In August 2007, the Brumby Government introduced legislation, the Justice Legislation Amendment Bill 2007, which, among other things, provides for:
- the interception or censorship of correspondence sent by or to prisoners; and
- the use of firearms by prison officers when prisoners are attempting to escape.
The Bill was accompanied by a Statement of Compatibility under the Victorian Charter which concluded that the provisions were consistent with human rights. The Bill was then considered by the independent Scrutiny of Acts and Regulations Committee (‘SARC’) pursuant to its powers under the Charter.
On 14 September 2007, the Centre made a Submission to SARC regarding the Justice Legislation Amendment Bill.
In the Centre’s view, the provisions relating to interception and censorship of prisoner correspondence engage human rights under s 13 (right to freedom from unlawful or arbitrary interference with privacy, family, home or correspondence) and s 15 (right to freedom of expression) of the Charter, while the provisions regarding the use of firearms against escaping prisoners engage s 9 (right to life).
The Centre’s submission concludes that, in relation to both issues, the provisions are overbroad, potentially arbitrary, and are insufficiently proportionate and justified. For example, the provisions relating to prisoner correspondence would, on one view, preclude a prisoner sending a letter to any person who has been a victim of any crime. Similarly, the provisions relating to the use of firearms may permit a prison officer to shoot an escaping prisoner regardless of the threat posed by that prisoner, contrary to the requirements under human rights law that firearms be used as a last resort to prevent the escape of a prisoner who presents an imminent and grave threat to life or likelihood of serious injury.
The Centre was provided with excellent pro bono assistance in researching and drafting the submission by Ros Grady, Jonathan Kelp, Peter Henley, Lachlan McMurtrie, Rebecca Pereira, and Jane Tipping of the Mallesons Human Rights Law Group and Hugh de Kretser and Charandev Singh of the Federation of Community Legal Centres.
