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Parramatta Female Factory Precinct As a Site of Conscience: Using Institutional Pasts to Shape Just Legal Futures

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Parramatta Female Factory Precinct As a Site of Conscience: Using Institutional Pasts to Shape Just Legal Futures 2020 PFFP as a Site of Conscience 521 PARRAMATTA FEMALE FACTORY PRECINCT AS A SITE OF CONSCIENCE: USING INSTITUTIONAL PASTS TO SHAPE JUST LEGAL FUTURES LINDA STEELE,* BONNEY DJURIC,** LILY HIBBERD*** AND FIONA YEH**** Parramatta Female Factory Precinct Association through its Memory Project is activating PFFP as Australia’s first officially recognised Site of Conscience. Through the Memory Project, survivors of Parramatta Girls Home are using art practices and social history to disrupt dominant, official narratives that have silenced their experiences, to put their memories of the Home into action and to prevent future injustices of institutionalisation. For law students and legal practitioners the work of Parragirls through the Memory Project offers possibilities for confronting the complicity of Australian legal systems and legal actors in the harms and injustices of institutional confinement. It provides examples and new methods to direct them towards practices of collective ethical accountability in order to shaping more just future legal frameworks of institutional confinement. In support of this argument the article discusses a recent collaboration between the authors to engage law students in the Precinct through an excursion to the site. I INTRODUCTION Government inquiries, advocacy reports and media coverage in the past 10 years have illuminated the harms and injustices of Australian institutions of confinement * LLB(Hons)/BA, GDLP (UOW), MPIL (UniMelb), PhD (USyd). Senior Lecturer, Faculty of Law, UTS. This research was supported by a UTS Shopfront Community Research Fellowship and funding from UTS Law Health Justice Research Centre. Thank you to Joy Twemlow for research assistance and Margaret Malone for editorial input. Thank you to the Parragirls who facilitated the ‘Law and Mental Health’ excursion in 2018. ** OAM; Assoc. Dip Fine Arts; Welfare Studies Cert (TAFE), B.Ed Secondary Visual Art; BFA (Hons); MA Time Based Art (incomplete) UNSW. Co-founder, Parragirls, the PFFP Memory Project and Parramatta Female Factory Precinct Association; Adjunct Lecturer, NIEA, UNSW. *** BA (Fine Art), MFA (UniMelb), PhD (Monash). Adjunct Lecturer, Faculty of Art & Design, UNSW; Postdoctoral Research Fellow, LARCA, Université de Paris, France. **** LLB/BCom, Research Assistant, University of Technology Sydney. 522 UNSW Law Journal Volume 43(2) across child welfare,1 criminal justice,2 disability and mental health,3 aged care4 and immigration detention sectors.5 The presentation and critique of this evidence of institutional harms and injustices has largely been approached in terms of different sectors with little consideration of common and interlocking practices and populations. In contrast, this article is premised on the view that – as highlighted by the recent coverage – Australia’s institutions of confinement, across sectors, not only have in common a propensity for harm and injustice, but also detain many of the same kinds of marginalised populations, including Indigenous Australians, disabled people, racialised 1 See, eg, Linton Besser, ‘Broken Homes: On the Frontline of Australia’s Child Protection Crisis’, ABC Four Corners (online, 14 November 2016) <https://www.abc.net.au/news/2016-11-14/four-corners-broken-homes- child-protection/7987450>; Royal Commission into Institutional Responses to Child Sexual Abuse (Final Report, December 2017) (‘Royal Commission into Child Sexual Abuse: Final Report’); Royal Commission and Board of Inquiry into the Protection and Detention of Children in the Northern Territory (Final Report, November 2017) vols 3A, 3B (‘Royal Commission into Detention of Children: Final Report’). 2 See, eg, Caro Meldrum-Hanna, ‘Australia’s Shame’, ABC Four Corners (online, 25 July 2016) <https://www.abc.net.au/4corners/australias-shame-promo/7649462>; Amanda Porter, ‘Why We Should Honour the Humanity of Every Person Who Dies in Custody’, The Conversation (online, 15 April 2016) <http://theconversation.com/why-we-should-honour-the-humanity-of-every-person-who-dies-in-custody- 57272>; Royal Commission into Detention of Children: Final Report (n 1) vols 2A, 2B; Kriti Sharma, Human Rights Watch, ‘I Needed Help, Instead I Was Punished’: Abuse and Neglect of Prisoners with Disabilities in Australia (Report, 6 February 2018) <https://www.hrw.org/report/2018/02/06/i-needed-help-instead-i-was- punished/abuse-and-neglect-prisoners-disabilities>; Calla Wahlquist, ‘Family of Aboriginal Woman Who Died in Custody Want Coroner to Consider “Systemic Racism”’, The Guardian (online, 30 April 2019) <https://www.theguardian.com/australia-news/2019/apr/30/family-of-aboriginal-woman-who-died-in-custody- want-coroner-to-consider-systemic-racism>. 