The Aboriginal Visitors Scheme in disarray as two brothers attempt suicide within 12 hours

Gerry Georgatos - nit.com.au
In June, the National Indigenous Times broke the story of two brothers attempting suicide within 12 hours at Geraldton’s Greenough Prison and how the Aboriginal Visitors Scheme had been made defunct in the region by the Department of Corrective Services and how both the suicide attempts and the loss of the AVS had been kept from the news media.

"Aboriginal people are not sent to prison to die, or are they?" said Aboriginal Visitors Scheme (AVS) Officer, Joyce Capewell.

Ms Capewell slammed West Australia's Greenough Prison as overcrowded, understaffed and with inadequately trained personnel, and that the prison is rife with discrimination and various racism. The Indigenous prisoners are discriminated against she has said. She has also alleged that AVS workers are bullied, harrassed and diminished, and that they are not allowed to do their job.

Geraldton's Greenough Prison has at this time no AVS according to Ms Capewell and confirmed by the Department of Corrective Services (DCS) when contacted by The National Indigenous Times. In February, two young Aboriginal brothers, around 20 years of age, attempted suicide in their cells by hanging, and in the nick of time were found barely alive and cut down. Ms Capewell and her paired co-worker were not called into the prison after the first suicide attempt. They had been rostered on that evening and the DCS has steadfastly refused to answer questions from The National Indigenous Times as to why rostered AVS officers were not called in to support and counsel the brother. Ms Capewell had in the past supported prisoners who had been in adjoining cells or the same prison wing when someone had attempted suicide or when someone nearby had committed suicide. Had she been called to speak to and support the distressed brother he may in turn not have attempted suicide the next morning.

I have spent years in various advocacy for and on behalf of prison inmates – those with no-one else to turn to, those who should not be in a harsh prison facility obsessed merely by the detention of people and instead who many of these people should be treated elsewhere for various degrees of mental illness, and I have advocated on behalf of those who have alleged maltreatment against their custodians and whom to the naked eye clearly appear to be the victims of maltreatment, and also sadly for the families who seek answers as to why loved ones died in our custodial systems – however after years of studying hundreds of cases of alleged maltreatment and of deaths in prison custody I had never come across the tragic phenomena of two brothers attempting suicide within 12 hours. I had never come across an inmate whose brother had attempted suicide in a nearby prison cell and who was left without immediate support and counselling. It beggars belief.

"If we had been allowed, as we should have been allowed, and as we were rostered on, allowed to do our job - it is not likely the brother would have attempted suicide in the morning, less than twelve hours later. Imagine the grief he was enduring," said Ms Capewell.

Ms Capewell, with 20 years of experience in the AVS, had just arrived to the prison as the second suicide attempt “was being cut down” however both Ms Capewell and her co-worker were denied contact with the young man and the other nearby prisoners. Instead they were refused entry past the front entrance of the prison for more than an hour. The DCS has refused to provide a response to Greenough Regional Prison’s failure to call in Ms Capewell after the first suicide attempt and has refused to explain why the AVS officers were stopped at the front entrance while the second suicide attempt was being attended to. It is as if the DCS inherently asks of the wider community to trust them, for an investiture of goodwill and faith.

Mrs Capewell said that she had to take on the DCS to ensure that Aboriginal peoples do not continue as "fodder in death traps".

She decided not to return to “an unhealthy and dangerous work environment where inmates lives were at risk” and instead has chosen to raise the bar and mediate for adequate changes at Greenough Prison and throughout Yamaji country where the AVS is not in place.

"Yamaji communities are so distressed that Elders have called for a community crisis meeting and to call for resignations from Greenough Prison. Geraldton's respected Elder Hilda Kickett has got the ball rolling," said Ms Capewell, several weeks ago.

Ms Capewell has accused certain personnel at the prison, including "a white South African psychologist" recently recruited to the prison of "racism, discrimination, and of a distinct lack of Aboriginal cultural awareness". She said they have been negligent to the point that they are responsible for the double suicide attempt and the "grief and fears resonating with Aboriginal inmates and their families.".

“I have realised that I can no long remain silent... The cessation of the AVS scheme for the time being hurts our prisoners, their families and all Aboriginal peoples, and it hurts me too,” said Mrs Capewell.

She said that if the DCS did not instruct Greenough Prison to immediately reinstate the AVS “then we are standing by and will watch deaths in custody.”

“The scheme in our Yamaji regions has deteriorated to the extent where currently we do not have any AVS operating in our Yamaji lands.”

