Legal Education and Advice in Prison for Women Hawkesbury Nepean Legal Centre Women’s Legal Service, NSW and Wirringa Baiya Aboriginal Women’s Legal Centre Achieving Social Justice for People in the Criminal Justice System

CLC NSW State Conference May 2010 Legal Education and Advice in Prison for Women (LEAP) Overview

Statistical overview of prison population 50% of prisoners are incarcerated for less than 6months Following release 35% reoffend and return to gaol within two years 68% reoffend and return to prison within 5 years Over 80% return to gaol in their lifetime In % of all prisoners were being held in prison on remand Indigenous people are 13 times more likely to be incarcerated than non-indigenous people Indigenous population is 2.1% of NSW population AND 21% of the prison population (up from 18% in 2005) Between the number of indigenous women in prison increased by 73% indigenous women represented 21% of the prison population in indigenous women represented 30% of the prison population NSW Costs/head: $69K per year open custody, $82K for closed custody

Victimisation 70% of prisoners reported they had been either sexually assaulted or victims of domestic violence prior to coming into custody (Justice Health Survey) Mental health overview Survey conducted over 12 months found that 74% of prisoners reported psychiatric/psychological disorder (86% of women, 72% of men) v 22% in the general population 75% reported alcohol/drug addiction population v 19% in the general population Post Traumatic Stress Disorder: 55% v 12% Average IQ of NSW prisoners: 85 v 100

Legal Education and Advice in Prison July 2009 – January 2010 Estimates only Advice: 105Information only: 67 Solicitors see approximately 28 women per month 10 clients per prison per month This does not include advice and information given through the Expos which are held quarterly and attended regularly by all three community legal centres.

Corrective Services NSW Reported victimisation 69% of female prisoners reported at least one violent relationship 35% reported that they had been subject two or more violent relationships (Butler & Milner 2003) A survey of Aboriginal women in prison 80% of women reported being victims of domestic violence (Lawrie 2002) Sexual assault 60% women/37% men reported a sexual assault before 16 y/o 30% of women/10% men reported a sexual assault before 10 y/o Nearly 8 out of 10 women report being sexually assaulted as adults In a survey of Aboriginal women found that 70% of women surveyed reported being victims of child sexual assault (Lawrie 2002)

LEAP Experience Reported victimisation N.B. LEAP sols are NOT screening for domestic violence or sexual assault, data incomplete 80% of Aboriginal and Torres Strait Islander women report being victims of at least one domestic violence relationship 30% of non-Aboriginal women report being victims of domestic violence. Victims compensation is a primary issue for 25% of women Disclosure is incidental Case study: Norma, breach

Primary legal issues Estimates only

Family separation, care and protection Corrective services statistics: Age of women 19.2% aged y/o42.4% aged y/o 24.9% aged y/o nearly half, 49% men and 57% women have dependant children (Butler & Milner, 2003) 62% of indigenous men and 79% indigenous women have dependant children Average number of children: 2.2 for men and 2.4 for women (higher for indigenous people) Of prisoners that have been in out of home care: 45% of Aboriginal prisoners and 29% of non-Aboriginal prisoners have been in out of home care at some stage in their lives (John Murray, Positive Justice Centre) LEAP Statistics Domestic violence and care and protection make up over 50% of primary issues 10% of primary legal matters are in relation to contact with children

Other issues for our clients Experiences in prison and exiting prison Drugs/alcohol – access to rehabilitation, access to programs on release, problems accessing rehab on release. “Give us meth to dumb us down” Casestudy: Tamara, access to services in prison and rehab leaving prison. Counselling – access to VCT counselling, general counselling services. Remand - In 2001 a DCS assessment/review of remand statistics undertaken by DCS found that 56% of remand inmates received into custody were discharged without a custodial sentence, most leaving within a month. Access to support in prison - parenting courses, psychological, DOA services and Casestudy: accessing services while on remand. General confusion – general confusion about remand/sentence (communications with LA and ALS) Case study: weekly ring around Mental health - Prisoners suffering from depression: 80%, anxiety 47%, substance abuse disorder 57%. PTSD 55%

Case studies Victimisation: Norma, breach Centrelink debt:Debbie, $30,000 Care and protection: Kimberly, 7 kids Leaving prison: Tamara, rehab Duty of care:Jody, first day out Research and references: 2001 Inmate Health Survey, Butler T and Milner L, NSW Corrections Health Service, 2030 “Taking Justice into Custody: The Legal Needs of Prisoner” Law and Justice Foundation, 2008 Corrective Services Website Justice Health Annual Report 2007/08, NSW Health

Legal Education and Advice in Prison for Women Hawkesbury Nepean Legal Centre Women’s Legal Service, NSW and Wirringa Baiya Aboriginal Women’s Legal Centre Achieving Social Justice for People in the Criminal Justice System