Section 2: Major Themes by Decade

• 1970s

• 1980s

• 1990s

• 2000s

1970s

INCARCERATION RATES

Juveniles - 1973 - 1987/88 - some evidence of substantial increase in juveniles apprehended for crimes.  Female juvenile involvement consistently (except for robbery) increased more than male juvenile involvement, with a decline in the period up until 1990/91 overall.  Indigenous children in 1987-91 were detained at 30 - 40% in detention centres, and were more concentrated at the ‘most intrusive end of the juvenile justice system - 65.7 % of all ATSI youth under a juvenile corrective order were under a care and control order as a result of an offence, and 27.8% were under a supervision order (c.f. corresponding figures of 42.8% and 45.1% respectively for non-ATSI juveniles) (CJC: 1992).

MAJOR INQUIRIES

1974 - Bredauer Report released

The Breadhauer Report reviewing the circumstances surrounding major disturbances at Boggo Road Gaol recommended a reorganisation of the somewhat notorious facility - well known for its appalling conditions.  The reorganisation involved demolition and reconstruction of One Division to create a supposedly more humane institution (with greater inmate privacy) through construction of an open square with two or three levels of cells forming the prison walls.   New ‘Black Hole' cells were also constructed under basketball courts and contained no windows or natural light, but they were more comfortable than their counterparts in the older sections of the prison.  The Report also recommended that the weekend detention scheme introduced in 1970 be abolished; that there be better strategic planning developed around prisoners with addictions; and that the Prisons Department be renamed the Department of Corrective Services.

1978 - Qld Law Reform Commission's Working Paper on Bill to Amend the Law in   
Relation to Bail (No. 20) (1978)

The Paper examined current Queensland provisions relating to bail found in the Justices Act 1886-1997, the Criminal Code and other legislation.  It recommended that cash bail
provisions be retained; that there be statutory enactment of a right to bail; and that, although discriminatory, the use of sureties ought to also be retained.  The Paper sets out a draft Bail Bill which formed the basis of the Bail Act 1980 (Qld).

1976 - Commission of Inquiry into Youth (1975) (Demack Report) released

The Demack Report led to significant changes between 1976-1979, reflecting reliance upon psychology and other ‘social science' approaches to offending in relation to juveniles.  Thus, psychologists were employed at Westbrook Training Centre to help detained children; youth support services focused on youth homelessness and other social problems; duty lawyers commenced work in Children's Courts; and there was a decrease in the number of care and control applications by police and department officers (McCartney, Lincoln & Wilson 2004: 37) 

1980s

INCARCERATION RATES

Adults - 1988-9: 16,000 were in some form of correctional care, custody or supervision (586 per 100,000, 86% male).  During this period, there was an all time high of 6,885 admissions to Queensland prisons (c.f. 1979-80 - 5,016 persons were admitted to prison either as remanded or sentenced prisoners).  The CJC has indicated that this was, in part, due to a real emphasis upon law and order issues in public and political arenas in the 1980s, as well as the opening of four new facilities (Lotus Glen, Sir David Longland, Moreton and Borallon) and a reluctance on the part of prisoners to be involved in non-custodial options such as home detention due to the stringent supervision requirements involved.  Around 20% of the prison population was Indigenous (CJC 1991).

MAJOR LEGISLATIVE CHANGES

1980 - Bail Act (1980) passed

1984 - Community Services (Aborigines) Act 1984

Section 39 of this Act enabled Aboriginal councils, with ministerial approval, to appoint Aboriginal police with duties that included watchhouse keeping, enforcement of community by-laws, and prosecutorial duties in the local Aboriginal court.  It also sought to create a new regime for regulation and control of Aboriginal trust areas, including new provisions for the operation of Aboriginal courts.   Aboriginal courts were to have criminal jurisdiction for certain breaches, regulations and local by-laws, as well as having a mediation role in disputes.   Regulation 23 (1985) provided that the procedures and decisions of an Aboriginal court should be the same as for magistrates, thereby making it more formal in terms of process.  

1988 -Corrective Services Act 1988, Corrective Services (Administration) Act 1988 and Corrections Services (Consequential Amendments) Act 1988 repealed Prisons Act 1958.

Changes included those relating to Probation and Parole (see below - Major Policy Changes); establishing the Queensland Corrective Services Commission (see below - Major Inquiries).

1989 - The Domestic Violence (Family Protection) Act 1989 introduced

This legislation was introduced as a result of the work of the Queensland Taskforce on Domestic Violence, established in 1989 and the Taskforce's report Beyond these walls (Queensland Task Force on Domestic Violence 1988).  The Task Force was established in the wake of a number of highly-publicised incidents of domestic murder-suicide and sustained lobbying of the Family Services Minister by community groups fearing level of domestic violence in the State.

Notably, applications under this Act are civil, not criminal, creating considerable controversy in relation to the ‘trivialising effect' of such an approach (Douglas & Harbidge 2008: 97; see also Douglas & Godden 2003, Douglas 2007).  However, breach of a family protection order is an offence.  The impact upon the Magistrates Court has been described as ‘staggering' - in 2005-06, 32,375 protection orders were made by Magistrates Courts (Douglas & Harbidge 2008: 98).  Non-contact orders, however, can also be made under Pt 3A of the Penalties and Sentences Act 1992 (Qld), where an offender is found guilty of an indictable offence committed against a person, with more serious penalties attached to breaches of such an order (Douglas & Harbidge 2008: 267).

MAJOR INQUIRIES

1984 - Sir David Longland Report into HM Prison Brisbane (Boggo Road) -

1987-1989 - Commission of Inquiry into Possible Illegal Activities and Associated Police Misconduct (Fitzgerald Inquiry)

Wide-ranging inquiry into police corruption which led to establishment of Criminal Justice Commission (later the Crime and Misconduct Commission (http://www.cmc.qld.gov.au/asp/index.asp)) and to the instigation of the Kennedy Review (see below) (as well as major changes to police practice, culminating ultimately in the Police Powers and Responsibilities Act (Qld) 2000 (for discussion, see ch.s 2 and 3, Douglas & Harbidge 2008)).  Covering the entire criminal justice system in Queensland, the CJC's role has been to investigate and report on official misconduct within the police force or broader public administration, as well as engage in law (and law enforcement) reform and foster relationships between relevant agencies and State in relation to criminal justice.   Its work has related to penal issues.

1988 - Commission of Review into Corrective Services in Queensland 1988 (Kennedy Report (Final Report)(August 1988) & Interim Report (May 1988))

In 1987, with escapes, increasing disturbances (riots in March, June and December), overcrowding, industrial unrest, and widespread media criticism in relation to Boggo Road Gaol, the Government approved the terms of reference for a Commission of Review into Corrective Services in Queensland.  The review was also allegedly initiated as a result of the Fitzgerald Inquiry investigations uncovering widespread Government and police corruption.  The review was to cover future directions of corrective services; prison management, layout and efficiency; recruitment, training, development and promotion of prisoners; and prisoner welfare.  It was extremely large in scale.  The Review Committee visited all prisons and received 1000 submissions, both written and on cassette.  At least one third of all prisoners provided a submission to the review.