“(The) AVS has not operated in lockups in the Yamaji for the three years now. Similarly at Greenough between 2009 to 2011,” said Mrs Capewell. Later in this article you will read that the AVS has not operated in many regions of Western Australia for quite some time and that the DCS has allowed this to continue predominately because they do not believe in its worthiness despite the AVS having been a specific mandate by recommendation from the 1987-1991 Royal Commission into Aboriginal Deaths in Custody (RCIADC).

According to Ms Capewell, there have been three custodial deaths at Greenough Prison during the last three years, and many suicide attempts, including multiple attempts.

DCS spokesperson Brian Cowie said that his department is not at liberty to discuss the reasons why they have botched the AVS nor he said can he publicly address Ms Capewell’s concerns. For a government department to argue that it is not at liberty to publicly address generic questions about why the AVS is down is reprehensible, and if we are to acquit responsible audit of institutional governance and practices then it should be legislation, and not a matter of policy inconsistent from department to department, of whether the news media’s questions are replied to.

In seeking a response as to why there has been no AVS in Geraldton and surrounding regions the National Indigenous Times was offered the following. “The AVS has established itself as a successful initiative to assist in reducing the incidents of self-harm and deaths of Aboriginal people in custody in Western Australia through visiting prisons, juvenile detention centres and police lock-ups. The scheme has pioneered counselling techniques for Aboriginal people and promotes a greater understanding to government and other agencies of the particular needs and concerns of Aboriginal people in custody. AVS visitors are employed on a casual, rostered basis,” said Mr Cowie.

"That's exactly what the DCS and the AVS should be doing, but they are not, so what are they saying? I am saying there has been no AVS. I am saying their practices and behaviour are appalling, and discriminatory," said Ms Capewell.

A couple of months ago the DCS had offered Ms Capewell the opportunity to resume her employment however Ms Capewell said that recently she was contacted by the AVS manager Laurel Sellers and was told that her employment may be re-considered "because you are a disruptive influence."

"They are upset because I have gone public in exposing them with their breaches, exposing the shocking situation where the DCS have not enabled the AVS, and in exposing the shocking conditions our inmates are enduring because of their negligence. So they've been harassing and bullying me in the hope that I'll be silent to all the wrong," said Ms Capewell.

"It is them who are not letting me do my job, it is them who are not implementing the AVS or where they have AVS officers on call they are not calling them in. This is outrageous. I've now spoken out and all of a sudden I am the problem, and not them, go figure!"

The National Indigenous Times is aware of various legal merit Ms Capewell has undertaken to challenge the practices and test the allegations she has raised against Greenough Prison, however at this time we will not report on this pathway so as not to compromise any chance of remedies between the DCS and AVS and Ms Capewell's concerns, for the sake of the inmates. The National Indigenous Times will continue to report on the situation at Greenough Prison while ensuring not to compromise various confidential mediation however it is not acceptable that there has been no AVS at Greenough Prison.

The National Indigenous Times has contacted the AVS by phone and my email and sought to arrange conversation and subsequently an interview with the AVS manager Laurel Sellers. We have not received any response, disappointingly.

LET US REITERATE WHAT IS WRONG HERE - TWO BROTHERS ATTEMPT SUICIDE AND THE AVS IS NOT CALLED IN; WHY?

Western Australia’s Greenough Prison has at this time no Aboriginal Visitors Scheme (AVS) according to AVS officer Joyce Capewell and confirmed by the DCS. Twelve hours apart, late evening February 8 and on the morning of February 9, two young Aboriginal brothers, around 20 years of age, attempted suicide by hanging, were found in their cells and cut down - such is the despair in Greenough Prison which Ms Capewell describes. The AVS officers were not allowed to assist the brothers. What mindset was it that kept Ms Capewell and her co-worker at the prison gates for over an hour during the second suicide attempt? We need to look at the veils and layers of the thinking that underlays the culture.

Ms Capewell , who has 20 years as an AVS officer, said she has been ostracised for speaking out and is involved in various mediation however has decided not to return to work till she can resolve reinstatement of the AVS and the full suite of her duties. The AVS scheme at this time is not in place at Greenough Prison. Ms Capewell alongside community Elders are distraught as to the welfare of the predominant Aboriginal prison population. Greenough Prison does not have an impressive track record – it is where young Aboriginal man Marlon Noble spent ten years, from age 19, without a conviction.

Ms Capewell is concerned for the many Aboriginal inmates she was assisting and is particularly concerned about the welfare of the two young brothers.

“I have realised that I can no long remain silent... The cessation of the AVS scheme for the time being hurts our prisoners, their families and all Aboriginal peoples, it hurts me too,” said Ms Capewell.

