Women in Prison : a report by the Anti–Discrimination Commission
Queensland
8.Rehabilitation and
social reintegration — activities and programs
8.2 Other services
8.3 Work and industry opportunities
Recommendations
Endnotes
8. Rehabilitation and social reintegration
— activities and programs
Being deprived of one’s liberty is a severe form of punishment.
It has long been recognised that, aside from community safety
or punishment, one of the major roles of prisons is to provide
prisoners with opportunities for rehabilitation. [133] The concept of
rehabilitation is that the time spent in prison can be used as
an opportunity to provide prisoners with programs and activities
to develop skills and resources that will assist them to live
in society successfully when they return to life outside, without
committing further breaches of the criminal law.
Prison can also provide an opportunity for a prisoner to attain
some skills and capacity to earn a living. Work performed in prison
wherever possible should link to work possibilities outside. Prisons
need to develop partnerships with civil society and educational
organisations in the community to increase the opportunities available
to prisoners.
8.1 Access to programs and services
Advocates for women prisoners have asserted that these programs
and services are not comparable in quantity, quality, or variety
to those provided to male prisoners. They argue that the small
numbers of women prisoners have been a justification for the failure
to focus on their particular needs.
8.1.1 Core programs
During their incarceration, prisoners may be offered and encouraged
to attend a variety of core programs. As discussed in paragraph
6.2.2, women serving a sentence of longer than 12 months are assessed
via the standardised tool, the ORNI, to determine their needs
and their risk of re–offending, before being referred to programs
designed to address them. Offenders serving fewer than 12 months
and prisoners on remand do not generally have access to core programs.
The ADCQ has been informed that key programs offered in male
and female prisons are Violence Intervention, Anger Management,
Drug and Alcohol (substance abuse and relapse prevention), Cognitive
Skills, and Transitions (reintegration) programs. In male prisons,
the Sex Offender Program is also available. Ending Offending and
Ending Family Violence are programs specifically for Indigenous
prisoners. All programs are delivered by corrective services staff.
Narcotics Anonymous, Alcoholics Anonymous and Gamblers Anonymous
and the M&B Parenting programs are also delivered in prisons.
The DCS has advised the ADCQ that it develops programs specific
to women’s needs or modifies existing programs when there is a
sound basis to believe that male and female prisoners’ programming
needs differ. In particular, the DCS said it is developing modules
for the Transitions (reintegration) program specifically to meet
the needs of female prisoners; developing an anger management
program for female prisoners; and is reviewing the need for a
cognitive skills program for Indigenous women.
A recent Business Model Review into the DCS found that staff
in all custodial prisons have repeatedly reported feeling powerless
to deliver appropriate programs to offenders at the right time,
to meet the high demands of prisoners for progression through
the various security levels of custody. [134] The ADCQ found that prisoners
also felt programs were not being delivered to them at the appropriate
time while they were serving their sentence of imprisonment. Women
repeatedly told the ADCQ they believed their limited access to
programs was preventing them from being eligible for early release,
and slowing down their ability to move to the next stage of their
sentence (i.e. a lower classification and eligibility for conditional
or community release or parole)
'It’s a catch 22, you can’t do
programs, they are too full, you can’t get parole.'
Other concerns expressed to the ADCQ about programs were:
-
longer term prisoners said they were being asked to do the
programs twice, as 'it looked good for parole';
-
due to program schedules, women who worked while in prison
only had very limited time (6 hours a week) to do programs
that would benefit them. They expressed a desire to access
programs as well as continue to work;
-
a number of women were reluctant to start programs due to
limited educational opportunities; they feel embarrassed when
it becomes obvious they may have difficulty with reading or
writing;
-
further programs and constructive activities such as self–esteem
activities and self–help programs would benefit some women
in relieving boredom while they were in prison, rehabilitating
them and providing strategies for coping when released from
prison;
-
women serving fewer than 12 months would also like to access
these programs, especially in addressing substance abuse issues.
The Business Model Review identified the need to evaluate the
outcomes of the programs, to determine their impact on offender
behaviour or recidivism.
The ADCQ has not reviewed comprehensively the core programs
being delivered in prison to critique their suitability for female
prisoners. Any DCS review or evaluation needs to examine carefully
and critically the suitability and effectiveness of the existing
core programs for female prisoners.
