MINISTER SPENCE CONTINUES HER ATTACK ON PRISONERS AND THE RULE OF LAW
The Queensland Council for Civil Liberties has accused the Corrective Services Minister, Ms Judy Spence, of undermining the rule of law in her treatment of prisoners.
“The Minister’s response to the decision in the Sharif Mohammed case demonstrates she has once again chosen to score cheap political points at the expense of prisoners, thereby undermining the rule of law,” QCCL President Michael Cope said today.
“The Minister needs to be reminded once again that prisoners are no longer slaves and that they are in prison as punishment not for punishment. They are human beings with Human Rights. There is in the Council’s view no reason why prisoners should be discriminated against on the basis of their religion.”
Mr Cope noted the Minister was reported saying she intended to toughen laws against frivolous complaints while continuing to ensure prisoners with “genuine” complaints could have them investigated.
“The fact that a prisoner has won in the Tribunal and the Supreme Court would mean the complaint was not frivolous. If the Minister says the Court was wrong she can appeal to the Court of Appeal”, the QCCL President said.
“Given that the Minister has used a successful complaint as an example of a frivolous or trivial complaint we can only assume that the Minister proposes a regime that would result in proper complaints being rejected.”
“The Queensland Anti Discrimination Act already allows the Anti Discrimination Commissioner, an independent statutory authority, to reject a complaint that is (a) frivolous, trivial or vexatious; or (b) misconceived or lacking in substance (section 168).”
“If the Department is of the view that a complaint is frivolous it ought to exercise its right to ask the Commission to reject the complaint under section 168.”
“It appears once again that the Department, as was the case in the recent review of the Corrective Services Act, is attempting to make itself immune from external scrutiny”, Mr Cope said.
“Respecting prisoners’ human rights must improve the prospects of successful rehabilitation, not reduce them. Subjecting prison authorities to the rule of law through the Anti-Discrimination Act will enhance the prospect of rehabilitation, the administration of the prison system, and is in the public interest”, Mr Cope concluded.
Queensland Council for Civil Liberties
12 February 2007