Section 1: Chronology summary 1970 - 2008

Risdon's prison history shows that like the rest of the western world, Tasmania broke with nineteenth century penal practices. In the late twentieth century, it became clear that a one-size fits all method of discipline could not work in a prison serving a society where the moral and social hierarchies are increasingly diffuse and people have to form their own values. Individually tailored programs are more suited to modern society. Perhaps Risdon's tragedy is that such policies were implemented in the nineties, appeared to work, and were lost through overcrowding, the change in the inmates' profile and funding cuts. As the Ombudsman's and Coroners reports show, the consequences were devastating. The hope lies in the government's commitment to new ideas like sentence planning, case management, and programmes designed to deal with inmates' problems. Risdon's aspirations are symbolized by the reconstructed building. Perhaps, more importantly, the majority of officers, other workers at Risdon, and community groups are determined to persevere with cultural change (Evans 2004 : 103).

1970s

Opening/closing of prisons

1974 - Ron Barwick Medium Security Prison

Increasing prisoner numbers through the 1960s gave rise to investigations into a new prison site in the north of the State. Public opposition resulted in the deferral of a northern prison in favour of adding 36 cells in a low security unit at Risdon. This unit was later named the Ron Barwick Medium Security Prison, was occupied in 1974, but declining prison numbers resulted in its closure in 1981. It was re-opened in 1991, but closed in 1997 on economic grounds (See ABS 1301.6, 2000)

1978 - Risdon Prison Hospital

In 1978, a 28 bed hospital was added to the eastern end of Risdon Prison. Proclaimed as a special institution under the Mental Health Act, it housed persons suffering mental illness who were subject to the criminal justice system. The hospital provided medical treatment for prisoners requiring in-patient care as well as out-patient services for Risdon Prison inmates (ABS 1301.6, 2000 : 3). Hospital staff included a part-time locum Doctor who was also on call, a charge nurse and six deputy charge nurses, all male (Evans 2004 : 66).The hospital got off to a shaky start, with four nurses resigning by December 1978. An unintended feature of the building's architecture was a suspended ceiling, which provided an ideal space for hiding things (Evans 2004).

Changes in Legislation

The first State law in Tasmania to control the operation of prisons was the Prison Act 1868. Its provisions very much reflected community standards of the day with a strong influence from the convict system. A significant change occurred with amendments in 1908, which introduced a system of parole. Under this enactment, the Controller of Prisons could recommend to the State Governor, acting alone (that is, not with the advice of the Executive Council) to grant a prisoner a licence to be at large (ABS 1301.6, 2000)

The Indeterminate Sentences Act 1921 gave courts the power to declare persons who committed a similar offence three times to be declared an habitual criminal to be detained in prison at the (State) Governor's pleasure. A board of five members determined when an habitual criminal might be released on licence (ABS 1301.6, 2000)

The three Acts became increasingly out of step with modern penological practices but remained in force with only minor amendment until the Parole Act 1975 established a Parole Board and repealed the Indeterminate Sentences Act 1921 and the Prison Act 1908 (ABS 1301.6, 2000)

By the 1970s, Tasmania's correctional system was encumbered by a range of legislation that was quite out of date (O'Toole 2006 : 177).

Saturday Work Orders (1972)

Legislation introducing Saturday Work Orders[the first in Australia] as an alternative to imprisonment was enacted in 1972, followed by amendments in legislation in 1975, which resulted in a steadily declining prison population throughout the 1980s (ABS 1301.6, 2000). The Orders allowed courts to sentence an offender for up to 25 Saturdays community service in lieu of imprisonment (Evans 2004 : 42)

Parole Act 1975

The Parole Act 1975 established a Parole Board and repealed the Prison Act 1908 and the Indeterminate Sentences Act 1921 (ABS 1301.6, 2000). Under The Prison Act 1908, the Controller of Prisons could recommend to the State Governor, acting alone, (i.e. without the advice of the Executive Council), to grant a prisoner a license to be at large (ABS 1301.6, 2000). The Indeterminate Sentences Act 1921 previously gave courts the power to declare anyone who had committed a similar offence three times, a habitual criminal. A Board of five members determined when a habitual criminal might be released on license. (ABS 1301.6, 2000).