Adapting specially developed male courses for female inmates
is unlikely to address, satisfactorily, the needs of women prisoners,
given their differing offending behaviour, their life and significant
physical, psychological, social, vocational, health and educational
needs. To be effective, programs need to be specifically developed
to address women’s needs and build their capacity to integrate
into the community when they leave prison.
The ADCQ is also concerned about the suitability of these core
programs for prisoners with intellectual, cognitive or learning
disabilities. Often these disabilities are not recognised or properly
identified by prison authorities. Even if they are recognised,
there does not appear to be a systematic approach to cope with
these prisoners’ special needs. Prisoners with such disabilities
are less likely to engage in programs because they are not tailored
for people with intellectual disabilities, and this, in turn,
affects their chance of conditional or community release (parole).
The ADCQ has not been provided with any information or indication
by the DCS on the way core programs are adapted for or delivered
to prisoners with these disabilities.
Given the relatively high incidence of intellectual disability
among women prisoners, estimated to be as high as 30% compared
to 2–3% in the general population, [135] a systemic approach to provide
for their needs must be put in place by prison authorities. Neglecting
the needs of these prisoners may be discrimination on the basis
of impairment.
In December 2005, the DCS advised the ADCQ that a component of
its Offender Programs and Services Reform Agenda commenced in
July 2005 (due for completion in June 2006), is the Program Improvement
project. As part of this project the DCS is phasing out the Cognitive
Skills and Anger Management programs and replacing them with a
general offending program called Making Choices. The DCS advises:
'recognising that women offenders differ somewhat from men in
terms of intervention needs, a version of the program, specially
adapted for women by NZ Corrections has been adopted by the Department.
and its implementation is planned for early 2006.'
The DCS also advises it has 'appointed a project officer to
revise the Transitions program to better meet the needs of women,
including Indigenous and special needs offenders.' It states that
'this program offers participants an opportunity to address needs
including accommodation issues, health issues (including mental
health and substance abuse issues), education and training and
basic money management skills.' Implementation of the program
is due in 2006 in both the BWCC and TWCC. [136]
The ADCQ welcomes the DCS’s recognition of the different intervention
needs of female and male prisoners in relation to these two important
programs, and urges the DCS to critically examine all its programs
to ensure they are meeting the particular needs of women, including
Indigenous women and those with intellectual, cognitive or learning
disabilities.
8.1.2 Vocational and education programs
Many women entering prison have had a limited education, lower
levels of literacy than the general Australian population, and
a poor employment history. Men entering prison are similarly economically
and socially disadvantaged. [137] Access to accredited education and
training is an important element of providing programs and opportunities
that address the risk of offending, maximise the chances of successful
reintegration into the community, and reduce the risks of re–offending.
Across Australia, Tasmania reported the highest proportion of
eligible prisoners undertaking accredited education or training
courses in 2003–04 (56.5%) and Queensland reported the lowest
(28.5%). However, Queensland reports the highest proportion in
higher education (3.1%). [138]
DCS data provided to the ADCQ for 2003/2004 and 2005/2006 indicated
that women had a higher proportional participation in vocational
activities than men. A total of 10.37% of all annual curriculum
hours available to Queensland prisoners in 2003/04 were allocated
to women prisoners. DCS data for 2004/05 shows 78.2% of women
were enrolled in vocational education and training (VET) compared
with 52.6% of male prisoners. [139] Of the prisoners enrolled in VET
in 2003–2004, 10% were women. (At 30 June 2004 women represented
7.4% of the total prison population in Queensland.) The data show
that women prisoners in both 2003–4 and 2004–5 also have a proportionally
a greater enrolment level for literacy and numeracy programs than
men.
The DCS in partnership with the Department of Employment and
Training provides vocational and educational training to prisoners
in Queensland prisons. A unit within the DCS consults and negotiates
with each prison to establish the training needs and requirements
for the prisoners. The resources available to the DCS for vocational
education and training are then allocated between the prisons.