Wide-ranging, major reform resulted from the final Kennedy Reports, released in 1988, The review described the system as it stood to be almost completely ineffective in implementing its agreed goals.  The reports set out recommendations for a more humane correctional system (including naming prisons ‘correctional centres' and an Official Visitors program, for instance); establishment of an autonomous statutory body, Queensland Corrective Services Commission (QCSC) and Board (to take over the functions and staff of Qld Prison Service (1) and Probation and Parole Service, which had previously been separated (legislatively and administratively) to deal with custodial and community corrections); replacement of prisons and probation/parole legislation with more integrated corrective services legislation (Corrective Services Act 1988, the Corrective Services (Administration) Act 1988, Corrective Services (Consequential Amendments) Act 1988); and privatisation of some centres.  The preference for the QCSC over a government department reflected Kennedy's belief that community involvement and staff participation was required in corrective services, including at the highest policy-making level.  The QCSC was reviewed in 1999 (see Peach Review below), as required by the Corrective Services Act 1988.  Eight Commissioners were originally appointed from the legal profession, churches, ATSI community, rural sector, community services staff and the public sector (Bradshaw 1991: 22).

Queensland Corrective Services has suggested that the Kennedy review led to the following significant changes in corrections:
• design, construction and commissioning of new prison infrastructure to accommodate a substantial growth in the prisoner population;
• development of offender risk/need assessments, development and delivery of intervention programs;
• the introduction of educational and vocational training programs, and the employment of staff to deliver these services;
• introduction of case and sentence management designed to ensure that prisoners and offenders are managed in accordance with the court's sentence and their individual needs;
• enhancement of graduated reintegration processes through the development of the Work Outreach Camps (WORC), the Women's Community Custody Program (WCCP) and the Indigenous community correctional centres;
• implementation of a purchaser/provider model of corrective services, including direct competition between the public and private operators; and
• introduction of significant work practice reform through the negotiation of new award provisions and enterprise bargaining agreements designed to introduce flexibility and efficiency into custodial operations, including 12-hour shift rosters on a statewide basis
(DCS: Annual Report 2003/04).

Walsh suggests that the emphasis of the new system was on ‘corrections', including in terms of both the rehabilitation of prisoners and the diversion of offenders away from the prison system via sentencing alternatives and a graduated scheme of release.  Following reform, recidivism rates fell, the proportion of prisoners subject to community corrections (as opposed to secure custody) increased, and prisoners in secure custody had access to a number of rehabilitative and educational programs (see also Evans n.d).  However, Walsh suggests that many of the problems present in the system and identified by Kennedy have recently re-emerged.  For instance, ‘Ministerial interference with the discretion of the (Community Corrections Board), in the form of Ministerial Guidelines, has led to increased conservativism in release decisions, consultation with community stakeholders is at an all-time low, and physical security and confinement have been prioritised over rehabilitation' (Walsh 2004: 36)

1980s - Reports into Townsville and Rockhampton? 

Two reports into Townsville (Queensland University of Technology Community Development and Crime Prevention Unit) and Rockhampton  (Paul Lunney of Government Division of Workplace Health and Safety - trying to source from Qld Parliamentary Library) prisons suggested that the level and quality of staffing was to blame for the unacceptably high rate of inmate assaults, including a serious assault on prison officers in the prison laundry at Townsville.  This assault led to an industrial dispute.  The reports focused on working and living conditions, and criticised management performance, exposing staff attitudes and practices that were sustained by insufficient training and a lack of understanding of the reform process.

MAJOR POLICY CHANGES

1986 - Staff training and other policy changes - Corrections

• The Prisons Department Staff Training College opened in January at the Wacol precinct;
• Probation and Parole were regionalised into three different sections across the State;
• A performance monitoring system was implemented for each prison in the state.  This system was intended to provide management with best advice on strengths, weaknesses and needs; 
• Program Units began operating in each prison - staffed by an education officer, welfare officer, psychologist and activities officer; 
• Queensland was the first state to introduce compulsory AIDs testing in prisons and policies and procedures were introduced for prison officers in handling AIDS patients;
• The first prisoner handbook, to be given to prisoners upon reception, was produced. 

1988 - Case management - Corrections

Case Management was introduced at Brisbane prison in 1988, and then later to all centres.  This meant that each facility had a Manager (Programmes) and other professional staff such as Education Officers, Activities Officers and Correctional Counsellors with a role to ensure that each prisoner is properly assessed and is effectively case managed. 

1988 - Probation and Parole

Prior to the promulgation of the Corrective Services Act 1988, the Queensland Parole Board was the only authority in the state with the legislative power to release prisoners on parole.  In order to involve the community in the decision making process relating to the release of prisoners, the Kennedy Review recommended the abolition of the Queensland Parole Board and the introduction of a two-tier system of Community Corrections Boards. The upper Board would be known as the Queensland Community Corrections Board and would be responsible for the transfer to community supervision of all prisoners serving sentences in excess of five years. As well as the public sector members, the Queensland Community Corrections Board comprised three representatives of the community, to include a female, an Aboriginal or Torres Strait Islander, and a lawyer with an interest in corrections and civil liberties.  In addition to considering the release of prisoners to Parole, Community Corrections Boards also considered all applications for transfers to home detention, release-to-work and extended leave of absence (over seven days).

The lower tier of Community Corrections Boards comprised Regional Community Corrections Boards and they also had community representation.  These boards had jurisdiction over the release to community supervision of all prisoners serving sentences of five years or under and considered applications for a similar range of community supervision options.  Six such boards were constituted throughout the state to service the Correctional Centres in their localities.  Prisoners (or their non-legal representatives) had a right of appearance before a Regional Community Corrections Board.

Bradshaw discusses the professionalisation of Probation/Parole in the early 1970s (Bradshaw 1991).  Cadetships were offered to undergraduates in Social Work at the University of Queensland from 1967.  Those on staff who did not have tertiary qualifications were required to complete in-service training conducted by University and other professionals.  It also grew substantially, and by 1981 there were twenty relevant centres operating.  A Queensland Probation Officers Association was also formed in 1985, after pressure by Probation Officers. 

PRISONER/OTHER RESISTANCE

1983 & 1986 - Riots at Boggo Road

The 1986 riot resulted in extensive structural damage.  It emanated from Two Division of the Gaol, which was being used to accommodate the most disruptive prisoners in the State, and was as a result of provision of inadequate facilities that had not changed since the Victorian era, whilst contemporaneous staff unrest was due to attempts by the prison service to modernise management practises. 

VULNERABLE POPULATIONS

1988 - Kennedy Review 

The Review made some reference to needs of ATSI prisoners.  It was recommended that there be Indigenous liaison staff; that accommodation should be available for those who wished to reside with others of their race and culture; and that Indigenous communities ought to be involved in delivery of justice to Indigenous people. 

1989 - QCSC appointed an Indigenous person as the first Senior Advisor, ATSI Issues - Corrections

1990s

INCARCERATION RATES

• From 1993-4 to 1995-6, there was a 77% increase in admissions (on 30 June 1996, there were 3,538 prisoners).  This increase was due, to some extent, to the Ministerial Direction that prisoners not be held in watchhouses for more than 7 days (see CJC Watchhouse Inquiry above).   The overall occupancy rate of the prison system on 30 June 1996 was at 122 %, c.f. 108% one year before (CJC 1997a).  Between mid-1992 and mid-1996, remand numbers grew by 154% (CJC 1997b).

• The QCSC reported that at 30 June 1997 there were 3852 adult prisoners in Queensland prisons, and by 31 March 1998, that had increased to 4492 (an increase of 17%). Prison occupancy rate was at 132% in March 1998 (with female centres having an occupancy rate of 170% each).   Community custody facilities continued to be under-utilised (CJC 1998).

