The treatment of detainees at the Alexander Maconochie Centre federal prison in Canberra

ROSS FITZGERALD
Oct 24, 2024

So far, the only media outlets courageous enough to publish my revelations about the inhumane treatment of David McBride and other inmates at the odious Alexander Maconochie Centre federal prison in Canberra have been Pearls and Irritations and Canberra’s City News.

On 22 October 2024, I finally received a response on behalf of Richard Glenn, Director-General ACT Justice and Community Safety Directorate.

This followed my 25 September 2024 email in which I directed a number of questions to the then ACT Minister for Corrections and Justice Health, Emma Davidson MLA. This was in regard to repeated allegations concerning the ‘inhumane’ treatment of David McBride and other detainees at the Alexander Maconochie Centre.

In between a mass of weasel words, was this stark admission, confirmed by the Director-General himself:
“So far in the 2024-2025 financial year, three detainees have already died while in custody at the AMC.”

But this appalling fact about a federal prison that currently houses only about 400 inmates, was followed by these utterly anodyne words:
“As in the community, deaths can occur in custody for reasons including natural causes.”

To me, this statement of excuse beggars belief.

In the interest of free and open discussion and debate, below is the response I received on behalf of the Director-General, sections of which I have highlighted in bold.

“Dear Professor Fitzgerald
Treatment of Detainees at the Alexander Maconochie Centre (AMC)

Thank you for your correspondence of 25 September 2024 to the Minister for Corrections and Justice Health, Emma Davidson MLA, regarding the treatment of detainees at the Alexander Maconochie Centre (AMC) and in particular Mr David McBride.

Your correspondence was referred to me to provide a response whilst the ACT Government is in the caretaker period.

I appreciate your keen interest in ensuring the human rights, mental health and appropriate treatment of detainees. Due to privacy obligations, I am unable to provide details regarding the concerns raised about Mr McBride; however, your concerns have been referred to the relevant areas within ACT Corrective Services (ACTCS) to address as appropriate.

ACTCS operates in accordance with the Corrections Management Act 2007 (the CMA) and the Human Rights Act 2004, with decisions made to maintain the safety, security and good order of the AMC whilst taking into account each detainee’s individual circumstances. In accordance with the CMA, all detainees have minimum entitlements such as access to phone calls, visits and open air and exercise.

In May 2019, the Ministerial direction ‘Human Rights Principles for ACT Correctional Centres’ (the Principles) was notified under the CMA, which ensures ACTCS considers human rights in the development of correctional centre policies and procedures to better support detainees. The Principles give clear meaning to the ACT Government’s commitment to human rights in the adult corrections context and to support better outcomes for detainees’ health, safety, education, wellbeing, and integration back into the community.

In addition, ACTCS is subject to oversight from oversight bodies, including the Custodial Inspector who conducts reviews of critical incidents and a whole-of-centre review at least once every three years against the ‘healthy prison’ text devised by the World Health Organisation. The ACT Government welcomes these reviews and the opportunities for continuous improvement through implementing actions to address recommendations made.

I note the concerns raised by Ms Janine Haskins. While I cannot comment on individual circumstances, ensuring the safety of all detainees is a key priority for ACTCS. Naturally, this requires clear policy and processes around the administration of medication due to the risk of diversion or trafficking of prescription medications between detainees, whilst taking into account current operational requirements and ensuring the ongoing safety, security and good order at the AMC. Where that safety is jeopardised, there are a range of measures that can be taken to address the risk. Relatedly, where an incident is reported, measures including investigative segregation can be taken that provide for the safety of detainees and staff as well as the efficient and effective examination of an alleged incident.

ACTCS works in conjunction with Justice Health Services (JHS) to promote detainee health and wellbeing to support improved health outcomes. As per the Access to Health Care Policy, detainees have access to interdisciplinary health services, which act with full clinical independence from ACTCS and can be accessed by detainees by self-referral and/or with staff assistance. ACTCS works closely with JHS to facilitate detainee access to their prescribed medications.

Further, ACTCS encourages detainees to raise any concerns they have via the channels available to them. This includes raising concerns directly with a correctional officer, their AMC Case Manager, via the AMC Complaints process as outlined in the Detainee Requests and Complaints Policy and/or a relevant oversight agency, such as the ACT Human Rights Commission and the ACT Ombudsman.

Regrettably, in response to your query regarding recent deaths in custody, I can confirm that three detainees have passed away while in custody in the 2024-2025 financial year to date. As in the community, deaths can occur in custody for reasons including natural causes.
As these matters have been referred to the ACT Coroner, I am unable to comment further.

Finally, I note that the ACTCS is committed to ensuring the wellbeing of all detainees and endeavours to address any issues of concern appropriately and in a timely manner. This includes the issues you have raised in your correspondence which have previously been brought to the attention of the ACTCS.
If you wish to review the relevant ACTCS policies and ACT legislation they are available on the ACT Legislation Register and ACT Corrective Services website. These will provide you with greater insight into ACTCS operations and how ACTCS works to ensure the safety and wellbeing of all detainees.
[…]
I trust this information will be of assistance.
Yours sincerely
Nicola Cowan
Executive Assistant to Director-General, Richard GlennJustice and Community Safety Directorate.”
[Letter ends]

As I predicted, in last Saturday’s ACT election, the previous ACT Minister for Corrections, Emma Davidson MLA, was defeated. Her predecessor in the role, Mick Gentleman MLA, is also facing a likely defeat.

