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Investigation into the rehabilitation and reintegration of prisoners in Victoria
Get PDFA whole-of-government approach focused on reducing offending is a key recommendation of this report tabled today by the Victorian Ombudsman.
From the media release
Between 2009 and 2012, the Victorian prison population rose by just under 11%. In the subsequent three years, this growth has more than doubled to 25%. Over the past five years the recidivism rate has increased by 10.8% and the Corrections budget has increased by 31%. ‘Prison is a temporary solution – over 99% of prisoners will be released. Victoria needs to ensure their rehabilitation and reintegration to improve public safety and get better value for the $1 billion annual spend, ’ says Ombudsman Deborah Glass. ‘ As prisons have become more crowded, the response has been to build more of them. While conditions inside prisons deteriorate under pressure, the rate of return is increasing. Building more prisons is demonstrably not making us safer as a community.
For such enormous public investment we should be seein g much better returns,’ said Ms Glass. ‘Long term solutions do not lie within the walls of our prisons or with a single government department. Victoria needs a whole - of - government approach to focus on the causes of crime rather than its consequences, ’ Ms Glass said. ‘If we continue in this way, current trends in both prisoner numb ers and cost mean it will not be long before we have to make hard decisions between prison beds or hospital beds, better schools or more security,’ Ms Glass said. Key among the report’s findings are that an increase in prisoner numbers sparked by reforms to sentencing, bail and parole arrangements is reducing access to programs aimed at reducing recidivism.
‘ The public expects violent offenders to serve time, but offenders must also be better coming out than when they went in if we’re going to reduce crim e. We also know that prison is the most expensive option and that there are alternative 1 approaches which work well in appropriate cases to change offender behaviour and reduce reoffending,’ Ms Glass said. Women and Aboriginal and Torres Strait Islander pr isoners were a particular focus in the report .
While these two groups represent a comparatively small percentage of the prison population, their numbers are growing at a greater rate than the overall average. ‘For women, s pecific services within prisons a re limited, so the solutions must lie in alternatives to incarceration and greater support , including in tr ansition and housing,’ Ms Glass said. Given the level of disadvantage experienced by Aboriginal and Torres Strait Islander people and their over - rep resentation in custody, the report finds there is a compelling case for more action to reduce both the number of prisoners in the first instance and the re - offending rate.
‘ As Aboriginal and Torres Strait Islander Social Justice Commissioner Mick Gooda has pointed out, it is shameful that we do better at keeping Aboriginal people in prison s than we do schools,’ noted Ms Glass. Re - offending rates are unlikely to improve without urgent action, with the investigation finding that recidivism rates are hi ghe st among people aged 18 to 25 . Over half of young prisoners ret urn to prison within two years, setting up a cycle of offending that can last a lifetime. ‘ Despite a demonstrable effect on recidivism rates, Victoria has only one dedicated youth unit, housin g 35 of the 751 young offenders in adult prisons. Interventions targeted towards young offenders – through diversion or within the prison system – provide a significant opportunity to break the cycle befor e it becomes entrenched,’ Ms Glass sai
Victorian Ombudsman 2015 annual report
No full textThe Victorian Ombudsman exists to ensure fairness for all Victorians in their dealings with the public sector and to improve public administration.
Ombudsman\u27s foreword
The work of the Ombudsman can and does make a difference, and this report sets out some of the many ways we did so in the past year. Our workload continues to increase – 38,980 approaches, six percent more jurisdictional approaches than last year – not, I would suggest, because the public sector has deteriorated, but as awareness of this office grows.
Growth inevitably produces challenges and we are working to ensure we are as efficient as possible in our daily work, while remaining professional and responsive. Last year my staff carried out 3,256 formal enquiries and investigations, covering many of the thousand or so entities over which the Ombudsman has jurisdiction
Victorian Ombudsman Annual Report 2012
No full textVictorian Ombudsman, George Brouwer\u27s latest report provides detailed recommendations and suggested provisions to further improve the administration of the State of Victoria.
