Tactical Chains and Parliamentary Games: Australia’s Convenience Federalism

Federalism in Australia offers an almost infinite capacity for administrative deflection. Whenever an uncomfortable moral question arises in the penal system, Canberra points to state sovereignty, while state authorities promise an internal review. The mechanics of this political handball were on full display in Queensland, where an incarcerated Aboriginal woman underwent a caesarean section while chained to a hospital bed.

The incident, brought to light by advocacy group Sisters Inside, saw medical personnel reduced to tears as prison staff initially refused to remove the restraints from a mother giving birth to a premature infant. The woman’s condition deteriorated under the strain of being shackled on and off before the restraints were eventually removed. In response, Queensland Corrective Services deployed the standard bureaucratic script, confirming an internal review while noting that restraints are only ever to be used as a last resort on pregnant prisoners where necessary to maintain public safety.

One might reasonably ask what level of security risk a patient undergoing emergency abdominal surgery poses to hospital staff or the general public. The scene stands in stark contrast to Australia's international commitments under the United Nations Bangkok rules, which explicitly forbid restraining women during labor, birth, and immediate postpartum recovery. Yet, international treaties signed in Canberra routinely lose their binding force the moment they encounter state correction departments.

The timing of the Queensland case offered a grim commentary on political priorities. Days before the incident occurred, independent senator Lidia Thorpe introduced legislation to establish a national ban on shackling pregnant prisoners and to stop child strip-searches. The Albanese government and the Coalition joined forces to defeat the bill, taking refuge in the defense that criminal justice remains strictly a matter for state and territory jurisdictions. Senator Thorpe pointed out that the federal government possesses the constitutional power to set national standards, yet chooses to pass the responsibility back to jurisdictions that have repeatedly failed to prevent such practices.

Cracks in the political wall were brief. Liberal senator Paul Scarr broke ranks to express deep concern over the practice, indicating he would raise the matter directly with Queensland’s attorney general. Whether such rare displays of individual conscience prompt institutional reform is another matter. As long as federal politicians can hide behind jurisdictional boundaries, routine cruelties in the prison system will continue to be treated as mere administrative oversights.

Written by Martina Kirchner martina.kirchner@alpineweekly.com