The ACT Government could be breaching its own legislation and risking lawsuits by failing to introduce a prison needle and syringe program, leading public health and legal figures say.
And a prison officer who went public in The Canberra Times in June with his support for a safeinjecting program has been privately warned by prison officials to stop speaking publicly about the issue.
Law Enforcement Against Prohibition (LEAP) Australia president Paul Cubbitt - also a casual prison guard - received letters in September and again this month warning him not to speak to the media.
The first letter, sent by Acting Superintendent Barry Folpp and seen by The Canberra Times, said prison authorities believed Mr Cubbitt's two roles had become conflated.
''Your political views can be perceived to be in conflict with your ability to appropriately administer your duties as a custodial officer and public servant,'' the letter read.
''I am advising, therefore, that approval for you to engage in media and speaking activities in your role as president of LEAP while employed by ACTCS as a custodial officer has been formally withdrawn.''
Meanwhile, a number of leading public health figures say the Government could be breaching its own human rights laws by not introducing a clean needle program.
Human Rights Commissioner Helen Watchirs said a prisoner who contracted hepatitis C in the jail had contacted her office seeking advice on how to sue the Government.
While the man later cleared a hepatitis test, indicating his body had successfully fought off the virus, Ms Watchirs predicted that if anyone else contracted the disease in custody they could have good grounds to sue the Government.
The ACT Corrections Management Act states that ''the directorgeneral must ensure that detainees have a standard of health care equivalent to that available to other people in the ACT ... and as far as practicable, detainees are not exposed to risks of infection''.
Needle exchange programs are widely available in the broader community.
Yesterday four high-profile Australians - doctor and academic Professor David Penington, former High Court judge Michael Kirby, scientist Sir Gustav Nossal and public health expert Margaret Hamilton - signed a joint letter to Chief Minister Katy Gallagher calling on her to push ahead with a needle exchange program.
The four are patrons of harm-minimisation group Anex.
Professor Penington said he believed the lack of a needle and syringe program at the prison was ''in conflict with the Act'' and it was ''imperative'' action be taken.
''This is a public health issue and covered by that section of the Act.'' Justice Kirby said it would be improper for him to speculate on what a court may decide.
However, he said the courts had shown that custodial authorities had a legal obligation to prisoners.
This reporter is on Twitter: @_biancah
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