• Sentenced offenders continued to rise in 1997-8, with admissions 36% higher than in 1996-7.  The QCSC reported that on 30 June 1998, there were 4478 adult prisoners and by 1 January 1999, there were 4663 prisoners.  Indigenous prisoners remained at about 23% of the adult prison population. Overcrowding was still an issue, with the occupancy rate at 124% at 30 June 1998.  Brisbane Women's was at 149% capacity and Sir David Longland 143%.   Queensland's adult imprisonment rate of 189 per 100,000 was the highest of any State, with the national rate of 134 per 100,000 (CJC 1999).

It was predicted by the CJC that Queensland would soon have the highest imprisonment rate of any jurisdiction in Australia.  Despite the opening of the Woodford Correctional Centre in 1997, prison overcrowding continued.  Major contributing factors to the increasing population were a large number of cases being processed through the higher courts, and a rise in the number of appearances for ‘enforcement of order' matters in the Magistrates Court.  Magistrates and District Courts appeared to be more likely to sentence persons to imprisonment.  It was also more difficult to get early release since the issuing of new early release guidelines in 1997 and the replacement of the Community Corrections Board (see below) (CJC 1998).

MAJOR LEGISLATIVE CHANGES

1992 - Penalties and Sentences Act 1992 (PSA)

This legislation changed the way the justice system operated.   It consolidated legislation, but also changed procedural and substantive law, including by ordering sentencing options according to severity.   Pt 10 of the PSA was particularly controversial, as it allowed for indeterminate sentences on the basis of potential future danger to the community of an (sex) offender.  It also introduced ‘intensive corrections orders' - a harder-line version of probation - predicated by a perceived need for a ‘tougher' probation sentence that would be more effective in reforming offenders than the traditional probation, which had been seen as ineffectual. The PSA was subsequently amended 17 times.   

1992 - Juvenile Justice Act (and Children's Court Act)

By the 1990s, increasing concern over the adequacy of the Children's Services Act 1965 and the fall from grace of the welfare model in dealing with juvenile offenders finally saw new legislation enacted encompassing a different, tougher approach.  The Act provided courts with greater options for sentencing - reprimands, restitution orders, good behaviour bonds, fines, probation orders, community service orders ranging from 20 to 120 hours, detention orders ranging up to 10 years for the most serious offences and 14 years for offences that would attract a life sentence had they been committed by an adult. It emphasised personal accountability and responsibility for juveniles, and empowered a court to directly impose detention upon a child, whereas previously a child was committed to the care and control of the Director-General of the DFCS for up to two years, and the decision to detain was ultimately an administrative one.   It gave statutory recognition to police cautioning; reduced the range of indictable offences which could be dealt with summarily in the Children's Court; expressly set out sentencing principles (c.f. Children's Services Act); and made provision for a court to impose community service orders and to directly impose detention upon a juvenile. 

The CJC has noted that the Juvenile Justice Act led to the numbers of children in detention centres rising markedly, but this was due to increased rates of remand, resulting from provisions in the legislation (such as the requirement of a pre-sentence report and a child being placed in custody whilst the report is being finalised) (CJC: 1995).

1996 - Juvenile Justice Legislation Amendment Act 1996

This was much tougher again than the previous legislation, but received widespread support because of public concern about a supposedly growing juvenile crime problem.  The government heralded it as ‘a return to a more justice oriented model of dealing with juvenile crime'.  There was opposition to new provisions such as use of evidence of past police cautions, arrest, fingerprinting in the absence of arrest, availability of life sentences, and criminal liability of parents of offenders.   Community conferencing for juveniles was also introduced.

In July 1996, responsibility for juvenile justice was split - QCSC was responsible for youth detention facilities; Department of Families, Youth and Community Care for court support for juveniles and community based orders, and the Department of Justice for the administration of the Juvenile Justice Act 1992, policy development and program coordination.

1997 - Aboriginal, Torres Strait Islander and Remote Communities (Justice Initiatives) Amendment Act 1997

This legislation set out powers of ATSI Justices of the Peace.  The CJC reports that by 1998, there had been 13 ATSI Justice of the Peace appointments, and that the Act was clearly directed towards improving efficiency of the administration of justice on remote communities  (CJC 1998).

1997 - Criminal Law Amendment Act 1997, Penalties and Sentences (Serious Violent Offences) Amendment Act 1997 and Corrective Services Act

Criminal Code 1995 was repealed with a change of Government in 1996 and the Criminal Law Amendment Act was passed in 1997.   It created a number of new offences and broadened the operation of, and increased the penalties for, some existing offences (particularly violent and sexual offences).  The Penalties and Sentences (Serious Violent Offences) Amendment Act 1997 created a separate sentencing regime for those convicted of ‘serious violent offences', requiring them to service 80% of the term of imprisonment imposed, or 15 years, whichever is lesser, before being eligible for parole.  Both these amendments were predicted to increase sentences and the proportion of sentences of imprisonment that offenders serve in custody (CJC: 1997a).  The Corrective Services Act was amended to provide that a prisoner convicted of a relevant offence is not eligible for release on leave of absence or home detention unless the prisoner has served at least 15 years of a life sentence, or 80% of any other sentence; and those convicted of a serious violent offence are not eligible for remission.

MAJOR CASES

1997-  Government sacking and reinstatement of Community Corrections Board following offences by those on parole (see below)

MAJOR POLICY CHANGES

1990 - New Security Classification - Corrections

A new security classification system was introduced into prisons, establishing objective criteria for measuring a prisoner's progress in terms of risk to security.

1991 - Sex Offender Treatment Program - Corrections

This program commenced at Moreton Correctional Centre.

1995 -  Government splits purchaser and provider functions of QCSC

QCSC placed a bid to build the planned Woodford facility in SE Queensland, which subsequently led to reform, as those who had unsuccessfully tendered argued that QCSC had an unfair advantage as both purchaser and bidder.  Queensland Corrections (QCORR) was then established as a government-owned corporation providing correctional services in Queensland, as a result of recommendations made by the Queensland Audit Commission and the National Competition Policy Principles Agreement - splitting the purchaser / provider roles of QCSC.

1997 - Dismissal of members of Queensland Community Corrections Board (QCCB)

This represented clear Government interference in the decision-making capacity of the QCCB.  New members of the QCCB were appointed in June 1997.  In September 1997, the Minister for Corrective Services issued ministerial guidelines to the Board pursuant to s 139 of the Corrective Services Act 1988 which led to a marked reduction in the number of new applications for release received by the Board, and in number of applications for release approved by the Board.

1997 & 1998 - Programs - Corrections

A Trial Methadone Program was introduced at Townsville's Stuart prison and Brisbane Women's Prison and a Violence Intervention program also commenced.

1990s - Juveniles

In 1993, the ‘Youth Centre' became known as ‘Youth Detention Centre'.  In 1996, responsibility for juvenile detention was transferred to QCSC from Department of Families, Youth and Community Care, both changes in keeping with shifts in Government policy relating to juvenile offending.

MAJOR INQUIRIES

1991- Qld Law Reform Commission's - To bail or not to bail: a review of Queensland's bail law (Discussion Paper 35) (March 1991)

Paper sets out a number of recommendations in relation to current bail provisions, including whether there ought to be an automatic review of police bail refusals; what special provisions might be necessary for juveniles and Indigenous people; conditions of bail (including the need for greater legislative guidance); and consequences for failing to appear (at that time, a person might face two years imprisonment for this breach, to be served consecutively with any other sentence).

