A former inmate is initiating legal action against the ACT government, claiming a violation of her human rights due to an unlawful strip search conducted at the Canberra jail in 2021.

The incident took place after Julianne Williams expressed distress over being denied permission to attend her grandmother’s funeral. Subsequently, she was transferred to a Crisis Support Unit, where she underwent a strip search in the restroom.

Ms. Williams’s legal battle is set to resume in court later this month.

The Aboriginal woman is pursuing compensation from the ACT government following a judicial finding that her rights were infringed during her detention at the Alexander Maconochie Centre (AMC) in 2021.

The situation unfolded when Ms. Williams was placed in the Crisis Support Unit due to her emotional state after the prison officials denied her request to participate in her grandmother’s funeral. In a civil lawsuit against the ACT government from the previous year, the ACT Supreme Court determined that she had been subjected to an attempted strip search in her room and a subsequent strip search in the restroom, both of which violated the Human Rights Act.

Justice Verity McWilliam noted that the actions taken by the officers were inconsistent with Ms. Williams’s rights to humane treatment. Initially, Ms. Williams did not pursue compensation, but a new legal claim indicates her intention to seek damages aimed at addressing the harm she suffered and preventing similar incidents in the future.

Her attorney, Sam Tierney, mentioned that Ms. Williams had initially requested an ex-gratia payment from the ACT Treasurer as a gesture of goodwill. However, communications between Mr. Tierney and the treasurer’s office, which have been reviewed by ABC, indicate that this request has stalled.

“The government has shown a desire to continue litigation regarding the incident,” he stated. “The circumstances, along with a now widely circulated video of the event, highlight a deeply traumatic experience that lacked any lawful justification.”

The ACT government responded by stating that applications for acts of grace are evaluated based on their merits and in accordance with legal standards, without commenting on specific cases.

“This is not merely a minor violation of Julianne’s rights; it represents a significant and severe infringement upon her rights within a prison environment where she had no means to assert those rights,” Mr. Tierney added.

The ACT Supreme Court has released a troubling video that documents the events leading to the attempted strip search of Ms. Williams at the Canberra jail in 2021. Her situation has brought attention to an ongoing campaign aimed at abolishing strip searches in prisons nationwide.

Nina, who requested anonymity, is the family violence justice project manager at Flat Out, an organization focused on aiding women transitioning out of incarceration, and is part of the Formerly Incarcerated Girls Justice Advocates Melbourne collective. She commented on the invasive nature of strip searches and their psychological impact, particularly for individuals with histories of sexual assault.

“The process requires complete disrobing, squatting, and other invasive actions,” Nina explained.

Data from the Human Rights Law Centre revealed that approximately 15,000 strip searches were conducted monthly across six Australian states during 2021-2022. Although that figure has decreased with the implementation of alternative methods like body scanners, Nina noted that the application of these practices has been inconsistent.

“There is a lack of standardized regulations across states and territories, leading to variations in policies and documentation regarding strip searches,” she said.

No state or territory has committed to a complete ban on prison strip searches. Nina indicated that she is aware of other similar incidents occurring in various prisons across the country, emphasizing that not all cases are reported.

“If this type of forced disrobing occurred outside of prison, it would be considered a crime,” she remarked.

A representative from ACT Corrective Services stated that mandatory strip searches were eliminated from AMC procedures in 2022, with body scanners introduced in 2023. However, they noted that strip searches may still be conducted in specific circumstances deemed absolutely necessary.

“We have also enhanced staff training and oversight to ensure consistent, rights-based decision-making in this complex custodial environment,” the spokesperson added. “An additional body scanner will soon be installed at the Court Transport Unit, which will further minimize the need for strip searches.”

Ms. Williams’s legal proceedings are scheduled to continue in court this month.