Page 2831 - Week 09 - Thursday, 13 August 2015
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appropriate treatment and programs are appropriate and should be available for managing detainees who test positive as a result of random drug testing.
The amendment will allow random drug testing to be used to target drug use when identified and for offender management. The amendment will enhance Corrective Services’ capacity to meet its duty of care obligations to detainees. In particular the amendment will improve Corrective Services’ ability to case manage detainees, including providing rehabilitation and referral for treatment of detainees within the Alexander Maconochie Centre and on release.
The amendment will support the integrity of rehabilitation and related programs, including transitional release through approved leave from the AMC. Currently a number of programs are run at the AMC to address substance addiction and abuse amongst detainees. The amendment will inform how these therapeutic interventions should be focused in ACT correctional centres based on the substances being used in the AMC as well as ensuring that detainees with a substance abuse problem are identified and directed to appropriate treatment.
I have directed that the relevant policy regarding drug testing be examined by the AMC Health Policies and Services Advisory Group created in response to the Knowledge Consulting and Burnet reviews of service provision, including health services, in the prison. This will ensure that the ACT government maintains its strong commitment to the national harm minimisation principles and that any new referrals to rehabilitative or therapeutic services that arise as a result of this bill will be in line with best practice approaches.
Finally, the amendment will improve Corrective Services’ ability to make evidence-based decisions in relation to prison operations and detainee management. The amendment does not require a person to be disciplined for returning a positive sample; rather, it provides another possible tool to support detainee management. If a positive result is returned from a random drug test and disciplinary proceedings follow, a detainee may request the decision of the presiding officer to be internally reviewed. Following this, an external review mechanism is available under the Corrections Management Act.
The amendment is proposed to commence six weeks after the act is notified so detainees can be informed of the change to procedure. Detainees will be made aware of changes to random drug testing provisions through appropriate mechanisms within the AMC. This typically includes written notification and discussion with the detainee delegates. The detainee handbook and induction process will also be updated, as appropriate, to reflect the policy and legislative change. Advice to detainees will be delivered in a way that ensures they understand their rights and obligations under the random drug testing regime.
This bill also clarifies that an interstate leave permit can be renewed for seven-day periods. Currently the legislation is silent on whether or not an interstate leave permit can be renewed for further seven-day periods. This amendment will ensure that appropriate mechanisms are in place to allow a detainee to stay interstate for a genuine purpose for a period longer than seven days. For example, a detainee may
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