LEGISLATIVE COUNCIL Question On Notice
Tuesday, 9 June 2020
2973. Hon Alison Xamon to the Minister for Environment representing the Minister for Corrective Services
I refer to the use of separate confinement in Weste Australian prisons, and I ask: (a) for each prison and Banksia Hill Detention Centre separately, on how many occasions were prisoners subject to a separate confine ent order in: (i) 2018-19; and (ii) 2019-20 to date; (b) how many of the orders in (a)(i) and (ii) were made by a: (i) prison superintendent; (ii) visiting justice; and (iii) other (please advise who); and (c) for what length of time were prisoners subject to separate confinement under the orders in (a)(i) and (ii)?
Answer (a)(i) In 2018-19: Punishment by confinement (s82 Prisons Act 1981) was utilised a total of 1421 ti e across the adult custodial estate as referred to in Table 1 [Please see tabled paper no. ]. Separate confinement (s43 Prisons Act 1981) for the pur oses of maintaining good govem ent, good order or security in a prison was utilised a total of 63 times. This being Hakea Prison (x23), Casuarina Prison (x37) and Bandyup Women s Prison (x3). Separate confinement (si 73 (2)(e) Young Offenders Act 1994) was utilised a total of 19 times at Banksia Hill Detention Centre.
(a) (ii) In 2019-20: Punishment by confinement (s82 Prisons Act 1981) was utilised a total of 1978 times across the adult custodial estate as referred to in Table 2 [Please see tabled paper no. ]. Separate confinement (s43 Prisons Act 1981) for the purposes of maintaining good government, good order or security in a prison was utilised 11 times at Hakea Prison (xl) and Casuarina Prison (xlO). Separate confinement (si 73 (2)(e) Young Offenders Act 1994) was not utilised at Banksia Hill Detention Centre.
(b) (i) In 2018-19: Punishment by confinement (s82 Prisons Act 1981) was utilised by a Prison Superintendent on 31 occasions as referred to in Table 3 [Please see tabled paper no. ]. Separate confinement (si 73 (2)(e) Young Offenders Act 1994) was utilised by the Banksia Hill Detention Centre Superintendent on 9 occasions.
In 2019-20: Punishment by confinement (s82 Prisons Act 1981) was utilised by a Prison Superintendent on 33 occasions as referred to in Table 4 [Please see tabled paper no. ]. (b)(ii) In 2018-19: Punishment by confinement (s82 Prisons Act 1981) was utilised by a Visiting Justice on 1383 occasions as referred to in Table 5 [Please see tabled paper no. ]. Separate confinement (si 73 (2)(e) Young Offenders Act 1994) was utilised by a Visiting Justice on 10 occasions.
In 2019-20: Punishment by confinement (s82 Prisons Act 1981) was utilised by a Visiting Justice on 1943 occasions as referred to in Table 6 [Please see tabled paper no. ].
(b)(iii) In 2018-19: Separate confinement (s43 Prisons Act 1981) was authorised by the Assistant Commissioner Custodial Operations on 63 occasions. Punishment by confinement (s82 Prisons Act 1981) was utilised by a Magistrate on 7 occasions as referred to in Table 7 [Please see tabled paper no. ].
In 2019-20: Separate confinement (s43 Prisons Act 1981) was authorised by the Assistant Commissioner Custodial Operations on 11 occasions. Punishment by confinement (s82 Prisons Act 1981) was utilised by a Magistrate on 2 occasions as referred to in Table 8 [Please see tabled paper no. ].
(c) s43 Separate Confinement orders are for a maximum of 30 days. s82 Punishment by Confinement orders can be provided for periods up to seven days. si 73 (2)(e) For a period not e ceeding 24 hours if the order is made by the Superintendent; or for a period not exceeding 48 hours if the order is made by a visiting justice. TABLE 1
FY 2018 - 2019
