More than a year after her sister's killer bid for release from Canberra jail, Amy Butterworth says victims have finally had a say in what needs to change.
It comes after The Canberra Times reported convicted double murderer Scott McDougall - serving two life sentences at the Alexander Maconochie Centre - had applied to the transitional release program (gact) in a horrifying shock to his victims' families.
The transitional release program allows prisoners with one to two years left on their non-parole period to apply for different types of leave for activities that prepare them for life in the community,
"This may include visiting a shopping centre, going to the bank, organising future accommodation or recreational physical activities," according to a government factsheet.
While prisoners are escorted by ACT Corrective Services staff or an approved sponsor during most types of leave, they can also apply for "unescorted leave" for education or vocational study.
The level of risk that may be acceptable for a shoplifter to go into TRP should not be acceptable for a murderer.
Following public outcry led by murder victim Julie Tattersall's sisters - supported by police and a community petition - McDougall's application was rejected and a review of the transitional release program was set to include victims' voices.
Ms Butterworth was among 14 victim survivors and support people who were heard in ACT Corrective Services' victim consultation workshop in August.
She said the workshop was a step in the right direction and highlighted a lack of security and safety - for victims and the community - as "very violent offenders" could choose their own sponsors and were not subject to electronic monitoring, or ankle bracelets.
"Considering how many offenders are currently re-offending and committing violent crimes against women in our country, it's a huge concern," Ms Butterworth told The Canberra Times.
In an ACT Corrective Services (ACTCS) summary document seen by this masthead, victims said prisoners whose offending involved significant violence, particularly those convicted of murder or serving life sentences, should not be able to apply for the program at all.
"The level of risk that may be acceptable for a shoplifter to go into TRP should not be acceptable for a murderer," the document stated.
While no life-sentenced prisoners have been released on licence since January 2021, two life-sentenced prisoners have been accepted into the transitional release program, a response to Independent MLA Thomas Emerson questions revealed last month.
An ACTCS spokesman confirmed there were no life-sentenced prisoners part of the program as of September 25.
The spokesman said there were six males (housed in the transitional release centre) and less than five females (housed in women's prison cottages) part of the TRP at the end of the month.
When asked about the overall nature of the offences TRP participants were convicted of (violence, theft, etc), the spokesperson said a breakdown could not be provided.
"There needs to be changes made, the number of victims is growing rapidly in the ACT and the government can no longer ignore us ... my own experience has highlighted this ignorance we victims have faced for over a decade," Ms Butterworth said, adding her push for restoring victims' rights was not simply personal.
Following pressure from Ms Butterworth and sister Belinda Siataga, the ACT government amended its TRP policy so life-sentenced offenders without a non-parole period could not apply unless they had a determined release date.
While there is no non-parole period attached to a life sentence under ACT law, offenders can apply for release on licence after serving 10 years. McDougall has served about 18 years in custody.
Workshop participants cited a lack of trust in the ACTCS or the TRP, warning that risk assessments were treated as a "tick and flick" exercise.
Participants pointed to excessive case manager workloads, potential manipulation by prisoners who "knew what to say," and insufficient monitoring of drug use within the Alexander Maconochie Centre.
Victims expressed a strong perception that ACTCS and the government consistently prioritised the rights, resources, and support of prisoners over the needs of victims.
Attendees said that rights fundamentally conflict and the TRP's current operations placed little weight on victim safety, the seriousness of a prisoner's crimes or the potential for reoffending.
Victims were not satisified existing prisoner assessments failed to measure the psychological and physical harm to victims and sought higher scrutiny of detainee behaviour, court conduct and remorse.
Participants questioned why electronic monitoring was not mandated in the ACT as it was in New South Wales and likened leave without such strict supervision to "being let out without supervision at all".
Victims criticised the approved use of prisoners' family members or romantic partners as "sponsors", noting many might not be able or willing to enforce compliance.
They believed ACTCS needed to look at futher supervision options, including working more with ACT Policing.
It was reported ACTCS and Victim Support ACT failed to properly communicate with victims and with each other.
Serious examples included unanswered questions, contradictory information, and overwhelming or insensitive communications through text messages or technical emails.
Participants called for trauma-informed phone contact and dedicated victim liaison officers.
In response to the feedback, ACTCS said it would publish a listening report before the end of the year to guide the redevelopment of the TRP policy and operational guidelines.
