Prisoners in Canberra's jail and the Legislative Assembly need more information about what support detainees will have to quit smoking when tobacco is banned behind bars, a parliamentary inquiry has warned.
Subscribe now for unlimited access.
or signup to continue reading
Prison authorities also need to develop guidance for guards on how to prioritise less intrusive searches and improve processes within the jail to prevent detainees from being strip searched more than once.
The Legislative Assembly's standing committee on justice and community safety has recommended the government provide more information on how it will support detainees to give up smoking once a ban comes into effect.
"While the explanatory statement acknowledges that withdrawal symptoms can be serious, there is little detail on what the therapeutic support will entail apart from the positive safeguard that the supports will be available before the smoking ban can commence," the committee said.
The Corrections and Sentencing Legislation Amendment Bill 2022, which was introduced to the Assembly in November, would allow the director-general of corrections in the ACT to ban smoking completely in the prison.
"Smoke free correctional centres allow both staff and detainees to not be impacted by second hand smoke. Every Australian jurisdiction, other than the ACT and Western Australia have prohibited smoking in correctional centres," the government's explanatory statement said.
MORE A.C.T. POLITICS NEWS:
The government intends to slowly introduce a ban on smoking in its prison, the Alexander Maconochie Centre, following staff training and detainee support.
The Canberra Times has previously reported corrections staff, speaking on condition on anonymity, have warned the transition to a no-smoking prison risked creating unrest among inmates and could potentially start another riot.
"Tobacco is used as a currency inside the jail, and smoking is seen as a way of easing the boredom," one custodial officer said.
The government's explanatory statement said safeguards would be introduced to mitigate the harms of smoking withdrawal and there would be "appropriate therapeutic supports for smoking cessation" made available before the ban was introduced.
"There are several nicotine withdrawal symptoms associated with smoking cessation including depressed mood, difficulty sleeping, anxiety, irritability, frustration, anger and restlessness. Without appropriate treatment for withdrawals, the prohibition could cause significant distress for detainees and would potentially limit the right not to be subject to inhumane treatment," the statement said.
In 2015, a decision by the Victorian government to ban smoking in its prisons sparked a 15-hour riot at Melbourne's metropolitan remand centre.
Over two-thirds of the Canberra jail population is made up of smokers, according to data gathered in the 2019 Healthy Prison Review, but one quarter of the prisoners surveyed at the time said they would give up smoking if they received proper support.
The standing committee's inquiry also noted the government's bill would extend the circumstances where strip searches are permitted, but was told the number of strip searches at the Alexander Maconochie Centre had declined in the last 18 months.
"[The committee] would like to see this trend continue, with priority placed on less intrusive searches where possible to protect the right to privacy of detainees, especially where the detainee may have already been subjected to a strip search in another part of the AMC on admission," the report said.
First Nations organisations and law groups called on the ACT government to ban routine strip searching of women in prisons, after data revealed Indigenous women were twice as likely to be strip searched.
An independent report in September 2021 found a strip search of an Indigenous woman at Canberra's prison breached the ACT's human rights legislation, and regular strip searches in the crisis support unit also breached the laws.
We've made it a whole lot easier for you to have your say. Our new comment platform requires only one log-in to access articles and to join the discussion on The Canberra Times website. Find out how to register so you can enjoy civil, friendly and engaging discussions. See our moderation policy here.
Jasper Lindell
Jasper Lindell joined The Canberra Times in 2018. He is a Legislative Assembly reporter, covering ACT politics and government. He also writes about development, transport, heritage, local history, literature and the arts, as well as contributing to the Times' Panorama magazine. He was previously a Sunday Canberra Times reporter.
Jasper Lindell joined The Canberra Times in 2018. He is a Legislative Assembly reporter, covering ACT politics and government. He also writes about development, transport, heritage, local history, literature and the arts, as well as contributing to the Times' Panorama magazine. He was previously a Sunday Canberra Times reporter.
