Human Rights AuditConditions of detention of

Women at the Alexander Machonochie Centre

Gabrielle McKinnonHuman Rights Legal Adviser

I would like to acknowledge the Traditional Owners of the land on which we meet today and pay my respects to their Elders past and present.

Scope of the audit

To review the effect and implementation of Territory laws governing the treatment of women detainees at the Alexander Maconochie Centre, pursuant to s.41 of the Human Rights Act 2004, and functions under the Discrimination Act 1991 and the Human Rights Commission Act 2005

Terms of referenceaccommodation privacy

Educational, vocational and rehabilitation programs

detainees’ ability to observe their religion

opportunities for sport and recreation

searches

opportunities for work classification

discipline independent monitoring

segregation and seclusion support for women to maintain relationships with families and dependent children

staffing issues treatment of pregnant women, and breastfeeding mothers

freedom of information and communication

detainees’ ability to observe their religion

• Interviews with women detainees (current and former) – WIP group• Forum with the women• Site visits (AMC and NSW )• Public submissions• Stakeholder interviews• Forum for statutory office holders• Minister’s forum for NGOs• Review of policies, records, other

documentation

Methodology

• At 30 June 2013, 12 women in custody• 300 men• ACT not reflecting national increase in women

being incarcerated• 3 women serving 5 years or more• Remaining 9 average less than 100 days• High turnover of women on remand• Low numbers but complex needs• Range of literacy levels, some women with

university degrees• Aboriginal women overrepresented

Women at AMC

Preliminary findings

• Conditions of detention generally humane and respectful, low levels of strip searching, use of force, modern cottage accommodation

• One area of concern is lack of a structured day for women, inequality of access to employment, and limitations education and programs for women serving longer terms

• Misunderstanding of human rights, view that human rights prevents imposition of any routine or structure, everything is voluntary

• Supporting and maintaining relationships between women and their children

• Children staying with mothers at AMC• Women in the crisis support unit• Access to transitional release• Overall issue of constraints imposed by very small

numbers, even with extensive additional resources can’t provide equivalent opportunities to larger jurisdictions.

• But smaller numbers also offer opportunities to do things differently – substantive equality

Discussion Points • What is the same or different in your jurisdiction?

• How do we get buy in from government?

(and other stakeholders/community?)

• Does it make a difference if you have a strong AJA/Legislative bill of rights?

• How do we add value as human rights bodies?

• How do we best make a difference over the long term?

Phone: 6205 2222Fax: 6207 1034TTY: 6205 1666

Email: human.rights@act.gov.auWeb: www.hrc.act.gov.au

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