Prison Act 1977

The Prison Act 1977 finally repealed the Prison Act 1868 (ABS 1301.6, 2000). At the time the Act was the country's oldest prisons legislation O'Toole 2006 : 177). The Act ushered in a number of new initiatives in relation to inmate conditions including the right to good food, exercise in fresh air, adequate medical care, and paid work within their capacity. It was also instrumental in introducing a more humane approach to the officer/prisoner relationship, an independent grievance process with access to the monthly prison visitor or Ombudsman, and a new pay scale for inmates of 15, 25 or 50 cents per day, with a system of reward linked to good behaviour.

Inquiries

The Grubb Inquiry - 1976

On 25 June 1976, the Labour Government announced the Grubb Inquiry. Roy Grubb, a South Australian Magistrate, was appointed to conduct the Prisons Administration Inquiry, the outcome of which became known as The Grubb Report (Evans 2004). The inquiry was commissioned to inquire into the administration of prisons in Tasmania and what improvements might reasonably be made to improve conditions for prison officers and prisoners. The decision to commission the inquiry was precipitated by allegations of rape in the maximum security prison, as well as disturbances, media panic, pressure from the opposition and a public debate about the management of prisons (Evans 2004 : 45). Grubb and his assistant interviewed 200 inmates, as well as taking oral and written statements from prison Management, representatives of the Tasmanian Prison Officers Association, and some Prison Officers (Evans 2004 : 57).

Major Governmental agency policy papers

No papers located for this period.

Law reform Commission Publications

The Tasmanian Law Reform Commission was abolished in 1987, leaving a single Commissioner responsible for Law reform until the late 1990s. In 2001, an agreement between the Tasmanian Government, the University of Tasmania and the Law Society of Tasmania established the Tasmanian Law Reform Institute, which is based on the Alberta Law Institute.

For links to papers produced by the Tasmanian Law Reform Institute since its inception, please see the section of this report for the 2000s

Community Corrections Initiatives

The Tasmanian Community Corrections site provides only limited information. Two good sources of information on what's happening in Community Corrections are:

  • Department of Justice Annual Reports, Section 9 - Corrective Services. Current online availability includes Reports for the 2000s.  A special request to the Tasmanian Justice Department may provide access to earlier reports if they are available

(Source: Justice Tasmania)

Royal Commissions

None found for this period.

Monash University Library has a site for Federal Royal Commissions and Commissioners of Inquiry from 1902 - 2004. This can be accessed at:
Royal Commissions and Commissions of Inquiry, 1902-2004

includes all Royal Commissions and Commissions of Inquiry (the nomenclature varies) appointed by the Australian Government from 1902, under the provisions of the Royal Commissions Act 1902. It does not include Royal Commissions appointed by Australian state or territory governments, unless the Australian Government was also involved

(See: APH site)

1980s

Only a limited amount of information located for this era.

Opening/closing of prisons

Risdon Prison Complex

During the 1980s, the medium security unit at Risdon closed because it was considered that ‘unit management principles worked best in small custom built prisons' (Evans 2004 : 84).

Changes in Legislation

No significant changes in legislation noted during the 1980s.

Inquiries

Indigenous Deaths in Custody Inquiry - 1987 - 1990

Established by the Federal Government, the Inquiry was conducted throughout Australia between October 1987 and November 1990 by the barrister Elliot Johnston, QC. Some recommendations related to the maintenance of family and community connections, while others were designed to improve the quality of prison life for Aborigines. At Risdon, the inquiry had two important effects. One was to bring public attention to the numbers of Aboriginal inmates at Risdon. No census of them was taken until after the inquiry. The other was to slowly introduce respect for Aboriginal culture, to enable Aborigines to fulfill cultural obligations through day releases and to have access to their community, including lawyers and other workers from it (Evans 2004 : 81)

Although the 1979 death of a young indigenous man found hanging at Risdon was not investigated by the Inquiry, and neither of the Tasmanian deaths which the inquiry investigated occurred at Risdon, the inquiry's findings were to be an important factor in a major effort to reform prisons culture during the nineties (Evans 2004 : 75)

Major Governmental agency policy papers

None found.