1991 - Criminal Justice Commission Inquiry - Report on a Public Inquiry into Certain Allegations Against Employees of the Queensland Prison Service and Its Successor the Queensland Corrective Services Commission

Allegations included that female prisoners at Boggo Road Gaol had been released on weekends to engage in prostitution, and that Correctional Officers had been involved in drug dealing, inter alia.  Allegations not found to be substantiated.

1993 -         Qld Law Reform Commission's The Bail Act (Working Paper No. 41) (Feb 1993)
and The Bail Act (Report No. 43) (June 1993)

This Law Reform Commission's review followed the 1993 Discussion Paper on the Bail Act, and made a number of recommendations:

• that Magistrates Courts ought to have power to grant bail for all offences;
• that police officers ought to have a duty to grant bail, as part of the presumption of the right to bail;
• that, in terms of criteria to be applied in determining bail, there ought to be three categories in line with those of NSW (probability of appearing in court; interests of person charged; and protection of community);
• that where bail is granted to a person committing a domestic violence offence, certain persons are notified;
• that a defendant's bail status ought to be automatically reviewed if still in custody after 8 days from date of grant of bail; and
• that the range of conditions which might be imposed be set out in legislation

1993 - Public Sector Management Commission's Review of the Queensland Corrective Services Commission 1993

As mandated by legislation, this Government-commissioned review of the QCSC was conducted in relation to the operation of that structure and achievements post-Kennedy Reports.  The final report was largely positive, but also made specific recommendations relating to overcrowding of Police Watchhouses; to the introduction of a position of Director (Community Corrections), as this area has been largely overshadowed by custodial corrections; to the need to evaluate the effectiveness of contract management of both custodial and community correctional projects; and to the enhancing of staff training and development.

1996 - Mengler, Report of the Commission of inquiry into drugs in Queensland Custodial Correctional Centres -

1996 - Criminal Justice Commission Report on Police Watchhouses in Queensland

A number of recommendations were made as a result of this investigation, including that legislation mandate that persons be detained for no more than three days in watchhouses before transfer, and that attention be given to reducing overcrowding in the custodial system. Just prior to the commencement of this report, the Minister issued a direction that no QCSC prisoners were to be held for more than 7 days before transfer.  The CJC particularly focused on the fact that overcrowding was a result of overcrowding in the QCSC custodial system, which meant that prisoners had to wait in watchhouses before being transferred to correctional institutions. Between 1993 and 1996, the adult custodial prison population increased by almost 70%, according to the CJC report, and, although capacity had also increased, there still remained a shortfall in terms of meeting demand. A number of recommendations were made in the final report, including that legislation mandate that persons are detained for no more than three days in watchhouses before transfer, and that attention be given in relation to reducing overcrowding in the custodial system (for instance, by addressing the current system for fine defaulters, or by examining whether community corrections orders are being sufficiently utilised, inter alia) (CJC 1996). (See CJC 1997 for update on status).

1999 - Corrections in the Balance: A Review of Corrective Services in Queensland - A Commission of Inquiry, Queensland Corrective Services Review (Peach Inquiry)

In 1999, a Commission of Inquiry into Corrective Services was established to conduct a review of the system that had been reformed by Kennedy, as required by the Corrective Services Act 1988.  The Peach Inquiry ultimately made 58 recommendations relating to organisational structure, accountability, Community Corrections, issues for Aboriginal and female offenders and the need to urgently revise and consolidate legislation.  A major recommendation was to abolish the Commission structure and return to that of a Government department, but to maintain stakeholder consultation via an Advisory Council and regular stakeholder meetings.  The inquiry noted that there were still too few ‘front-end' sentencing alternatives; and that the needs of specific prisoner groups, including Indigenous prisoners and prisoners with mental illness and intellectual disability, were not being adequately met.  It also emphasised provision of services to assist in the reduction of recidivism, with emphasis on rehabilitation programs, skill development through prison industries, and implementation of culturally appropriate needs based services for indigenous offenders.

This inquiry culminated in the passing of the Corrective Services Act 2000.  The Department of Corrective Services was also (however, on 28 August 2006 the Department became known as Queensland Corrective Services (QCS)).

1999 - Forde Report

The Government commissioned a former Governor - Forde - to investigate the treatment of children in licensed government and non-government institutions in Queensland during the period 1911 to 1999 (excluding foster care, but including detention centres).  The Inquiry made 42 recommendations, including those that related to youth justice, and led to initiatives such as establishment and funding of community-based support services specifically designed to assist people who experienced abuse in the institutions. (See the Queensland Community Redress Scheme).

VULNERABLE POPULATIONS

1990 - Indigenous recruitment policy - Corrections

The QCSC appointed an Indigenous person to manage implementation of the ATSI recruitment policy. 

1991 - Regional Report on Aboriginal Deaths in Custody Released

Commissioner Wyvill reviewed coronal and police investigations as a system and found them lacking, and also reviewed individual circumstances of each of the 17 deaths in custody and, in general terms, the socio-economic circumstances of ATSI persons in Queensland.

1993-6 - ATSI initiatives - Corrections

A General Manager and a Senior Adviser, ATSI Offender Development positions were created as a result of the 1993 Public Sector Management Commission's review of corrections.  An ATSI Staff Support Network forum was established.  In 1994, a Family Support Program for ATSI offenders and family members commenced.  A specific officer was appointed to provide mandatory training programs in ATSI Histories and Cultures to new recruits and permanent staff in 1994.  An ATSI Support Worker Scheme was introduced in 1996 as a pilot project at the Townsville and Sir David Longland Correctional Centres.

1993 - Community Justice Groups

Pilot Indigenous Community Justice Groups were established by Community Corrections at Palm Island, Kowanyama and Pomparraw in 1993 under the Local Justice Initiatives Program, a response to the RCIADIC.  More groups were formed in 1996-1998 at Cape York and Gulf Communities.  The CJGs have provided pre-sentence advice to judicial officers; visited incarcerated Indigenous people; and, at times, supervised offenders on community-based orders.  In 2001, their powers were formalised, with the PSA requiring a court to ‘have regard' to the views of community members in sentencing offenders (s 9(20(o)).  CJGs were also given a further legislative basis with the passing of the Community Services Legislation Amendment Act 2002, which created a new governance structure on remote Indigenous communities (including rules for membership and establishment, as well as new duties and responsibilities).  See also Juvenile Justice Act 1992, s 150

A Department of Aboriginal and Torres Strait Islander Policy Development review of the Local Justice Initiatives Program in 1999 was largely positive, indicating that the Groups had successfully assisted persons with bail applications and bail compliance, worked to maximize the use of community-based orders by, for instance, providing local programs for serving such orders, and assisted offenders to comply with their community-based orders and parole conditions.  In 1996-7, Magistrates Court appearances for juveniles in three pilot CJG communities were a third of the 1993-4 levels (CJC 1999).

1999 - Establish ATSI and Women's Policy Units - Corrections

DIVERSIONARY PROGRAMS

1990 - Beginnings of Work (on release) Program (WORC)

According to Queensland Corrections, the Work Program is one of the most successful prisoner rehabilitation programs in Queensland, injecting around $1.5 million a year into regional Queensland. The program - originally known as the Work Outreach Camps (WORC) program - began in early 1990 when a crew of prisoners and officers were sent to the flooded town of Charleville to assist with the clean up. The WORC Program officially started in June 1991 and by June 1992 there were 10 camps throughout Queensland. Now, almost two decades later, the program continues to provide regional communities with a valuable source of labour, while also providing prisoners with an opportunity to make reparation to communities and gain valuable skills, according to QCS.  Prisoners perform a multitude of tasks, including maintenance of fences, cemeteries, playgrounds and showgrounds, and participate in many restoration and general maintenance projects.
(http://www.correctiveservices.qld.gov.au/About_Us/The_Department/Key_Ini...)

