❓ A WA parliamentary question probes the Department of Corrective Services regarding the handling of Indonesian prisoners' funds, potential rights infringements, and the impact on prisoners' families. The Minister's answer refutes key allegations and clarifies departmental procedures.
AnsweredQoN 6048Legislative Assembly
QuestionView source ↗
In relation to the Minister’s answer to Question on Notice 5150 relating to the holding of Indonesian prisoners’ money by the Department of Corrective Services, I ask:
(a) will the Minister confirm that an instruction DSC 8.2011 was issued in July this year to enable prison superintendents to garnishee Indonesian prisoners’ wages for a year using their powers under Section 48 of the
Prison Regulations 1982
;
(b) was this notice supplied to the prisoners or their legal advisors;
(c) is the Minister aware that by utilising these prison regulations the Department of Corrective Services may have deprived the prisoners of their rights under Section 222 and 223 of the
Immigration Act 1958
;
(d) did a Judge in a properly formulated court determine what amount of money was needed for each prisoner, their repatriation and dependents; and
(i) did this occur;
(ii) if not why not; and
(iii) what will the Minister do to rectify this situation;
(e) is the Minister aware that not only are the prisoners unable to buy anything other than pre-approved necessities, but that dependents of the prisoners are being adversely affected and in some cases have died due to lack of medicines and medical care; and
(f) has the Department of Corrective Services provided any assistance to prisoners affected by these personal tragedies?
(a) will the Minister confirm that an instruction DSC 8.2011 was issued in July this year to enable prison superintendents to garnishee Indonesian prisoners’ wages for a year using their powers under Section 48 of the
Prison Regulations 1982
;
(b) was this notice supplied to the prisoners or their legal advisors;
(c) is the Minister aware that by utilising these prison regulations the Department of Corrective Services may have deprived the prisoners of their rights under Section 222 and 223 of the
Immigration Act 1958
;
(d) did a Judge in a properly formulated court determine what amount of money was needed for each prisoner, their repatriation and dependents; and
(i) did this occur;
(ii) if not why not; and
(iii) what will the Minister do to rectify this situation;
(e) is the Minister aware that not only are the prisoners unable to buy anything other than pre-approved necessities, but that dependents of the prisoners are being adversely affected and in some cases have died due to lack of medicines and medical care; and
(f) has the Department of Corrective Services provided any assistance to prisoners affected by these personal tragedies?
AnswerView source ↗
Answered
18 October 2011
Responded by
Minister for Corrective Services
Response time
48 days
(a) The Department issued an Assistant Commissioner Custodial Operations (ACCO) notice 8/2011 which related to restricting expenditure of gratuities by prisoners in custody for people smuggling or illegal fishing offences. It was not to garnishee prisoner wages for a year.
(b) The notice was issued to Prison Superintendents who took steps to inform the affected prisoners.
(c) It is assumed the question relates to Section 222 and 223 of the Migration Act 1958 (not the Immigration Act). If so then it is not believed the prisoners have been deprived of their rights.
(d)(i) No. Prisoner gratuities are determined in accordance with Prison Regulation 1982.
(ii) A determination by the court is not required.
(iii) Not applicable.
(e) No.
(f) Not applicable.
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(b) The notice was issued to Prison Superintendents who took steps to inform the affected prisoners.
(c) It is assumed the question relates to Section 222 and 223 of the Migration Act 1958 (not the Immigration Act). If so then it is not believed the prisoners have been deprived of their rights.
(d)(i) No. Prisoner gratuities are determined in accordance with Prison Regulation 1982.
(ii) A determination by the court is not required.
(iii) Not applicable.
(e) No.
(f) Not applicable.
Notice: This document is created or edited using unregistered or evaluation copy of rtLib valid for testing or development purposes only. To use it for productive or any other purposes please register it. You may purchase the license on
http://www.rtlib.com
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