In the almost four decades since the office of the Victorian Ombudsman was established, its work has led to many improvements in public administration in this State. My investigations assist in guarding against the loss of public revenue to fraud, corruption or maladministration.
 
A report on misuse of council resources
Get PDFThe purpose of this report is to draw attention to the types of low-level abuses of power that occur from time to time in local government, and are the subject of numerous complaints and protected disclosures investigated by the Victorian Ombudsman\u27s office. The case studies presented here cover outer metropolitan, metropolitan and regional councils, and are intended to illustrate the issues with governance, monitoring and culture that they can face
Investigation of a protected disclosure complaint regarding allegations of improper conduct by councillors associated with political donations
No full textForeword
It is remarkable that, as the Victorian Parliament Electoral Matters Committee said in April 2009, ‘Victoria, along with the Commonwealth, is amongst the least regulated jurisdictions in the western world in terms of political finance law.’ One of the consequences of this is not only the potential for undue influence to compromise the integrity of government decisions, but for allegations to be made, often publicly, that cannot easily be either proven or disproven.
The Victorian Ombudsman does not normally deal with election matters. They are usually outside my jurisdiction, which is about the administration of government, not the actions of elected officials. I do, however, investigate complaints about elected officials in two circumstances: a ‘protected disclosure complaint’ referred by the Independent Broad-based Anti-corruption Commission (IBAC), or a referral from Parliament itself
Investigation into the transparency of local government decision making
No full textAlmost 25% of all jurisdictional approaches to the Victorian Ombudsman are about local government. Members of the public who complain to the office sometimes express concern that decisions are being made ‘behind closed doors’ or ‘in secret’, presenting this as evidence to support their concerns.
The level of concern shown in these complaints is readily understood by taking into account the role of the 79 councils under the Local Government Act. They provide essential services to their communities across areas such as health, planning and building control, economic development, waste management, parks and libraries. They are also businesses employing over 50,000 people which are collectively responsible for billions of dollars of public spending, infrastructure and assets each year.
More so than at the state and federal level of government, local councils provide the opportunity for citizens to influence the decisions that affect their lives and communities. Transparent decision making therefore supports accountability, encourages high performance and builds public confidence in councils and their processes. Individuals will not always agree with their council’s decisions, but transparent decision making allows them to understand their council’s reasoning and it can address any suspicions of impropriety.
In September 2015 the government announced its intention to review the Local Government Act; this investigation is intended to inform the aspects of that review which relate to transparency.
The investigation considered councils’ decision making in the context of their obligations under the Local Government Act, as well as their local laws and policies. We surveyed each of the 79 councils about the transparency of their decision making, then selected 12 councils across metropolitan, regional and rural Victoria for closer examination
Investigation into the management of complex workers compensation claims and WorkSafe oversight
Get PDFWorkers compensation has a fraught history in most jurisdictions and Victoria is no exception. It is socially responsible to provide for a universal system of insurance covering work related injury to recognise the value of workers and the risks of work, and economically responsible both to support a return to work and to ensure that premiums neither stifle business nor bankrupt the state. 
Victorian Ombudsmen: annual report 2016
No full textThis report sets out some of the many enquiries, investigations and events that made up another busy year in the Ombudsman’s office. There is never a dull moment: for example, we were not expecting to receive, in November 2015, only the third referral from Parliament in the 43 year history of the office.
The referral underlined a concern I set out in my last annual report – that my budget should not be reliant on the executive, over whom I have jurisdiction. While the financial support I have received from the Department of Premier and Cabinet has been invaluable, when I am asked by Parliament to investigate members of the government it is awkward for both parties when I am obliged to negotiate my funding from the Premier’s own department.