Law reform Commission Publications

Refer Note above.

Community Corrections Initiatives

Department of Justice Annual Reports, Section 9 - Corrective Services. Current online availability includes Reports for the 2000s.  A special request to the Tasmanian Justice Department may provide access to earlier reports if they are available

See: Justice Tasmania)

Royal Commissions

None found for this period.

1990s

Opening/closing of prisons

Risdon Prison

In 1992, two divisions at Risdon were closed to save money, reducing the prison's capacity to 230 (Evans 2004 : 94). A Report commissioned by the Department of Construction in the early nineties had found that Risdon was ‘inadequately maintained' and needed ‘an immediate and substantial restoration and upgrade', [however] at the time, the low prison population meant the prison was not a funding priority; when numbers rose again, the situation had worsened (Evans 2004 : 98). A 1998-99 Report on Government Services notes that ‘the ageing buildings forming the Risdon Prison complex had been kept in use, although some sections had been taken out of commission to reduce costs' (SCGRSP 1998-99). By 1999, the building at Risdon was considered to be both outmoded and deteriorating.

Ron Barwick Medium Security Prison

On 28 February 1997 Ron Barwick closed because of funding cuts, with a loss of six jobs, although two officers were redeployed to other areas. Some inmates relocated to Hayes Prison Farm and the remainder to a new medium security prison built inside the walls using cells enclosed from A Division (Evans 2004). The medium security facility was re-opened in April 1991 and named after Prison Officer, Ron Barwick. The unit accommodated 36 medium or minimum security inmates and Officers volunteered to work there. In 1999, Ron Barwick was used as a Youth Detention Centre (Evans 2004 : 85) and was briefly re-opened in 2001 as a medium security unit. It was subsequently demolished in 2004 to make way for the new prison. In 2006, the old HM Risdon Prison was re-named the Ron

Barwick Minimum Security prison.

The Hobart Remand Centre

The Hobart Remand Centre opened in January 1999. Connected on one side to the Hobart Police Station and on the other to the Courts of Petty Sessions, the facility greatly reduced prisoner movement (ABS 1301.6, 2000:4). The Centre occupied five floors containing 40 single occupancy cells for those awaiting trial, plus 10 cells for police watch-house cases. (ABS 1301.6, 2000:3) Cells were centrally heated and fitted with a shower, toilet and hand-basin. An outdoor recreation space was provided in a secure area on the roof.

Changes in Legislation

During the 1990s, to simplify the existing legislation, Neasey recommended the amalgamation of the Prison Act, the Probation of Offenders Act, and the Parole Act, into a Corrections Act. This was subsequently proclaimed in 1998 (Evans 2004 : 83). The Corrections Act 1997, which repealed the Prison Act and Probation of Offenders Act, is now the enabling legislation, together with the Sentencing Act 1997, which together set the course for treatment of offenders in the State of Tasmania (ABS 1301.6,  2000)

The 1977 Prison Act had made provision for leave and during the 1990s a scheme was introduced that allowed inmates to regularly leave the prison to attend TAFE, University and College years 11 and 12 (Evans 2004 : 83)

On 17 March 1994, legislation was enacted to allow drug testing and the Government tried to get tough - to little avail (Evans 2004 : 95)

Please Note: The following information is abbreviated version of the information provided in Simpson and Griffith (1999), Law and Order Legislation in the Australian States and Territories, 1995-1998 : a comparative survey. Briefing Paper No. 7/99, NSW Parliamentary Library Research Service.  The information on changes in legislation in Section 2, expands on this.

