2023/23091
‘B’
Via email
: xxxxxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxx.xxx.xx Dear ‘B’
DECISION ON FREEDOM OF INFORMATION ACCESS APPLICATION
I refer to your application under the
Freedom of Information Act 2016 (the Act), received by
the Justice and Community Safety (JACS) Directorate on 9 November 2023, in which you
sought access to:
1. A comprehensive breakdown of funding allocations designated for renovations within
the visiting area of the Alexander Maconochie Centre (AMC).
2. The annual budget allotment specifically dedicated to the support and services
provided to prisoners at the Alexander Maconochie Centre (AMC).
3. The yearly budget for the overall prison system at Alexander Maconochie Centre (AMC).
4. Data and official guidelines concerning the implementation of support interventions
for incarcerated individuals at Alexander Maconochie Centre (AMC).
5. Recent and current documentation, including financial disbursements and regulatory
guidelines for programs addressing offense-specific matters and prisoner well-being.
6. Pertinent details concerning correctional officers, including tier structures,
qualifications, and whether they undergo mandatory training in mental health first
aid, as well as whether psychological assessments are a prerequisite for their role.
7. The comprehensive Standard Operating Procedures (SOPs) governing the operational
protocols within the AMC.
8. Detailed insights into funding arrangements and guiding principles for prisoners
eligible for participation in the Transitional Release program.
9. Guidance documents outlining the procedures for prisoners with less than six months
remaining on their sentence but who do not meet the eligibility criteria for the
Transitional Release program.
Authority
I am an Information Officer appointed by the Director-General under section 18 of the Act to
deal with access applications made under Part 5 of the Act.
Decision
Points #1, #4, #5 and #6
I have identified six documents within the scope of points #1, #4, #5 and #6 of your request.
These are outlined in the
Schedule of documents.
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Freedom of Information Access Application - Decision Notice 2023/23091
I have decided to:
• grant partial access to one document
• grant full access to five documents
Please see the reasons outlined in the ‘reasons for decision’ at Attachment A.
Point #2 and #3 – AMC Budget information
Information regarding the ACT Corrective Services budget is available in the ACT Budget
statements: https://www.treasury.act.gov.au/__data/assets/pdf_file/0015/2244102/Budget-
Statements-D.pdf
Point #4 - Data and official guidelines concerning the implementation of support interventions
for incarcerated individuals at AMC
Information regarding the ACTCS Programs and Interventions is available at:
https://www.correctiveservices.act.gov.au/community/programs-and-services
Point #6 - Details concerning correctional officers
Further Information regarding Correctional Officers is available at:
https://www.correctiveservices.act.gov.au/careers/amc-correctional-officer
The ACT Public Sector Correctional Officers Enterprise agreement 2023-2026 is available at:
https://www.cmtedd.act.gov.au/__data/assets/pdf_file/0006/2330187/ACT-Public-Sector-
Correctional-Officers-Agreement-2023-2026-FINAL.pdf
Point #7 - The comprehensive Standard Operating Procedures (SOPs) governing the
operational protocols within the AMC
All policies and operating procedures relating to the operations of the AMC can be found
under the ‘Regulations and Instruments’ of the
Corrections Management Act 2007 at:
https://www.legislation.act.gov.au/a/2007-15/
Point #8 - Insights into funding arrangements and guiding principles for prisoners eligible for
participation in the Transitional Release program
All policies and operating procedures relating to the Transitional Release Program can be
found under the ‘Regulations and Instruments’ of the
Corrections Management Act 2007 at:
https://www.legislation.act.gov.au/a/2007-15/
Point #9 - Procedures for prisoners with less than six months remaining on their sentence
Information on case management process for offenders in reintegration can be found at:
https://www.legislation.act.gov.au/View/ni/2022-447/current/html/2022-447.html
Online publishing – disclosure log
Under section 28 of the Act, JACS maintains an online record of access applications called a
disclosure log. My response to your access application will be published on the JACS
disclosure log no later than 10 days after the decision. Your personal contact details will not
be published.
You may view the JACS’ disclosure log at
: https://www.justice.act.gov.au/disclosure-log
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Freedom of Information Access Application - Decision Notice 2023/23091
Ombudsman review
My decision on your access request is a reviewable decision as identified in Schedule 3 of the
Act. You have the right to seek Ombudsman review of this outcome under section 73 of the
Act within 20 working days from the day that my decision is published on the JACS disclosure
log, or a longer period allowed by the Ombudsman.
If you wish to request a review of my decision you may write to the Ombudsman at:
The ACT Ombudsman
GPO Box 442
CANBERRA ACT 2601
Via email
: xxxxxx@xxxxxxxxx.xxx.xx
The review of decision application form is available at:
https://www.ombudsman.act.gov.au/complaints/how-to-make-a-complaint
If you have any queries concerning the directorate’s processing of your request, or would like
further information, please contact
xxxxxxx@xxx.xxx.xx or phone (02) 6207 2167.
Yours sincerely
Bruno Aloisi
Information Officer
16 January 2024
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Freedom of Information Access Application - Decision Notice – 2023/23091
Attachment A – Reasons for decision
1. Material considered
In reaching my decision, I considered:
• your original access application
• the documents containing the information that fall within the scope of your access
application
• consultations with JACS officers
• the views of the relevant third parties
•
Freedom of Information Act 2016
•
Human Rights Act 2004
2. Reasons for my decision
As a decision maker, I am required to determine whether the information is in the public
interest to release. To make this decision, I am required to:
- assess whether the information would be contrary to public interest to disclose as per
Schedule 1 of the Act
- perform the public interest test as set out in section 17 of the Act by balancing the
factors favouring disclosure and factors favouring non-disclosure in Schedule 2
I have included below the factors relevant to my decision on access.
2.1. Information contrary to public interest to disclose
I have determined that none the documents within the scope of your request contain
information that is taken to be contrary to the public interest to disclose under Schedule 1 of
the Act.
2.2. Public interest test
I have assessed the information against the factors favouring disclosure and factors favouring
non-disclosure in Schedule 2. On balance, I have decided that the information is in the public
interest to disclose with some redactions. I have included below the relevant factors for your
information.
2.1 Factors favouring disclosure in the public interest
(a) disclosure of the information could reasonably be expected to do any of the
following:
(iii) inform the community of the government’s operations, including the policies,
guidelines and codes of conduct followed by the government in its dealings
with members of the community;
(iv) ensure effective oversight of expenditure of public funds.
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Freedom of Information Access Application - Decision Notice 2023/23091
2.2 Factors favouring nondisclosure in the public interest
(a) disclosure of the information could reasonably be expected to do any of the
following:
(ii) prejudice the protection of an individual’s right to privacy or any other right
under th
e Human Rights Act 2004.
I have decided to grant partial access to one document with minor redactions made to the
mobile number of an ACTPS staff member to protect their right to privacy under the
Human
Rights Act 2004. I note that these redactions do not significantly alter the substance of the
material to be released.
3. Summary of my decision
In conclusion, I have decided to:
• grant full access to five documents
• grant partial access to one document
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