Women in Prison : a report by the AntiDiscrimination Commission
Queensland
5.1 Profile of women in prison in Queensland:
who are they?
Women in prison are rarely considered by the greater population
or given much media coverage. They are a small group of women
whose existence and lives are largely invisible. Who they are,
where they come from, and their lives prior to incarceration have
been of little interest to others including most politicians,
policy makers and prison administrators.
Because of their relatively small numbers and their invisibility
within society, the needs and interests of women prisoners have
only very recently started to be researched and considered. While
the differing needs of male and female prisoners are receiving
some formal recognition, addressing those differences in a correctional
system primarily designed for men has been a slow process.
If the differences between female and male prisoners have been
largely ignored by prison administrators until recently, then
so have the unique needs of subgroups within both female and male
prison populations. The needs and differences of Indigenous prisoners,
prisoners with disabilities and particularly those with mental
health or intellectual disabilities, and those from culturally
and linguistically diverse backgrounds are frequently forgotten
or ignored in the design, administration and daily routines of
the prison system.
The ADA requires that state government administrators, including
the administrators of Queensland prisons, act to ensure they do
not unlawfully discriminate by treating a prisoner less favourably
than another prisoner on the basis of the prisoners sex,
relationship status, pregnancy, parental status, age, race, impairment
religious belief, lawful sexual activity, gender identity, sexuality,
or family responsibilities.[29] The ADA prohibits both direct
and indirect discrimination.[30] Inflexible systems that do not
adequately consider the differing needs of subgroups of prisoners
may amount to indirect discrimination.[31]
5.2 The number of women in Queensland prisons
Three hundred and sixtyone female prisoners were being
held in secure and open custody in Queensland on 30 June 2005. [32]
In Queensland, as in all Australian jurisdictions, the percentage
of female offenders is low compared to the number of males. During
the year 200405, women constituted just 6.7% of the
total prison population in Queensland.
Incarceration is only one of many sentencing options available
to the courts. Noncustodial sentencing, including communitybased
orders or fines, are more common penalties for both men and women.
Once sentenced to a term of imprisonment, prisoners are assigned
a security classification, which in part determines where they
may be detained. At 30 June 2005, 4235 men and 278 women were
held in high security facilities, while 761 men and 83 women were
detained in low security facilities in Queensland.[33]
Table 1: Prisoners by security classification
as at 30 June 2005
Table of complaints Qld wide
Security
classification |
 
Indig
enous
|
MALE
Non Indig
enous
|
 
Total
|
 
Indig
enous |
FEMALE
Non Indig
enous |
 
Total |
TOTAL
  |
| High security facilities |
|
|
|
|
|
|
|
| High |
459
|
1375
|
1834
|
40 |
80 |
120 |
1954 |
| Medium |
466
|
1210
|
1676
|
27 |
71 |
98 |
1774 |
| Low |
46
|
218
|
264
|
5 |
16 |
21 |
285 |
| Open |
72
|
243
|
315
|
5 |
17 |
22 |
337 |
| Unclassified |
42
|
104
|
146
|
6 |
11 |
17 |
163 |
Total
high security |
1085
|
3150
|
4325
|
83
|
195
|
278
|
4513
|
| Low security facilities |
|
|
|
|
|
|
|
| Low |
3
|
25
|
28
|
5 |
6 |
11 |
39 |
| Open |
148
|
585
|
733
|
8 |
64 |
72 |
805 |
Total
low security |
151
|
610
|
761
|
13
|
70
|
83
|
844
|
| TOTAL |
1236
|
3760
|
4996
|
96
|
265
|
361
|
5357
|
Source : Department of Corrective Services Annual
Report 200405 Table 4 page 45
Seventyeight percent of female prisoners were detained
in a secure facility, meaning a prison with a perimeter fence
designed to prevent escape.[34] The remaining women were held
in a low security facility. By way of comparison, 85% of male
prisoners were held in a secure facility.