Bail Amendment Act 1995

This Act empowers police officers to impose bail conditions on police bail, and a number of procedural safeguards in relation to the imposition of unreasonable conditions by police. The Act also empowers police to arrest persons released on bail who have contravened, or are about to contravene, police imposed bail conditions

Corrections Act 1997

This Act, which repeals a number of major pieces of legislation dealing with prisons, probation and parole (including the Parole Act 1975, the Prison Act 1977 and the Probation of Offenders Act 1973) consolidates and amends this area of the law.  It deals with the administration of Corrective Servcies, the establishment and control of prisons, custody and treatment of prisoners and detainees, transfers and other matters, interstate leave of absence for prisoners, matters relevant to prison discipline, parole criteria and provision for a three-person Parole Board (Simpson & Griffith 1999)

Sentencing Act 1997

This Act amended and consolidated Tasmania's sentencing law. The legislation sets out the principles of sentencing as these relate to deterrence, rehabilitation and punishment. However, in a strict sense the legislation is not a codification of the law of sentencing. As the Second Reading Speech noted, no mention is made in it of the general common law sentencing principles, including the principle of proportionality. The Act will, therefore, operate alongside and in addition to the common law. By way of consolidation, the Act repealed section 392 of the Criminal Code Act 1924 (the ‘dangerous criminals' provision) and substituted in its place a substantially similar regime under sections 19-23 of the present Act.

Youth Justice Act 1997 (and the Children, Young Persons and their Families Act
1997)

As part of the overhaul of the youth justice system in Tasmania these two Acts are designed to replace the Child Welfare Act 1960. However, it should be noted that neither of the 1997 Acts have been proclaimed to commence as yet and are not due to be in force before mid-1999. At present, therefore, the system is still operating under the Child Welfare Act 1960. It is said that the new model under the 1997 Acts represents a shift from the ‘welfare model' to a ‘restorative justice model' in which there is greater emphasis on children being held accountable for their actions.46 At the same time the Act is designed to divert young people charged with minor offences, including first offenders, from the court process where appropriate. For young people who are repeat offenders the Youth Justice Act 1997 provides a greater range of sentencing options for the court, including the introduction of a community service order for offenders over the age of 13.

Before the Youth Justice Act 1997 can be proclaimed to commence five new programs must have been established

  • a police cautioning/conferencing program;
  • a community service order program;
  • non-custodial community placement services for young offenders;
  • a community conferencing program; and the completion of the Youth Justice Information System.

The Children, Young Persons and their Families Act 1997

This Act incorporates an emphasis on supporting young people to maintain contact with their family and involving families in making decisions about the ongoing safety and wellbeing of their children. Indeed, the first principle upon which the administration of the Act is based is that ‘the primary responsibility for a child's care and protection lies with the child's family' (section 8). Under Part 5 of the Act, family group conferences are provided for where a child is ‘at risk' and, further to an advisory panel report, such a conference is considered to be a suitable way of determining what arrangements should be made ‘to secure the child's care and protection'

Magistrates Court (Children's Division) Act 1998

As part of the overhaul of the youth justice system associated with the Youth Justice Act 1997 and the Children, Young Persons and their Families Act 1997, this Act establishes a new Court, the Magistrates Court (Children's Division), which replaces the old Children's Court. This new Court will not deal with the determination of offences, but with protection orders and related welfare matters. The Court's procedures and powers will in fact be similar to the old Children's Court. Its proceedings will not be open to the general public. Note that this Act will commence on the day the Children, Young Persons and their Families Act 1997 commences.

Please Note: The following extracts have been taken directly from Drabsch (2003)

Child Welfare (Transitional Sentencing Arrangements) Act 1999

This Act provides that children's courts and courts of summary jurisdiction who deal with
young offenders continue to exercise certain sentencing powers pending the commencement of the Youth Justice Act 1997. It also provides for the enforcement
of certain sentences imposed before the commencement of the Youth Justice Act
1997.