The three ‘pillars’ of the integrity landscape – the Ombudsman, Auditor-General and IBAC – have now put the argument that independent officers of Parliament charged with the scrutiny of the executive arm of the government should receive an appropriation direct from Parliament. We did so as part of a joint submission to the government on proposed reforms to the integrity system – the first time all three bodies have acted jointly.
That submission also highlighted inconsistencies in our mandate and jurisdictional reach. We pointed out that Victorians deserve the same level of accountability over services funded by public money regardless of whether those services are delivered by the public sector or by contract. It follows that the Ombudsman, and IBAC, should also have the capacity to ‘follow the dollar’ that the Auditor-General has finally achieved.
This principle should also apply to whistleblowers – as I noted in the report I tabled in December 2015 on abuse in the disability sector, the current regime gives protection to whistleblowers in facilities provided directly by government, but not in all facilities run by providers funded by government.
A public dollar is no less of a dollar if spent in a private organisation. A modern Ombudsman should be able to apply a consistent approach to oversight regardless of the structure of the agency ultimately delivering the service; gaps and inconsistencies cannot be in the public interest.
My submission to the government highlighted further areas for reform, including powers and privileges when carrying out investigations, a mandated education function and the ability of the Ombudsman to release information in the public interest. 
Victorian Ombudsmen: annual report 2016
No full textThis report sets out some of the many enquiries, investigations and events that made up another busy year in the Ombudsman’s office. There is never a dull moment: for example, we were not expecting to receive, in November 2015, only the third referral from Parliament in the 43 year history of the office.
The referral underlined a concern I set out in my last annual report – that my budget should not be reliant on the executive, over whom I have jurisdiction. While the financial support I have received from the Department of Premier and Cabinet has been invaluable, when I am asked by Parliament to investigate members of the government it is awkward for both parties when I am obliged to negotiate my funding from the Premier’s own department.
The three ‘pillars’ of the integrity landscape – the Ombudsman, Auditor-General and IBAC – have now put the argument that independent officers of Parliament charged with the scrutiny of the executive arm of the government should receive an appropriation direct from Parliament. We did so as part of a joint submission to the government on proposed reforms to the integrity system – the first time all three bodies have acted jointly.
That submission also highlighted inconsistencies in our mandate and jurisdictional reach. We pointed out that Victorians deserve the same level of accountability over services funded by public money regardless of whether those services are delivered by the public sector or by contract. It follows that the Ombudsman, and IBAC, should also have the capacity to ‘follow the dollar’ that the Auditor-General has finally achieved.
This principle should also apply to whistleblowers – as I noted in the report I tabled in December 2015 on abuse in the disability sector, the current regime gives protection to whistleblowers in facilities provided directly by government, but not in all facilities run by providers funded by government.
A public dollar is no less of a dollar if spent in a private organisation. A modern Ombudsman should be able to apply a consistent approach to oversight regardless of the structure of the agency ultimately delivering the service; gaps and inconsistencies cannot be in the public interest.
My submission to the government highlighted further areas for reform, including powers and privileges when carrying out investigations, a mandated education function and the ability of the Ombudsman to release information in the public interest. 
Report on youth justice facilities at the Grevillea unit of Barwon Prison, Malmsbury and Parkville
No full textForeword
The riots at the Parkville Youth Justice Centre in November 2016 and the Government’s subsequent establishment of a youth justice centre within Barwon Prison have prompted reviews, inquiries, and legal proceedings, by numerous agencies. These include the responsible department, the Commission for Children and Young People, the Victorian Equal Opportunity and Human Rights Commission and Parliament. It is not the purpose of this report to add to those inquiries; rather, it is intended to inform Parliament – and through them the public – of the response to recent events by oversight agencies, and to put facts into the public domain to help inform the debate.
The public debate that has accompanied these events is predictably polarised, from one perspective that youth crime is out of control and a strong response is needed, to the claim that the Government’s response is an overreaction that arbitrarily infringed the human rights of the young people concerned.