A community consultation project was conducted in relation to the WORC Program in 2005, which recommended expansion of the program and better community consultation (through development of Community Advisory Committees) (2005).

The Government is now proposing to expand the Work Camp program to adapt all low security facilities into Work Camps (in line with recommendations contained in the 2005 Review of the roles and functions of Queensland Correctional Centres (see above)).  A Green Paper has been released by QCS - Reform of Low Security Custody in Queensland, and public consultation is being undertaken. 

For information on the proposed expansion of the Work Camp program, see the Ministerial Media Release.

1997 - Amendments to Juvenile Justice Act 1992 - conferencing

The Department of Justice initiated amendments to enable community conferences to take place for juveniles and victims.  Community conferencing has been established at Logan and Ipswich and enables police to divert juveniles from the court-based sentencing system.  Hayes and Daly have recently found that of 200 juveniles referred to conferencing in SE Qld between 1997-1999, just over half later committed further offences (Hayes & Daly 2004: 169).

2000

INCARCERATION RATES

2000 - CJC prisoner numbers project review - second stage report

The CJC considered increasing prison population in this Report, a study commenced in 1998.  The CJC indicated that the political environment since 1992-3, which emphasised getting ‘tough on crime', may have contributed to the growing population, as had a failure to utilise community-based sentencing options and an increase in imprisonment of fine defaulters (CJC 2000).  The CJC suggests that the 1990s emphasised tough law and order policies, in response to media attention relating to corrections and community concern about perceived rising crime levels.  (Further, in 1996-7, the QCSC established the Office of Sentence Management (OSM), which focused on assessing the risk of a prisoner upon release to the community in managing sentences.  As the OSM, some have argued, were conservative in their assessments, it was difficult for prisoners to be graded as low security, and thus eligible for community release programs.) 

In 1999 - 2000, after having years of steady increases in prisoner population (in June 1998, 189 prisoners per 100,000 adult population; 1999, 194 per 100,000; and in June 20000, 179 per 100,000 imprisonment rate), prison admissions and imprisonment rate both declined, although the State's rate was still above the national average.  ATSI prisoners made up 22% of total prison numbers.  At 30 June 2000, Queensland's prisons were operating below capacity.  The opening of Wolston Prison and Brisbane Women's Prison in 1999 had brought capacity down (CJC 2000).

Walsh also comments on prisoner numbers, indicating that Queensland's imprisonment rate has more than doubled over the last ten years, increasing from 88 (per 100,000 head of population) in 1993 to 181 in 2003.  Between 2002 and 2003, Queensland's prisoner population increased by 11%, the highest proportionate increase in prisoner population in Australia.  Queensland has the third highest rate of imprisonment in Australia and the fourth highest rate of community corrections orders. Queensland also has the fourth highest rate of Indigenous imprisonment in Australia. The Indigenous imprisonment rate increased dramatically over the last 10 years, from 971 to 1697.  It is now 12 times the rate of non-Indigenous imprisonment (as at 2004). Indigenous people comprise 22.7% of the prisoner population, compared with 20.6% ten years ago. Aboriginal women comprise 28% of all women in prison.  Women comprise 6.6% of the Queensland prisoner population, compared with only 3.8% ten years ago.  Recidivism rates are high, with 58% of men, 49% of women and 77% of Indigenous people in prison in Australia having been imprisoned before.  Also worthy of note, according to Walsh, is the fact that Queensland has a high number of prisoners serving indeterminate sentences; 6.4% of Queensland prisoners are serving indeterminate sentences compared with an Australian average of 4.1%.  This is likely to increase as a result of the passing of the Dangerous Prisoners (Sexual Offenders) Act 2003, according to Walsh (Walsh 2004).

MAJOR LEGISLATIVE CHANGES

2000 - Drug Rehabilitation (Court Diversion) Act - see below - Diversionary Programs

2000 - Corrective Services Act 2000

The legislation led to significant changes to sentence management, including abolition of supervised community release for prisoners serving under two years, which was replaced by unsupervised ‘conditional release' after two-thirds of sentence; abolition of all remissions; and inside prisons, there were changes to visits and security surrounding visits, as well as the system of official visitors and the treatment of breaches of discipline. 

Major changes were as follows:

• abolition of remissions on all terms of imprisonment imposed for offences committed after 2 April 2001;
• extinguishment of a prisoner's eligibility for remission on terms of imprisonment imposed for offences committed prior to 2 April 2001 if prisoner is granted release to work, home detention or parole during the period of imprisonment;
• prisoners sentenced to a term of imprisonment of two years or less will no longer be eligible for parole.  A new ‘conditional release order' has been created, which is available where the term of imprisonment has been imposed for an offence committed after 2 April 2001; the prisoner has served two thirds of the period of imprisonment; and has not been convicted of an offence committed during the period of imprisonment;
• clarification of search powers relating to prisoners and visitors to prisons;
• provision of powers of correctional officers to use reasonable and lethal force and clarification of the circumstances in which these powers may be used;
• statutory recognition of WORC and Women's Community Custody programs and of contractual arrangements with private prison operators;
• changes to jurisdiction of Queensland Community Corrections Boards and the Regional Community Corrections Boards.

2003 - Dangerous  Prisoners (Sexual Offenders) Act 2003 (DPSOA)

The DPSOA empowered the Supreme Court to order the ‘post sentence preventive detention or supervision of sex offenders who pose a serious danger to the community if released at their sentence expiry date' (Explanatory Notes, p.1, DPA), and thus to capture those at risk of ‘falling through the cracks' between the criminal justice and mental health schemes.  For those prisoners serving a period of imprisonment for a ‘serious sexual offence' (defined in Schedule to DPSOA as a sexual offence involving violence or against children), during the last six months of the prisoner's imprisonment, the Attorney-General can apply to the Supreme Court for orders under s. 8 of the DPSOA for continuing detention or supervision of a prisoner post-release (s. 5). 

This legislation was motivated by community and other concern in relation to the release of Dennis Raymond Ferguson in 2003 after serving a sentence for the kidnap and sexual abuse of three children in Queensland.  The first application under the DPSOA in 2003 was that relating to Robert John Fardon, who had a lengthy criminal history, including for relevant sexual offences.  This matter went to appeal in the High Court in Fardon v Attorney - General (Qld) (2004) 223 CLR 575, and the legislation was upheld as valid.  Douglas and Harbidge point out that the legislation is ‘popular with a community that is apparently focused on risk aversion, potentially at the expense of many of the established principles of criminal justice' (Douglas and Harbrige 291). 

In 2007, the Act was amended to allow for electronic monitoring devices to be used for those on supervision orders in the community (see Media Release) (See also A New Public Protection Model for the Management of High Risk Sexual and Violent Offenders (2008) below).

2005  - Terrorism (Preventative Detention) Act 2005 (Qld)

Terrorist suspects can be held for up to 24 hours initially, but in some instances up to 72 hours, with a public interest monitor (PIM) to be notified in the latter instance (although there are exceptions to the requirement to notify).  ‘Final orders', extending detention for up to 14 hours, can be made by a judge or retired judge of the Supreme Court.  Certain offences are created by the Act, such as that involving disclosure of the detention by certain persons (ss 64-8) (see Douglas & Harbidge 2008: 62)

2006 - Corrective Services Act 2006 (CSA)

Along with consequential amendments to the PSA, this legislation was underlined by a policy objective of ‘truth in sentencing' or a desire ‘to ensure that the sentence imposed by a court operates upon a prisoner for the whole period of imprisonment' (Explanatory Notes, Corrective Services Bill 2006 (Qld) p. 1).

