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Friday, 21 October 2016 Senate Page 37<br />

Mr Matthews: No. It did note that the NT has accepted the recommendations and put in place the oversight<br />

body.<br />

Senator McALLISTER: I will come to the Children's Commissioner report. You were briefed about that. I<br />

think you have acknowledged that. That appears in this question time brief.<br />

Senator Scullion: Yes.<br />

Senator McALLISTER: Have you read the report?<br />

Senator Scullion: Indeed.<br />

Senator McALLISTER: When did you read it?<br />

Senator Scullion: I would have read it in the week following the Four Corners report.<br />

Senator McALLISTER: It is pretty graphic isn't it? I have read it.<br />

Senator Scullion: It is nowhere near as graphic as the Four Corners report. It only had two still photos,<br />

neither of which included human beings. It is a complete contrast to the Four Corners report.<br />

Senator McALLISTER: It talks about the use of tear gas doesn't it? It quotes the commissioner as saying,<br />

'Use as much chemical as you want,' or words to that effect doesn't it?<br />

Senator Scullion: No. The report did not say that at all. The Four Corners footage showed that, yes. That<br />

makes my point that there seemed to be this culture of, 'She'll be right, mate. Ha-ha. Bit more chemicals; don't<br />

worry about the budget.' That certainly wasn't met in the Vita report. Have you read the report, Senator?<br />

Senator McALLISTER: I have read both of the reports. I am speaking now about the Children's<br />

Commissioner report.<br />

Senator Scullion: It was not in either report but it was in the footage.<br />

Senator McALLISTER: Page 19 of the Children's Commissioner's report, which I will remind you was<br />

released in August 2015, said:<br />

The dog handler—<br />

because, of course, they were preparing to use dogs on these children—<br />

can be heard to ask:<br />

'You going to gas the lot of them?'<br />

It goes on to say:<br />

The Commissioner is then heard to say to someone:<br />

'…Mate, I don't mind how much chemical you use, we gotta get him out …'<br />

It then goes on to say:<br />

CCTV footage … shows 'A' and 'B' running to the back of their cell and hiding behind a mattress and sheet.<br />

I think these were the prisoners who were playing cards at the time of the incident. The report goes on:<br />

'A' later informed his case worker that ''he thought they were going to die'' and that he and 'B' ''said their good-byes''.<br />

CCTV footage in BMU cell 1 shows 'C' covering his face with his shirt and running to the back of his cell and spitting, and<br />

possibly vomiting into the toilet.<br />

The report goes on to describe what happened to the officers working in the facility who entered the cells<br />

without protective equipment and were themselves affected by the CS gas. This is on page 20 of the report that<br />

was released in August. Then it talks about the Handycam footage captured on the basketball court that shows the<br />

young people coughing and spitting on the ground.<br />

That information was in the public domain, and I suppose it may be in writing rather than in pictures, but I<br />

would say that it is still pretty graphic. Would you accept that?<br />

Senator Scullion: Well, what are you saying? Is a giraffe a giraffe? Are you asking a question? You have just<br />

told me a bunch of things, but if you ask me a question I will be able to be of assistance.<br />

Senator McALLISTER: In your earlier remarks, you said that the cavalier approach to the use of force was<br />

not evident in the reports published prior to the Four Corners program. The report I have read you extracts from<br />

was published almost a year before the Four Corners program. Why then did you say to the committee that those<br />

comments about the gas were not included in the report published in August 2015, when they plainly are included<br />

on page 21 and page 22?<br />

Senator Scullion: I would appreciate it if you did not verbal me. I read it from a process, but what I said was<br />

that it was not evident from any of the reports that there was a culture of brutality or cover-up and that it was not<br />

FINANCE AND PUBLIC ADMINISTRATION LEGISLATION COMMITTEE

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