Event and Time
Event Description
This case concerns Mr. McKechnie, a prisoner at the Ravenhall Correctional Centre in Victoria, who sought access to call services related to 1800 telephone numbers but was denied based on a policy established by the Commissioner for Corrections and administered by GEO, the operator of the facility.
Application and Claims
Mr. McKechnie made several requests between October and December 2022 to include 1800 numbers on his Prisoner Telephone System (PTS) account. He claimed these requests were unlawfully denied, violating his rights under the Charter of Human Rights and Responsibilities Act 2006 (Charter).
Judicial Decisions
The court found that:
- Mr. McKechnie had not provided sufficient evidence to demonstrate that he had made formal requests via the prescribed electronic system (Gateway) for any 1800 numbers.
- The arguments raised did not convincingly engage or limit any of his claimed human rights.
- The decision of the defendants did not breach the Charter or any other applicable legal standards.
Dispute Points and Legal Basis
Dispute Points
- Plaintiff (Mr. McKechnie):
- Claimed he made multiple requests to add 1800 numbers to his PTS, which were refused. - Argued that this refusal was a violation of his rights under the Charter, specifically related to freedom of expression and access to the public service.
- Defendants (Commissioner for Corrections and GEO):
- Denied any formal requests had been made via the appropriate system. - Argued that their policy on 1800 numbers was lawful and necessary for security and operational reasons and that Mr. McKechnie had not provided adequate evidence to support his claims or establish a breach of rights.