A member of an outlaw motorcycle gang and self-proclaimed Nazi alleged that he was discriminated against in prison for his political views, but his claim has been struck out by the ACT Civil and Administrative Tribunal.
The man, who is connected to the Nomads bikie gang, pleaded guilty to threatening his ex-girlfriend and her new partner in May 2019.
He was sentenced to more than four years in prison.
While in prison, he said guards had withheld his vegetarian meals and medical attention, his purchase requests for items in prison were ignored, and he was told there would be consequences if he made further complaints about his property going missing.
He also alleged that guards exclusively punished him after a brawl, for which he was subsequently charged with assault, saying that others involved in the fight did not receive the same punishment.
A rival bikie member was also involved in the fight. He said that the officers knew of the non-association between himself and rival gang members but failed to ensure they did not come into contact.
When he questioned why he was the only person to be disciplined over the incident, he said he was told that the “[prison’s general manager] does not want Nazis in her jail and has the right to extend segregation orders for the security and safety of the centre”.
He also accused ACT Corrective Services of wanting “to have a laugh” by scheduling visits by rival gang members at the same time, and that guards rejected his request for different visiting times.
“I feel the jail is provoking an already tense situation,” he said.
“I have explained that my visitors will behave but will defend themselves if required.
“In the last 12 months, there have been at least three all-in brawls involving bikies. I do not want to see someone hurt or killed because ACT Corrective Services want to have a laugh.”
There was an encounter between the man and a rival bikie in the visiting area, which he labelled as a “foreseeable result of the denial of the visitor arrangements request”.
He also said that he was subjected to use of force, strip-searched, and his shoulder was dislocated during a mental health incident after being told he would need to be relocated to one of two areas that housed rival gang members.
The man alleged that he was unlawfully discriminated against under the Discrimination Act in 64 decisions and actions made against him in prison.
Presidential Member Heidi Robinson struck out the case for being outside the purview of the Discrimination Act.
Ms Robinson found that “the applicant has not identified a condition or requirement imposed by the [Alexander Maconochie Centre] that he says has the effect of disadvantaging him because of his political or religious views”.
The applicant will have to be more specific in his allegations by 13 April 2021 if the case is to proceed, Ms Robinson said.