Queensland has one of the lowest levels of open custody facilities
in Australia. The DCS has identified that in 20032004, the average
daily proportion of prisoners accommodated in open custody in
Queensland was 16.4% compared to a national average of 27.3%.[35]
Between 1998 and 2003, the female prison population in Queensland
grew by about 20%. Across Australia, the number of female prisoners
increased at a much higher rate than male prisoners.[36]
There are significant differences in offending patterns between
male and female offenders. The major offences for which women
are in prison are theft, in particular fraud and misappropriation
(35.2%), homicide (16.01%), assault (18.8%) and drug offences
(10%), with a small number of women imprisoned for sex offences.
Fewer women than men are convicted of violent offences and women
prisoners on average serve less time in custodial centres than
their male counterparts.
5.3 Characteristics of women prisoners in Queensland
Social Condition
Females entering prison commonly have combined disadvantages.
These include low levels of education, limited employment skills
and opportunities, poor housing, inadequate income and often backgrounds
of childhood trauma and abuse. Many female offenders have never
been employed, and more than half were unemployed at the time
of incarceration. Most had left school by Grade 10 and had significantly
lower literacy levels than the average Australian population.
[37]
Age
The majority of female prisoners are between the ages of 20 and
39 (74%).
Table 2 : Prisoners by Indigenous status, age
group and gender as at 30 June 2005
Table of prisoners by Indigenous status, age and gender
| Age |
 
Indig
enous
|
MALE
Non Indig
enous
|
 
Total
|
 
Indig
enous |
FEMALE
Non Indig
enous |
 
Total |
TOTAL
  |
% of
Total |
| 17 |
15
|
14
|
29
|
1 |
0 |
1 |
30 |
1% |
| 1819 |
91
|
113
|
204
|
6 |
2 |
8 |
212 |
4% |
| 2024 |
286
|
566
|
852
|
20 |
44 |
64 |
916 |
17% |
| 2529 |
282
|
687
|
969
|
17 |
45 |
62 |
1031 |
19% |
| 3034 |
209
|
679
|
888
|
19 |
43 |
62 |
950 |
18% |
| 3539 |
160
|
510
|
670
|
16 |
48 |
64 |
734 |
14% |
| 4044 |
111
|
407
|
518
|
8 |
36 |
44 |
562 |
10% |
| 4549 |
49
|
300
|
349
|
7 |
16 |
23 |
372 |
7% |
| 5054 |
20
|
169
|
189
|
2 |
16 |
18 |
8207 |
4% |
| 55+ |
13
|
315
|
328
|
0 |
15 |
15 |
343 |
6% |
| TOTAL |
1236
|
3760
|
4996
|
96
|
265
|
361
|
5357
|
100%
|
Source : Department of Corrective Services Annual
Report 200405 Table 3 page 45
The age profile of women in prison has implications for their
health and wellbeing.
Unlike other state jurisdictions, in Queensland 17 year olds
are held in adult prisons. Young women in the prison system can
be more vulnerable than older women and have special needs.
The majority of women in prison are of child bearing age. Many
are mothers and are often the primary or sole carer of children
when they are imprisoned. Women prisoners relationship with their
children is a major issue for their health and wellbeing.
Older women also have specific health, psychological and emotional
needs. Adapting to the rigorous physical environment of prison
can present difficulties, as can adjusting to and coping with
the institutional regimes of incarceration.
Prisoners as mothers
A major issue for female prisoners is their role and responsibilities
as mothers. There are very few Australian studies about the position
and experiences of children with imprisoned parents, and a dearth
of formal statistical evidence of children in custody.[38] The
precise number of women in prison who are mothers, and the number
of their dependent children, is unknown. In some situations, it
has been reported that inmate mothers are sometimes reluctant
to divulge the existence of children they may have for fear of
losing them into care.[39]
A 1995 study found that more than 85% of female prisoners were
mothers of young children and, prior to prison, were more often
than not the heads of single households.[40] The social impacts
of a young child with their primary care giving parent in prison
should be of critical concern to government policy makers working
in justice and child protection, and womens prison administrators.