Various courses are provided to prisoners including literacy
and numeracy skills, Aboriginal and Torres Strait Islander studies,
arts, automotive, business, engineering, first aid including a
course in cardiopulmonary resuscitation, forklift driving, furnishing,
horticulture, hospitality, industrial cleaning, information technology,
beauty therapy, hairdressing, visual arts and workplace health
and safety.
At the Numinbah prison farm, courses such as bobcat operation,
paving, horticulture, concreting, small engines and basic car
maintenance, and chain sawing are offered. A problem for the women
prisoners at Numinbah was the requirement for five women to be
willing to do a course before it was offered. Due to the low numbers
of female inmates at Numinbah, it was sometimes difficult to get
enough women to run a course. A woman located at Numinbah for
more than a year will have completed all the TAFE courses on offer
there within that year. Women expressed their concern, that unlike
the male prisoners, they were not given the same opportunities
to use and practise their skills.
Former prisoners were concerned that their TAFE and other certificates
showing they had completed certain courses, had the prison’s address
printed on them. The women felt this jeopardised their chances
of employment and suggested that the prison address should not
be part of the certificate.
A number of women spoke of their desire to obtain trade certificates
and undertake apprenticeships. Many women were keen to receive
training that would help them to find employment upon release.
The ADCQ notes that the Business Model Review suggests a far greater
integration of VET with industries taking place across state prisons,
and increased utilisation of the services provided by Adult Education. [140]
The ADCQ strongly agrees with these views and recommends that
a far greater focus be given to rehabilitation of women prisoners
through education and training.
Again, there does not appear to be any evidence that the needs
of prisoners with intellectual impairment are being recognised
or provided for by prison authorities in the area of VET.
8.1.3 Secondary and tertiary education opportunities
Some prisoners are given opportunities to complete their secondary
education in prison. The DCS figures for 2003/2004 show that 122
women (or 25% of all prisoners both male and female, undertaking
secondary studies) and 487 men were involved in secondary education
through schools of distance education. In 2004/2005, 27.7% of
all female prisoners (99) were undertaking secondary studies compared
to 7.9% of all male prisoners (394).
Tertiary education can be delivered in prisons, but only to prisoners
who volunteer for the programs and are eligible. Prisoners must
find the funding themselves to participate in tertiary education.
In 2003/2004, 73 women (or 22% of all prisoners both male and
female who undertook tertiary study) and 263 men were enrolled
in tertiary study. In 2004/2005 19.5% of female prisoners (70)
were enrolled in tertiary study compared with 6.1% of male prisoners
(302). [141]
It is of concern to the ADCQ that women prisoners felt that some
prisons discouraged them from studying on a full–time basis. They
told the ADCQ that some prison officers displayed resentment towards
prisoners who were studying full–time.
8.2 Other services
At various times, most prisoners are given access to a range
of recreational facilities and activities. These may include art
and craft classes (painting, leatherwork, paper making, sketching,
screen–printing, batik, murals etc) and materials, fitness instruction,
dance classes and the opportunity to exercise in a gymnasium or
other recreational areas.
BWCC has gymnasium and tennis facilities that women are permitted
to access at certain times.
At Numinbah, women have access to a tennis court and an oval
at various times, although it is clear that male prisoners have
much greater access to outdoor recreational activities. As discussed,
the restricted movement of open classification women prisoners
compared to men is inconsistent with the United Nations Standard
Minimum Rules. [142] The ADCQ has recommended that alternative
low security facilities for women need to be provided as soon
as possible. [143]
The opportunities for women prisoners to participate in physical
recreational activities at HJCCC are very limited. There is no
gymnasium or outdoor area suitable for physical recreation other
than for children. This is a serious deficiency in the facilities
at HJCCC, which needs to be addressed. If women cannot be provided
with physical recreational opportunities onsite at HJCCC, easy
access to offsite facilities must be arranged as a matter of priority.
Women need to be given opportunities to use these facilities at
the same level of frequency as male inmates at other open security
prisons who have access to onsite facilities.
At TWCC, women can play volleyball and do aerobics. Unlike the
male prisoners, they are not permitted to access the oval. Again,
this raises possible discrimination on the basis of sex. Female
inmates in Townsville should be given a similar level of opportunity
and quality of recreational facilities to those available to male
prisoners.
