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					 DESIGNING FOR HUMAN
RIGHTS - THE ALEXANDER
MACONOCHIE CENTRE AND
 THE ACT HUMAN RIGHTS
        ACT 2004

     CJRN 19 April 2007
       WHAT IS THE ALEXANDER
        MACONOCHIE CENTRE?
• LOCATED ON THE MONARO HIGHWAY
• 3OO BED CAPACITY (REMAND & SENTENCED); 14 TRC
• MALE AND FEMALE (PROVISION FOR CHILDREN)
• ALL SECURITY CLASSIFICATIONS
• 60 HECTARE SITE; 14 HECTARE INTERNAL FOOTPRINT
• CELL AND COTTAGE ACCOMMODATION
• DISCRETE FACILITIES FOR WOMEN
• INCLUDES A COMMUNITY HEALTH CENTRE AND CRISIS
  SUPPORT UNIT
• NOT A FORENSIC MENTAL HEALTH FACILITY; NOT A
  JUVENILE FACILITY
   THE ALEXANDER MACONOCHIE
                    CENTRE
• ORIGINS – BACK TO 1955
• EXTENSIVE PUBLIC CONSULTATION ( 20 REPORTS SINCE
  1990s; 70 STAKEHOLDER GROUPS; WEBSITE)
• APPROVED IN 2003 – NOT A SIMPLY AN ECONOMIC
  DECISION
• COMPLETE JUSTICE SYSTEM
• FOCUS ON REHABILITATION; ASSIST FAMILIES
• REPATRIATE ACT CITIZENS - THE RIGHT THING TO DO
• ACT HUMAN RIGHTS ACT 2004 - AMC THE ONLY PRISON TO
  BE DESIGNED AND OPERATED UNDER A HR FRAMEWORK
• INTEGRATE THREE COMPLEMENTARY CONSIDERATIONS:
  OPERATIONAL PHILOSOPHY (“HEALTHY PRISON”); HUMAN
  RIGHTS ACT AND SUSTAINABLITY IN DESIGN
      ACT HUMAN RIGHTS ACT ISSUES
•   S.8 RECOGNITION AND EQUALITY BEFORE THE LAW (e.g.
    women, those with disabilities)

•   S.9 THE RIGHT TO LIFE (e.g. condoms, needle exchanges, RCIADIC)

•   S.10 PROTECTION FROM TORTURE,CRUEL, INHUMAN
    DEGRADING TREATMENT(e.g. overcrowding,
    management/disciplinary units, segregation, strip searching, searching,
    impact of unrestrained custodial power as seen elsewhere)

•   S.11 PROTECTION OF FAMILY & CHILDREN (e.g. visits, conjugal
    visits)
      ACT HUMAN RIGHTS ACT ISSUES

•   S.12 PRIVACY (e.g. cell design, monitoring of telephone calls,
    interception of mail, extent of cameras, sharing of personal info)

•   S.14 FREEDOM OF THOUGHT,CONSCIENCE, RELIGION AND
    BELIEF (e.g. facilities and services)

•   S.16 FREEDOM OF EXPRESSION (e.g. blanket bans on prisoners
    communicating with the media)

•   S.17 TAKING PART IN PUBLIC LIFE (e.g. civil death & voting)
      ACT HUMAN RIGHTS ACT ISSUES

•   S.18 RIGHT TO LIBERTY AND SECURITY OF PERSON (e.g. regular
    reviews of security classification, protection, disciplinary procedures,
    access to pre-release)

•   S.19 HUMANE TREATMENT WHEN DEPRIVED OF LIBERTY (e.g.
    searching of accommodation, prisoners and visitors, the use of force,
    adequacy of health services)

•   S.27 RIGHTS OF MINORITIES (e.g. to what extent?)


