Correctional Services (Miscellaneous) Amendment Bill

Second Reading

The Hon. S.G. WADE (Minister for Health and Wellbeing) (18:14): I move:

That this bill be now read a second time.

I seek leave to have the second reading explanation and the detailed explanation of clauses inserted in Hansard without my reading them.

Leave granted.

At the last state election the government committed to a zero tolerance policy in relation to drugs in prisons and pledged to introduce legislation to support this policy in its first 100 days. Stopping drugs entering our prisons remains a priority for this government to protect both employees and prisoners.

All correctional jurisdictions are challenged by prisoner drug use and attempts to introduce drugs into prisons. The number of prisoners detained in South Australia for drug related offending is significant. The Department for Correctional Services (DCS) has dedicated resources to ensuring it has sophisticated infrastructure, technology, and systems in place to prevent attempts to introduce drugs. In the 2017-18 financial year there were over 5,000 drug tests and nearly 100,000 searches conducted in South Australian prisons to detect contraband and illicit drugs.

This Bill will assist DCS to block potential avenues for drug incursion and increase the safety, security and integrity of the prison system.

The Correctional Services (Miscellaneous) Amendment Bill 2018 (the Bill) provides for amendments to be made to the Correctional Services Act 1982 (the Act) to provide the power to:

prohibit members of outlaw motorcycle gangs (OMCG) and organised crime groups from visiting prisons;

limit the rights of child sex offenders to be visited by persons under the age of 18 years; and

institute workplace testing of prison officers, staff and contractors for alcohol and illegal drugs.

Prisons have traditionally been prime locations for members of OMCGs and organised crime groups to recruit new members. These same groups also attempt to continue their criminal activities and associations whilst in custody. This includes seeking to profit from the introduction and distribution of contraband to prisoners, and to protect their criminal interests and enterprises through witness manipulation and intimidation. Drugs and associated contraband that make it into the prison system are also considered a valuable currency. As such, it is vital that the influence of organised crime groups such as OMCG is impeded and the conduit for trafficking of drugs into prisons is obstructed.

In the last financial year over 162 prisoners known to be affiliated with outlaw motorcycle gangs (OMCG) were detained in South Australian prisons and 144 individuals were banned from visiting prisoners.

In its current form, the Correctional Services Act 1982 provides no power to prevent members of organised crime groups from entering prisons and associating with prisoners.

This Bill will introduce an amendment that specifically recognises criminal organisations as defined in the Criminal Law Consolidation Act 1935. This will enable the Department to work closely with South Australia Police to limit the power and control of organised crime groups and sever links between prisoners and their associates.

Despite the strong intent of this amendment, the Bill does include a discretionary measure available to the DCS Chief Executive (CE) to approve visits in exceptional circumstances only, ensuring that necessary family and community connections are not completely disengaged.

Currently the Act prevents a person under the age of 18 years from visiting a prisoner whose current sentence is in relation to a child sexual offence. This Bill strengthens that provision by ensuring that a person under the age of 18 years cannot visit a prisoner who has ever been found guilty of a child sexual offence. This amendment strengthens an existing provision and ensures that the protection of vulnerable children is the overriding consideration.

This amendment does allow for the CE to approve child visits where appropriate. This allows the wellbeing of a child to be taken into consideration by the CE in his decision making.

The Bill also proposes new provisions that provide for workplace drug and alcohol testing of staff, officers and employees. The term 'officer or employee' includes all persons employed directly by the Department and those who are designated as an officer of the Department (for example G4S staff who operate the privately run Mount Gambier Prison). The Bill also allows for the testing of contractors. This ensures that the Bill includes staff employed by other government departments and any persons working at a correctional facility (such as tradespeople undertaking maintenance or building works at a prison site). This is because we do not want anyone in our prisons under the influence of drugs or alcohol.

Introducing drug and alcohol testing of staff strengthens the government's and the Department's stance against the scourge of drugs and sets a high standard of professionalism, integrity and transparency. The provisions, which mirror SAPOL's approach to staff testing, enable both random and targeted testing in a range of situations including:

following a critical incident;

if there is reasonable suspicion of recent drug or alcohol consumption; and

as part of a testing program to ensure the integrity of those who are employed in designated departmental positions.

It is anticipated that the testing will focus on common drugs of concern as determined through consultation with SAPOL and SA Pathology.

If the Bill is passed, it is proposed that the Department will undertake a process to appoint a contractor to administer an independent testing program which includes providing breathalysers and drug testing equipment and undertaking the testing, analysis and reporting functions.

The key objective of this Bill is to deliver important reform that supports the government's war on drugs policy and delivers enhanced safety and security in South Australia's prisons. The Bill will also serve to advance collaboration with other law enforcement and justice agencies in the interests of community safety.

I commend the Bill to Members.

Explanation of Clauses

Part 1—Preliminary

1—Short title

2—Commencement

3—Amendment provisions

These clauses are formal.

Part 2—Amendment of Correctional Services Act 1982

4—Amendment of long title

The long title of the Act is amended to refer the fact that the Act will provide for drug and alcohol testing of correctional services officers and employees and other persons.

5—Amendment of section 4—Interpretation

Certain definitions are inserted into the Act for the purposes of the measure.

6—Insertion of section 6

New section 6 is inserted:

6—Criminal intelligence

This section sets out a scheme for the protection from disclosure of information that is classified by the Commissioner of Police as criminal intelligence for the purposes of granting an approval under section 34(4)(e) of the Act or making an order under section 85A(1)(b) of the Act.

7—Amendment of section 34—Prisoners' rights to have visitors

Section 34 is amended to provide that a person who the CE believes on reasonable grounds is a member of a criminal organisation, or associates with, or has associated with, a member of a criminal organisation, may not visit a prisoner without the approval of the CE. Another amendment broadens the prohibition on visits by children so that a prisoner who has ever been found guilty of a child sexual offence cannot be visited by a child, unless the child has been given permission by the CE.

8—Insertion of Part 7A

New Part 7A is inserted:

Part 7A—Drug and alcohol testing scheme

81S—Interpretation

The scheme provides for drug and alcohol testing of officers and employees of the Department. The scheme is substantially similar to the scheme in the Police Act 1998.

One key difference is that the CE is able to require drug and alcohol testing of an officer or employee on the ground that the CE considers that the officer or employee should undergo such testing.

Also, provision is made to allow the CE to require a person who enters a correctional institution to undergo drug and alcohol testing, subject to the person's consent.

81T—Drug and alcohol testing of officers and employees

81U—Drug and alcohol testing of applicants to Department

81V—Drug and alcohol testing of other persons

81W—Procedures for drug and alcohol testing

81X—Biological samples, test results etc not to be used for other purposes

9—Amendment of section 83—CE may make rules

This amendment is consequential.

10—Amendment of section 85A—Exclusion of persons from correctional institution

The power of the CE to exclude persons from correctional institutions is extended to apply to a person who is a member of a criminal organisation, or associates with, or has associated with, a member of a criminal organisation.

Debate adjourned on motion of Hon. I.K. Hunter.