Country of birth
Most women in Queensland prisons are born in Australia and the
majority are white. There is a disproportionate number of Indigenous
women in prison (see discussion below). In addition to Indigenous
women, there is a small number of women in prison who come from
a diversity of ethnic backgrounds. These women vary in their ability
to speak English, which can impact on their ability to access
and participate in prison programs, and understand and negotiate
institutional regimes and requirements. It can also result in
social isolation within prison as these women often lack family
and the support networks available to others.
Table 3: Ethnic background of female offenders
in secure and open custody as at 30 June 1999
Table of prisoners by ethnic background
Ethnic background of offender |
Female  Number |
Female  Percentage |
| Africa (inc. Libya, Egypt) |
0 |
0.00% |
| Canada |
0
|
0.00% |
| East Europe |
3
|
1.10%
|
| Greece |
1
|
0.36%
|
| Italy |
2
|
0.73%
|
| Lebanon |
0 |
0.00% |
| New Zealand |
17
|
6.23%
|
| Other Americas |
1
|
0.36%
|
| Other Asia |
6
|
2.20%
|
| Other Indo China |
0 |
0.00% |
| Other Middle East |
0 |
0.00% |
| Other Oceania |
1
|
0.36%
|
| Other West Europe |
4
|
1.47%
|
| Papua New Guinea |
2
|
.73%
|
| Torres Strait Islander |
2
|
.73%
|
| Tribal Aboriginal |
11
|
4.03%
|
| UK and Ireland |
6
|
2.20%
|
| Urban Aboriginal/Islander |
59
|
21.62%
|
| USA |
0
|
0.00%
|
| Vietnam |
4
|
1.47%
|
| White Australian |
148
|
54.21%
|
| Yugoslavia |
3
|
1.10%
|
Unknown/not stated/ not applicable |
3
|
1.10%
|
| TOTAL |
273
|
100%
|
Source : Department of Corrective Services Womens Policy Unit
2000 Profile of Female Offenders Table 1.10 page 8.
Indigenous women
Indigenous women (and Indigenous people in general) have an unacceptably
high risk of being imprisoned in Queensland. Aboriginal and Torres
Strait Islander people represent less than 3% of the general population,
yet make up 24.8% of the total prisoner population. At 30 June
2005, 26.58% of female prisoners in Queensland were Indigenous.
In 2005 the percentage of Indigenous women in prison in Queensland
was higher than the number of Indigenous men. [41]These figures
are consistent with the Indigenous imprisonment rates in 2004.
Table 4: Summary of prisoners as at 30 June 2004 by Aboriginality
Table summary of prisoners by Aboriginality
| Custody type |
Indigenous Males |
% of all males |
Indigenous Females |
% of all females |
Total Indigenous |
 
% of all prisoners |
| Secure custody |
980
|
23.7%
|
86 |
29.0% |
1066 |
24.1% |
| Open custody |
107
|
19.1%
|
13 |
31.0% |
120 |
19.9% |
| Community custody |
19
|
8.0%
|
0 |
0.0% |
19 |
7.2% |
| Total |
1106
|
22.4%
|
99 |
27.8% |
1205 |
22.7% |
Source : Department of Corrective Services Annual Report 200304 Table 2 page 39.
In the decade since the Royal Commission into Aboriginal Deaths in Custody (RCIADIC), Queensland has recorded an increase in
prison numbers of 116%.[42] During this time, incarceration rates for women have increased at a more rapid rate than men. The increase
in imprisonment of Indigenous women has been greater over the period compared with other women.[43] In Queensland, the growth of
Indigenous female offenders in secure and open custody over the five year period from 19941999 was 204% compared to 173% for
all female offenders over the same period.[44]
Indigenous women are often in prison for relatively shorter sentences than nonIndigenous women. Recidivism statistics
suggest that Indigenous women are at greater risk of returning to prison. In 1999, 53.3% of nonIndigenous women in
prison in Queensland had been in prison before compared to 62.9% of Indigenous women.[45]
Indigenous women are vulnerable to similar health and wellbeing issues as other female prisoners in addition to
having different cultural needs. As a disadvantaged minority group, Indigenous women almost universally have been
subjected to social and economic hardship. Often they are imprisoned a long way from their homes and families,
particularly women from north and central Queensland.