Hearing Authority Facility ACACIA PRISON 465 FACILITY MANAGEMENT 4 VISITING JUSTICE 461 ALBANY REGIONAL PRISON 57 VISITING JUSTICE 57 BANDYUP WOMENS PRISON 53 FACILITY MANAGEMENT 4 VISITING JUSTICE 49 BROOME REGIONAL PRISON 4 FACILITY MANAGEMENT 4 BUNBURY REGIONAL PRISON 118 FACILITY MANAGEMENT 6 VISITING JUSTICE 112 CASUARINA PRISON 277 VISITING JUSTICE 277 EASTERN GOLDFIELDS REGIONAL PRISON 98 MAGISTRATE 7 VISITING JUSTICE 91 GREENOUGH REGIONAL PRISON 17 VISITING JUSTICE 17 HAKEA PRISON 224 FACILITY MANAGEMENT 3 VISITING JUSTICE 221 KARNET PRISON FARM 4 FACILITY MANAGEMENT 1 VISITING JUSTICE 3 ELALEUCA REMAND AND REINTEGRATION FACILITY 11 FACILITY MANAGEMENT 5 VISITING JUSTICE 6 PARDELUP PRISON FARM 1 VISITING JUSTICE 1 ROEBOURNE REGIONAL PRISON 31 FACILITY MANAGEMENT 2 VISITING JUSTICE 29 WEST KIMBERLEY REGIONAL PRISON 9 FACILITY ANAGEMENT 1 VISITING JUSTICE 8 WOOROLOO PRISON FARM 52 FACILITY MANAGEMENT 1 VISITING JUSTICE 51
TOTAL 1421 TABLE 2
FY 2019-2020
Hearing Authority Facility ACACIA PRISON 670 FACILITY MANAGEMENT 5 MAGISTRATE 2 VISITING JUSTICE 663 ALBANY REGIONAL PRISON 109 FACILITY MANAGEMENT 2 VISITING JUSTICE 107 BANDYUP WOMENS PRISON 137 FACILITY MANAGEMENT 11 VISITI G JUSTICE 126 SUNBURY REGIONAL PRISON 99 FACILITY MANAGEMENT 4 TWO VISITING JUSTICES 8 VISITING JUSTICE 87 CASUARINA PRISON 311 FACILITY MANAGEMENT r VISITING JUSTICE 310 EASTERN GOLDFIELDS REGIONAL PRISON 119 FACILITY MANAGEMENT 3 TWO VISITING JUSTICES 30 VISITING JUSTICE 86 GREENOUGH REGIONAL PRISON 49 VISITING JUSTICE 49 HAKEA PRISON 394 FACILITY MANAGEMENT 1 VISITING JUSTICE 393 ELALEUCA REMAND AND REINTEGRATION FACILITY 47 VISITING JUSTICE 47 ROEBOURNE REGIONAL PRISON 13 VISITING JUSTICE 13 WEST KIMBERLEY REGIONAL PRISON 6 FACILITY MANAGEMENT 6 WOOROLOO PRISON FARM 24
VISITING JUSTICE 24 TOTAL 1978 TABLE 3
FY 2018-2019
Hearing Authority Facility ACACIA PRISON 4 FACILITY MANAGEMENT 4
BANDYUP WOMENS PRISON _ 4 FACILITY MANAGEMENT 4 BROOME REGIONAL PRISON 4 FACILITY MANAGEMENT 4 BUNBURY REGIONAL PRISON 6 FACILITY MANAGEMENT 6
HAKEA PRISON _3 FACILITY MANAGEMENT 3 KARNET PRISON FARM 1 FACILITY MANAGEMENT 1 MELALEUCA REMAND AND REINTEGRATION FACILITY 5 FACILITY MANAGEMENT 5 ROEBOURNE REGIONAL PRISON 2 FACILITY MANAGEMENT ~~~~ T WEST KIMBERLEY REGIONAL PRISON i FACILITY MANAGEMENT i WOOROLOO PRISON FARM i FACILITY MANAGEMENT J TOTAL 31 TABLE 4
FY 2019-2020
Hearing Authority Facility ACACIA PRISON 5 FACiliTY MANAGEMENT 5 ALBANY REGIONAL PRISON 2 FACILITY MANAGEMENT 2 BANDYUP WOMENS PRISON 11 FACILITY MANAGEMENT 11 BUNBURV REGIONAL PRISON 4 FACILITY MANAGEMENT 4 CASUARINA PRISON 1 FAdLiTY MANAGEMENT \ EASTERN GOLDFIELDS REGIONAL PRISON 3 FACILITY MANAGEMENT "~7 HAKEA PRISON 1 T WEST KI BERLEY REGIONAL PRISON 6 FACILITY MANAGEMENT _ ~ _ 6 TOTAL ' 33 TABLE 5
,FY„ _ 2018-2019
Hearing Authority Facility ACACIA PRISON 4 61 VISITING JUSTICE 4 61 ALBANY REGIONAL PRISON 57 VISITING JUSTICE 57 BANDYUP WOMENS PRISON 49 VISITING JUSTICE BUNBURY REGIONAL PRISON 112 VISITING JUSTICE 112 CASUARINA P ISON 277 VISIT IN G JUSTicE- ~™~ ~277 EASTERN GOLDFIELDS REGIONAL PRISON 91 VISITING JUSTICE "" GREENOUGH REGIONAL PRISON 17 VISITING JUSTICE " 17 HAKEA PRISON 221 ~~~ ~~~~~22
KARNET PRISON FARM 3 visii NG ijsTicE ~~~ 3 ELALEUCA REMAND AND REINTEGRATION FACILITY 6 VISITING JUSTIC ~ PARDELUP PRISON FARM 1 visiting ustice " ~T" ROEBOURNE REGIONAL PRISON 29 VISITING JUSTICE " 29 WEST KIMBERLEY REGIONAL PRISON 8 VISITING JUSTICE ~~~~ WOOROLOO PRISON FARM 51 VISITING JUSTICE 51 TOTAL 1383 TABLE 6
FY 2019-2020
Hearing Authority Facility ACACIA PRISON 663 VISITING JUSTICE 663 ALBANY REGIO AL PRISON 107 visiting ustice To BANDYUP WOMENS PRISON 126 visiting ustice BUNBURY REGIONAL RISON 95
VISITING JUSTICE 87 CASUARINA PRISON 310 VISITING ju T| e Jytc EASTERN GOLDFIELDS REGIONAL PRISON 116 TWO VISITING JUSTICES"™ _ ~~lo" VISITING JUSTICE 8 6 GREENOUGH REGIONAL PRISON 4 9 VISITING JUSTICE " HAKEA PRISON 393 VISlfiNG uSTiCE~~™~ ~~~393 MELALEUCA REMAND AND REINTEGRATION FACILITY 47 Vi S ITI N q j yg ji I ROEBOURNE REGIONAL PRISON 13 VISITING JUSTlci ' ~~ 3 WOOROLOO PRISON FAR 24 VISITINGJUSTICE ~~ ~~~ ~ ~~24 TOTAL 1943 TABLE 7
FY 2018-2019
Hearing Authority Facilit EASTERN GOLDFIELDS REGIONAL PRISON 7 MAGISTRATE 7 TOTAL 7 TABLE 8
FY 2019-2020
Hearing Authority Facility ACACIA PRISON 2 MAGISTRATE 2 TOTAL 2