3 Australian Human Rights Commission, A Future Without Violence: Quality, Safeguarding and Oversight to Prevent and Address Violence Against People with Disability in Institutional Settings (Report, June 2018) <https://www.humanrights.gov.au/sites/default/files/document/publication/AHRC_report_VAPWD_2018.pdf>; Senate Community Affairs References Committee, Parliament of Australia, Indefinite Detention of People with Cognitive and Psychiatric Impairment in Australia (Report, 29 November 2016) <https://www.aph.gov.au/Parliamentary_Business/Committees/Senate/Community_Affairs/IndefiniteDetention4 5/Report>; Senate Community Affairs References Committee, Parliament of Australia, Violence, Abuse and Neglect against People with Disability in Institutional and Residential Settings, including the Gender and Age Related Dimensions, and the Particular Situation of Aboriginal and Torres Strait Islander People with Disability, and Culturally and Linguistically Diverse People with Disability (Report, 25 November 2015) <https://www.aph.gov.au/Parliamentary_Business/Committees/Senate/Community_Affairs/Violence_abuse_neg lect/Report>; Nick McKenzie, ‘In Our Care’, ABC Four Corners (online, 24 November 2014) <https://www.abc.net.au/4corners/in-our-care/5916148>; Royal Commission into Violence, Abuse, Neglect and Exploitation of People with Disability, Letters Patent: Terms of Reference (4 April 2019) <https://disability.royalcommission.gov.au/about/Pages/Terms-of-reference.aspx>. 4 See, eg, Senate Community Affairs References Committee, Parliament of Australia, Effectiveness of the Aged Care Quality Assessment and Accreditation Framework for Protecting Residents from Abuse and Poor Practices, and Ensuring Proper Clinical and Medical Care Standards are Maintained and Practised (Final Report, April 2017) <https://www.aph.gov.au/Parliamentary_Business/Committees/Senate/Community_Affairs/AgedCareQuality/Re port>; Kate Carnell and Ron Paterson, Review of National Aged Care Quality Regulatory Processes (Final Report, October 2017) <https://agedcare.health.gov.au/sites/g/files/net1426/f/documents/10_2017/review_report_final_23_october_201 7.pdf>; Anne Connolly, ‘Who Cares?’, ABC Four Corners (online, 17 September 2018) <https://www.abc.net.au/4corners/who-cares/10258290>; Nicola Gage, Angelique Donnellan and Nick Harmsen, ‘Oakden Mental Health Facility to Be Shut Down by South Australian Government’, ABC News (online, 20 April 2017) <https://www.abc.net.au/news/2017-04-20/controversial-oakden-mental-health-facility- to-be-shut-down/8457928>; Royal Commission into Aged Care Quality and Safety, Letters Patent: Terms of Reference (6 December 2018) <https://agedcare.royalcommission.gov.au/Pages/Terms-of-reference.aspx>. 5 Amnesty International, Island of Despair: Australia’s ‘Processing’ of Refugees on Nauru (Report No 12/4934/2016, 17 October 2016) <https://www.amnesty.org.au/wp-content/uploads/2016/10/ISLAND-OF- DESPAIR-FINAL.pdf>. 2020 PFFP as a Site of Conscience 523 people, people experiencing poverty, children removed from their parents, and older people.6 It is important to resist looking at current issues of institutional injustice in isolation, partitioning them off from wider, persistent questions of institutionalisation, and its relationships to colonialism, eugenics, human rights abuses, cycles of injustice, settler colonial nation-building, and marginalised populations’ resistance to dehumanisation, control and violence (as well as their resilience and survival). We argue that systems of institutionalisation across diverse sectors – including child welfare, criminal justice, juvenile justice and mental health – sustain the place and role of Australian institutions of confinement within a punitive system. These systems of institutionalisation are embedded in the settler colonial Australian state and denial of Aboriginal and Torres Strait Islander sovereignty and self-determination. It is timely for legal scholars and practitioners to reflect on how to conceptualise, and do, justice in ways that address the interrelationship between institutions of confinement and account for law’s complicity in the persistence of institutional harms in a settler colonial context. In this article, we argue that Sites of Conscience provide a useful framework through which to begin to make these connections between institutions in terms of space, time and bodies. The global Sites of Conscience movement involves engaging communities in the history and heritage of places in order to prompt dialogue on contemporary human rights, social justice and democracy. Some Sites of Conscience organisations have engaged with historic institutional sites, such as prisons, mental asylums, residential schools, and workhouses. It might seem counterintuitive to see places of historical suffering and pain as vehicles for redressing contemporary
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