Criminal Justice (Mental Impairment) Act 1999

Various procedures contained in this Act that enable a court to deal with persons unfit to stand trial or not guilty of the offence with which they are charged, by reason of insanity. The Act provides that a person is presumed fit to stand trial, unless shown otherwise. If the defendant is found unfit, the court must subsequently determine whether the defendant is likely to become fit in the next 12 months, in which case the trial will be adjourned. However, if the defendant is unlikely to become fit, the court is required to proceed to a special hearing. A person found not guilty by reason of
insanity is liable to a supervision order. The court must subsequently make a community treatment order, a continuing care order, or release the defendant
unconditionally or on certain conditions.

Criminal Law (Detention and Interrogation) Amendment Act 1999:

Under this Act, Section 15 of the Criminal Law (Detention and Interrogation) Amendment Act is amended to provide that the requirements regarding the recording of information in respect of persons in custody do not apply to those whom it is not proposed to question or investigate.

Sentencing Amendment Act 1999

The Sentencing Act 1997 is amended to provide, inter alia, that a court must take into account any period of time the offender was held in custody in relation to the proceedings. Accordingly, the court may order that the sentence of imprisonment may commence on a day earlier than that on which it was imposed.

Inquiries

Aboriginal Deaths in Custody : Response by the Tasmanian Government to the Royal Commission

This report is the Tasmanian Government's response to the final report of the Royal Commission and its recommendations. An outline is given of Government initiatives relevant to each recommendation which is applicable to Tasmania. Five priority issues which will guide future action are also identified

  • lessening Aboriginal-police contact
  • diversion from custody
  • care in custody
  • rehabilitation and self-determination (Garfoot undated).

Aboriginal Deaths in Custody Tasmanian Government Progress Report on Implementation

Reports Issued: 1993, 1994, 1995, 1997

The Department's June 1997 report is the final under a five-year agreement on the implementation of the recommendations of the Royal Commission. However, the Tasmanian Government remains committed to implementing the relevant recommendations. The 1995 and 1997 reports move away from a format where each recommendation is examined individually. Rather, the reports are compiled within the framework of the “national commitment” to improved outcomes in the delivery of programs and services for Aboriginal people and Torres Strait Islanders. Initiatives, programs, policies and services are fully described in context, as well as against specific Royal Commission recommendations (Garfoot undated)

Tasmanian Implementation of the Recommendations of the Royal Commission into Aboriginal Deaths in Custody. Tasmanian Aboriginal Centre - 1997

This report is critical of both the Tasmanian Government and the Federal Government records on implementing the recommendations of the Royal Commission, claiming that many recommendations have been implemented ineffectively or not at all. Many of the most fundamental and the most easily adopted recommendations have not been taken up in Tasmania. Furthermore, many of the monitoring bodies across Australia have done little to evaluate the effectiveness of initiatives which have been reported to them.

The Centre identifies the major issues for Tasmania as being:

  • reducing the number of Aborigines in custody
  • decriminalising minor offences
  • using imprisonment as a last resort
  • developing community alternatives to detention and custody
  • enhancing the future of young Aborigines; and
  • achieving the recognition of Aboriginal rights in law and practice

This report also includes the results of a survey of Aboriginal views about the implementation of the Royal Commission recommendations

Legislative Council Select Committee - Correctional Services and Sentencing in Tasmania 1997

On 14 October 1997, The Select Committee was appointed by the Legislative Council “to inquire into and report upon the operation of Correctional Services and Sentencing in Tasmania. After being disbanded twice, the Committee re-formed on 6 October 1998.

(See: The Select Committee Report)

Major Governmental agency policy papers

None located for this period.

Law reform Commission Publications

See notes above.

Community Corrections Initiatives

Department of Justice Annual Reports, Section 9 - Corrective Services. Current online availability includes Reports for the 2000s.  A special request to the Tasmanian Justice Department may provide access to earlier reports if they are available

(See: Justice Tasmania)

Royal Commissions

None located for this period.