Physical and mental health
Many women entering prison have a history of poor physical and mental health. The DCS conducted a health survey of
female prisoners in 2002.[46] That survey found that:
the three major issues pertaining to the health of women in prisons were drug abuse, mental health and
childhood sexual abuse;
57.1% of women reported having been diagnosed with a specific mental illness, the most common being depression.
9% of female prisoners had been admitted to a psychiatric hospital and 17% had been prescribed counselling
or treatment. Women prisoners have a much higher incidence of mental health problems than male prisoners[47];
more than a third of women consumed alcohol at hazardous or harmful levels prior to incarceration, with
harmful drinking highest among Indigenous women from north Queensland;
half the women had a history of injecting drug use and 40% tested antibody positive to hepatitis C;
poor nutrition, low levels of exercise, unprotected sex, unplanned pregnancies, drug use and needle sharing
were issues impacting on the health of many of the women entering the prison system.
Intellectual disability
Little research has been done on women in prison with intellectual disability or other forms of cognitive or
learning disability. Both Australian and overseas studies report overrepresentation of offenders with
intellectual disability.[48] Australian research into the percentage of prisoners who have an intellectual
disability varies. Victorian research estimates 34% of the prison population has an IQ below 69,[49] however,
another study involving exprisoners in New South Wales indicates that nearly 30% had an intellectual
disability.[50] The prevalence of intellectual disability in the general population is estimated to be 23%.
Women prisoners with intellectual disability are more likely than nonprisoners of similar
socioeconomic backgrounds to have concurrent problems such as alcohol or illicit drug abuse,
selfharm and suicide, poor mental and physical health, and low levels of education.[51]
Some research indicates that women prisoners with intellectual disabilities are more likely than their male
counterparts to have a psychiatric diagnosis.[52]
Abuse
Many female prisoners have a history of sexual or physical abuse.
The Queensland Women Prisoners7#146; Health Survey found that:
42.5% of women reported being the victim of nonconsensual sexual activity before the age of 16;
37.7% reported having been physically or emotionally abused before the age of 16; and
36.5% experienced actual or attempted intercourse on one or more occasions before the age of 10.[53]
The likelihood of having been sexually abused is much higher for women prisoners than for other women.
In a representative population survey, 8.8% of Queensland women aged 18 years or more have reported
being the victim of rape or sexual assault.[54]
5.4 Corrective services facilities for women in Queensland
Queensland has four facilities for female prisoners. Historically female prisoners constitute a very small
percentage of the total Queensland prison population (about 7%). Three of these facilities for women are located
in South East Queensland with the fourth in Townsville. In contrast, there are 17 facilities for men located
throughout the state. The following maps show the location of facilities for men and women in Queensland.
Male Correctional Facilities
Custodial Correctional Centres for men are located at:
Numinbah in SouthEast Queensland
Palen Creek in SouthEast Queensland
Brisbane in SouthEast Queensland
Darling Downs in SouthEast Queensland
Woodford in SouthEast Queensland
Maryborough in Central Queensland
Capricornia in Central Queensland
Townsville in North Queensland
Lotus Glen Mareeba in Far North Queensland
Community Custody Programs for men are located at:
Work camps for men are located at 11 regional locations. [55]
Female Correctional Facilities
Custodial Correctional Centres for women are located at:
Numinbah in SouthEast Queensland
Brisbane in SouthEast Queensland
Townsville in North Queensland
Community Corrections Centres Programs for women are located at:
Community Custody Programs for women are located at:
One work camps for women prisoners is located at are located at Warwick Showgrounds.
