From Our Desk

The decision is available here: https://archive.sclqld.org.au/qjudgment/2022/QSC22-084.pdf

Whilst this particular applicant was unsuccessful in this application for statutory review, this decision provides evidence of two concerning and long-standing issues within the parole and prison law space.

Firstly, the absolute lack of funding that is afforded to persons in prison attempting to navigate the parole system. Judges should not be required to provide legal advice to self-represented litigants throughout the course of a hearing for review. Parole decision making processes are complex and navigating them from within custody is incredibly difficult. Often prisoners do not understand the process or what is required of them, they have little support and limited access to resources and the process is inefficient as it is conducted entirely by way of written correspondence (which so many prisoners are unable to respond to because they cannot read and write). The fact prisoners are not entitled to free legal advice in relation to matters that pertain to their liberty is unacceptable. The simple fact that these matters are heard in our state’s Supreme Court demonstrate their importance, yet they remain unfunded.

The second issue is a lack of suitable accommodation available to persons leaving prison. This is also complicated in cases where prisoners have complex needs. Prisoners are constantly being granted parole that is “subject to suitable accommodation” or constantly being told that their accommodation is unsuitable for reasons that are not in the public interest to disclose. The result being, someone who has been deemed suitable to be in the community remains in prison. I’ve seen many prisoners apply to reside at address they do not wish to live at because once they are in the community, finding accommodation is a less onerous task. We expect prisoners to re-enter the community and “do better” yet this task is made nearly impossible as so little assistance is provided to access basic social services. We cannot solve every issue that a newly released prisoner may face, but arguably a comfortable and safe place to sleep at night is a good start.

It is not a quick fix, but appropriate funding to address these two issues would see prisoners released into the community on parole faster. The need to fund legal representation for parole decisions has been raised with the state government on many occasions. In his 2016 review into the Parole System, Justice Sofronoff commented that Prisoners’ Legal Service (PLS) should be appropriately funded due to the crucial role it plays in “assisting a marginalised and disadvantaged cohort in a complex legal environment that they would not be otherwise equipped to enter”. Six years on, that call remains unanswered with no funding being provided to ensure that all prisoners receive access to legal representation for parole decisions.

The cost of managing a prisoner in the community is significantly less than keeping them incarcerated. Appropriate funding for legal and social services would start to address overcrowding as people who shouldn’t be there could be released and services within prison such as drug and violence counselling would be more accessible, it would also make prisons generally cheaper to operate. However, our state government has chosen to spend $654 million on expanding prisoner infrastructure to address overcrowding. Let’s also not forget the $15 million that was approved in the 2019–2020 financial year and further $8 million in the 2021-2022 financial year, for an additional 1000 beds (the statewide bunk bed project) to be installed in the secure cells of Queensland’s high security correctional centres.

Tax payers resources should not be spent ensuring that a prisoner has a bed to sleep in whilst they are incarcerated, those resources should be spent ensuring the bed isn’t required at all.