Some have been born in
detention. Many have been detained for years. The couple
are also suing Australian Correctional Services and Australian Correctional
Management, the operators of the Woomera and Villawood detention centres, where
Shayan was held for almost two years from the age of five. In May 2002, the
Human Rights and Equal Opportunity Commission found that Shayan's detention
breached the United Nations Convention on the Rights of the Child. It found
Shayan's continuing detention was "unjust, unreasonable and unproportional",
and recommended the Government pay the Badraie family $70,000 for Shayan's
suffering and the costs of continuing psychiatric counselling.
October 22, 2004 Sidney
Morning Herald
An Iranian asylum seeker was provoked into escaping from the Woomera detention
centre because of the misery of captivity, a court heard today. Lawyers for
detainee Mahran Behrooz today urged the Adelaide Magistrates Court not to record
a conviction for the escape, for fear it would hamper his application for a
temporary protection visa. Behrooz, who fled his "fanatical" Muslim
family in Iran after expressing an interest in becoming a Catholic, escaped from
the detention centre because of taunts from Muslim detainees that he should be
beheaded because of his Christian belief, Mr Manetta said. Mr
Manetta said several hours after Behrooz escaped, he realised he had done the
wrong thing and sat on a road to wait for guards to find him. "He said ...
'I wanted the pain to stop so I just ran away. After five kilometres, I decided
this was not a good thing. "The pain he refers to is the conditions at
Woomera and, in particular, the regular persecution because of his religion by
other inmates who were Muslims."
August 6, 2004
The High Court today rejected an asylum seeker's claim that harsh conditions
justified his escape from the Woomera Detention Centre. The court ruled
6-1 to dismiss an appeal lodged by Mahran Behrooz, an Iranian national and one
of six who escaped from the detention centre in South Australia's outback in
November 2001. Three of the six - Mr Behrooz, Mahmood Gholani Moggaddam
and Davood Amiri - were subsequently charged under the Migration Act with
escaping from immigration detention when they appeared in the Port Augusta
Magistrates Court. Mr Behrooz had been held at Woomera for a year before
escaping. In court, he and his colleagues argued that conditions there
were so unpleasant that detention was punitive and not authorised by the
Migration Act. The respondents, among them the Department of Immigration
and the operators of the Woomera centre Australasian Correctional Management
(ACM), unsuccessfully argued that this was an abuse of process and the summonses
should be set aside. The Department, ACM and other respondents then turned
to the SA Supreme Court which ruled in their favour. The Full Court of the SA
Supreme Court then refused Mr Behrooz and his compatriots leave to appeal,
concluding that even if documents were to show that conditions at Woomera were
harsh, this was no defence to charges of escaping. The three then appealed
to the High Court. But it was only Mr Behrooz who saw the case through to the
end as Mr Moggaddam and Mr Amiri have since been deported. The High Court
held that he had no right to escape from Woomera even if he could show that
conditions of detention were harsh. The court did say he would be entitled
to seek legal redress for any civil wrong or criminal offence and information
yielded by the summonses might have assisted to demonstrate that conditions of
detention gave him a case for redress. But it would not assist his
argument that he was not in immigration detention, or that he was entitled to
escape. Therefore the summonses did not have a legitimate forensic purpose.
In a dissenting decision, Justice Michael Kirby said there was a substantial
body of disturbing evidence to indicate detention centre conditions were
inhumane and intolerable. That involved gross overcrowding, broken toilets
plus a lack of privacy, medical and dental facilities. Justice Kirby said
Mr Behrooz should have been allowed to make his case of inhumane detention.
(The Age)
July 19, 2004
Two teenage boys refused asylum by British diplomats in Melbourne after escaping
from the Woomera detention centre will open a legal challenge against the
British Foreign Secretary in London later today. The boys joined a mass
break from the Woomera centre in June 2002 to escape what the Australian Human
Rights and Equal Opportunities Commission called the inhuman and degrading
treatment of child detainees there. (The Age)
October 26, 2003
The family of an Iranian boy said to be severely traumatised by 15 months in
an Australian detention centre will today take legal action against the Federal
Government and operators of the detention centre. Josh Bornstein, of the
law firm Maurice Blackburn Cashman, will seek damages from the Department of
Immigration and Multicultural Affairs and Australasian Correctional Management,
which ran the Woomera and Villawood detention centres. A spokeswoman for
the law firm said the claim would be for a substantial amount. (The Age)
July 10, 2003
An Iranian detainee at Woomera during the riots at Easter last year says she was
sprayed with tear gas and her son beaten as women and children tried to stop a
fight between guards and detainees. The woman, who is now being held at
South Australia's Baxter detention centre and cannot be identified, was called
to give evidence yesterday over a complaint lodged last August with the Human
Rights and Equal Opportunity Commission. Appearing without legal
representation, the woman said she could have escaped with 50 others during a
breakout last year, but chose not to. "Where would I escape to?"
