“In between a mass of weasel words was this stark admission: ‘So far in the 2024-2025 financial year, three detainees have already died while in custody at the AMC’.” ROSS FITZGERALD continues his campaign to free imprisoned whistleblower David McBride.

So far, the only media outlets courageous enough to publish my revelations about the inhumane treatment of whistleblower David McBride and other inmates at the odious Alexander Maconochie Centre prison have been CityNews and John Menadue’s Pearls and Irritations website. 

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 September 25 email in which I directed a number of questions  to the then ACT Minister for Corrections and Justice Health, Emma Davidson MLA. This was regarding repeated allegations concerning the “inhumane” treatment of 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 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.

‘Inhumane’ treatment of imprisoned David McBride

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.

Should you wish to obtain comments on matters prior to publication, please reach the Justice and Community Safety Directorate’s Communications and Engagement team via JACSMedia@act.gov.au or (02) 6207 7173.

I trust this information will be of assistance.

Yours sincerely, Nicola Cowan
Executive Assistant to Director-General, Richard Glenn, Justice and Community Safety Directorate.”

In  last Saturday’s ACT election, the ACT Minister for Minister for Corrections,  Emma Davidson,  was defeated.

Let’s hope that the next ACT  Minister for Corrections  actually makes root and 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.

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