An investigation by the ACT Ombudsman has uncovered that prisoners at Canberra's Alexander Maconochie Centre were systematically overcharged for telephone calls for more than two years, with the government failing to adequately apologise or refund the excessive fees. The report highlights significant concerns about access to communication for individuals in detention and compliance with legal standards.
Substantial Overcharges and Inadequate Refunds
The Ombudsman found that between April 2022 and May 2024, approximately 980 people were collectively overcharged a staggering $123,235 for phone calls. As of the investigation, more than 480 individuals remained owed refunds exceeding $46,000, indicating a widespread and persistent issue within the correctional system.
ACT Ombudsman Iain Anderson emphasised that access to phone calls serves as a crucial lifeline for those in detention, directly impacting rehabilitative outcomes. "If call charges are prohibitive, this affects the rehabilitative outcomes for people in detention," Mr Anderson stated. He further noted that these findings present an opportunity for ACT Corrective Services to enhance compliance with the law and improve communication access, thereby strengthening positive relationships with family, friends, and support services.
Prohibitively High Charges Compared to Community Standards
The report criticised the "prohibitively high" call charges at the AMC, which have consistently exceeded community rates. From December 2024, a 10-minute call from the prison cost $1.87, a reduction from previous rates but still significantly higher than standard mobile plans. For instance, the Ombudsman noted that five such calls in a day would cost a detainee $9.35, compared to just $1.39 with Telstra or $1.25 with Optus for unlimited calls.
"These costs continue to be prohibitively high and risk limiting the ability of many people in detention to maintain contact with family, community and other services," the report concluded. It also pointed out that ACT Corrective Services has failed to meet a legal requirement to ensure detainees can receive incoming calls, further burdening individuals who rely solely on their ability to afford outgoing calls.
Potential Unlawfulness and Systemic Failures
The investigation revealed that from April 2022, the telephone service provider ceased charging Corrective Services for calls to Australian landlines and mobiles, yet the agency continued to charge detainees the same rates. The Ombudsman deemed this practice "potentially unlawful and certainly unfair," as it contravened the agency's policy under the Corrections Management Act 2007 to only pass on actual costs incurred.
Additionally, efforts to refund former detainees were described as "wholly inadequate," with a single website notice constituting the sole attempt to contact those who had left the facility. The Ombudsman made five key recommendations, including that ACT Corrective Services issue an apology, reimburse affected prisoners, and review its call charge structure. The agency has agreed or agreed in principle to all recommendations.
Political and Community Responses
Kurrajong independent Thomas Emerson called for a review of the prison's free-call list to ensure detainees are not charged for calls to helplines and other essential services. "Charging people for free calls and overcharging detainees for two years does not equate to dignified treatment," Mr Emerson asserted, underscoring the broader implications for human rights and rehabilitation.
Corrective Services defended the higher charges by citing additional costs for security, monitoring, and compliance features such as call recording, which are inherent to prison telephone systems. However, the Ombudsman maintained that these factors do not justify charges that disproportionately exceed community standards and hinder detainees' communication rights.
The scandal underscores ongoing challenges in ensuring fair and lawful treatment within correctional facilities, with calls for systemic reforms to uphold the dignity and rehabilitative needs of individuals in detention.
