by Padraic Murphy
April 30, 2010
A SERIAL welfare cheat who fraudulently claimed almost $140,000 in payments - including single-parent benefits - has launched legal action to force authorities to grant IVF treatment in prison.
Kimberley Castles, who has only seven months left before she turns 46 and becomes ineligible for IVF treatment, has taken her last-ditch effort to become pregnant to the Supreme Court. Castles, who is incarcerated at the minimum security Tarrengower Prison near Maldon with her two-year-old daughter, has been trying since December to have authorities allow her access to self-financed IVF treatment. But her request is yet to be granted and Castles alleges authorities have broken the Charter of Human Rights.
"It is unlawful for (prison authorities) to act in a way that is incompatible with a human right," lawyers for Castles argue. "The charter provides that Kimberley has the right not to have family unlawfully or arbitrarily interfered with ... It is unlawful discrimination to prevent Kimberley from accessing the treatment which she requires to conceive."
Further submissions say the charter gave Castles the right to choose the size of her family despite her imprisonment. It also gave her daughter the right to have a sibling and her partner the right to have another child.
Ms Castle's barrister, Ron Merkel QC, argues Castles' infertility is a medical condition and should be treated through IVF. "The power the department has is the ability to destroy her reproductive health and to bring it to an end for no reason. This power is being abused.The Department of Justice seems to have a adopted a one-child policy," Mr Merkel said.
The court heard authorities were concerned about the IVF treatment because other prisoners might become jealous, and visits to the clinic would be hard to co-ordinate. Tarrengower prison allows conjugal visits. There have been four births this year.
Ms Castles was convicted of welfare fraud in November and sentenced to three years' jail with a minium of 18 months. She was convicted of fraudulently claiming almost $140,000 in single-parent welfare benefits between 1984 and 1998, and then claiming further benefits under a false name between 2000 and 2006. In November, Castles becomes eligible to serve the remainder of her sentence as home detention. In the meantime, she has been allowed regular unsupervised trips outside of the prison.
Supreme Court Judge Robert Osborn is expected to give a decision on Monday.
Source: Herald Sun.
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