Page:Report of the Commission Appointed to inquire into the Penal System of the Colony.pdf/24

 Mr. George has, for some time past, filled the position of superintendent to the satisfaction of the Government, but he has had forced upon him responsibilities and functions which ordinarily come within the province of a governor rather than that of a superintendent.

In our opinion an Inspector-General, who would exercise all the functions of a prison governor, should be appointed.

In addition to those warders whom we selected for examination a very large proportion of the officials volunteered to give evidence, and furnished us with much valuable information. In some cases there is a little dissatisfaction among the men, owing to uncertainty in the matter of quarters, some officials being allowed quarters in addition to their pay, whilst others are not. The average rate of pay ruling among the warders is low, having regard to the long hours and the extremely tedious and disagreeable although not laborious character of the duties which the warders are required to discharge.

We were pleased to find that a considerable proportion of the warders are skilled tradesmen, and could, if required, teach trades to the prisoners. We recommend that in future no warders should be engaged, but such as are competent to teach some handicraft, and that a reasonable educational test should be passed by candidates before they are appointed.

Upon this subject the latest report of the Comptroller-General of Prisons in New South Wales says:—"With a view to the gradual improvement of the status and morale of the subordinate staff, some very important reforms were brought into operation, by which, amongst other things, an educational test was applied to applicants for employment. This will have the effect of preventing any further additions to the ranks of illiterate officers. It has also been provided that the lower ranks will not be eligible for promotion until they pass a qualifying examination in various subjects connected with the theory and practice of prison work. It is intended to institute small libraries, containing works on criminology and prison management at all the principal gaols, for the use of the officers, and every inducement will be held out to warders to qualify themselves for examination and promotion. A minimum and maximum rate of pay has been established for each rank with regular yearly increments—contingent on good behaviour—leading from one to the other, and it is hoped that all of these changes will, as time goes on, raise the standard of efficiency."

We regret to find that there are no written or printed rules for the guidance of the warders in the discharge of their duties at Fremantle. Such general rules as exist are admittedly almost altogether inapplicable to the existing condition of affairs. As a matter of fact, the only instructions which the warders receive are of a verbal character, and are transmitted by the Superintendent or his immediate assistants to the subordinate officials.

We are of opinion that it is of the highest importance that every official, from the Superintendent downwards, should have the duties belonging to each position carefully and accurately prescribed in writing.

Even in such an important matter as that of firing upon escapees we find that the instructions to the armed guards are altogether verbal, and, to some extent, confidential. There appears to be considerable doubt on two very material points: (1) What are the precincts of the gaol within which a prisoner who attempts to escape may be fired upon; and (2) what class of prisoners render themselves liable to be shot at if they attempt to escape. Originally, no doubt, a warder who killed a man who attempted to escape from custody was indemnified if the escapee died as the result of a shot fired at him by one of the warders in charge. But that regulation applied to convicts, and it is not at all clear that it is equally valid in the case of prisoners who are not convicts. Then, the limitation of the proper precincts of the gaol is at present somewhat obscure and vague, whereas it ought to be very clearly defined.

In regard to the "precincts of the gaol," referred to in the foregoing paragraph, we would draw attention to the fact that on the 16th May, 1851, an ordinance was assented to by the Governor vesting the land at Fremantle, referred to in that ordinance, containing an area of 39 acres and 1 rood, in the Comptroller-General of Convicts and the Colonial Secretary, in trust for Her Majesty for the prison purposes set forth in the preamble.

Since that date, however, this area has been considerably encroached upon from time to time for other purposes of a public and semi-public character. We understand that the Fremantle Hospital and grounds are part of this area of 39 acres, and also that a grant has been made to the Fremantle Municipality of that portion of the same area, which is now known as the Oval. Having regard to the definite and specific purposes for which the land was vested "for ever" under the ordinance of 1851, we do not know by what authority the alienations referred to have been effected.

When endeavouring to group into different classes the somewhat voluminous evidence given by prisoners we were struck by the fact that the experience of the Queensland Commissioners, according to their report, had been almost identical with our own. With but slight verbal alteration we have adopted the exact summary given by the Queensland Commissioners.
 * 1) That the printed rules hung up in the yard were incorrect or were violated.
 * 2) That the visiting justice, when appealed to, sided with the superintendent.
 * 3) That the doctor was neglectful, refused change of diet, etc.
 * 4) That the punishments inflicted by the superintendent were vindictive and tyrannical.
 * 5) That verbal rules, erratic and uncertain, were issued by the superintendent.
 * 6) That petitions had been "hole-and-cornered," and not forwarded to the proper quarter.

As to the first point, so far as it related to the scale of remissions, there was undoubtedly foundation for this complaint, owing to a misinterpretation of the official scale, but we understand that the Hon. the Colonial Secretary has had this matter remedied.

As to the second and third charges very careful investigation showed that they were wholly without foundation.