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House of Assembly - Fifty-Second Parliament, Second Session (52-2)
2013-05-16 Daily Xml
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PRISONER COMPLAINT, OMBUDSMAN'S REPORT

Mr VAN HOLST PELLEKAAN (Stuart) (14:42): Again, my question is to the Minister for Correctional Services. Does the minister agree with the Ombudsman's report that the government acted 'contrary to law' given the manner in which Ms Davies was restrained, and if not, why not?

The Hon. M.F. O'BRIEN (Napier—Minister for Finance, Minister for Police, Minister for Correctional Services, Minister for Emergency Services, Minister for Road Safety) (14:42): I think the Ombudsman's report is quite a balanced one, and that is the view of Corrections as well. The Ombudsman has accepted the view of Corrections that the primary objective was to ensure that Ms Davies did not inflict grievous harm upon herself. The prime concern of corrections officers was to keep this woman alive. As I detailed in my ministerial statement, we have spent a considerable amount of money in seeking to attain that outcome and we spent a considerable amount of money keeping the woman under close observation while a facility was constructed at Port Augusta.

I have visited the women's prison and I have seen the facility in which Ms Davies was held. I have visited Yatala and I have been into the cell in which she was held. We have made a commitment, both at Yatala and the women's prison, to upgrade the facilities, such that if we have a repetition of this type of case we will be in a position to deal with it in a more humane way than we were forced to in this particular instance. The Ombudsman has recognised that a considerable amount of money has been expended in three facilities, particularly the facility at Port Augusta, and that work will commence at the other two facilities.

We have addressed all of the recommendations of the Ombudsman, bar the one in relation to restraints. As I said, we are working with the New South Wales government to develop a device, if you like, that would meet the requirements of the Ombudsman. I believe that work is now currently underway to develop that particular product, because there is not a product currently on the market that would fulfil the outcome required by the Ombudsman.

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