The Queensland government has proposed a bill that would exempt Queensland Corrective Services and its staff from the duty to make decisions compatibly with prisoners' human rights or properly consider them. The government says the change puts the rights of victims ahead of offenders, but opponents warn the proposal is "profoundly dehumanising" and could leave prisoners, including people on remand, with no basis to complain.
The bill would stop section 58 of the Human Rights Act from applying to decisions about all prisoners, meaning the chief executive of Queensland Corrective Services and its staff would no longer have to act compatibly with human rights.
Queensland Human Rights Commissioner Debbie Platz said prisoners would have no basis to complain to the Human Rights Commission if the bill passed in its current form. "This includes people who are imprisoned on remand and who have not been convicted of any crime," she said.
Sisters Inside north Queensland program manager Carissa Daisy said the exemption would also apply to people imprisoned for non-violent offending. She warned the changes could mean triple bunking, prisoners kept longer in solitary confinement and restricted access to family visits.
"The government cannot justify stripping protections from an entire prison population by pointing to the people it considers the most frightening," Ms Daisy said.
"Human rights are not a reward for good behaviour. A government cannot claim to oppose violence against women while removing protections that women can use to challenge harm in its own prisons. Women do not stop deserving safety, dignity and care when they are criminalised."
Ms Daisy also said people in Townsville needed to understand that the proposal "reaches into our own community". About two-thirds of Queensland's 15 correctional centres are located outside metropolitan Brisbane, including prisons at Woodford, Townsville, Mareeba and North Rockhampton.
In its submission on the bill, the Queensland Human Rights Commission said the changes would also mean QCS would not have to comply with the human rights of people affected by decisions about a prisoner, including family members seeking to contact them.
"Overriding human rights should only occur in exceptional circumstances, such as where there is a war, state of emergency, or an exceptional crisis situation," the submission read.
Analysis
Why This Matters
- The bill removes the legal duty on Queensland Corrective Services and its staff to consider prisoners' human rights, which in turn removes the basis for prisoners to complain to the Queensland Human Rights Commission.
- The change applies to the whole prison population, including people on remand who have not been convicted of any crime and people held for non-violent offences.
- It would also affect prisoners' family members, for example those seeking contact, at a time when advocates warn of triple bunking, prolonged solitary confinement and restricted family visits.
Background
Queensland's Human Rights Act sets out the state's statutory human rights protections, and section 58 is the provision requiring public entities to make decisions compatibly with human rights and to consider them properly. Human rights law generally allows rights to be limited for legitimate purposes. The commission's argument is that the bill goes much further by removing the obligation entirely for all prisoners, when overriding rights should only occur in exceptional circumstances such as war or a state of emergency.
The proposal sits within a broader debate about balancing victims' interests with the treatment of people in custody. The practical reach of the change would extend well beyond Brisbane, with about two-thirds of Queensland's 15 correctional centres located in regional areas including Woodford, Townsville, Mareeba and North Rockhampton.
Key Perspectives
Queensland government: Says the bill is putting the rights of victims ahead of offenders.
Queensland Human Rights Commissioner Debbie Platz: Warns that if the bill passes in its current form, prisoners will have no basis to complain to the Human Rights Commission, including people on remand who have not been convicted.
Sisters Inside: Carissa Daisy, the group's north Queensland program manager, calls the proposal profoundly dehumanising and warns it could bring triple bunking, longer solitary confinement and restricted access to family visits. She argues human rights are not a reward for good behaviour and that the government cannot justify stripping protections from an entire prison population by pointing to the people it considers most frightening.
Queensland Human Rights Commission: In its submission, the commission says the changes would also remove protections for family members affected by decisions about a prisoner, and argues rights should only be overridden in exceptional circumstances.
What to Watch
- Whether the bill is amended before passage in response to the commission's submission.
- The government's response to concerns about remand prisoners and people held for non-violent offences losing their avenues to complain.
- How Queensland Corrective Services would weigh human rights in practice if the duty is removed.