Corrections Department backs down on ban on Justice Action’s pre-election newspaper on eve of Supreme Court showdown

The publishers of a pre-election newspaper have won an eleventh hour legal victory after the Corrections Department allowed a redacted version to be distributed to prisoners.

The publisher of a pre-election newspaper distributed to prisoners around the country have had an eleventh hour win with the Corrections Department reaching an agreement the evening before the matter was to go before the Supreme Court.

A copy of the paper, now redacted in parts, will be distributed to each prisoner ahead of the Federal election, though the slogan “Jailing is Failing” has been removed.

During a brief hearing before Justice Chris Bleby on Friday morning, Damian O’Leary SC, acting for Justice Action Co-ordinator Brett Collins, said an agreement had been reached.

Justice Bleby adjourned the matter for seven days to allow for a final agreement to be drawn up but was told by the parties it was likely that date would be vacated and the matter administratively finalised.

Justice Action co-ordinator Brett Collins (centre) pictured outside court with his lawyers after winning a legal victory – allowing publication of a pre-election newspaper in SA prisons. Picture: Naomi Jellicoe

Outside court Mr Collins explained that an agreement had been reached the night before the hearing was to begin.

“This is the newspaper which helps prisoners decide who to vote for, it’s as simple as that,” he said.

“It is a matter of informing the vote for people who are excluded from society and all political parties prepared a statement.”

Mr Collins said that all other jurisdictions in Australia had allowed for the paper to be published, but in a two-page letter Correction chief executive David Brown had raised concerns about the impact it might have within the walls of the state’s prisons.

“He said it was likely to inflame and provoke prisoners and cause unrest inside the jails, which is absolutely ridiculous,” Mr Collins said.

“It was quite spurious and we were surprised.”

A copy of the first page of the newspaper, with statements from multiple political parties. Picture: Supplied

Page 2 of the newspaper. Picture: Supplied

The battleground between the two parties was over the content of the paper and the extent of its distribution.

“They wanted to redact a number of statements including contact points and statements about Covid,” Mr Collins said.

“We accepted those because the paper is too essential not to publish.

“But then they started talking about only one paper per ten prisoners, which was really our red line, it was one paper per prisoner and finally late last night they agreed to that.”

The paper will be reprinted at the cost of Justice Action and will then be distributed through the state’s prisons.

Prisoners across Australia serving less than three years or on parole can vote in federal elections.

A Corrections Department spokeswoman said they remained commited to ensuring all prisoners who are eligible to vote did so and had access to voting material.

“We are pleased we’ve been able to reach an outcome that reflects the Department’s commitment that only acceptable materials will be permitted to be distributed to prisoners,” she said.

Originally published as Corrections Department backs down on ban on Justice Action’s pre-election newspaper on eve of Supreme Court showdown