The fears of peak Aboriginal and Torres Strait Islander legal bodies have been realised with correctional centres seeing a growth in numbers of COVID-19.
Since the beginning of the pandemic two years ago, Aboriginal and Torres Strait Islander Legal Services across the country have warned of the impact that COVID-19 could have on prison populations.
In the Northern Territory, more than 300 people in the Alice Spring Adult correctional centre have contracted the virus. That number represents almost half of the 626 inmates at the facility.
Northern Australia Aboriginal Justice Agency (NAAJA) principal legal officer David Woodroffe said it's an extremely worrying situation.
"This raises serious human rights concerns as to the safety, the health, the treatment of people in prison," he said.
"Also around their isolation, the access to contact with families and legal representation. We are seeing the justice system in dire straits.
"Importantly, we need to see a reducing of the number of people in prison."
The National Aboriginal and Torres Strait Islander Legal Service (NATSILS) echoed these concerns, calling on release of prisoners, saying inaction risks a death in custody.
NAAJA's David Woodroffe is calling for an emergency response to the current COVID-19 outbreak in prisons. Source: NITV News
“The rapid increase of COVID-19 cases in prisons across the country is our worst fear realised, and the situation in the NT is extremely worrying," NATSILS chair Priscilla Atkins said.
"Aboriginal and Torres Strait Islander people are most at risk during an outbreak — and disproportionately likely to be in prison — and the combined impact could be catastrophic.
"They must be released to save lives.”
'Critical situation'
Mr Woodroffe called on an emergency response for Alice Springs Correctional Centre and for steps to be taken to control the spread of COVID-19 in prisons across the country.
"There are alternatives and [legal services] have been making recommendations for other justice measures to be put into place," he said.
"Not just around policing and addressing the over-representation of Aboriginal people [in prison], but also loosening tough bail laws, providing diversions and also importantly providing health treatment in prisons.
"We're reaching a critical situation where it's time for government to bring an adequate response to this emergency and this pandemic - early release or temporary release and providing safe alternative accommodation for people in prison."
Acting Northern Territory Corrections Commissioner David Thompson said the high numbers were due to a recent decision to test all prisoners through PCR swabs and laboratory analysis, rather than relying on self administered rapid antigen tests.
"Prisoners at the Alice Springs Correctional Centre are in isolation and receiving medical support and supervision," Acting Commissioner Thompson said.
"Because of ongoing high vaccination rates of all prisoners in NT custodial facilities and the implementation of comprehensive infection control measures, health support services at the Alice Springs facility are reporting either zero or mild symptoms only among those prisoners who have tested positive."
Queensland's Aboriginal and Torres Strait Islander Legal Service (ATSILS) CEO Shane Duffy said he's also brought recommendations to the attention of government, particularly around diverting people away from prison.
Shane Duffy says COVID-19 is impacting everyone who comes into contact with the justice sustem. Source: NITV News
"The challenge is a whole cultural shift within the Queensland Police Service to use those diversionary options to keep people out of the system," he told NITV News.
"... The whole aim is to make sure our mob's legal and human rights are being addressed."
'Legal and human rights'
Mr Duffy said ATSILS has been part of a public safety group, convened by the Queensland Government, since 2020 and said he feels fortunate to be able to bring First Nations perspectives to the government and other stakeholders in that space.
As at midday on Tuesday, there were 458 prisoners with COVID-19 in Queensland prisons. There were a further 562 prisoners in isolation with suspected COVID-19.
247 custodial officers had reported unfit for duty due to COVID-19.
A Queensland Correctional Services spokesperson said there had been no COVID-19 related deaths in the state's correctional centres.
"To my understanding, no prisoners have so far required hospitalisation due to COVID-19," they said.
"A small number have received treatment for COVID-19 symptoms but not admitted. Further prisoners have been found to be positive when being treated for unrelated illness or injury."
Mr Duffy said COVID-19 is not only a concern for people in prison, but has been causing challenges for anyone who comes in contact with the justice system.
"One of our biggest challenges we're having is we're not able to have our court support or our field support," he said.
"It's the reading between the lines and the non-verbal communication which is quite clear for us and making sure our clients are understanding what is being said."
"It's also that they're being understood and that we're exercising their legal and human rights in those processes."