    FORTHCOMING ACT CORRECTIONS MANAGEMENT ACT
    2004
           PRISONERS’ RIGHTS

• THE LACK OF RIGHTS OF PRISONERS MUST REPRESENT
  ONE OF THE THE MAJOR DEPRIVATIONS OF HUMAN
  RIGHTS AND ONE OF THE MORE LONGER TERM PROBLEMS
  IN THE AUSTRALIAN CRIMINAL JUSTICE SYSTEM.
  PROF PETER BAILEY

• PRISONERS ARE “RIGHTLESS OR CLOSE TO RIGHTLESS
   PROF GORDON HAWKINS

• PRISONERS NEITHER ENJOY FULL CITIZENSHIP NOR ARE
  THEY ENTIRELY OUTSIDE IT.
  PROF DAVID BROWN
             PRISONERS’ RIGHTS

• APPARENT RIGHTS ARE REALLY CONDITIONAL
  PRIVILEGES
  PROF DAVID BILES

• PRISONERS’ RIGHTS IN VICTORIAN CORRECTIONS ACT 1986
  HAVE NEVER BEEN THE BASIS OF A SUCCESSFUL ACTION
  BY A PRISONER

• CASE LAW (Collins, Minogue)
                    WHY SO?

•   PRIMACY OF PUNISHMENT
•   PENAL POPULISM
•   MEDIA
•   COMPASSION FATIGUE
•   GLOBALISATION
•   “DUMBING DOWN” OF THE COMMUNITY
•   MANAGERIALISM
•   TERRORISM
•   HIGH COURT DECISIONS
•   CORRECTIONAL CULTURE AND LACK OF TRANSPARENCY
        ISSUES FOR THE AMC

• HOW DO WE REFLECT IN THE BUILT FORM
 HUMAN RIGHTS CONSIDERATIONS?
   POVERTY OF MATERIAL - LOOK OUTSIDE THE PRISON
    • HOSPITALS
    • AGED CARE
    • TRANSPORT TERMINALS
    • COMMUNITY FACILITIES
   DESIGN INPUT FROM PRISONERS & STAFF
   DESIGN TO THE OPERATIONAL PHILOSOPHY
   DESIGN IN SUSTAINABILITY AT THE OUTSET
   BUILD ON THE BEST; AVOID THE WORST
          ISSUES FOR THE AMC

• HOW DO WE REFLECT IN CORRECTIONAL
  LEGISLATION, REGULATIONS AND PROCEDURES
  HUMAN RIGHTS PRINCIPLES?
    HUMAN RIGHTS COMMISSIONER/OMBUDSMAN
    EUROPEAN COURT OF HUMAN RIGHTS
    UK, CANADA AND NZ EXPERIENCES
    ICPS - HUMAN RIGHTS APPROACH TO PRISON
    MANAGEMENT; HUMANITY IN PRISON-QUESTIONS OF
    DEFINITION AND AUDIT

  NOTE THE LIMITATIONS OF THESE
MASTERPLAN
               DESIGN FEATURES

•   THEME: A PLACE IN THE GRASSLANDS
•   SPACE, SCALE AND DENSITY (PERSONAL BUFFER SPACE)
•   ORIENTATION-ON EAST WEST AXIS – PERSPECTIVES/PLACE
•   GREEN STAR RATING 4 (SOCIAL AND ENVIRONMENTAL)
•   NON-INDUSTRIAL ARCHITECTURE; VARIATION IN BUILDING
    SIZE, MATERIALS, TEXTURE AND COLOURS
•   ARCHITECTURE TO ENCOURAGE HOLISTIC SERVICE
    DELIVERY
•   5 BEDROOM COTTAGES
•   IN SINGLE CELLS/ROOMS (SAFE HAVENS & PRIVACY)
•   FAMILY/CHILD FRIENDLY
•   SECURE PERIMETER TO OPEN THE INTERIOR
               DESIGN FEATURES

•   CELLS (CENTRAL TO THE PRISON EXPERIENCE)
      LOCKS
      HEIGHT 2.8m
      SINGLE 8.9m2; DOUBLE 10.7m2
      NATURAL LIGHT; PSYCHOLOGICAL ORIENTATION
      SINGLE; DOUBLE; BUDDY (PRIVACY & RCIDIC)
      PRIVACY (A NOTE ON HATCHES)
      COLOURS, MATERIALS AND FINISHES – CARPETS (NOISE)
      PORCELAIN RATHER THAN STAINLESS STEEL
•   CELL BLOCKS (REMAND AND SENTENCED)-NIL FOR WOMEN
      CELLS DO NOT OPEN INTO EACH OTHER
      ORIENTATION/ NATURAL LIGHT & OUTDOOR FACILITIES
      OPEN OFFICER STATIONS - PROGRAM STAFF OFFICES
      VIDEO CONFERENCING
              DESIGN FEATURES

