Regulatory independence, public accountability and the Victorian prison system

Abstract

One of the most frequently used arguments supporting the introduction of privatization into a prison system is that it will strengthen accountability. However, to meet this claim it is maintained that a number of preconditions are necessary—one being independence of the regulator. This article examines the claims made by the Victorian Minister for Corrections that the Seamless System model would provide more independent monitoring and review of Victoria's prisons. Changes to regulatory arrangements are probed to determine if there has been any loss of independence in Victoria's prison system since the introduction of the latest model. It is concluded that the latest restructuring in 2003 of Victoria's part‐privatised prison poses a significant risk for public accountability and requires attention to ensure both the private and the public prisons are held to account.