 2000's

Opening/Closing of Prisons

Ashley Youth Detention Centre - 2000

In February 2000, Ashley was gazetted as a Youth Detention Centre under the Youth Justice Act and is Tasmania's only youth custodial facility. The facility is administered by the Department of Health and Human Services. Ashley provides secure care and custody for young mean and women aged 10 to 17 years, who are remanded or sentenced by the courts. Rehabilitative programs are provided in accordance with the principles of the Youth Justice Act 1997. The facility's vision is ‘working together to enhance a young person's return to the community' (Smith & Douglas 2006)

Ron Barwick Medium Security Prison - 2001

In 2001, the Ron Barwick Medium Security Prison was re-opened briefly as a medium security unit at Risdon (Evans 2004 : 85) and in 2004 was demolished to make way for the new Risdon prison.

Risdon Prison Complex - 2006

On 28 August 2006, the new Risdon Prison complex opened. The complex comprises the Mary Hutchison Women's Prison which was opened in May 2006 as well as a new men's maximum/medium security facility. The refurbished medium security prison for male inmates has been named Ron Barwick Minimum Security Prison. The special needs of Aboriginal inmates, female inmates, older inmates, prisoners with disabilities, prisoners requiring protection, and younger inmates were taken into consideration in the new design

Please see link to Risdon Prison - business case.

Wilfred Lopes Centre for Forensic Mental Health - 2006

On 17 February 2006, the Wilfred Lopes Centre for Forensic Mental Health was officially opened (Fairbrother 2007). From early 2006, inpatient mental health services for offenders in Tasmania have been provided within [this] Secure Mental Health Unit, instead of at the Risdon Prison Hospital. Although the centre is located within the Risdon Prison environs, it is owned and managed by the Department of Health and Human Services (DHHS 2008). The centre accommodates people with acute mental illness who require specialist mental health inpatient treatment. Patients may include prisoners, people appearing in, or remanded from, Magistrate and Supreme Courts, and those found Not Guilty by Reason of Insanity (NGRI) or Unfit to Plead and placed on a Forensic Order (DHHS 2008)

Changes in Legislation

According to Roth (2006), ‘between 1 January 2003 and 31 July 2006, there were over 230 major changes to law and order legislation in Australian states and territories.'

Please Note: The following extracts have been sourced from Drabsch (2003)

Criminal Law (Aggravated Burglary and Repeat Offenders) Act 2000

The Criminal Code offence of aggravated burglary is amended by removing the element of being in the company of another person at the time of the offence. The Act also
amends the Sentencing Act 1997 by increasing the maximum term of imprisonment that may be imposed by a court of petty sessions for a crime triable summarily from three to five years.

Forensic Procedures Act 2000

This Act provides for the carrying out of forensic procedures on persons arrested for, or suspected of committing, certain offences, for the purpose of including that information on the national DNA database. Various sections of the Act set out provisions relating to the carrying out of forensic procedures, forensic procedures in regard to volunteers, who may carry out the procedure and who is to be present at the time. The Act also makes provision for the admissibility of evidence, the destruction of forensic material and the DNA database system.

Justice (Amendment of Custody Legislation) Act 2002

Amongst other things, this Act amends the Criminal Justice (Mental Impairment) Act 1999 to enable a court to issue a warrant for the arrest of a person subject to a continuing care order who has escaped from the hospital and to provide for his or her return to that hospital. It also provides for the interstate transfer of patients who have absconded.

Sentencing Amendment Act 2002

The purpose of this Act is to amend the Sentencing Act 1997 and the Corrections Act 1997 to provide for non-parole periods in respect of sentences of imprisonment. The Sentencing Act is amended to require the court to provide its reasons for making an order that a life prisoner is not eligible for parole, or is not eligible for parole for a specified period. Amendments to the Corrections Act 1997 provide that in the event of a prisoner being considered for release on parole, the victims' register is to be searched and any victim is to be notified of the possibility of a parole order. The victim may subsequently submit within 30 days a written statement of the effect of any injury, loss or damage suffered by him or her in respect of the offence.