8.3 Work and industry opportunities
8.3.1 Human rights issues associated with work
Advocates for women prisoners have raised a number of issues
concerning labour in prison including:
-
the levels of compulsion and coercion to perform work while
in prison, and whether this is a breach of human rights;
-
the rates and levels of pay and entitlements of prisoners
who perform work in prison;
-
the differing opportunities for work and the rates of pay
for male and female prisoners in Queensland.
The issues of compulsion or coercion to perform work while in
prison, the imposition of penalties and withdrawal of privileges
for not working, and the rates of pay for prisoners who work all
raise complex issues. Under international human rights instruments,
most work in prison is not prohibited forced labour. [144]
The Basic Rules for the Treatment of Prisoners requires conditions
to be created:
enabling prisoners to undertake meaningful remunerated employment
which will facilitate their integration into the country’s labour
market and permit them to contribute to their own financial
support and to that of their families. [145]
Remunerated work performed under humane and safe conditions,
which provides vocational and training opportunities for prisoners
for the purpose of preparing them for a normal working life on
their release, is generally seen as a responsibility of prison
authorities. The issue of pay rates was raised by a number of
women prisoners during this review. Their predominant concern
was the lack of work availability in prison and limited types
of employment on offer.
The issues outlined in the first two dot points above are beyond
the scope of this review. They are issues that apply across all
prisons in Australia and to all prisoners, both male and female.
As this report has focused only on women in prisons in Queensland,
the ADCQ will confine its review of work and prison industries
in Queensland.
8.3.2 Work available in Queensland prisons
The work available to both male and female prisoners in Queensland falls into several categories. One
type of work focuses on service tasks within the prison that enable it to function. This is performed
by prisoners and includes catering, landscaping, maintenance, cleaning, laundry and other tasks.
The second type of work is in prison industries. This work is designed to give prisoners transferable
skills that will help them get a job when they are released. These are activities undertaken on a
commercial basis and range from small craft based industries such as manufacturing soft toys and cushion
covers through to production of rural produce via activities including dairying and cropping. In some
prisons, work is the result of service agreements between individual prison industries and local contractors
and businesses. Work arising from these types of agreements can range from light industry and assembly through
to ferrous metal work, spray painting and powder coating. Industries are expected to reduce the operating
costs of prisons through the sale of goods and services to external parties. [146]
A third type of work opportunity is for low or open classification prisoners to perform community
service, or take normal employment outside the prison.
The Business Model Review identified prison industries as being an area of
the DCS that requires reform. The review said it could be argued that the DCS views rehabilitation as
secondary in nature to the primary security driver, and came to the view that 'the role of industries
within corrections is being afforded secondary status despite the pivotal role it plays.' [147]
Even though industries could provide a vital form of rehabilitation and a respite from boredom
endured by prisoners, the Business Model Review found that 'such is the limited scope of prison
industries to engage on a commercial basis that industry managers might be accused of taking whatever
suitable activities they can get.' The review said the existing industries policy framework is highly
restrictive of potential activities and that Queensland has adopted the most restrictive model of
permitting commercial work within Australian prisons, with no review of the framework having been
undertaken for many years. [148]
8.3.3 Work available to women prisoners
At the BWCC, TWCC, NCC AND HJCCC facilities, a certain number of women are assigned 'service' work
such as cooking, cleaning, gardening, and laundry. Within the residential units at the Warwick Work
Camp, women perform service work on a rostered basis.
The industry work available at BWCC, at the time of the ADCQ’s visit, included sewing trampoline
and mattress covers, soft toy making (for Indigenous prisoners), woodwork and welding of trampoline frames.
The industry work performed by women at Numinbah included textiles (sewing), packaging plastic forks
into plastic bags for sale at large chain stores, and calf rearing. Community service work from Numinbah
was available to two women at a number of locations. Men were assigned 13 of the community service
work placements. No release–to–work opportunities were available to Numinbah women. Women also
performed some of the essential service roles at Numinbah such as managing the sewerage facility.
The only commercial industry operating at TWCC at the time of the ADCQ’s visit was work in the tailor
shop, sewing surgical gowns.
