Amanda Rishworth (Kingston, Australian Labor Party, Minister for Social Services) Share this | Hansard source

Another implication of the amendment proposed by the member for Deakin would stop those who are currently in prison from automatically being able to make an application to the scheme. The royal commission devoted significant attention to prisons and juvenile justice facilities, and the prevalence of survivors in these settings was well explored. As it stands, the scheme's legislation includes a restriction on people applying from jail. This was included in the act on the assumption that it would be difficult to secure appropriate redress support services for this environment. Further, there could be a risk associated with the confidentiality of applicants. Currently, a person can apply while in jail where that person can demonstrate exceptional circumstances. Applications can be progressed while a person is in jail if they had submitted it prior to being incarcerated, and former prisoners may apply for redress. The scheme currently progresses a significant number of applications with people in jail and has made continual improvements to its operations, including in relation to providing support for people in jail and ensuring confidentiality.

In response to the second-year review of the scheme, and with the agreement of all states and territories, this bill seeks to remove this restriction. The measure will give survivors a choice to apply for redress while in jail or wait to apply upon release from the jail, making the scheme more trauma informed and survivor focused. The Australian government and all states and territory governments as partners in the scheme have agreed to this change. People in jail continue to indicate they are better supported to apply from jail because they're in a more stable environment and have access to supports, often comparing this favourably to their life outside of jail.

The measure also removes inequalities across those survivors who can have their applications progressed while being in jail and those that cannot apply. This change will apply equally to all survivors in jail. It is separate from the changes that will see fewer survivors go through the special assessment process for people with serious criminal convictions. I need to make that very clear: these are two separate measures. That is another reason we will not be supporting the amendments.

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