Please Note: The following information has been sourced from Roth (2006).

Misuse of Drugs Act 2001 (Tas) and see also Misuse of Drugs Amendment Act 2003 (Tas);

In 1998, the Model Criminal Code Officers Committee published its report on model serious drug offences. Several jurisdictions have since enacted legislation to implement the model offences: Tasmania (2001)

Criminal Code Amendment (Abolition of Defence of Provocation) Act 2003 (Tas).

In 2003, Tasmania abolished the partial defence of provocation on the basis that it was outdated and that provocation could be taken into account in sentencing

Forensic Procedures Amendment Act 2003 (Tas).

In 2003, NSW, Queensland and Tasmania enacted reforms to their forensic procedures laws to facilitate their participation in the national DNA database.

Justice and Related Legislation (Miscellaneous Amendments) Act 2005 (Tas)

In 2005, Tasmania enacted an amendment to allow the court to accept a victim impact statement made by another person on the victim's behalf, where it considers it appropriate to do so. This may be appropriate if the victim is a child, a person with a disability, or where the making of a statement by the victim is not recommended on medical grounds.265

Family Violence Act - 2004
Following public consultation, the Tasmanian Government has developed its whole of government Safe at Home policy, to deal with domestic violence. The Government has implemented a range of measures under this policy including enacting the Family Violence Act 2004.

Mental Health Amendment (Secure Mental Health Unit) Act 2005 (Tas)

In 2005, Tasmania enacted laws to enable offenders with a serious mental illness to be detained in a secure mental health unit outside the prison system. Currently Tasmania and New South Wales are the only States in Australia where forensic mental health facilities are located inside the prison system and administered along custodial lines

Inquiries

Inquiry into Risdon Prison and Forensic Mental Health Services - 2001

In June 2001, an investigation was initiated as an own motion inquiry by the then Ombudsman following discussions with the Minister for Justice, Hon Dr Peter Patmore, in response to a number of tragic inmate deaths and a series of adverse incidents, including escapes and riot situations at Risdon Prison'.  (O'Grady 2001 : 3) The scope of the investigation included security and surveillance provisions; inmate health and safety; drugs; discipline; training and aspects of operational management in the prison.

The findings and recommendations of the Coronial Inquest into five deaths in custody, and an Inquiry into Risdon Prison and Forensic Mental Health Services were handed down in early 2001. Implementation of these findings and recommendations continued during 2004-05' (DOJ 2004-05 : 43)

Deaths in Custody Inquest - 2001

(See: Findings of the Inquest)

Indigenous Deaths in Custody Inquiry - 2001

A recommendation of the Indigenous Deaths in Custody Inquiry was that Aboriginal inmates should not be placed in cells alone (Evans 2004 : 101).

Inquiry into Risdon Prison and Forensic Mental Health Services - 2001

In June 2001, an investigation was initiated as an own motion inquiry by the then Ombudsman following discussions with the Minister for Justice, Hon Dr Peter Patmore, in response to a number of tragic inmate deaths and a series of adverse incidents, including escapes and riot situations at Risdon Prison'.  (O'Grady 2001 : 3) The scope of the investigation included security and surveillance provisions; inmate health and safety; drugs; discipline; training and aspects of operational management in the prison. One of the recommendations of the Ombudsman's Report (2001) was the establishment of a secure Forensic Psychiatric Unit, independent of Corrective Services and not located in the prison (Evans 2004 : 101)

(Source: Inquiry Volume 1 and Inquiry Volume 2)

Legislative Council Select Committee - 2001

In 2001, the Committee found the workshops were under-utilised and ‘large numbers of prisoners seemed to be wandering around the cell blocks with little to do'; that machinery in the workshops was in poor condition because of inadequate funding and more staff were required to maintain vocational training (Evans 2004).