She said that if the Department of Corrective Services did not instruct Greenough Prison to reinstate the AVS “then we are standing by and will watch deaths in custody continue their rise.”

Ms Capewell said that the cessation of the scheme is not limited to Greenough however regionally it is increasingly widespread. “The scheme in our Yamaji regions has deteriorated to the extent where currently we do not have any AVS operating in our Yamaji lands.”

“(The) AVS has not operated in lockups in the Yamaji for three years now. Similarly at Greenough between 2009 to 2011,” said Ms Capewell.

There have been three custodial deaths at Greenough Prison during the last three years, and many suicide attempts, including multiple attempts.

“On February 8, myself and a new co-worker attended Greenough Prison at 9am. As we went through the front gate a ‘red code alert’ went out – accompanied by an emergency siren. We had to wait for an hour at the gate. There had been an attempted suicide by a twenty year old Aboriginal man. We soon learned that the previous night, his brother had attempted suicide,” said Ms Capewell.

“Imagine our horror and dismay.”

“My first question was ‘Why weren’t the AVS called in last night?” said Ms Capewell.

The National Indigenous Times highlighted this question in a set of questions to the Department of Corrective Services.

Ms Capewell said, “There was no response to my question... The AVS is on call, it is a 24/7 service. It’s what we are here for.”

In the event of a suicide the AVS need to be called in to be there for the grieving family however also for the prison’s inmates, and similarly when there is an attempted suicide, self harm or injury, or the need for psychosocial-like support and counselling.

“In my 20 years of AVS this is the only time I have come across two young brothers trying to take their lives.”

Mrs Capewell was not permitted to meet with the young man that had just attempted suicide and instead a little later he was taken away by ambulance.

“(Aboriginal) prisoners will advise, ‘We don’t want to talk to white-fellas when we feel no good. We want to see our mob, the AVS. White-fellas don’t know our ways.”

Ms Capewell said she has often observed the mental anguish of many Aboriginal inmates who are not properly understood by prison support staff and non-Aboriginal prison counsellors. “There must be Aboriginal cultural awareness (training) for those dealing with our Aboriginal folk.”

She said current practices limit the opportunity for any sense of ‘rehabilitation’.

“Several days after the attempted suicide of the two young brothers they were sent to Casuarina Prison for various assessment,” said Ms Capewell. “However, to my dismay, two weeks later they were just returned to Greenough Prison like nothing had ever occurred.”

“Some of the prison staff were shocked.”

“I wanted to assist the brothers but I was denied this because Corrective Services misused the need to roster a co-worker with me, and at the time this wasn’t possible. This is a senselessly racist policy.” The AVS has a requirement that AVS workers must work in pairs.

Ms Capewell said there had been little activity in DCS recruiting AVS workers in and to the region.

“Then it got worse. All of a sudden I was informed that I was not able to enter the prison without a paired co-worker – I could not even do my other work, my follow-up work.”

“I had performed many AVS duties, on numerous occasions without a co-worker. I had attended crisis situations without a co-worker. I am sure that all of a sudden DCS and AVS management will deny this, as they quite often limit what they will publicly say. In fact for four months prior this sudden harassment of myself in trying to prohibit my work and contact with our people I had been without a partner, without a co-worker and doing my job well enough and working for those who need us.”

DCS spokesperson Brian Cowie said that the DCS is not at liberty to discuss the AVS and Ms Capewell’s predicament at length. “The DCS is not in a position to discuss the employment status or personal details of employees, nor does the department comment on the management or health of individual prisoners.”

“The AVS has established itself as a successful initiative to assist in reducing the incidents of self-harm and deaths of Aboriginal people in custody in Western Australia through visiting prisons, juvenile detention centres and police lock-ups. The scheme has pioneered counselling techniques for Aboriginal people and promotes a greater understanding to government and other agencies of the particular needs and concerns of Aboriginal people in custody. AVS visitors are employed on a casual, rostered basis,” said Mr Cowie.

“AVS visitors work in pairs and currently the department is recruiting further visitors to complete the allocated two positions at Greenough Regional Prison,” he said.

YAMAJIS MEET TO PUSH FOR THE REINSTATEMENT OF THE ABORIGINAL VISITORS

Two Yamaji brothers attempting suicide within 12 hours at Geraldton's Greenough Prison and the DCS failure to call in the AVS officers galvanised the WA regional town's Yamaji community to demand answers and to call for the reinstatement of the AVS which surprisingly is missing from Geraldton and most nearby towns.