The facts that emerge from independent sources provide succour to both sides of the debate: while youth crime is decreasing overall, more is being committed, more violently, by a small cohort of repeat offenders, who the system is plainly failing to deal with. This was presciently noted by the previous Ombudsman, George Brouwer, in 2013, when he said:
It is evident that the youth justice system is limited in its capacity to deal with a small, but increasing, cohort of young people exhibiting violent behaviours. It is important that the youth justice system respond appropriately to these children rather than abrogate its responsibility by transferring them to the adult system.
This is illustrated by the startling statistic that some 25 per cent of offences are committed by less than two per cent of offenders – 182 young people – so we should not tar all young offenders with the same brush.
It is not the purpose of this report to examine the causes of the recent Parkville riots, but the Ombudsman’s concerns about the suitability of Parkville are a matter of public record, including the view expressed by my predecessor in 2010 that:
the design and location of the Precinct is inappropriate for a custodial facility which houses vulnerable children.
... the only practical way to address the conditions at the Precinct in the long term is to develop a new facility at another site.
Among other things, the report noted design features such as a low roof-line allowing detainees to climb onto the roof and ill-placed staircases creating blind spots and posing a safety risk to detainees and staff. It is a matter of record that while the government’s response to that report was in many respects substantial – for example, the establishment of Parkville College that transformed the educational services available to young people – the precinct itself still exists and young people are still able to climb onto the roof.
The record so far is patchy – while improvements have undoubtedly been made, successive governments have failed to make the significant investment needed to address the long-term issues that are increasingly apparent. There is no short-term quick fix to the serious problems affecting youth justice, which have their origins not only in ageing infrastructure but in the complex interplay of health and human services, education and the justice system. Increasing numbers of detainees are also on remand – making for an increasingly volatile and unsettled cohort.
I welcome the government’s review of youth justice – commissioned last year before the recent troubles and led by an eminent behavioural scientist – with its focus on long- term and joined-up solutions. The chorus of blame will not make us safer as we worry about youth crime. Nor will it make either the staff or the young people safer – an essential prerequisite if youth justice facilities are to provide an environment that promotes rehabilitation. Safety will lie in a system that makes it less likely these young people will be repeat offenders. It is neither in the interests of public safety nor the public purse for young people to become entrenched in a life of crime, cycling through youth justice centres into adult prisons to which all too often they return.
Reform must also recognise not only the alarming trend to more ‘calculated and callous offending’ by young offenders, but also the systemic changes needed to address this deeply disturbing behaviour. My 2015 report into rehabilitation in prisons illustrated how ill-equipped the correctional system is to deal with young adult prisoners; Victoria’s dual track system must go on recognising that children – even dangerous children – are different from adults.
This report is of a different nature to most reports I present to Parliament. It is the product of enquiries and information shared by other oversight bodies rather than a formal investigation. I hope it will also assist the Parliamentary Inquiry in their work.
It is also intended to give Parliament and the public a window into the actual state of affairs within Victoria’s youth justice facilities and how oversight agencies hold government to account. The report evidences the close scrutiny of the Grevillea unit in Barwon Prison by the Commission for Children and Young People since the unit was hastily set up last November.
It also evidences the pressures on the Parkville and Malmsbury facilities: while staff shortages have long been a problem there, this has plainly been exacerbated by the creation of Grevillea, with the predictable effect that young people are kept in lockdown for longer periods, creating further unrest.
This report covers the period to 20 January 2017, and was being finalised when the serious disturbances at Malmsbury occurred on 25 January. While it is sadly inevitable that short- term solutions will continue to be sought to deal with urgent situations that arise, it is vital that the government keep its sights set on long-term reform that addresses the causes of young offender behaviour. Reform should not be derailed by knee-jerk responses to events, which will not make us safer in the long run.
The situation continues to evolve, and will no doubt have evolved further by the time this report is tabled. I anticipate that this will not be the last report I provide on this troubled issue.
Deborah Glass
Ombudsma
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