Review of Operations Risdon prison - 2005

‘On 25 May 2005, Luppo Prins, former Tasmania Police Assistant Commissioner, was appointed to conduct a review of the operational response by the Prison Service prior to, during and after the hostage incident. Although the review found “the initial response to the incident and the internal cooperation of the specialist areas of the Prison Service was excellent', [it] ‘also identified several areas of improvement and made 34 recommendations…' (DOJ 2004-05 : 44). Strategies implemented to reduce the risk of assaults included ‘changed prisoner movement arrangements, increased staffing in vulnerable areas and increased numbers of CCTV cameras' (DOJ 2004-05 : 44) ‘In addition to improvements to physical infrastructure and operations, a significant training effort was also made including training custodial staff in motivational interactions and incident management and visits by custodial staff to other jurisdictions to gain an insight into various approaches to prisoners management' (DOJ 2004-05 : 44-45)

Major Governmental agency policy papers

Review of Family Violence Act (2004)
A review of the Act was commissioned by the Tasmanian Department of Justice and a final Report tabled in the Tasmanian Parliament on 13 March 2008. The Review is the first stage of a broader Review of the Safe at Home program. It is intended that the outcomes of Stage 1 of the Review will inform both Stage 2 and future developments of the Safe at Home program including the Family Violence Act 2004 (DOJ 2007).

Report on the Review of the Family Violence Act 2004  1.3 mb (32 pages)
Safe at Home: A Criminal Justice Framework for Responding to Family Violence in Tasmania: Options Paper August 2003  

Law reform Commission Publications

The following relevant papers are available for downloading from the Tasmania Law Reform Institute website here.

Consolidation of Arrest Laws in Tasmania

Completed Law Reform Projects: Sentencing

Offending while on bail

Custody, Arrest and Police Bail

Community Corrections Initiatives

During the 2000s programs offered by Community Corrections programs focused on reducing offending. Examples include:

Offending is not the only choice (OINTOC)
The program targets thinking and behaviour that lead to offending. Once selected for participation, offenders must attend the program as a condition of their order with Community Corrections.

Parole awareness
The program aims to provide information about how to apply for parole, how the Parole Board makes its decisions, and the expectations if a Parole Order is made. Any prisoner is able to volunteer to attend the program, whether due for parole or not

Family Violence Offender Intervention Program
Part of the Tasmanian Government's Safe at Home initiative which commenced in 2004. Key feature of the program include:

  •  
    • Individual offence mapping to identify key triggers that result in offending (violent and abusive behaviour);
    • Skill building regarding offending thinking patterns, mood regulation, feedback processes and managing conflict;
    • Learning non-violent and non-abusive skills to manage conflict and prevent violent and abusive behaviour towards others (re-offending);
    • Building and maintaining motivation to change violent and abusive (offending) behaviour; and
    • Completing a step-by-step program workbook during the program.

In 2007-07, ‘Community Corrections maintains a strategy of ongoing improvement of the consistency and quality of offender management practice [and] as part of this, in 2006-07 Community Corrections:
continued to work on the review of the statewide policy and procedures manual, and the enhancement of the quality and consistency of reports produced for the Courts and the Parole Board
carried out extensive planning to integrate the Family Violence Offender Intervention Program (FVOIP) into Community Corrections in 2007-08
provided training to staff to allow the delivery of a regular series of the Offending is Not the Only Choice Program across the state
was awarded the tender for provision of the Case Management of adult offenders for the Court Mandated Diversion program, and worked extensively with the project team regarding implementation of this program.

Community Corrections [also] continued to work closely with the Tasmania Prison Service [including] development of programs aimed at ensuring continuity for offenders across Corrective Services in Tasmania, and the collation and publication of statistics on the provision of Corrective Services in Tasmania (SCGRSP 2007-2008)

Royal Commissions

None located for this period.