Of the facilities available to women in August 2004, 14% are exclusively low or open custody[56] compared to
10.2% for male prisoners.[57]
Brisbane Womens Correctional Centre
The largest of the facilities for women is Brisbane Womens Correctional Centre (BWCC). This is a secure prison
facility with a capacity to accommodate 270 women. Located on the outer western fringe of Brisbane, it is
approximately 2.5 kilometres from the suburban train station of Wacol. [58]
BWCC was opened in 1999 replacing the old overcrowded womens prison at Boggo Road, Dutton Park in
central Brisbane. The physical structures of BWCC are modern and contemporary, and have been purpose
built as a womens prison. It contains a medical unit, an educational unit and library, a gymnasium,
administration buildings, a visitors area, and a number of large workshops that house prison industries.
The BWCC perimeter is secured with high level security fences and razor wire.
BWCC is a prison for women who have been sentenced to a period of imprisonment after a full criminal
hearing before a judge or magistrate. BWCC also accommodates women on remand, who are being held in custody
until their trial, but are yet to be found guilty of a crime. Aside from the Townsville Correctional Centre,
the BWCC is where all female prisoners are first sent when convicted.
Under federal legislation, BWCC at the time of commencement of the ADCQs review into women in prison
accommodated a number of women on behalf of the Commonwealth who were being detained or due to be deported
as illegal immigrants.[59]
BWCC houses both mainstream and protected prisoners. About 10% of the total prison population are
protected prisoners who are separated from other prisoners for a variety of reasons. These women are housed
in another secure facility that is effectively a prison within a prison.
Like all other facilities for women, the BWCC houses female prisoners as young as 17 years. Children
under the age of five often reside with their mothers who are serving time.
BWCC provides several types of accommodation for women prisoners:
Secure 6 (or S6) accommodation consists of four dormitory style units. Sixteen prisoners are
housed in two of the units with 24 prisoners in each of the other two. The block has a protection unit
containing 24 beds for inmates who need protection because of the nature of their crime, difficulties with
other prisoners or their status as protected witnesses.
Secure 1 (or S1) is a block of four units. Three of these contain six smaller units each
housing six prisoners. All newlyarrived prisoners and immigration detainees are initially placed
in Secure 1 unless they are assessed as requiring additional protection for their own safety. Women
inmates, who are housed in S1 or S6, are allowed limited private property, wear prison issued clothing,
and are provided with plated meals that are prepared in the main kitchen of the facility.
A crisis support unit (known as CSU or S4) is a secure facility within S1. It provides low hazard
containment for the protection and promotion of the health of prisoners identified as having intent to suicide
or selfharm, or to harm others.[60] The CSU consists of a number of segregated cells surrounding a modest
central common area, with a small caged exercise yard adjacent to the unit. The unit features a padded
cell with restraining devices. The CSU is discussed in detail later in this report.
The other main accommodation in BWCC is residential housing units for 118 inmates. The units
are clustered four to a block and house six prisoners per unit. Campus style, they consist of a communal
living area, a separate cell for each inmate and access to a shared bathroom, kitchen and laundry. The
individual cells in residential are larger than those in secure and inmates are permitted to have more
private property than those in secure accommodation. Residents do their own cooking and share cleaning
responsibilities.
-
A number of the residential units also accommodate a total
of eight inmates who have their baby or young child residing
with them in prison. Whether or not a young child resides
with their mother, is determined by the person in charge of
the prison facility, based on what is in the best interests
of the child.[61] If the decision maker believes it is warranted,
the decision as to where the child resides can be varied during
the time the mother is in prison. Children who are five years
or more are not permitted to reside in prison, as the facilities
are deemed to be unsuitable for their needs. The children
sleep in their mothers cell, which is large enough to accommodate
a childs cot or bed. There is a small fenced playground
with some climbing equipment adjoining the units, which is
accessible during the day. Mothers and children also have
access to a formal playgroup with skilled external facilitators
attending once a week.
