The Corrections Amendment Bill 2008 (Vic) was introduced to Parliament in July 2008. According to s 1 of the Bill, it ‘provides for the creation of prisoner compensation quarantine funds for the purpose of paying into those funds certain damages awarded to prisoners and to provide for the payments out of those funds of certain amounts recoverable by victims and others from prisoners.’
On 11 August 2008, the Centre made a Submission to the Scrutiny of Acts and Regulations Committee regarding the Corrections Amendment Bill 2008.
As discussed in the submission, the Centre has grave concerns about the impact that provisions of the Bill would have on the following human rights:
- The right to recognition and equality before the law (section 8)
- The right to privacy and reputation (section 13)
- The right to protection of families and children (section 17)
- Property rights (section 20)
- The right to humane treatment when deprived of liberty (section 22)
- The right to fair hearing, including the right to equal access to courts (section 24)
- The right to an effective remedy (which is fundamental to the protection of all human rights).
The Centre also questions the effectiveness of the Bill, as it seems more likely to deter prisoners from claiming compensation (regardless of the legitimacy of their claim), rather than to assist victims of crime to recover compensation. By discouraging meritorious litigation by prisoners it may actually reduce the pool of money available to any victim. As a result, the likely outcome of the Bill is that it would further punish both prisoners and victims of crime.