The provisions have resulted in significant change in the areas of ‘safety orders' to separate prisoners from mainstream prisoner population for their own or others safety; breaches of discipline; removal of a prisoner's right to request a judicial review under the Judicial Review Act 1991 in relation to a decision made about security classification, transfer or placement; first recognition legislatively that there is a requirement to provide programs and services for rehabilitation purposes; and security classification.  A new system of classification was introduced, with three levels being utilised, according to risk criteria (the nature of the offence for which the prisoner has been charged or convicted; the risk of the prisoner escaping, or attempting to escape, from custody; the risk of the prisoner committing a further offence and the impact the commission of the further offence is likely to have on the community; and the risk the prisoner poses to himself or herself, and other prisoners, staff members and the security of the corrective services facility).  

In terms of release to the community, remission is now abolished for current and future prisoners, and conditional release is to be phased out. Parole will be the only option for early, supervised release into the community. Release to work and home detention will be replaced by parole with conditions. Prisoners who have been convicted of sex offences or serious violent offences or who are serving more than three years imprisonment must apply to a Parole Board for release to parole.  Prisoners may lodge an application for parole within 120-days of their parole eligibility date.  Three Parole Boards are to replace seven community corrections boards (the Queensland Parole Board, Southern Queensland Regional Parole Board and Central and Northern Queensland Regional Parole Board). The Queensland Parole Board will be the peak decision-making body, managing the reintegration of prisoners serving long sentences of more than eight years.
The Queensland Parole Board makes decisions on parole for serious offenders serving sentences of eight years or more.  The Regional Parole Boards make decisions regarding parole for offenders serving sentences in excess of three years but less than eight years.

Amendments to the Act in 2008 included ensuring that offenders exhaust existing complaints mechanisms before lodging a complaint with the Anti Discrimination Board (see media release)

MAJOR CASES

2003 - Dennis Ferguson (sexual offender) - see above

2004 - Palm Island death in custody

The death in custody in 2004 of Palm Island resident arrested (for creating a public nuisance) led to the (unprecedented) trial of police officer Hurley for manslaughter and assault after the ODPP had originally declined to lay charges against Hurley.  There was some controversy in relation to the latter decision, with the Director of the DPP referring to the incident as a ‘terrible accident'; the Crime and Misconduct Commission became involved, supporting the ODPP's position; and the Government took an again unprecedented step of seeking a ‘second opinion' in relation to the DPP decision by enlisting the services of retired justice Street.  Not only did Prime Minister Howard suggest that a federal royal commission may be required, but the Speaker of the Queensland Parliament lodged a petition calling for a royal commission into the incidents at Palm Island, and Premier Beattie set up a Palm Island Select Committee in April 2005 to investigate the riots which occurred on Palm Island after the death, making a number of recommendations (including in relation to alcohol and violence on the community) (Palm Island Select Committee 2005).

See media articles here and here.

2008 - Arukun Child Sexual Assault case

After a number of Indigenous youth had non-custodial sentences imposed, or no conviction recorded, in response to police charges of sexual assault of a ten year old at Arukun, Cape York, the Qld Premier ordered a review of other sexual assault cases in Cape York.  Public outcry also led to more serious sentences being imposed on some offenders.
http://www.justice.qld.gov.au/3163.htm

For an example of media comment, see here.

MAJOR POLICY CHANGES

2005 - Office of Chief Inspector of Prisons created

The Chief Inspector is empowered by the Corrective Services Act 2006 to undertake inspections and reviews of the operations of corrective services facilities and probation
and parole offices.  His/her main responsibility is to provide independent scrutiny regarding the treatment of offenders, and the application of standards and operational practices within the State's correctional centres. The independence of the role of Chief Inspector is maintained through a direct reporting relationship with the Director-General. (See deparment website)

2004 - Strengthening Community Safety through Managing Growth in Prisoner Numbers project commences.

Designed to consider the cause and effects of the 142% increase in prisoner numbers in the past 10 years, this Corrective Services project has identified strategies that will help to minimise the expected future growth in prisoner numbers.  Over the next 10 years, the number of low-risk, short-term prisoners is expected to rise significantly, placing pressure on infrastructure and resources.  Through this project, ways are being explored of diverting such offenders from custodial to community-based supervision with the expectation that, by doing so, recidivism rates will be kept low and costs to the community will be minimized (see Corrections News November 2004 http://www.correctiveservices.qld.gov.au/Publications/Corrections_News/2...)

2006 - Department of Corrective Services, Review of the roles and functions of Queensland Correctional Centres 2006-2015

This review was initiated in part because of predicted prisoner growth, with a view to examining the current, and make recommendations in relation to future, roles and functions of Centres and of all specific Centres.  In 2005, Queensland recorded the largest prison population in the State's history. The prison population has more than doubled since July 1993, with a further 90% growth expected over the next 10 years (as outlined in the chart on the next page). At the time of writing, it was noted that Queensland had the third highest imprisonment rate and the second highest prisoner population in the nation - with prisoner numbers expected to grow to more than 9,000 by 2014-15 compared to 5,325 in 2004-5.  Recommendations are made in relation to a number of relevant strategic issues, including as follows:

• prisoner growth is accommodated through increasing infrastructure, including building new precinct in SE Qld;
• phasing out concept of open custody, and redefining current open custody centres as Work Camps for low risk offenders to be based, and from where they will travel to undertake reparation to the community;
• managing prisoner groups with special needs, including by constructing a specialist unit for the aged and infirm;
• offender education, training and employment are of equal importance in rehabilitation to programs that address criminogenic needs of offenders, with a focus on private/public partnerships in provision of future prison industries.

2006 - Other initiatives- Corrections

The throughcare model was implemented, as well as the Transitions Program and Transitional Support Service for high and low-risk offenders, respectively.  A Multicultural Action Plan was also implemented.

2006 - Queensland Corrective Services' Drug Strategy - Tackling Drug Abuse and Addiction, Changing Lives in Queensland Prisons

As part of their zero tolerance approach to drug use in prisons, legislation was introduced in 2008, setting out harsh penalties for those caught bringing drugs and related paraphernalia into facilities (Corrective Services and other Legislation Amendment Bill (No.2) 2008).

See media release.

2007 - Department of Corrective Services, The management of convicted sex offenders in Queensland (October 2007)

This policy outlines procedures and practice in relation to management of convicted sex offenders.  It covers areas relating to the Child Protection Offender Register; as well as release into the community for less dangerous sex offenders and those subject to the provisions of the DPSOA.

2007 - Sex Offender and Dangerous Offender Unit

In June 2007 an extensive internal review of QCS' DPSOA administrative processes was undertaken. The review recommended the establishment of a Serious Sexual Offender and Dangerous Offender Unit (SODOU) within the Probation and Parole Directorate of QCS to handle all agency DPSOA activity and to provide a stronger focus on risk assessment.  QCS established a Sex Offender and Dangerous Offender Unit (SODOU) to centralise all functions associated with the DPSOA and the management of offenders under DPSOA orders.  The SODOU identifies prisoners who are potentially suitable for a DPSOA application by carrying out a comprehensive risk assessment. A referral is then made to the Sexual Offenders and Dangerous Offenders Assessment Committee (SODOAC), an inter-agency committee, responsible for determining which prisoners should be referred to the Attorney-General.