-
The prison has a detention unit (DU) that is separate from
other accommodation in the prison. The DU is used for segregating
prisoners for breaches of BWCC discipline [62] or where a
special treatment order has been made for the 'safety of a
prisoner or for the security or good order of the facility.'
[63] The DU consists of four separate confinement cells and
two special treatment cells, all of which are minimally furnished
with adjacent toilet and showering facilities. The unit does
not have a corrective services officer present at all times
unless a prisoner is on observation.
Depending on their behaviour, prisoners usually progress from S1 to S6 and then to residential. However,
again depending on behaviour, a prisoner may go directly to residential from S1 or spend the entire
time in prison in one or other of the secure units.
The BWCC has a range of work options and programs for inmates. These are discussed in greater detail
elsewhere in this report.
Helana Jones Community Correctional Centre/Warwick Womens Work Camp
The HJCCC, an open classification facility for women only, is located at Albion, in inner city Brisbane. The
HJCCC opened in 1989, and has a capacity for 38 women, as well as children. The facility consists of a hostel
and a house.
The HJCCC hostel accommodates 30 women and regularly has up to six children, sometimes ten, placed
with their mothers. The house accommodates eight women. HJCCC accommodates women serving both short
and longer term sentences. Women are usually placed at HJCCC after serving time in BWCC or the
Numinbah Correctional Centre. HJCCC has a range of work and programs for women, which are discussed
in more detail elsewhere in this report.
Women residing in the HJCCC hostel may work outside the facility or may have work responsibilities
within it. Women living at the hostel with children aged less than five years are eligible to receive
childcare and family welfare benefits. A portion of this money is paid to the hostel to cover living
expenses and the remainder is held in trust for the benefit of the child. Children residing at the
centre sleep in the same room as their mother. The centre has a fenced play area with several pieces
of playground equipment.
The HJCCC house is solely used for up to eight women who are on releasetowork. These women
are in paid employment, working for normal wages, a portion of which is paid in rent to the centre.
These women are issued with a pass to leave HJCCC and travel to work. Women residing in the house
have fewer restrictions than those in the hostel and are able to access weekend leave. They do their
own cooking and their daily routines are similar to life outside a correctional institution.
Up to 13 women (without children) residing in the hostel may also live and work at the Warwick
Womens Work Camp. This facility, which opened in 1995 within the Warwick Showground, has two
residential buildings, one with dormitory sleeping accommodation, kitchen, dining and living areas,
and the other consisting of single room donga with an adjoining open air covered living space. Women
usually travel to and stay at Warwick for nine days, then return to the HJCCC facility in Albion
for five days. At Warwick, women are engaged in a range of communitybased activities including
building restoration and painting, landscape maintenance and mowing, rodeo and other work.
Numinbah Correctional Centre
Numinbah Correctional Centre (NCC) is located in the Numinbah Valley in the Gold Coast hinterland,
100 kilometres south of Brisbane. NCC is an open custody prison for both men and women, situated
on an 1800 acre reserve, much of which is a working dairy farm. NCC was built as a correctional
centre for male prisoners in 1939 with the addition of a women7#146;s annex in 1998 adjacent to the
mens accommodation. Male and female inmates share a number of facilities including the
reception and visitors area, and medical room.
The facility accommodates as many as 104 men in huts, demountables
and two houses. Up to 25 female offenders can stay in the womens
annex, which has 24 individual rooms each containing two beds
and a separate kitchen facility. Unlike the mens areas of the
facility, which are totally unfenced, the womens annex is surrounded
by a high electric fence erected for the 'safety and wellbeing
of the women inside.'[64]The gates to the womens area remain
open during daylight hours, but are shut when the electric fence
is activated from 8pm to 6am. Men and women at NCC are confined
to designated areas and do not mix.
