NCJ Number
87429
Date Published
1982
Length
101 pages
Annotation
This paper discusses Australian laws and practices as well as issues of debate related to human rights in a prison setting, including those of prisoners, prison officers, and prison administrators, and management implications are considered.
Abstract
The roots of prisoners rights, privileges, and amenities in Australian law are examined, including the need for future legislation to reflect the United Nations Minimum Standard Rules for the Treatment of Prisoners. The role of the Australian Human Rights Commission and the ombudsmen in implementing human rights in prisons is also considered, followed by a recounting of current unresolved issues, such as the control of inmate communications within the prison and with persons outside the prison, inmate property rights, and inmate legal aid. Rights in general are discussed in relation to the intention of imprisonment as a lawful sanction that involves loss of liberty, a deprivation which also requires the provision of extensive legal remedies that will prevent the unjust application of such a sanction. Australian case law related to prisoners' rights is analyzed, and it shows a willingness by the courts to take action in remedying what are perceived as violations of inmates' civil rights. The rights of prison officers are also viewed as important considerations in any action vis-a-vis inmates rights that might increase the risk to officer security. Statutes and regulations which relate to officers' rights are presented, followed by a review of the rights and obligations of prison administrators.