The National Indigenous Times attended the emergency Yamaji Elders and Yamaji community members meeting in Geraldton on July 13 after AVS worker Joyce Capewell blew the whistle on Greenough Prison and the DCS's failure to maintain the AVS throughout Yamaji country at the various custodial jurisdictions - prison and police related. Having devoted much of my time during the last several years to the treatment of prisoners in prison and police custodial jurisdictions and having immersed myself in the cases of far too many victims of seemingly unnatural deaths, unnecessary deaths while in custody, of prison suicides in a country where we have one of the world’s highest prison suicide rates I knew the importance of following through in investigating where I could the attempted suicides of these two brothers and in trying to understand the culture underlain within Greenough Prison and of the DSC that had allowed for the AVS to languish in obscurity, utterly immolated. I drove to Geraldton for this meeting, five and a half hours, leaving 4am from Perth and arriving at 9:30am with just half an hour before the commencement of the meeting. I would leave for Perth from Geraldton at the conclusion of the meeting, which would be at 3pm and arrive in Perth exhausted from more than eleven hours of driving in the one day at just after 9pm.

Local MLA Ian Blayney, a government backbencher, provided the venue for the meeting and it was attended by the Acting District Police Superintendent Gary Cunningham who admitted to those in attendance at the meeting that police watch houses in Geraldton, Carnarvon and Meekatharra are without the AVS although he personally welcomed reinstatement of the AVS and encouraged those present to make this happen.

The meeting was opened by three of Geraldton's prominent Elders, Hilda Kickett, who it is claimed is the late Lang Hancock's daughter , and by Elder James Brockman and Elder Joan Lever - all of them articulated their distress at the absence of the AVS - a core recommendation of the Royal Commission into Aboriginal Deaths in Custody (RCIADC).

Ms Capewell said Greenough Prison was overcrowded and there existed within Greenough a lack of cultural awareness by staff for the predominately Aboriginal inmates. DCS spokesman Brian Cowie said to The National Indigenous Times that after more than two years without the AVS at Greenough an effort is being made to find responsible persons to work in the AVS at the prison however this is yet to achieved.

Ms Capewell spoke informatively to those present at the community meeting. "The AVS was put into place because of the concerns of Aboriginal people, regarding deaths in custody, and to help reduce the likelihood of non-Aboriginal people working with Aboriginal people they don't understand."

"During my 20 years with the AVS I have helped many prisoners and their families, attended many attempted suicides and crisis situations, and have had to counsel family after a suicide. I do not understand why I wasn't called in with the first suicide attempt and by so doing could have prevented the brother's attempt."

"Most people do not know what goes in prison. I have supported prisoners with and without co-workers. I've seen (prisoners) bash their heads against cell walls, I've seen them improperly chained and shackled, in straight-jackets. I sat with one brother all night after his brother had committed suicide in the cell next to him, and now with a similar predicament I wasn't called in."

"Our people need to be comforted by one of their own in times like this."

"We Yamajis and other guests here today need to ensure that Aboriginal prisoners are receiving support from their own, right now this is not occurring," said Ms Capewell.

"Because I have spoken out to exact change I am now being persecuted by the DCS and Greenough Prison."

One of the speakers was Yamaji Kim McIntosh, recently released from Greenough Prison who provided a telling description of life in prison. He supported Ms Capewell who he said prisoners referred to "as mother, auntie, sister and who was the only person who had supported them."

"Many of the Aboriginal prisoners are from the Desert or from the Kimberley's Wyndham and Kununurra, from the remote, and some don't speak English, they don't understand what is being said to them and many others have no literacy and without people like Joyce they are lost, they've got nowhere to go."

"I have seen the mental strain in there, the suffering, and we need Joyce in there, more people like her. This woman has done an awful lot for our people in there and they take her away, it makes no sense, it is cruel."

Superintendent Cunningham lamented the lack of the AVS at police watch houses and said "It is up to community to provide the responsible people for AVS. Bring us a list of names." I was struck with bewilderment that the WA Police and that the DCS would expect the community to be fully aware of whether or not there were operational AVS and adequate responsible AVS officers in place at police watch houses, lock ups, and prisons. One would imagine that if there wasn’t that in the very least the WA Police and the DCS would inform the Aboriginal Legal Services and Aboriginal Corporations that certain towns and regions were without AVS officers and that they needed to assist in ensuring provision of responsible persons to undertake the roles of AVS officers. How else can a community get the word out for Aboriginal Visitors Scheme officers if they do not know that they are without them? There are many who argue that the AVS should not be a contracted service of the DCS and which acquits itself to the DCS, and therefore relies on its existence from the DCS, and when we come across this witness of the WA Police and the DCS not informing and working with local Aboriginal community groups, not informing them that AVS numbers are down, then the argument that the AVS should not be in the control of the DCS gains weight. If they want Aboriginal organisations to be responsible for supplying the personnel for the AVS then let the Aboriginal organisations, be it the Aboriginal Legal Services, who in WA have 13 centres state-wide, or a coalescing of Aboriginal groups, fully manage the Aboriginal Visitors Scheme. One could argue Aboriginal advancement by Aboriginal peoples, and where all relevant parties and those with the greatest stake are at all times adequately informed of the state of affairs. The issue of the AVS being removed from the DCS and handed to Aboriginal organisations was raised a number of times at the meeting.