Let’s hope that the next ACT Minister for Corrections actually makes root & branch corrections to the odious conditions at the Alexander Maconochie Centre and to the inhumane treatment of David McBride.

But, as the best prediction of future behaviour and activity is past behaviour and activity, I regret to say that I won’t be holding my breath.

Ross Fitzgerald AM is Emeritus Professor of History and Politics at Griffith University, .His latest books are Fifty Years Sober: An Alcoholic’s Journey and a boxed set of four Australian political satires, The Ascent of Everest, authored with Ian McFadyen of ‘Comedy Company’ fame.

Pearls and Irritations, October 24, 2024

For more on this story, P&I recommends:
Absence of care: AMC prison a drug “supermarket”; force applied with “regularity”, report staff
By Andrew Fraser
Oct 17, 2024

Cropped image of prison office handcuffs on prisoner
The ACT’s prison is run by a clique, with detainee bashings covered up, staff bullied into silence and the library better labelled “a supermarket” where any drug desired was freely available.

This is the picture that is being inked in by former detainees and staff who have shown the courage to come forward after recent publicity about the Alexander Maconochie Centre in Pearls and Irritations and City News.

There is a real convergence in what is being related from both sides.

One former detainee talks of management having a business case of “keeping as many in for as long as possible”, thereby pushing the case for prison expansion, and so more staff, and more union members.

The staff member spoke of the “Belconnen clique” still holding sway, those who ran the former Belconnen Remand Centre now occupying senior positions in the AMC and keeping the power within their group.
The common denominator was the absence of care for detainees.

I have been told of one staffer, who had reportedly worked more than four years in charge of one of the units of Goulburn’s Supermax, having not, in all that time, had to deploy force once because the focus had always been on interacting. That’s interacting with inmates of the notoriety of Ivan Milat, Bilal Skaf and Bassam Hamzy.

This officer had been surprised and saddened by the regularity of force applied by his new colleagues on the ACT’s less dangerous prison population.

One former detainee, who completed a long stretch about three years ago, told of being bashed by a well-known drug kingpin, an incident that got recorded by the authorities as the dealer having helped the bashed detainee, who had been officially listed as having suffered a slip, a dreadful accident.

The chilling reality had been that he had seen the drug dealer finish a phone call, knowing he would have to wait at least 10 minutes before he could have another one, and so asked if he might not use the phone in between. The barrage of blows that followed (leaving a suspected fractured skull) was seen, but the write-up praised the basher for assisting his (supposedly) fallen co-detainee.

Drugs were exchanged in the library (“you can get anything you want there”) as there was next to no supervision, and unwanted sexual advances were allowed and even facilitated, despite desperate pleas to have a particular detainee put on a “no-contact” list.

As for trying to get help, or raise the alarm, this detainee spoke of having written to former prison Inspector-General Neil McAllister, only to have his attachment separated from the letter and circulated among the guards.

Section 19 of the Custodial Inspector Act 2017 provides that the inspector may inspect any document relating to a detainee.
Section 26 provides a $16,000 fine and/or one year’s imprisonment for a person who takes detrimental action against another person who gives, or proposes to give, information, documents or evidence to the inspector for the Act.

One prison officer said the use of force on detainees had been declining over the past five years but that “mind games” were still sadly popular: paperwork would go missing, or detainees would be allowed to add a phone number to their list of approved callers only once or twice a month – not a lot of use if a person on remand was seeking advice about a fresh bail application.

The prison hierarchy was somewhat inverse. The more ostensibly senior (Corrective Service Officers Class 3 and 4) were often in administrative roles, leaving the actual running of the prison to CO2s and CO1s.

Detainee boredom is well-known as a major catalyst for trouble, like the recent burning of one AMC block. No wonder so many choose to shop at the drug library, which only adds to the problems.

One officer had proposed various schemes, including:
A bricklaying course, where he was sure of support from the Housing Industry Association and the Master Builders Association.

A driving simulator and training for those convicted of driving offences, many of whom were unlicensed or suspended or disqualified. With the cumulative nature of driving disqualifications, it was not uncommon for people to be ordered off the road for 20 and 30 years at time, setting up an impossible tension for a tradie with a strong work ethic in a town designed for the motor car.
Computing, with the wry observation that sometimes the only access detainees had to a computer was the occasion when they stole the one which landed them where they were.
But nothing had come of his plans.

Just teaching reading and writing would make a substantial difference. He relayed the story of one lady who, simply off her own bat, has been visiting those in the AMC throughout its 16-year life, teaching numeracy and literacy.

The answer, from both officer ranks and the former detainee side, was in a rejuvenation of prison management. Not enough senior managers were seen as “prison people”.

The late Ron Woodham, almost invariably referred to as the “legendary gruff and tough NSW prison boss”, might not immediately have been seen as a shining example for the AMC.

But at least one officer begged to differ. He maintained that Woodham, the only guard ever to reach the top job in the NSW prison system and the man who invented the Supermax, “did have detainee welfare at heart”.
“It’s a tight line, prisons, between public interest and detainee welfare … to have less harm than when they came in.”

So, where to now?
Both the criminal-law committee of the ACT Law Society and the ACT Bar Association have been approached for comment.

Wouldn’t it be nice to hear that the new (or returned) Attorney-General and/or Corrections Minister after Saturday’s ACT election had called for his first meeting to be with the committee chair and the association president?

Andrew Fraser, Pearls and Irritations, October 17, 2024