The HJCCC, at any given time, can have up to eight women on release–to–work who are in paid
employment for normal wages. Women in HJCCC may also perform community work for groups such as
Meals on Wheels and charity organisations. Women, who are assigned to the Warwick Work Camp from
HJCCC, perform a range of community work, which includes mowing, gardening, painting buildings,
restoration, rodeo work, cleaning and other work for local charities. [149]
At July 2004, DCS figures show that 23.3% of women in BWCC were employed in commercial
activities and 26.9% in prison services such as cooking and cleaning. At TWCC 24.5% of women
were employed in commercial activities and 33.9% in prison services. [150]
Participation in commercial activities in the male facilities ranged from 10.2% (Capricornia) to
55% (Maryborough). It is clear that the precise nature of industry opportunities varies from
centre to centre and that the women’s facilities were on par with a number of male facilities
in the rate of employment of prisoners in commercial activities. Male prisons offering many more
industry employment opportunities include Maryborough (55%), Townsville Farm (42.2%), Lotus Glen
Farm (39%), Wolston (38%), Palen Creek (37.3%) and Darling Downs (33.7%).
The ADCQ agrees with the finding of the Business Model Review that there needs to be a
much greater emphasis on prison industries. It appears that the current scope for prison
industries to provide rehabilitative services through job–skilling for women is not achieving what
it should. It may be arguable that any work is better than no work, but the ADCQ is concerned about
the quality of some of the work being offered to women as rehabilitation. For example, it
is likely that there are few rehabilitative benefits being achieved through the Numinbah women
performing the task of packing plastic forks into plastic bags.
8.3.4 Remuneration for work performed in prison
Wage levels for work performed in prison are applied in accordance with the DCS remuneration
procedure. This procedure covers the base rate remuneration that is paid to prisoners performing
work at various levels. Each area of work has an approved employment profile that sets out the
number of positions available in the area and the level of remuneration that applies.
In addition to the base rate remuneration, incentive bonuses may be paid to individuals or groups
of prisoners based on the achievement of deadlines, additional productivity targets, punctuality
requirements and conscientious attitude and behaviour. Incentive bonuses are recommended by the
program supervisor. The person in charge of the facility or their delegate has absolute discretion
whether or not to implement the recommendation of the program supervisor. Incentive bonuses are not
normally paid to service workers, except where an industry is attached to the work area or the workers
form an integral part of a team.
The ADCQ consistently heard concerns from female prisoners about differing pay rates for men and
women. The DCS asserts that both male and female prisoners are subject to the same requirements and
entitlements of remuneration for approved work activities. The DCS states that the current practice
at BWCC is that bonuses up to 60% are payable, and that this rate is consistent with the nearby Wolston
Correctional Centre and other male facilities.
The ADCQ has not found any clear instance where women have been paid a lower base rate of
remuneration for performing the same work as men. However, there does seem to be clear instances of
situations where women are systematically being paid bonuses at a lower rate than men for the same
work. In none of the situations described to the ADCQ, did performance, punctuality or lack of
conscientious behaviour appear to be an issue. Instances that were discussed with the ADCQ include:
At Numinbah, the women took over the running of the sewerage treatment facility from the
male prisoners for the entire prison. When men were running the facility, they were paid a 100% bonus.
Women reported that when they took over, they were only being paid a 50% bonus.
Also at Numinbah, the women reported that the task of running the calf shed was
reassigned from male to female prisoners. Previously one man ran the calf shed and was
paid a 100% bonus. Because of the Numinbah Correctional Centre protocol that a female
prisoner must be accompanied by a guard outside the women’s compound, and the rule that
a lone female prisoner is not allowed to be with a lone male prison officer, two women
prisoners had to be assigned to run the calf shed. These women reported receiving a 25%
bonus for this task. When the women took over the role, it was designated non–essential work,
where previously it was determined to be essential work.
Both these instances of payment of lower levels of bonuses could be discrimination on the basis of
sex. [151]
The ADCQ is concerned that the highly discretionary way bonuses are paid can inadvertently give
rise to discrimination. [152] In determining bonuses, officers need to be aware of how discrimination
can occur if rigor is not applied to the decision making process. The DCS should also carefully
examine the availability of service and industry work to women with impairments including those
with intellectual impairments. Such women should not be denied payments of bonuses through the
imposition of terms that may be in breach of the ADA. [153]
Recommendations : Rehabilitation and social
reintegration
Recommendation No. 23
That the Department of Corrective Services recognises and ensures
that its responsibility for the rehabilitation of offenders within
its care be given a similar effort in policy and resourcing as
its responsibility to ensure community safety.