Perth's Deaths in Custody Watch Committee's Nyoongar Whadjuk Elder Ben Taylor and committee secretary Bruce Campbell flew into Geraldton to attend the meeting.

"Our people need support, I have seen a lifetime of suffering for our people. I applaud Joyce's stance and I would like to see a Deaths in Custody watch group formed here in Geraldton to support our people," said Elder Taylor.

The day long forum attended by 30, many of them representatives of local and regional organisations, voted unanimously to support Ms Capewell's stance and that the DCS be demanded of to immediately return her to Greenough Prison to work with the inmates, that Yamaji Elders and organisations should formally demand the reinstatement of the AVS by the DCS, that the issue should be tabled as an agenda item with the Geraldton shire council, and that a Geraldton Deaths in Custody Watch Committee be formed to be supported by the Perth based Deaths in Custody Watch Committee.

THE HOUSE NEGRO

There has been a fracture between some peoples generally on the same page over Ms Capewell’s standoff with the DCS and Greenough Prison. There are some within the Geraldton Aboriginal communities who fear repercussions by the State Government and their agents, for instance the DCS, upon funded Aboriginal community groups. This vulnerability and tension augments a certain fear, sometimes unfounded, and at other times founded, in peoples and leads to a manifest divide between peoples who otherwise are geared to the same penultimate objectives. The National Indigenous Times has been phoned by several leading lights of Geraldton’s Aboriginal organisations who do not support Ms Capewell’s stance though some of them agree that what she has exposed is the truth, however the truth exposed in the manner it has been may damage relationships achieved “between peoples over the years”. However by the same token many others have contacted The National Indigenous Times in support of Ms Capewell’s stance and have encouraged a push for the AVS to be taken over exclusively by Aboriginal peoples.

Yamaji Chris Gosper said, “To those Aboriginal people that would think to declare that (Joyce Capewell) is manipulating the situation to benefit (herself) I openly say that they have traded in their Aboriginality.”

“Malcolm X best defined Black People who reject their identity when he called it the “slave-mind mentality”. Malcolm X went on to say, ‘You have to understand this type of thinking; to understand this type of man, you must understand that historically there were two types of Black slaves in America, the House Negro and the Field Negro. The House Negro lived in the house next to his Master, either in the basement or up in the attic; he dressed pretty good, and he ate pretty good – what his Master left him. He loved his Master; I say he loved his Master better than the Master loved himself. If the Master said ‘we got a nice house here’ he would say ‘yes Boss, we got a nice house here’. If the Master’s house caught on fire the House Negro would be the one to run to put the blaze out. If the Master got sick the House Negro would say ‘what’s the matter Boss, we sick?’ We sick! You see, this is the thinking of the House Negro. Now, if a Field Negro came up to the House Negro and said ‘let’s run away; lets separate; lets run away from this cruel Master’, the House Negro would say ‘why; what’s better than we got here? Run away? I’m not going anywhere’. In those days we called them ‘House Niggers’, and that’s what we call them today, because we still got a lot of House Niggers running around.’”

Mr Gosper concluded, “The House Negro or slave-mind mentality is very much active amongst a minority of Aboriginal people. It is those Aboriginal people who are willing to turn against their brothers and sisters to please white people; to gain favour with white people; they wag their tail and roll over on command to receive a pat on the head. “

The National Congress of First Nations Peoples, and in particular Brian Butler, and the Australian Human Rights Social Justice Commissioner Mick Gooda will disagree with Mr Gosper’s comments and consider them ‘lateral violence’ however this is what many people do think and say. Whether I agree with Malcolm X or not, whether I agree with Mr Gosper’s conclusion or not what is evident and what has been my experience is that there is an angst between peoples more so in terms of those who are prepared to speak up publicly, and even often whether they should speak up on them through internal mechanisms, on issues that otherwise appear to languish or which are only being remedied painstakingly piecemeal. What is indeed the truth is that cultures of favour dispensation do exist and undermine organisations and public institutions and make a mockery of prescribed governance. Nepotism mangles and meshes all peoples, no matter colour or creed, no matter our socio-economic demographics and it is a sad fact that whistle-blower policies and regulations are so poor at this time that they protect no-one, and that retribution is a fact of life for whistle-blowers, however till as such time as whistle-blower laws are well defined and enabled then all peoples are vulnerable to retribution, and management systems will not be adequately acquitted and made transparent because indeed whistle-blowing is the end of a career for someone, is the closing of door(s) and furthermore good reputations are smashed by concocted dirt files.

