South Australian Government refuses to release 125 pages of documents showing prisoner compensation changes

Photo by Emiliano Bar on Unsplash

On September 12, 2019, the South Australian Minister for Correctional Services, the Hon Corey Wingard MP, announced the proposal of new laws that would see the SA State Government garnish entire compensation payments awarded to prisoners who have experienced mistreatment in prison in order to boost funds in the SA Victims of Crime Fund.

The proposed laws would ensure prisoners receive no direct compensation funds, even after being awarded compensation for abuse or injury against the State through court processes. The changes propose that half of any prisoner compensation payment would go to the Victims of Crime fund, and half would remain with South Australian Government correctional authorities.

Currently, prisoners in South Australia can seek compensation for a range of matters including injuries or loss of property they experience whilst incarcerated. If they are successful in their claim, and they are awarded damages in a claim against the State, the money may be held in a prisoner compensation quarantine fund for 12 months for victims to make a claim for the funds.

In their announcement, the State Government stated the proposed laws would "bolster support for victims of crime" and "prioritise victims over offenders". The Government did not announce any extra direct funding for the South Australia's Victims of Crime fund.

CABINET SECRECY

In an October 18 response to a freedom of information application made to the Office of the Hon Corey Wingard MP, the office refused to release 125 pages of documents relating to the proposed new laws, citing Cabinet secrecy provisions within freedom of information law.

48 pages of the listed documents were "specifically prepared for submission to Cabinet", according to Wingard's office, and 77 pages were documents "specifically prepared for the use of a Minister in relation to a matter submitted, or proposed to be submitted to Cabinet".

In their response to the freedom of information application, Wingard wrote that regardless of these stated document classifications, every listed page contained "matter the disclosure of which would disclose information concerning any deliberation of decision of Cabinet; therefore, disclosure of the documents would reveal details of Cabinet deliberations".

"The confidentiality necessary for effective government requires that the deliberations of Cabinet should be protected from mandatory disclosure under the FOI Act." 

"The strict observance of secrecy in relation to Cabinet deliberations enable full and frank discussions to be had before Ministers arrive at agreement."

NO COMMENT

Neither Wingard or the South Australian Department of Premier and Cabinet responded to a request for comment on the proposed changes to prisoner compensation. Notably, neither party responded to questions regarding whether consultations with experts had taken place prior to the drafting of the policy, or how the policy would affect the welfare of prisoners who had experienced serious abuse in prison. Neither party provided comment on projected impacts of the policy on Aboriginal and Torres Strait Islander people, despite their vast overrepresentation in the prison system and the rate of incarceration of Indigenous peoples having increased by 45% since 2008.

“LAVISH SPENDING”

In comments made to the Adelaide Advertiser, a NewsCorp publication, Wingard implied prisoners who made compensation claims in prison were benefiting from "lavish spending" upon their release, and characterised prisoners receiving compensation funds as a "loophole".

 “These new laws will ensure victims are prioritised above offenders when compensation funds become available,” Mr Wingard told the Advertiser.

“We are moving to close the loophole so there is no potential financial windfall for prisoners."

“This taxpayer money should go towards helping victims, or an offender’s resettlement and reintegration so they do not reoffend, rather than enabling some lavish spending from a former (prisoner).”

SOUTH AUSTRALIA’S SERCO CONTRACT

In March 2019, the South Australian Government awarded a 7 year contract to global services company Serco, with an option to extend for another 5, to run the Adelaide Remand Centre. The contract was awarded despite Serco's recent track record of overseeing alleged abuses in prisons in Australia and internationally. Serco lost a contract with the Mt Eden prison in New Zealand after alleged assaults and fight clubs took place at the prison. After Serco began managing a women’s immigration centre institution in the United Kingdom in 2007., Serco staff were accused of sexual assault and locking up pregnant detainees without justification, among other allegations.

Serco's has oversight of Australia's largest prison, Acacia prison in Western Australia, and has previously been accused of enabling severe understaffing and overcrowding at that site, along with officers charged for alleged drug smuggling and sexual assault. Serco currently manages several of Australia’s immigration detention centres, including Villawood, with Australian contracts accounting for 20% of Serco’s income.

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PUBLISHED AT 9:00 AM

Read the response from Corey Wingard’s Office to the freedom of information application below.