Recommendation 123

This recommendation is assigned to CSNSW.

Recommendation

That Police and Corrective Services establish clear policies in relation to breaches of departmental instructions. Instructions relating to the care of persons in custody should be in mandatory terms and be both enforceable and enforced. Procedures should be put in place to ensure that such instructions are brought to the attention of and are understood by all officers and that those officers are made aware that the instructions will be enforced. Such instructions should be available to the public.

Context

The Royal Commission identified a lack of understanding or consensus about the status of instructions and an absence of disciplinary proceedings against individual officers for breach of instructions. Recommendation 123 is directed at ensuring instructions are developed, communicated to staff and enforced. 
 

Detail of implementation 

The Commissioner issues ‘Commissioner’s Instructions’ which are issued in accordance with the provisions of section 235B of the Crimes (Administration of Sentences) Act 1999. Commissioner’s instructions amount to lawful orders and any staff member who intentionally disobeys or disregards the instruction or is found to be negligent in the performance of their duties, may be liable to disciplinary action under the Government Sector Employment Act 2013. 

Commissioner’s instructions are broadcast to all staff and are available on the CSNSW intranet, and is now also publicly available on the CSNSW webpage. 

The Code of Ethical Conduct defines standards of conduct, ethics and behaviour required of all individuals engaged by the Department of Communities and Justice, and a process for managing non-compliance. The code is to be read and complied with, in conjunction with the Code of Ethics and Conduct for NSW Government Sector Employees and the supplementary Code of Ethical Conduct, the Government Sector Employment Act 2013 and any other legislative provisions underpinning work undertaken by any individual engaged by the department. Employees must ensure they are aware of all legislation and policy that is relevant to their role, regardless of whether it is referred to in this Code. Employees cannot excuse their misconduct or negligence by claiming ignorance, where they have failed to acquaint themselves with all the relevant legislative and policy obligations for their roles.

CSNSW staff are responsible for ensuring they are aware of the Department’s policies, procedures, guidelines and delegations, particularly those which may be applicable to their work. Staff must also be familiar with the legislation and/or regulations under which they are employed, as these may specify requirements with which they need to comply. A breach of these requirements may constitute a breach of the code. 

CSNSW staff are required to comply with all: 

• relevant legislation, policies, and procedures 

• reasonable and lawful instructions and/or local directions from management 

• directions, administrative circulars, instructions, and memorandums.

Training provided by CSNSW reinforces legislative requirements under the Crimes (Administration of Sentences) Act 1999 and the Crimes (Administration of Sentences) Regulation 2014, as well as obligations within the Custodial Operations Policy and Procedures (COPP).

Trainee Correctional Officers are informed during their Primary Training that “disciplinary action may be taken against officers of CSNSW who are in breach of their duty of care towards inmates and fellow employees”.

The following mandatory online short courses for Correctional Officers (up to and including the rank of Assistant Superintendent) include specific referencing to the COPP in relation to care of persons in custody:

• Awareness Of Managing At Risk Offenders; and

• Awareness Of Safe Custody. 

It is also a mandatory requirement for all Correctional Officers (up to and including the rank of Senior Assistant Superintendent) to complete the online Custodial Operations Policy and Procedures short course, which supports them understanding how to access and review this document. 

The Operations Procedures Manual (OPM) was replaced by the COPP in December 2017. The COPP is on a website available to all CSNSW staff that provides instructions relating to the care of persons in custody in mandatory terms (where applicable). Substantive changes in policy are brought to the attention of staff electronically and by management at correctional centres for staff affected. The COPP is publicly available on the CSNSW website with redactions applied when appropriate in the interests of security and community safety.

A failure to comply with mandatory training, adhering to CIs, or any form of misconduct outlined in the Code of Ethical Conduct may result in sanctions, including termination of employment.

Evidence

• 235B of the Crimes (Administration of Sentences) Act 1999
• Government Sector Employment Act 2013
• Government Sector Employment Act 2002
• The Code of Ethical Conduct
• Code of Ethics and Conduct for NSW Government Sector Employees
• Code of Ethical Conduct, the Government Sector Employment Act 2013
• Commissioner’s instructions