|
Navigation: Previous Page | Contents | Next Page
FRLI ID:
F2012L02561
Portfolio: Broadband,
Communications and the Digital Economy
Summary of committee view
2.1
The committee seeks further information in relation to:
- any testing or other research that may have been conducted to
determine the level of risk that mobile telephone technology outside the
Lithgow Correctional Centre may be affected by the field trial; and
- the current use of mobile phone technology by staff at the
Lithgow Correctional Centre.
Overview
2.2
The purpose of this instrument is to facilitate the trial of public
mobile telecommunications service (PMTS) jamming devices by Corrective Services
NSW at the Lithgow Correctional Centre in New South Wales. PMTS jamming devices
are designed to interfere with, or disrupt or disturb radiocommunications
frequencies that are used to support the PMTS. The explanatory statement states
that PMTS jamming devices have 'considerable radiocommunications interference
potential'.
2.3
Members of the corrective services community have requested that the
ACMA consider permitting the use of PMTS jamming devices in prisons. The
explanatory statement states that:
The use of mobile phones by prison inmates is considered to
be a serious problem by Corrective Services NSW. While it is an offence in NSW
for an inmate to use or possess a mobile phone without reasonable excuse,
detection of possession and use of mobile phones can be difficult. The use of
mobile phones allows prisoners to continue to be involved in criminal activity
outside the confines of the prison. This is a threat to the proper
administration of correctional facilities and is contrary to the objectives of
imprisonment.
2.4
It is noted in the explanatory statement that licenced
telecommunications carriers (Telstra, Optus and Vodafone Hutchinson Australia) have
an interest in minimising potential interference to radiocommunications outside
the Lithgow Correctional Centre. As a result, the carriers and Corrective
Services NSW have developed a 'Carrier Liaison Agreement'. This agreement
contains operational arrangements and protocols agreed between Corrective
Services NSW and the carriers about use of the PMTS jamming devices by
Corrective Services NSW including:
- consultation about technical specifications of the PMTS jamming
devices;
- monitoring of the interference of the PMTS jamming devices on
mobile networks;
- management of consumer complaints;
- management by Corrective Services NSW of any emergencies where a
PMTS jamming device is operational at the Lithgow Correctional Centre; and
- distribution by Corrective Services NSW of information to the
public about the Lithgow Field Trial.
2.5
Subsection 6(3) of the instrument provides that ACMA may notify
Corrective Services NSW that field trial participants are excluded from relying
on the Determination. Examples of the kinds of situations in which the ACMA may
issue such a notification include:
- a failure to implement or observe arrangements between Corrective
Services NSW and industry about the conduct of the trial;
- threats to public safety resulting from the operation of the PMTS
jamming devices;
- monitoring and reporting arrangements regarding the impact of the
field trial on the operation of mobile telecommunications networks are
deficient;
- harmful emissions occur outside the field trial zone; or
- public complaints are received about the operation of the field
trial that require further investigation before the trial can continue.
2.6
The field trial at Lithgow Correctional Centre is to be conducted over a
12 month period and will commence on 1 July 2013 and cease on 30 June 2014.
Compatibility with human rights
2.7
The statement of compatibility states that the instrument does not
engage any of the applicable rights or freedoms.
2.8
However, given that mobile telephone technology is such an important
medium of communication, any possible interference with a person's ability to
utilise mobile telephone technology has the potential to impact on the right to
freedom of expression contained in article 19 of the International Covenant on
Civil and Political Rights (ICCPR).
2.9
The explanatory memorandum explains that it is already an offence for
prison inmates to use or possess a mobile phone without reasonable excuse, but
that detection of possession and use of a mobile phone can be difficult. While
it may be that limiting prisoners' ability to use mobile telephone technology
could be seen to be a reasonable, necessary and proportionate limitation on the
right to freedom of expression, it is not clear from the statement of
compatibility what impact the field trial may have on the use of mobile phones by
staff at the Lithgow Correctional Centre or the general public who may live
nearby. In this context, the committee notes that provision has been made for
the 'management of consumer complaints'.
2.10
The committee seeks information from the Minister for Broadband,
Communications and the Digital Economy in relation to:
- whether any testing or other research has been conducted to
determine the level of risk that mobile telephone technology outside the
Lithgow Correctional Centre may be affected by the field trial (and the results
of any testing); and
- whether mobile phone technology is currently used by staff at
the Lithgow Correctional Centre (in a professional or personal capacity).
Navigation: Previous Page | Contents | Next Page
Top
|