she asked the hearing chaired by Stephen Roder, delegate for Human Rights
Commissioner Sev Ozdowski. "I do not want to live in this country
illegally." The woman - who was separated from her husband at the
time - said she was one of 12 women and children who tried to stop a fight on
March 29 in Woomera's Oscar compound between detainees armed with sticks and
stones and guards in full riot gear. When ordered to leave by an
Australasian Correctional Management field commander - who she said was
"very, very angry" - she refused, hoping the presence of women and
children would end the confrontation. "We wanted to stop them with
our children," she said. "Every time in our opinion they respected
women and children and I was a woman with my child." Instead, she
says she was gassed without warning, twice from one side and once from the
other, and as she retreated, her son, then seven, was beaten across the legs.
"It was very quick and then I heard a sound, hiss, hiss," she said.
"He (the ACM field commander) didn't say he wanted us to stop. I heard a
sound and I could feel it in my face and I understood what was happening."
Overcome with pepper spray burning her eyes and face, she half-carried her son
towards an accommodation hut, demonstrating to the hearing how she tried to
protect him with her body as a guard hit him across the legs. A medical
report issued four days later when her son was seen by a doctor at Woomera found
bruising across his right shin and the inside of his left knee. During
cross-examination, counsel for ACM, Michael Evans, questioned the detainee about
what was known in advance about the likely presence of protesters and media at
Woomera during Easter last year. The woman, who was then the female
delegate for November compound at Woomera, said she was very upset and felt
hopeless after being rejected by the Refugee Review Tribunal and wanted to
highlight that women and children were in detention. "I thought even
the Australian people did not know Woomera was here and I wanted to show we were
women and children and there were many families in there," she said.
"It was the end of the world for myself... I came here for protection but
they didn't care about that." Mr Evans told the hearing nothing
supported the woman's complaint that medical care at the centre was inadequate.
In evidence to be heard today, ACM will deny the gassing and beating occurred
and is expected to call witnesses. Among those to be called will be former
Woomera detention centre manager Peter McIntosh. (The Age)
June 23, 2003
Australian detention centres are having to deal with an unexpected consequence
of keeping young Afghan, Iranian and Iraqi asylum seekers in long-term detention
- they are marrying Australian women. There have been four weddings in
South Australian detention centres this year, including two in the past two
weeks. An Adelaide woman married an Iranian detainee inside Woomera in March and
since then there have been three weddings at the Baxter detention centre near
Port Augusta. In the most recent wedding at Baxter last Monday a Melbourne
woman married an Iranian detainee in the company of a small party of family and
friends. Another Melbourne woman married an Iranian detainee at Baxter a
fortnight ago, in late April a young Afghan detainee married a woman from
Canada, and more weddings are said to be planned. In another highly
unusual relationship, a former Australasian Correctional Management guard at the
Woomera detention centre, Liz, had a clandestine 12-month love affair with an
Iranian detainee whom she met in the centre's high-security Oscar
compound. Liz resigned from ACM in February this year over the affair.
"I ended up telling a supervisor, I had so much guilt," she says. Liz
returned to Canberra following the relocation of her Iranian boyfriend to the
Baxter centre at Port Augusta just before Easter. "I'd sneak in to see him.
It was really sad because most of the time we just talked and held fingers
through a fence. It shouldn't be like that." The detention centre
marriages will not provide the detainees with access to Australian visas, at
least in the short term. A South Australian migration agent, Libby Hogarth, says
marriage will not advance a refugee claim but could provide humanitarian grounds
for a visa at a later date. She says this will be strictly screened to weed out
abuse of the spouse system. "The [Immigration] minister would be
wanting to really make sure that people had not just married to get a visa
," Hogarth says. "So if they had only been married for a few months in
detention and they had never been living together, I don't think they would have
much chance. There would be no real evidence of a genuine marriage as such
except for a marriage certificate." A Department of Immigration and
Multicultural Affairs spokeswoman who confirmed the weddings says they would
have no impact on refugee claims. She says detainees are free to marry and that
conjugal visits had been requested but not agreed to. A guest at the
Woomera wedding says the compound had been decorated by asylum seekers and staff
although restrictions were placed on wedding photographs. "It was a joyful
occasion, there was dancing and a banquet with a lot of traditional Iranian
dishes cooked and served by detainees," the visitor says. "The centre
did all it could within the limits to make it as joyful as possible."
