❓ Question on Notice regarding deaths in custody in WA, focusing on departmental policies, statements, and investigations, particularly concerning Aboriginal deaths and inconsistencies in public communication.
AnsweredQoN 4556Legislative Assembly
QuestionView source ↗
(1) I refer to Question on Notice No. 4166 asked in the Legislative Assembly on 24 June 2015 and in particular questions 4 and 5, to which you responded that the WA Police advise the public of a death in custody and ask if you would provide the wording of the policy announcing to the public when a death in custody occurs, detailing which department and which official is responsible for these announcements? (2) Has this policy been updated in the last year, and if so, provide the date it was updated and the previous policy wording? (3) The Department of Corrective Services released statements from Commissioner McMahon on a death in custody on 17 February 2015, and a death in custody at Casuarina Prison on 23 October 2014. In both statements the Commissioner states the Department of Corrective Services has a duty of care toward prisoners. Can you please advise why the Commissioner has released statements on these occasions? (4) Has the Department of Corrective Services conducted its own investigation into the death in custody at Bandyup on 15 June 2015? (5) I note that the Department of Corrective Services did not release a statement about the death of Ms Dhu in police custody on 4 August 2014. Can the Minister please advise why the Department did not release a statement on this occasion? (6) Has the Department of Corrective Services released a statement about the death in custody at Casuarina Prison in August 2015? If so, please table this statement. If not, can you please explain why? (7) Has the Department of Corrective Services released a statement about the death in custody at Lockridge at the end of August? If so, please table this statement. If not, can you please explain why? (8) With respect to deaths in custody including prisons, lock-ups and police operations: (a) how many deaths have occurred in WA since the beginning of June 2015 (please give dates each death occurred); and (b) how many of these deaths are Aboriginal people?
AnswerView source ↗
Answered
20 October 2015
Responded by
Minister for Corrective Services
Response time
34 days
The Department of Corrective Services (the Department) advises:
(1) Neither WA Police nor the Department is obliged by legislation to release a statement on the occasion of a death in custody. There is an MOU between the Police and the Department which says that
an initial statement be released by DCS stating there has been a death in custody, and that death will now be investigated by WAPOL and referred to the Coroner.
More recent practice by the Department has been not to release an initial statement, and respond to media queries, if any. The Department and WAPOL are currently reviewing the MOU.
(2) No.
(3) The 'statements' referred to were confirmations to media enquiries that were directed to the Department's Strategic Communications directorate.
(4) An investigation into this death is currently being conducted.
(5) Please refer to answer of Question 1.
(6) No media query about this death was received.
(7) No. This is not a matter for the Department of Corrective Services.
(8) (a) Five deaths have occurred in Western Australian prisons custody since 1 June 2015 (to 17 September 2015). Dates of death are 15 June 2015, 3 August 2015, 5 August 2015, 19 August 2015 and 8 September 2015.
(b) Two.
(1) Neither WA Police nor the Department is obliged by legislation to release a statement on the occasion of a death in custody. There is an MOU between the Police and the Department which says that
an initial statement be released by DCS stating there has been a death in custody, and that death will now be investigated by WAPOL and referred to the Coroner.
More recent practice by the Department has been not to release an initial statement, and respond to media queries, if any. The Department and WAPOL are currently reviewing the MOU.
(2) No.
(3) The 'statements' referred to were confirmations to media enquiries that were directed to the Department's Strategic Communications directorate.
(4) An investigation into this death is currently being conducted.
(5) Please refer to answer of Question 1.
(6) No media query about this death was received.
(7) No. This is not a matter for the Department of Corrective Services.
(8) (a) Five deaths have occurred in Western Australian prisons custody since 1 June 2015 (to 17 September 2015). Dates of death are 15 June 2015, 3 August 2015, 5 August 2015, 19 August 2015 and 8 September 2015.
(b) Two.
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