To assist the SODOAC in carrying out its work, a detailed decision-making Framework, which focuses on risk and potential harm to the community, has been developed, according to the 2008 review of the DPSOA (see below A New Public Protection Model for the Management of High Risk Sexual and Violent Offenders (2008). This framework has been informed by current research and best practice. In recognition of the fact that the field of risk prediction is an evolving science this framework will not be a static tool. Rather QCS will continue to consult with psychiatrists and psychologists with expertise in the field of sex offender assessment and treatment to ensure that the best available techniques in risk assessment are available to the SODOAC (Queensland Government 2008: 10-11)

RISK RELATED DEVELOPMENTS

2007/8 - New RoR Assessment Tool

During 2007-08, in collaboration with Griffith University, the Agency developed and implemented the Risk of Re-offending (RoR) assessment tool to improve the Agency's ability to identify those offenders at highest risk of re-offending. (DCS Annual Report 2008: 39).  In 2007-08, the Agency implemented a new Offender Reintegration Support
Service (ORSS) to reduce the risk of re-offending among higher risk and higher need offenders. ORSS providers make available appropriate culturally based support and referral services that meet the individual needs of each prisoner. (QCS Annual Report 2007/08: 24, 39).

2008 - see discussion herein in relation to DPSOA

MAJOR INQUIRIES

2004 - Legal Aid Queensland review of access to legal services for women and girls in custody

This review was partly a result of the fact that Sisters Inside Inc had consistently raised the issue of the difficulty for women and girls in custody accessing legal aid services.  The review made a number of recommendations relating to a range of issues, including, inter alia, that LAQ work with DCS to install a free call number for prisoners to access legal aid; that LAQ develop a brochure outlining basic information on court/legal process for prisoners; and that the unmet legal needs in relation to discrimination be met by working with Sisters Inside to regularly visit those in Correctional Centres

2004- Incorrections Report, QUT - into prison release practice and policy

Walsh from QUT released a report into prison release practice.  She noted that Queensland incarceration rates and numbers had ‘increased alarmingly in recent years, while in the same period, the numbers of prisoners on open (as opposed to high or medium) security classification, together with releases to community supervision (such as home detention, release to work or parole) are markedly declining.'  Further, it is noted that, ‘outside the Northern Territory, Queensland has the highest rate of recidivism (60%) which may suggest that released prisoners are less well prepared for life in the wider community than they are in other jurisdictions.'

Among its 50 recommendations, the Report called for:

• a comprehensive inquiry into corrective services by an independent person or body;
• a serious application of the principle of “throughcare” in sentence management aimed at genuine rehabilitation;
• the development of better targeted and resourced programs to enable progress through the corrections system;
• enhanced and better resourced partnerships with community based agencies working with prisoners and their families;
• greater transparency and public accountability of the prison system at all levels.

The Government largely discredited the Report and its recommendations in its formal response to it (Queensland Government: 2005).

2006 - Anti Discrimination Commission of Queensland Report: Women in Prison (2006)

After receiving a submission from the advocacy group Sisters Inside Inc. in June 2004, Submission of Sisters Inside to the Anti Discrimination Commissioner for the Inquiry into the Discrimination on the Basis of Sex, Race and Disability Experienced by Women Prisoners in Queensland, the ADCQ made a decision to conduct a review into the circumstances of women in Queensland prisons under ss 235 and 236 of the Queensland Anti-Discrimination Act 1991.  Noting that the Department of Corrective Services had made a number of improvements in relation to policies and practices that impacted upon female prisoners in the meantime, the Report set out recommendations relating to this issue.  They included that the Department (and Government, where appropriate):

• prioritise developing smaller facilities based on community living and establishment of work camps for women;
• place women in the least restrictive environment possible and give priority to the needs of children of prisoners;
• takes steps to address potential systemic discrimination issues within the control of the prison authorities, such as valid classification assessments; access to culturally appropriate programs; and development of viable release plans, which may prevent Indigenous women being granted conditional release and post- prison community-based release at the same rate as non-Indigenous women;
• consider introduction of less intrusive methods of searching, to replace strip-searching, and ensure that women are not treated less favourably than men in being subjected to a greater number of such searches;
• opportunities for social reintegration and rehabilitation, as well as those relating to work and industry, be improved;
• the Drug Court be expanded to provide greater opportunities for female offenders;
• there are greater diversionary opportunities for female offenders with mental health issues and that there be improved services for such offenders once in custody
• the needs of Indigenous women be considered in designing facilities and programs, and that there are more Indigenous female employees in the system;
• ensuring that young girls under 18 years are not placed in protective custody in adult institutions;
• consider custodial alternatives for women with children (including home detention, community service orders and periodic detention).

Department of Corrections response can be found here and the minister's media statement here.

2008 - Queensland Government review, A New Public Protection Model for the Management of High Risk Sexual and Violent Offenders (2008) (Dangerous Prisoners (Sexual Offenders) Act 2003 etc.)

Government conducted a review of all public protection legislation in Queensland (legislation providing for continued detention or supervision of high risk offenders to protect the community), motivated largely by perceived ongoing community concern with such offenders.  It is reported that as at 19 June 2008, there were 53 offenders on DPSOA orders either in the community or detained in correctional facilities; and that 100% of all applications made under the DPSOA have been successful over the last four years.  The review made 22 recommendations, including to enhance the flexibility of Corrective Services to manage released prisoners under the DPSOA (to control where they live, how they engage in treatment and use of alcohol); to provide further funding for accommodation for those on DPSOA orders at Wacol Prison, Townsville and Capricornia Correctional Reserves and more information to the community about offenders housed in the community.  Further, there is to be a significant expansion of current indefinite sentencing provisions in the PSA, Pt 10.

For information, including media release, in relation to housing of sex offenders managed in the community under the DPSOA (including in prison reserves at Townsville and Rockhampton) see here.

VULNERABLE POPULATIONS

2000 - Queensland Aboriginal and Torres Strait Islander Justice Agreement

The Aboriginal and Torres Strait Islander Justice Agreement (Justice Agreement) was developed by the Aboriginal and Torres Strait Islander Advisory Board (ATSIAB) and the Queensland Government.  The Justice Agreement was one of the first such agreements to be signed off after the Indigenous and Ministerial Summits of 1997, following the RCIADIC. (2)  

Its long-term aim is to reduce Indigenous contact with the criminal justice system to parity with the non-Indigenous rate.  The outcome by 2011 is to reduce by 50% the rate of ATSI peoples incarcerated in the Queensland criminal justice system. Details of implementation were originally set out in the Justice Agreement Action Plan 2000-01 (to be reviewed annually).  This Action Plan identified twenty supporting outcomes relating to alternatives to court; diversionary strategies; community-based sentencing options; effective rehabilitation and community re-intergration; access to justice and just outcomes (for instance, through use of CJGs); and safety in custody. 