Women can be transferred to NCC from BWCC and Townsville Correctional Centre, to serve both
short and long term sentences. At NCC, they have access to a number of programs, training and work
opportunities that are discussed in more detail elsewhere in this report.
Townsville Womens Unit
Townsville Correctional Centre (TCC) is a secure facility for men and women, who are held in separate
quarters. The Townsville womens unit, which started receiving prisoners in 1988, can house 40 women
in secure custody, and 35 women in the residential unit. Initially it had a low/open classification
although it now houses medium classification prisoners as well. Children under the age of five can be
accommodated with their mothers in all units. At the time of the ADCQs visit to the facility, there
were 49 women in the secure unit (including 24 Indigenous women), and 29 women (including 13
Indigenous women) and three babies in the residential unit.
The TCC womens unit is separated from the mens by an 810 metre wide road between two chain
wire fences. Hessian material has been attached to large areas of one fence in an attempt to create a
visual barrier between the mens and womens units. In spite of this, both visual and aural contact
still occurs between the mens side of the prison and the tailor shop in the womens section of the facility.
The womens unit at TCC comprises three residential areas.
The secure womens unit accommodates up to 32 female prisoners with another 24 at the adjacent
Julbu unit. Each unit can hold a maximum of 56 women with high, medium, low and open classifications.
All women prisoners coming into TCC are at first held in the secure unit, so they can be observed for
behavioural and possible addiction assessment. Women progress from the secure unit to the Julbu unit as
a reward for appropriate behaviour.
Cells in the secure unit are small and cramped with a shower and basin and bunk beds for two
women. There is an open plan living/dining area adjoining the cells. Prisoners have access to an
outdoor area, which they share with women who are housed in the Julbu huts. None of the living areas
or bedrooms used by prisoners is airconditioned. During the ADCQ visit, this part of the facility
was very hot and cramped, and apart from the Julbu huts, appeared to be run down and worn out.
There are four Julbu huts built in a square, each housing six women, 24 women in total. Inmates
have their own reasonably sized bedrooms. Each hut contains two showers and toilets as well as a
kitchen so the women can cook their own meals.
While children are allowed to reside with their mother in both the secure and Julbu areas, there
are no other facilities for them, such as play equipment, in this part of the womens unit.
The residential womens unit consists of six original old Queensland
style houses that have been renovated and extended to accommodate
35 prisoners and their young children. The women do their own
cooking in the kitchens within each house. Although built as an
open classification facility, due to overcrowding, women who are
classified as open/low and medium/secure can now be accommodated
in this area of the prison. This has resulted in the construction
of a high chain wire electric fence around the perimeter. Open
classification women residing in this unit are not stripsearched
after returning from a shopping trip or other external visit.[65]
However, all female prisoners are stripsearched when entering
the secure unit.
Children may reside here during weekend visits with their mothers. A commercial outdoor play
gym and slide for children is adjacent to the gazebo and BBQ area in a large garden with shady trees.
Programs and work opportunities available to women in the TCC are discussed elsewhere in this report.
Since the ADCQ visited TCC in December 2004, a new General Manager has made a number of changes
to improve conditions for female prisoners. These changes are aimed at eliminating a number of sources
of obvious direct discrimination on the basis of sex between female and male prisoners, although the
womens access to recreational facilities such as open space on the oval is still inferior to their
In December 2005 the DCS advised the ADCQ that it will be constructing
a new womens prison in Townsville. The project has a planned
completion date of December 2007. One hundred and fifty beds will
be constructed as stage one with a capacity to expand to 200 beds
over time. Accommodation will be in both cell and residential
style accommodation. The new prison will replace the current infrastructure
for women in Townsville.[66] The DCS also advises that the new
centre will allow for prisoners children up to preschool age
to be accommodated onsite in two special mothers units. The visiting
area contains a special kindergarten/crèche room. The facility
will provide new resources such as program areas, meeting places
and court video conferencing capabilities.