Mr Gosper said that it is deplorable for people to attack Ms Capewell who has worked twenty years as an AVS officer, and it is deplorable for people to attack her commitment to rise to the occasion by a stance in the public domain. He said, “It is very easy for others to make ignorant and arrogant accusations when they haven’t seen what (Joyce Capewell) has seen, and it is extremely sad.”

THE ABORIGINAL VISITORS SCHEME

The AVS was a recommendation of the RCIADC and therefore let us look deeper into the AVS – in October 1999 Phil Prosser of the Ministry of Justice WA presented a paper “Best Practice Interventions in Corrections” for the Indigenous People Conference convened by the Australian Institute of Criminology (AIC) in conjunction with the DCS South Australia.

He said, “On the 19 November, the Royal Commissioner, the late Mr Justice Muirhead advised that it had become apparent the Royal Commission (into Aboriginal Deaths in Custody) would take much longer that at first thought to complete its inquiries. He exhorted the States not to merely wait for the conclusion of the royal commission but to take steps forthwith to stop further cell deaths. On 20 November 1987 the former Western Australian Minister for Aboriginal Affairs announced that in association the Minister for Corrective Services and Minister for Police, a state interim inquiry into Aboriginal deaths in custody would be convened in response to the remarks of the Royal Commissioner… The terms of reference required the inquiry to consider the material currently available concerning the deaths in custody of Aboriginal people in Western Australia since 1 January 1980 and to report to the Hon. Ministers by 21 January 1988.”

“It was important to ensure that any recommendations of the inquiry were soundly based and were formulated with the benefit of consultation with relevant organisations and in particular with Aboriginal groups. Given the limited time frame, the extent of the inquiry’s consultation was not as wide ranging, as its members would have wished. Members of the Inquiry met with representatives of the State Aboriginal Advisory council, the Aboriginal Medical Service and the former special government Committee of Aboriginal/Police and Community.”

It appears much of this spirit to consult and work together with Aboriginal organisations, community groups and other Aboriginal stakeholders has much degenerated since then.

Mr Prosser continued, “In response to recommendation twenty (20) of the Western Australian Interim Inquiry into Aboriginal Deaths in Custody, which reads as follows, “Consistent with the effective management of Prison ad Police lockups an Aboriginal Visitor Scheme should be developed and Implemented”… The Aboriginal Visitors Scheme was established and introduced as a pilot program in the Goldfields town of Kalgoorlie in July1988. Due to the success of this initiative, the program was expanded to service other selected prisons and lockups. Today prisons and selected lockups in WA are serviced by the AVS.”

The Goldfields in 2012 does not have the AVS fully operational nor present in all its custodial facilities and jurisdictions.

“The Aboriginal Visitors Scheme was originally coordinated by the Aboriginal Affairs planning authority (AAPA) (now the Aboriginal Affairs Department) before being transferred to the Ministry of Justice in March 1994. Although administered by the Ministry, the Aboriginal Visitors Scheme has been able to retain its autonomy and confidentiality in providing an independent support service for indigenous people in custody,” said Mr Prosser.

“The responsibility for the AVS rests jointly with the Attorney General, the Minister for Police and Minister for Aboriginal Affairs.” However in 2012 both the WA Police and the Government have passed the buck to Aboriginal communities and organisations to provide responsible persons for the scheme however they do not have responsibility for the program. Recently on a major Perth radio station, 6PR, on the Paul Murray program I asked the WA Police Commissioner Karl O’Callaghan about the status of the Aboriginal Visitors Scheme in police lock ups and including the Perth watch-house and he said he did not know the status of the AVS with reference to police lock ups or whether AVS officers were being called in.

“The aims and objective of the Scheme is to provide a means of reducing the likelihood of Aboriginal deaths in custody, through the implementation of a community orientated service provided by Aboriginal Visitors who would assist in ensuring culturally appropriate counselling is provided to Aboriginal detainees or prisoners who may or may not be in a distressed agitated state,” said Mr Prosser. “Aboriginal detainees and prisoners are given adequate support and referral service. The Aboriginal Community is satisfied that detainees and prisoners are treated in a fair and humane manner whilst incarcerated.”