•   COTTAGES
      REMAND & SENTENCED
      SELF-CATERING
      DOMESTIC APPEARANCE; ROBUST CONSTRUCTION
      DESIGN FOR THE DISABLED; AGED; WOMEN

•   TRANSITIONAL RELEASE CENTRE
       ACCESS FOR WOMEN PRISONERS

•   WOMEN (AND CHILDREN)
      COTTAGE ACCOMMODATION, INCL HIGH NEEDS UNIT
      COMMUNITY CENTRE - SERVICES TO WOMEN/MIN
      EXPOSURE
                DESIGN FEATURES

•   VISITS/VISITORS
       GOOD PHYSICAL ACCESS/6 DAYS/WEEK; NIGHT VISITS
       SEPARATE ENTRANCE
       PATHS AND ENTRANCES
       ADVOCACY/SUPPORT SERVICES OFFICES
       RECEPTION AT WHEELCHAIR/CHILD HEIGHT
       UNOBSTRUCTED VIEWS
       PERIMETER FENCES OBSCURED ON ENTRY
       DISCRETE VISITS FACILITES FOR WOMEN
       PRIVATE FAMILY VISITS
       ACCESS FOR CHILDREN IN NON-CONTACT VISITS
       PUBLIC ART
               DESIGN FEATURES

•   PROGRAMS AND EDUCATION
      PROGRAMS CO-LOCATED WITH HEALTH CENTRE/CSU
      AVOID CORRIDORS - HOLLOW SQUARE DESIGN – LEARNING
      ENVIRONMENT AND ESD

•   SECURITY SYSTEMS
      IMPACT OF THE TOTAL ENVIRONMENT (SCALE/SPACE/DENSITY)
      NO RAZOR WIRE
      SEPARATION BY WALKWAYS, TOPOGRAPHY, SPORTS FIELD,
      BUILDING FABRIC - NOT FENCES OR ENCLOSED RACES
      RFID (POSSIBLY)
      TECHNOLOGY – REDUCE STRIP SEARCHING
      AVOID ELECTRONIC PANOPTICON
                         STAFF

•   REALITIES – PRISON AS A VENUE FOR VIOLENCE
•   HIGH RISK ENVIRONMENT
•   STAFF RIGHTS
•   POLITICAL AND COMMUNITY SUPPORT
•   CULTURE & LEADERSHIP
•   OWERS RE STAFF AND HUMAN RIGHTS
                  OTHER ISSUES

•   BALANCES/LIMITATIONS ON RIGHTS – WOOLF
•   THE HR ACT AS A “PRISONERS’ CHARTER”
•   MONITORING – THE NATURE OF THE PRISON EXPERIENCE
•   MEDIA AND THE AMC
•   MANAGING ROMANTICISM AND NAÏVE OPTIMISM
        RELEVANCE OF THE AMC

• ACT - 2% OF THE NSW PRISON POPULATION – QUAINT
  ABERRATION?

• OVERSEAS MODELS - CANADA, NEW ZEALAND, UK.
  EUROPEAN COURT OF HUMAN RIGHTS, CPT

• VICTORIA

• TASMANIA?
             CONCLUSION

• ENVIRONMENT IS NOT KIND TO QUESTIONS OF
  HUMAN RIGHTS IN GENERAL AND IN
  PARTICULAR TO THEIR EXTENSION TO
  PRISONERS

• YET HUMAN RIGHTS NOW MORE IMPORTANT
  THAN AT ANY PREVIOUS TIME IN OUR HISTORY

• CAN EXPRESS HUMAN RIGHTS IN THE BUILT
  FORM AND INFLUENCE THE PRISON EXPERIENCE

				
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