Prisons boss cites cabinet confidentiality over human rights law carve-out

Jon Peach, less than two months into his acting role as commissioner of the state's corrections system, faced his first round of questions from the parliamentary committee on Monday.

On the agenda was a bill floated by the Crisafulli government last sitting week that would make prisoners serving life sentences jump through extra hoops to get parole. Tucked into the bill, introduced by Corrective Services Minister Laura Gerber, is a much broader provision to essentially bypass the human rights protections of all prisoners.

Asked by Maiwar Greens MP Michael Berkman whether Peach or his predecessor, Paul Stewart, asked for the provision, Peach said that would be covered by cabinet confidentiality.

In a follow-up, acting assistant commissioner Natalie Smith noted the department's own legislation includes a primary principle for the 'humane containment of prisoners'.

'So it's woven through all of our policies,' Smith said. 'And there remain safeguards in the Inspector of Detention Services and the Ombudsman, which will continue to, I guess, promote human rights and compatibility with international human rights conventions for prisoners.'

The clause has drawn criticism from peak legal bodies, along with the acting Ombudsman, Anthony Reilly, and Queensland Human Rights Commissioner Debbie Platz. Neither appeared before Monday's hearing.

The Human Rights Commission has also made a written submission to the justice, integrity and community safety committee, which is examining the bill.

Analysis

Why This Matters

The bill goes beyond tightening parole for life sentence prisoners: it would effectively bypass human rights protections for all prisoners in Queensland
The carve-out has drawn opposition from peak legal bodies, the acting Ombudsman and the Human Rights Commissioner, making it a test of the government's human rights stance
The government has not disclosed who requested the provision, raising a transparency question about a law that would strip existing protections

Background

The bill was introduced by Corrective Services Minister Laura Gerber and floated by the Crisafulli government last sitting week. Alongside changes that would make parole harder to obtain for prisoners on life sentences, it contains a broader clause that would essentially set aside human rights protections for prisoners. The justice, integrity and community safety committee is now examining the bill, with the Human Rights Commission among those to make written submissions. The corrections department's own legislation includes a primary principle of humane containment, which the department says is woven through its policies, with the Inspector of Detention Services and the Ombudsman remaining as oversight bodies.

Key Perspectives

The government and corrections: Peach says who asked for the provision is a matter of cabinet confidentiality. Smith points to the humane containment principle and continuing oversight from the Inspector of Detention Services and the Ombudsman as safeguards. Watchdogs and legal bodies: Peak legal bodies, acting Ombudsman Anthony Reilly and Queensland Human Rights Commissioner Debbie Platz have all raised concerns about the clause. Greens MP Michael Berkman: Berkman pressed the commissioner directly on who requested the carve-out, receiving only the cabinet confidentiality response.

What to Watch

The justice, integrity and community safety committee's findings and whether the provision survives scrutiny
Any move by the government to explain or amend the clause during the parliamentary process
Further public statements from Reilly, Platz or legal bodies as the bill advances

Analysis

Why This Matters

Background

Key Perspectives

What to Watch

Sources