Endnotes
29. See ADA s 67.
30. See ADA s 1011.
31. Individuals who have been subjected to unlawful discrimination
may seek redress and be compensated by utilising the complaint
processes contained within the ADA.
32. DCS above n 4, 45, table 3.
33. Ibid, table 4.
34. Maximum security classification only applies to male prisoners,
and maximum security facilities are contained only within high
security facilities for men. The number of maximum security male
prisoners is not identified in this table.
35. Queensland Department of Corrective Services, 'Prisoner classification
consultation paper' Legislation Review: Corrective Services Act
2000, October 2004.
36. See Commonwealth Office of the Status of Women, 'The health
and wellbeing of women in prison: the profile of female prisoners')
(2003) 7 Focus on Women; Queensland Department of Corrective Services.
Womens Policy Unit, Profile of Female Offenders(2000).
37. Queensland Department of Corrective Services Womens Policy Unit,
above n 36, 2224.
38. Ibid 25.
39. J Woodrow, 'Mothers Inside, Children Outside', in Roger
Shaw(ed) Prisoners Children (1992).
40. M A Farrell, A comparative policy study of incarcerated mothers and their young children
in Queensland, NSW, Victoria and England (PhD, 1995) above n 36, 25.
41. DCS above n 4, 45.
42. Australian Bureau of Statistics, Prisoners
in Australia: Summary of Findings (2002).
43. Margaret Cameron, 'Women
prisoners and correctional programs' (2001) 194 Australian Institute
of Criminology: trends and issues, 1.
44. Queensland Department of Corrective Services, Aboriginal and Torres Strait Islander Womens
Policy Unit, Options for Diversion from secure custody for Indigenous
Female Offenders (2002) 8.
45. National Prison Census 1999 (ABS) unit record file quoted in Aboriginal
and Torres Strait Islander Social Justice Commissioner, Report
2002 (2003).
46. B A Hockings et al, Queensland Women Prisoners Health
Survey (2002).
47. DCS Profile of female offenders, above n 36, 17
18.
48. New South Wales Law Reform Commission, People with an Intellectual
Disability and the Criminal Justice System (1996).
49. Commonwealth Office of the Status of Women 'The health and wellbeing
of women in prison: issues impacting on health and wellbeing'
(2003) 8 Focus on Women, 4.
50. K Lewis and Susan C Hayes 'Intellectual
functioning of women ex prisoners' (1998) 30(1) Australian Journal
of Forensic Sciences.
51. Susan C Hayes Hayes Ability Screening Index
(HASI) manual (2000).
52. Susan C Hayes and D McIlwain The Prevalence
of Intellectual Disability in the NSW Prison Population: an empirical
study (1988).
53. B A Hockings et al, above n 46, 5253.
54. Ibid, 54.
55. DCS above n 4, 40.
56. DCS Submission to Women in Prison Review (10 September 2004), table 2.
57. Ibid.
58. A free shuttle bus service which is available to visitors to the
facility runs 4 days a week.
59. For example Cornelia Rau was held
in BWCC as an immigration detainee for 6 months in 2004. Since
the handing down of the Palmer Report in July 2005 the Minister
for Corrective Services has stated that immigration detainees
would no longer be held in Queensland prisons. (see Section 9.3.2
for details of Cornelia Rau and the Palmer Inquiry.)
60. DCS Submission to Women in Prison Review (10 September 2004),19.
61.Queensland Department of Corrective Services, 'Accommodation
of Children' Department of Corrective Services Procedure prisoner
services (Version 02, 5 September 2002).
62. CSA s 91.
63. CSA s 38.
64. Quoting from notes provided by Manager of Centre to ADCQ at
time of our visit.
65. Since the ADCQ representatives visited the facility in December
2004, the new General Manager allows open classification women
prisoners to go shopping with their children for food accompanied
by a prison officer.
66. DCS Submission to Women in Prison Review (14 December 2005) 9.
Table
of Contents for Women in Prison report