Scope Document. Plain English Version of AMC Disciplinary Policies and Procedures Project

Transcription

1 Project Justification Scope Document Plain English Version of AMC Disciplinary Policies and Procedures Project Detainees at the Alexander Maconochie Centre (AMC) are detained in accordance with the Corrections Management Act 2007 (ACT) (CMA). Due to a number of constraints, including limited ACT Government resources and the reality of detention, detainees do not have access to the full range of supports that facilitate access justice. Students engaged in study towards an LLB or JD in the ANU College of Law have shown a special interest in the rights of detainees as part of a more general interest in law reform and social justice. The ANU College of Law has a commitment to facilitate opportunities for students to gain clinical experience in all areas of legal practice; this includes all areas of social, economic and civic life where the law interacts with individuals, groups and communities. The project will provide an opportunity for students to contribute to the implementation of disciplinary orders in a way that enables detainee rights. The project may provide an excellent opportunity for developing a new, targeted collaboration between the ANU College of Law and the ACT Department of Justice & Community Safety and between the ANU College of Law and the ACT Human Rights Commission.

2 Background The AMC emphasises rehabilitation, compliance with human rights principles and adherence to the Healthy Prison Concept. A Healthy Prison is one in which: Everyone is and feels safe (prisoners, staff and visitors alike). Everyone is treated with respect and as a fellow human being. Everyone is encouraged to improve him/herself and is given every opportunity to do so through the provision of purposeful activity. Everyone is enabled to maintain contact with their families and is prepared for release. Presently the capacity of the AMC is 300. Accommodation includes cell-blocks, domestic style cottages, a Medical Centre and Crisis Support Unit, a 14 bed Management Unit and a Transitional Release Centre. Male, female, remand and sentenced prisoners from low to high security classifications can be accommodated. The AMC is an open campus style design with accommodation units around a central facilities area (or a Town Square). Included within the AMC are a Health building, an Education and Programs building, an Admissions building and a Visits centre. Approximately 50% of the accommodation is in five bedroom cottages. There are no female cells. The self-contained cottages are for lower security prisoners. They are designed to enable prisoners to develop and practice living skills. 1 The AMC is part of Custodial Operations, operated by ACT Corrective Services, which is an agency of the ACT Department of Justice & Community Safety (see attached JACS Organisational Chart 2010). The ANU College of Law is one of Australia s leading law schools. Established in 1960 as the Faculty of Law, the ANU College of Law is the 7th oldest of Australia s 29 law schools, and has produced graduates who are now leaders in their chosen fields all over the world. It is also home to some of Australia s best-known and most outstanding legal scholars and teachers, and to flagship publications such as the Federal Law Review and the Australian Year Book of International Law. The College also includes Legal Workshop, the National Institute of Social Sciences and Law, and a number of associated Centres and affiliated bodies. The College has special strengths in a number of areas, including international law and public law, and it draws its students and staff from all over Australia, as well as from overseas. It not only has the traditional commitment of Australian law schools to excellence in teaching and research, but also a distinct ethos of commitment to the continuous improvement of the law and the operation of the legal system. 2 The ANU College of Law Prisoner Support Pilot Project 2010 will be delivered as part of the College s Law Reform and Social Justice Program. 1 See 2 See 2

3 Business Benefits Expected Rehabilitative outcomes for detainees are improved through improved application of disciplinary orders and detainees access to appeal processes. The law school experience of participating students is enhanced by useful interaction with a key human rights and discrimination law concept that may affect detainees as the most disadvantaged and powerless end-users of the legal system. Students with an inclination towards law reform and social justice are attracted to study law at the ANU by a program that offers useful and meaningful interaction with detainees. Initial Product End Description A written report: Summarising the benefits of a plain-english version of disciplinary policies and procedures. Summarising the existing AMC disciplinary policies and procedures. Containing new, plain-english versions of the AMC disciplinary policies and procedures, including coloured flow-charts for use by officers and detainees. Detailing and implementation strategy, including a training module for officers in how to use the new, plain-english versions of the disciplinary policies and procedures. Business Alignment Alignment to the AMC Operating Philosophy and Operating Model, including the following objectives of the healthy prison concept: Everyone is treated with respect as a fellow human being. Everyone is encouraged to improve himself or herself and is given the opportunity to do so through the provision of purposeful activity. Alignment to the CMA: Section 7(a)(d) The main objects of this Act are to promote public safety and the maintenance of a just society, particularly by promoting the rehabilitation of offenders and their reintegration into society. Section 9(f) Functions under this Act in relation to a detainee must be exercised as follows if the detainee is an offender to promote, as far as practicable, the detainee s rehabilitation and reintegration into society. Section 12(1)(i) detainees must have reasonable access to news and education services and facilities to maintain contact with society. Section 52(2)(b) The chief executive may... approve a detainee participating in academic, vocational or cultural education or training if satisfied it would benefit the detainee by promoting the detainee s rehabilitation or reintegration into society 3