In 1999, he said, “Currently the AVS employs five permanent officers and manages approximately forty-five community people as Visitors. Aboriginality as part of the criteria for appointment as an Aboriginal Visitor, is essential to the scheme. Visitors are recruited from local community groups throughout the state. All Visitors are Indigenous people who have made a personal commitment to assisting supporting detainee/prisoners in their local areas. They are employed on a casual basis, but are available at all times to assist detainees and prisoners as the need arises.”

“To complement the Visitors in their role, there is an after hours - on call - roster in place, which is the responsibility of the permanent officers to maintain. This service is provided, to ensure a fast turn around response, in the case of any emergency that may occur, outside of working hours, weekends and public holidays.”

“All prospective visitors are given five days of intensive in house training prior to their employment, thereafter a three day follow up training program takes place every 3 months… The training includes (an) introduction to the guidelines and objectives of the AVS - Report writing - Orientation visit to prison and a selected lock up - Roles and responsibilities of the Visitor - The role or duty of the Aboriginal Visitor is most crucial.”

“(The Aboriginal Visitor) visits and provides support for Aboriginal and Torres Strait Islander people who are held in custody in police lock ups, prisons and detention centres. - Monitors that Aboriginal and Torres Strait Islander people are dealt with humanely in police lock ups, prisons and detention centres. (They) complete written reports on observations made at lock ups, prisons and detention centres. Such reports shall be forwarded to the designated project officer responsible for that region immediately the visit is completed. Advises the Officer in Charge of the police lock up, prison or detention centre if the Aboriginal Visitor is of the opinion that the person in custody requires medical or any other urgent attention. - Ensures that any matters of concern to a visitor, relating to a person in custody, shall be brought to the attention of the Manager of the Aboriginal Visitor Scheme immediately.”

“The Visitors are required to inform the Officer in Charge of a Police lock up, prison and detention centre of any observations made which relate to the condition of the person in custody and the condition in which they are being held, prior to departure.”

In terms of counselling Mr Prosser said, “Visitors are taught the six basic stages of Counselling which would be effective and appropriate in terms of helping Aboriginal people in lock ups, prisons and detention centres. This applies especially for young people who may have been arrested for the first time and are experiencing, stress, loneliness, isolation or depression.”

The six basic steps are – “To break through the isolation of the Detainee/Prisoner. Eg. Call out as you approach the person, convey a sense of caring by chatting, friendliness, and reassurance that you will do everything possible to help them. - To demonstrate that you understand Eg. Listening, find out about their concerns, views. Never judge or criticise. - To determine the seriousness of a suicide threat - Eg. Look for signs of emotional, psychological, physical, analyse the situation. - Reality tests the Detainee/Prisoner, talk openly about the issues - Eg. Talk openly and honestly on how they feel, trust your own judgement, point out the consequences of their action. (Family/culture). - To involve the Detainee/Prisoner in a solution. “Cure” for the Detainee - Eg. Helping them to recover from the despair by being positive, practical. Encouraging to participate in the process, staying with them till they feel ‘okay’. - Then detach yourself – debrief visits involved in – “Cure” the Visitor. -Eg. Feel that you have done your best “Walk on”, spend time with other visitors or support people to let go of any emotional involvement. Visitor Support -Whilst the Aboriginal Visitor Schemes main focus is in place to provide appropriate counselling and support for Aboriginal prisoners who may experiences stress, isolation or depression for one or more reasons, we are ever mindful of the Visitors who, in dealing with these day to day occurrences, eventually, will need time out, due to the stressful situation they are being placed in. There have been cases where Visitors were called out for the first time to attend a crisis situation. The Visitors involved were requested to counsel a prisoner who appeared to have suicidal tendencies. Upon arrival at the prison, the Visitors are confronted with a person who is showing signs of depression. He is very agitated and keeps repeating ‘there is nothing left for him to live for, nobody cares for him’”.

He said, “Initially they are prevented from going into the area where the prisoner is because the prison staff fears for their safety. However after much persuading the Visitors are able to gain entry and begin to talk and gain the confidence of the prisoner. Over a period of time the Visitors are able to calm the person and take control of the situation. Arrangements are made for him to move into another cell with a relative (buddy buddy cell) to give him support and companionship. He assures the Visitors he now feels a lot better and is happy with the current situation. He also gives them a guarantee he will not harm himself. This counselling session has taken place over a period of approximately four hours. Imagine the feeling of frustration and despair as well as that feeling of failure on their part, when they are notified the prisoner has committed suicide that same evening.”

Ms Capewell has spent whole nights counselling prisoners.