A second wedding, at the Baxter detention centre 12 kilometres from Port
Augusta, took place in late April between a young Afghan man and a Canadian
woman who heard about him from a Canadian friend. The bride, who was born in
Tanzania, told the Herald by phone from Canada that she would not discuss
their marriage. "We are nowhere near bringing him home and I would hate to
jeopardise anything for him," she says. Guests at her weddings say it
was a joyous affair, held on a lawned area of the detention centre where a
cellist played from Bach's Cello Suites. Community groups and refugee visitors
together provided four wedding cakes iced with marzipan and figures of the bride
and groom on top. "There was real joy in the air," a guest
reports. "There were particular moments where you actually forgot you were
incarcerated." The former ACM guard says it was "love at first
sight" for her at Woomera. "Of course I was an officer and this had to
be something that was under wraps; I mean nobody knew about this," she
says. "We were sneaking letters to each other and I was trying to see him
as much as I could." Liz, 47, says she will wait to marry her
boyfriend because she wanted a beautiful wedding. "I would [marry him]
tomorrow but I want it to be nice," she says. "I want a romantic
wedding set somewhere beautiful, not inside Baxter where everything is
controlled." The marriage celebrant who performed last Monday's
service declined to comment on the service: "I have performed a lot of
marriages and they are all different." (Smh.au.com)
May 27, 2003
The Australian Federal Police has agreed to launch a formal investigation into
claims of mismanagement at the now defunct Woomera detention centre, Greens
Senator Bob Brown said today. On the program former staff at Woomera
accused Australasian Correctional Management (ACM) of ignoring warnings of a
mass breakout, covering up child sexual abuse and lying to the government about
staff numbers to boost profits. Senator Brown said he had obtained a legal
opinion from Melbourne lawyer Brian Walters, SC, on the program. "He
was looking at the evidence, potential criminal behaviour in the doctoring of
documents about the staff levels and the service delivery levels," Senator
Brown said. Senator Brown said anyone who defrauded the government may
face up to five years in prison and the federal police would investigate all the
allegations made in the program about criminal offences taking place at Woomera.
A Senate estimates committee was told yesterday the Commonwealth Ombudsman's
office was investigating conditions at immigration detention centres.
"There have been more than 25 reports and investigations just in the last
few years revealing the huge damage being done to children and adults in
detention centres," Senator Bartlett said in a statement. "The
inhumane treatment they are receiving must stop," he said. (Smh.au.com)
May 27, 2003
The Australian Federal Police say they are considering a formal investigation
into claims of mismanagement at the former Woomera detention centre. The
AFP has disputed Greens Senator Bob Brown's earlier claim that it had begun an
investigation into the claims. The Australian Federal Police (AFP) was
still considering today whether to launch a formal investigation into claims of
mismanagement at the now defunct Woomera detention centre. Senator Brown
last week handed a tape of an ABC Four Corners Program to federal police
commissioner Mick Keelty. On the program former staff at Woomera accused
Australasian Correctional Management (ACM) of ignoring warnings of a mass
breakout, covering up child sexual abuse and lying to the government about staff
numbers to boost profits. Senator Brown said the police had agreed the
allegations should be investigated. (The Age)
May 21, 2003
Immigration Minister Philip Ruddock revealed yesterday that ACM, the private
company contracted to run Australia's immigration detention centres, had
previously been forced to pay financial penalties to the Commonwealth for
failing to meet its contractual obligations. Mr Ruddock said he had
instructed his department to investigate the allegations made by a former
Woomera operations manager, Allan Clifton, that ACM defrauded the Government of
millions of dollars by misrepresenting staff levels and health and education
programs provided to detainees. ACM management last night rejected claims
that it had defrauded the Commonwealth, with the company's managing director,
Ross Millican, accusing the ABC's Four Corners of putting to air
"serious factual errors and half-truths". Mr Ruddock said that
if there had been a breach of contract it would be pursued to ensure that the
interests of the Commonwealth were protected. The minister said ACM was
required to detain and manage people humanely under its contract by providing a
full range of services to detainees. "In some circumstances they
(ACM) did not do this. When they didn't, there were sanctions," he said.
The Federal Opposition, refugee advocacy groups, includ-ing the Refugee Council
of Australia, and the Greens, yesterday called for an independent inquiry into
the administration of Woomera after claims of fraud, a cover-up of child abuse
allegations and general mismanagement made on Four Corners on Monday. (The
Age)
May 20, 2003
Allegations of a systematic cover-up of child abuse, ignoring warnings of a mass
breakout and lying to the government about staff numbers to boost profits at the
former Woomera have prompted calls for a royal commission into Australia's
refugee detention centres. The allegations concerned a 12-year-old boy who
some staff feared was being forced to work as a prostitute. Nurse Rowena
Henson claimed she was p |