4 Alignment to the Standard Guidelines for Corrections in Australia (Revised Edition 2004): Guideline 5.12 The effectiveness of the correctional system is improved through openness and transparency of operations. Community stakeholders should be directly involved in the delivery of correctional services and be encouraged to visit prisons. Guideline 5.15 The local community should be aware of the role and function of adjacent prisons and volunteer groups should be encouraged to participate in service delivery, where appropriate. Guideline 5.16 Community and volunteer groups participation in programme delivery and prerelease planning for prisoners should be structured and co-ordinated to emphasise to prisoners their continuing role in the community. Alignment to the Human Rights Act 2004 (ACT) (HRA): Section 19(1) Anyone deprived of liberty must be treated with humanity and with respect for the inherent dignity of the human person. Section 22(2) Anyone charged with a criminal offence is entitled to the following minimum guarantees, equally with everyone else: (a) to be told promptly and in detail, in a language that he or she understands, about the nature and reason for the charge; (b) to have adequate time and facilities to prepare his or her defence and to communicate with lawyers or advisors chosen by him or her; (e) to be told, if he or she does not have legal assistance, about the right to legal assistance chosen by him or her Alignment to ANU College of Law Strategic Plan : Supports the implementation and embedding of the law reform and social justice ethos. Contributes to the development of discovery-based learning amongst students undertaking the LLB (p 11). Contribute to the CoL s aspiration to produce not only technically competent and ethical lawyers but also responsible professionals, community leaders, activists for law reform and social justice, and citizens of the world (p 16). At the course level, contribute to the commitment to deep learning, especially where such learning is active rather than passive, including interactive and practically situated where appropriate (p 17). Contribute to the development of the following LLB graduate attributes (pp 22-23): o Generic Skills Advocacy and communication Teamwork Creativity Listening o Legal Content Impact o Engagement and Commitment to Learning Lifelong learning Commitment Self- and external scrutiny o Personal Attributes 4

5 Respect and compassion o Professional and Ethical Values Ethics Responsibility Social justice Respect of diversity Law reform Professionalism Contribute to the attraction of the JD Program for students wishing a change of career or career advancement in the areas of criminal justice policy and law reform as well as governance of public institutions such as prisons (p 23). Based on assessment of the market, provide the justification for a new LLM course or stream focused on justice administration (pp 28-29). Primary Objective To design and implement a policy-based project by whereby LLB and JD students in the ANU College of Law draft plain-english versions of the AMC policies and procedures relating to disciplinary orders. Project Quality Final draft report containing the new, plain-english disciplinary policies and procedures and flowcharts is completed by the end of second semester. Final draft report is approved by the Director, Law Reform and Social Justice Program. Deliverables Summary of the benefits of a plain-english version of disciplinary policies and procedures. Summary of the existing AMC disciplinary policies and procedures. New, plain-english versions of the AMC disciplinary policies and procedures, including coloured flow-charts for use by officers and detainees. An implementation strategy, including a training module for officers in how to use the new, plain-english versions of the disciplinary policies and procedures. Out of Scope Provision of legal advice Counselling 5

6 Related Projects The following projects are also part of the Social Justice initiative, which is supported by the Law Reform and Social Justice Program: Community Legal Education (CLE) Project. Migrant and Refugee Support Project (MARS). Assumptions That the project is approved by the Dean of the ANU College of Law That students will participate Constraints Approval from the Dean is not forthcoming Students are unwilling to participate Students are unable to participate due to conflicting priorities 6

7 Sign Off Position Name Signature Date Project Leader STUDENT Supervisor 1 Simon Rice Supervisor 2 ANU College of Law Michael Coper ATTACHMENTS 7