Mr Prosser said, “The Ministry recognises that Visitors operate in a very depressive environment. The nature of prisons and lock-ups can be oppressive and stressful for the worker. Visitors at times are required to deal with disturbed and suicidal detainees. This is especially the case, where for instance there has been a death in custody and visitors who have been counselling the person prior to occurrence, may be required to appear before a

coronial inquiry to give evidence on this matter. In circumstances such as this visitors and

support staff will need all the assistance that is available to them.”

Mr Prosser in his concluding remarks said, “The Ministry of Justice in allowing the Aboriginal Visitors Scheme to retain its autonomy, in providing an independent service under the umbrella of its Aboriginal Policy and Services Directorate, has recognised that the AVS has been one of the most contributing factors is assisting the reduction of Aboriginal deaths in custody.”

Greenough Regional Prison like most prisons has a chequered record – In September 2010, a 33 year old woman died in custody after she was found in pain in her prison cell. Amy Tinker was taken to Geraldton Regional Hospital on a Monday then flown by the Royal Flying Doctor Service to Sir Charles Gairdner Hospital in Perth on the Tuesday. She died on the Wednesday.

In February of 2010 it was suggested with a temporary shut-down of Carnarvon lock up while upgrades were underway that prisoners would be driven 17 hours handcuffed to a seat in the back of a prison van, from Greenough Prison to Roebourne Prison (in the Pilbara). A DCS spokesperson at the time subsequently denied that inmates would be handcuffed to their seats for 17 hours non-stop between Greenough and Roebourne Prisons. This was clearly a breach of the DCS duty of care in their personnel, whether it would be direct or contracted employees handcuffing someone for a protracted period of time while already in a confined space. This type of misconduct and neglect was what led to the death of the Warburton Elder Mr Ward in the back of the GS4 prisoner transport van in January 2008.

In May 2012, the Prison Officers Union WA reported that the WA State Government had failed to address overcrowding at Greenough Regional Prison. Union Secretary John Welch said Greenough was housing more than 270 prisoners in a facility designed to hold less than 220 prisoners. He said cells built to house no more than one or two prisoners were now holding up to four prisoners.

"For prison officers it means that every day is more dangerous and more risky," he said. "When you look at the Office of Custodial Services' report into Bunbury, they were very clear that the effect of overcrowding is that the risk of staff, in terms of assaults, and the risk of assaults prisoner on prisoner all go up."

Mr Welch said the Government needed to take action immediately. Of course this has not happened. Australia-wide the prison population has doubled, from 15,000 in 1991 to 31,000 in 2011, and with the surge in prisoners disproportionate for Aboriginal peoples, with 26% of the prison population Aboriginal, now approaching 8,000.

"When you do that to prisoners, then those prisoners are more likely to become more angry, more agitated and more difficult," said Mr Welch.

At the time the then State Minister for Corrective Services, Terry Redman, said Greenough had been approved to hold 328 people, with double bunking in some rooms. Therefore approval had been given for prison cells designed for one and two people at best to hold three and four. If you see these dank cold cells in person you walk away with a sense of hopelessness. Mr Redman’s abject solution was to say at the time that the Government was committed to adding another 2,500 beds in the WA prison system and to consider a new female prisoners unit at Greenough – in other words a bent to jail more people, of course mostly West Australia’s Aboriginal peoples. 42% of the WA prison population comprises Aboriginal people – and yet less than 3% of WA identifies as Aboriginal. One in every twenty Aboriginal males in WA is in prison on any given night. My PhD opens up with, “If you want to know the hearts and minds of a nation, of its legislators, the soul of its consciousness, then look into its prisons day and night and you will know the nation’s heart and mind and the soul of its consciousness.”

More than 80% of the more than 270 prisoners at Greenough Regional Prison are Aboriginal. Kim McIntosh is testimony to what’s needed, and that is the raising of awareness of one another, in understanding people and their form and content, and in so doing there arises a beacon for hope. Mr McIntosh spoke of life in prison and he spoke of the person who supported him and who supported many others in Greenough Prison. He said prisoners referred to Ms Capewell "as mother, auntie, sister and who was the only person who supported them." It is not rocket science that the Aboriginal Visitors Scheme should be up and running at all times and that people like Ms Capewell should be allowed to do their job and provide the humanity that is being cried out for and that may make a difference.

LINKS:

http://nit.com.au/news/1609-yamaji-elders-demand-action-on-jail-avs-role...

http://nit.com.au/opinion/1581-the-aboriginal-visitors-scheme-in-total-d...

http://nit.com.au/news/1248-wa-prison-officer-warns-of-more-deaths-witho...

http://nit.com.au/opinion/1487-inappropriate-cultural-awareness.html