Recommendation No. 24
That particular program needs of female prisoners be assessed
and analysed independently of those for men to ensure that appropriate
courses are designed and developed for them.
Recommendation No. 25
That programs be critically evaluated on a regular basis to determine
the effect they are having on offending behaviour and whether
they are assisting women to reintegrate successfully into the
community.
Recommendation No. 26
That the current proposal by the Department of Corrective Services
that resources be put into developing and delivering programs
at the optimal time to benefit prisoners in their rehabilitation,
be implemented and evaluated as a high priority.
Recommendation No. 27
That a systemic recognition and provision for the special needs
of prisoners with intellectual, cognitive or learning impairments
occur to ensure these prisoners can successfully access core programs.
Recommendation No. 28
That women in prison for fewer than 12 months and women on remand
for lengthy periods benefit from participating in core programs.
As a component of its responsibility to rehabilitate offenders,
the Department of Corrective Services must be sufficiently funded
to provide core program resources to short term offenders.
Recommendations : Vocational and educational
training
Recommendation No. 29
That any College of Technical and Further Education or other certificates
awarded to a female prisoner for the completion of a course not
have the prison’s address recorded on the certificate.
Recommendation No. 30
That prison authorities develop and provide a systemic approach
to recognising and providing for the vocational education and
training of prisoners with intellectual disabilities.
Recommendations :Work and industry opportunities
Recommendation No. 31
That the Department of Corrective Services takes steps to ensure
that the scope for prison industries to provide for rehabilitative
services through job–skilling for women is realised.
Recommendation No. 32
That the Department of Corrective Services reviews its policy
on bonus payments to ensure that, in determining who should be
paid bonuses, unlawful direct or indirect discrimination under
the Anti–Discrimination Act 1991 does not occur.
Endnotes
133.Section 3 of the CSA states that the purpose of corrective services is community safety and crime prevention through the humane containment, supervision and rehabilitation of offenders.
134. Queensland Department of Corrective Services, Business Model Review (July 2004) 53. The DCS has recently advised that a new Offender Programs and Services Reform Agenda due to be completed by June 2006 has been embarked upon 'that once completed will mean the Department will be better able to deliver programs and services offenders need, when they need them.' Submission to Women in Prison Review, 14 December 2005.
135. See n 52 above.
136.DCS, Submission to Women in Prison Review (14 December 2005).
137.DCS, Profile of female offenders above n 36, 19.
138. See SCRGSP report, above n 17, 7–21. The 'education' rate is defined as the number of prisoners participating in accredited education and training courses under the Australian Qualifications Framework as a percentage of those eligible to participate. This measure does not include programs such as drug and alcohol, psychological or personal development courses.
139. DCS Submission to Women in Prison Review 914 December 2005) 4.
140. DCS above n 134, 55.
141. DCS Submission to Women in Prison Review, (10 September 2004) Attachment 22 and (14 December 2005) 4–5.
142. See 4.2 and 6.4.4 above.
143. Recommendation No10.
144. See International Covenant on Civil and Political Rights, Article 8;
Forced Labour Convention, ILO Convention No.29 (28 June 1930) 2(2)(c); Abolition of Forced
Labour Convention, ILO Convention No.105 (25 June 1957) 1; Standard Minimum Rules for the Treatment
of Prisoners, 71–73.
145.Basic Principles for the Treatment of Prisoners, GA Res 45/111 (14 December 1990) principle 8.
146.DCS, above n 134, 82.
147. Ibid 82.
148.Ibid 82.
149. Note: the project work performed in Warwick district is determined by a committee of representatives from the local community, who, after considering applications for projects from local groups, determines which work should be performed by the work camp.
150. DCS, above n 134, Appendix 11.
151.The situation in the calf shed is a prima facie instance of indirect discrimination.
152.Under the ADA it is not necessary that the person who discriminates considers the treatment is less favourable and the person’s motive for discriminating is irrelevant. See ADA, s 10.
153. ADA s 11.
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