The Justice Agreement has five Broad Strategic Directions (constituting a ‘five-part strategy') that derive from the identified causes of over-representation -

• Building Community Capacities
• Building Individual Capacities
• Building a More Culturally Sensitive Criminal Justice System
• Building a Stronger Role for Communities in Justice Administration; and
• Building Integrated and Coordinated Justice Related Services

In the Justice Negotiation Group 2003 evaluation of the Justice Agreement, it was noted that rates of incarceration for Indigenous adult offenders had remained fairly constant between December 2000 and June 2003 (23% - 25%); and for juveniles too (50% to 60% from in the last quarter to June 2003) (Justice Negotiation Group 2003)

Cunneen et al. evaluated the Justice Agreement in 2005, wherein the following was noted:

• In terms of juvenile detention, by national standards Queensland has relatively low Indigenous and non-Indigenous rates of detention. Quarterly detention rates fluctuate, however the lowest rate for Indigenous detention over the 18 quarterly periods from 31 March 1999 to 30 June 2003 was in December 2000 at the time the Justice Agreement was signed. Since then quarterly rates of Indigenous detention have been consistently higher.  However, average annual detention rates (based on four days of the year) do show a decline over the period. Thus despite fluctuations, based on this measure, there has been a reduction in the rate of Indigenous youth incarceration, with the 2003 rate some 39% lower than the 1999 rate.  The juvenile admissions data shows there has been neither a drop in the rate of Indigenous detention nor a reduction in the level of over-representation of Indigenous young people in detention during the first four years of the Justice Agreement. In fact the Indigenous detention rate and level of over-representation was higher in 2003-04 than in 2000-01 when the Justice Agreement was signed.

• The most significant impact on Indigenous detention rates will be achieved through

         programs and policies aimed at reducing the remand population. Specific further
research needs to be done on the reasons for remand for Indigenous young people, so that programs can be developed to target these causes. Preliminary data suggest that only a small proportion of those who are remanded in custody actually receive a custodial sentence. In terms of the Justice Agreement measures of success, there has been a reduction in Indigenous young people sentenced to detention between 2000-01 and 2003-04.  However, this is overshadowed by the growing numbers in the remand population.

• Queensland has a rate of Indigenous over-representation in adult prison which is

         among the lowest in the nation. In terms of the Justice Agreement, there are positive
signs that a steady increase in the rate of Indigenous imprisonment in Queensland has been halted and there has been a decline in the rate since 2002 until  the most recent prison census data (2004).  Admission data also reflects a decline in Indigenous numbers from a high point in 1999-2000.  However, there has been an upward spike in 2004-05 over the previous three years.

The Justice Agreement was later effectively subsumed within the overarching Indigenous policy framework-Partnerships Queensland: Future directions framework for Aboriginal and Torres Strait Islander Policy 2005-10 which sought to align goals and mechanisms of a number of relevant policies under a single framework (and thus covered areas such as youth offending, Murri Court, ATSI JPs, inter alia). 

2002 - Murri Court commences

By 2006, there was a Murri Court in the Adult Magistrates Court criminal jurisdiction and/or the Childrens Court in Brisbane, Caboolture, Rockhampton, Mount Isa and Townsville.  The Murri Court had also recently started operating on a trial basis in Cherbourg.  At this time, a review was conducted in relation to the Murri Court - DJAG Report on the Review of the Murri Court - with the review resulting in further funding. In the review, Murri Court stakeholders said that the Murri Court was an effective mechanism for increased participation and ownership by the Indigenous community in the criminal justice process..  The Review found that limited data collection processes were in place to report on the outcomes of the Murri Court. As a result, it was not possible to conclusively determine whether the Murri Court is meeting its objectives of reducing imprisonment, decreasing the rate of re-offending and reducing the number of Indigenous offenders who fail to appear in court (Department of Justice and Attorney General 2006).

2008 - Addressing the Needs of Female Offenders Policy and Action Plan 2003-2008.

The new policy has a strong focus on rehabilitation, reintegration and throughcare.  It was preceded by the plans - Addressing the Needs of Female Offenders Policy and Action Plan 2003-2008 (2003) and In their own right: a five year framework for meeting the needs of female offenders - 2001-2006 (2001)

2004 - Queensland Indigenous Alcohol Diversion Program (QIADP) (2004)

The Queensland Indigenous Alcohol Diversion Program (QIADP) commenced as a pilot project in 2007 in three locations.  It is a treatment program for Indigenous people involved in either (i) the criminal justice or (ii) child protection systems.  Under QIADP, eligible Indigenous people are placed in treatment and case management programs designed to reduce alcohol-related harm to the individuals and the community.  The program lasts for approximately 20 weeks.

Within the criminal justice system, QIADP is offered as a bail-based diversion for offenders charged with offences where alcohol is a factor (but not for offences of sexual or other significant violence).  Professionals who might work with participants during the program include magistrates and court staff; Indigenous health services; solicitors; QPS; and community based organisations.  The program has a number of benefits, including offering more appropriate sentencing of offenders based on detailed information acquired during their participation in the program; enhanced community safety (as participants are closely monitored); and reduction in the numbers of Indigenous people involved in the child protection and criminal justice systems.

Initial referral may be through lawyers, police, or self-referral and, after an initial assessment by a magistrate, or by an officer of the Department of Child Safety, Queensland Health will then assess suitability for attendance. Queensland Health caseworkers will then prepare individualised treatment plans, which will include access to relevant services (such as counselling or residential treatment).  For those involved in the criminal justice system, participants will be required to attend court for regular progress reviews, and will attend court upon completion for sentencing.  In the child safety system, the caseworker will report regularly to the Department of Child Safety, and a final report will be prepared for the Child Safety Officer.  Successful completion will not automatically result in a child being returned to a parent.  Voluntary participation in an aftercare program is possible, with issues such as ongoing counselling, employment readiness and health and nutrition being offered at that stage. 

2007/8 - Indigenous initiatives - Probation and Parole

QCS Probation and Parole developed the Aboriginal and Torres Strait Islander Strategy, which included establishing new and permanent Probation and Parole offices in a number of remote (Indigenous) communities, providing sentencing support for visiting Judges and Magistrates.  A permanent reporting office has also been established in Woorabinda.  Probation and Parole staff visit islands in the Cape York region, and continue to forge relationships with stakeholders (such as CJGs and the ATSI legal services).  During 2007-08, QCS commissioned an independent evaluation to seek feedback from external stakeholders, including CJGs and Judges and Magistrates, to assess services provided under the ATSI Strategy, and there was an indication that the new Probation and Parole offices were improving services on Indigenous communities. (3)

DIVERSIONARY PROGRAMS

2000 - Drug Court pilot commences

In 2000, the drug court pilot commenced in three magistrates courts.  The Drug Rehabilitation (Court Diversion) Act 1999 established the Drug Court with power to divert offenders from prison to treatment by making an IDRO.  It seeks to reduce prisoner numbers and drug dependency rates by requiring drug-dependent offenders to undergo comprehensive assessment and treatment.   Drug-dependent offenders are identified, and referred to the court for sentencing where facing imprisonment (and consent to being dealt with by the court).  They are given an intensive correctional order, requiring them to attend relevant drug rehabilitation programs, inter alia, with conditions reduced on a reward-based system as the offender complies.  Drug Court program expanded to North Queensland in 2002 and gained permanent status.

Australian Institute of Criminology Evaluations -
Final Report on the South-East Queensland Drug Court (July 2003) (which found that 9% of graduates from the Drug Court had re-offended compared with 32% of offenders terminated from the program; 61% of those who refused to participate; and 47% of a prisoner comparison group) Final Report on the North Queensland Drug Court (2005) - did not have a prisoner comparison group, but found that 29% of graduates had re-offended post-program.  

2003 - Queensland Illicit Drug Diversion Initiative

CDP commenced in Brisbane Childrens and Magistrates Court on a trial basis - certain offenders who plead guilty to possession of (small) quantity of drug (as defined in the Penalties and Sentences Act 1992) are required to attend a drug assessment and education session with relevant health professionals, under a recognisance order.   An evaluation of the program completed in 2005 indicated that it had been successful.