South Australia's Department for Correctional Services (DCS) has been taken to court for banning a newspaper distributed to Australian prisoners with election information.
Prisoner advocate organisation Justice Action created a newspaper designed to provide information on political parties for prisoners across the country ahead of the federal election.
The four-page newspaper, called Just Us, outlines statements from every party that details their commitments to prisoners if they were to be elected on 21 May.
Justice Action printed more than 40,000 copies - one for every prisoner in Australia - but South Australia has refused to distribute the paper to its prisoners.
Now, Justice Action has filed legal action against the DCS for barring prisoners from their constitutional right to receive information as well as the right to cast an informed vote.
For prisoners in Australia who are serving a jail sentence of less than three years, it is compulsory to vote.
Those who are serving a jail sentence of more than three years must be enrolled but are not allowed to vote.
According to the Australian Bureau of Statistics, as of March 2022, there are 40,862 people in prisons around Australia.
Coordinator for Justice Action Brett Collins said that the Just Us newspaper is the only medium for Australians in jails to receive tailored information about issues related to prisoners, legal access and justice.
"There is no other way in which prisoners would receive information that is specifically directed to them," Mr Collins said.
"It's the intense attempt to ensure that people who are normally isolated in institutions are engaged in this political process as they are legally entitled."
Chief executive of SA's Department for Correctional Services David Brown sent a letter to Justice Action, seen by SBS News, saying that some contents in the newspaper could "incite unrest" or "inspire conflict" in the state's prisons.
"The document contains provocative and inflammatory material that may inflame or incite unrest amongst prisoners or otherwise inspire conflict," the letter read.
He referred to the Australian Greens' political statement, which is blunt in its evaluation of the current legal system.
"The [legal] system is too expensive, too hard to navigate, and often, it’s simply racist," the statement read on page one of the paper.
Another issue raised by Mr Brown was an article in the newspaper, detailing that a new proposed bill in Victoria could tackle "the issue of forced medication", as recommended in the 2021 Royal Commission into Victoria’s Mental Health System final report.
Other particular issues referenced were around the quotes, "jailing is failing" and "jailbreak prison radio".
The Jailbreak radio program is a long-established radio channel, funded by the NSW health department for inmates around the country.
"The name of the radio station as being regarded as provocative and inflammatory is outrageous, ridiculous and it's almost like he's setting himself up to be laughed at," Mr Collins said.
According to Mr Collins, all jail departments across the country were provided with a draft copy of the newspaper two weeks prior to print, in order to flag any concerns with the content.
He said commissioners from other states and territories returned with feedback for edits prior to the print deadline, which was welcomed. He said South Australia's correctional services department did not respond to his initial correspondence.
In the letter written by Mr Brown, he said that the DCS provides all prisoners with a voting pack from the Australian Electoral Commission.
"The Department facilitates prisoner voting in a fair, neutral and unbiased manner and prisoners have access to print, television and radio media," Mr Brown wrote.
"The Department is committed to ensuring that all eligible prisoners are able to vote in the upcoming federal election and will ensure that access to mandatory voting material for the upcoming election is provided to prisoners, as required by statute."
Mr Collins said he is confident that the newspaper ban in South Australia will be overturned by the court.
"We're well and truly into the battle to ensure that prisoners are equally included in the community on such a basic issue such as voting."
The hearing is set for Friday at the Supreme Court of South Australia, and submissions will be filed on the Monday before that on 9 May.
A spokesperson for South Australia's Department for Correctional Services said: "The Department facilitates prisoner voting in a fair, neutral and unbiased manner and is committed to ensuring that all eligible prisoners are able to vote in the upcoming federal election.
"The Chief Executive has provided a letter to the law firm representing Justice Action, detailing the reasons why the department has determined not to disseminate Justice Action's communication.
"Prisoners have access to mainstream print, television and radio media. The Department distributes the Australian Electoral Commission's postal voting pack to all prisoners eligible to vote."
The department added it would be inappropriate to comment further due to the legal proceedings.
