Recommendation 139

This recommendation is assigned to CSNSW.

Recommendation

The Commission notes recent moves by Police Services to install TV monitoring devices in police cells. The Commission recommends that:

a. The emphasis in any consideration of proper systems for surveillance of those in custody should be on human interaction rather than on high technology. The psychological impact of the use of such equipment on a detainee must be boree in mind, as should its impact on that person's privacy. It is preferable that police cells be designed to maximise direct visual surveillance. Where such equipment has been installed it should be used only as a monitoring aid and not as a substitute for human interaction between the detainee and his/her custodians; and

b. Police instructions specifically direct that, even where electronic monitoring cameras are installed in police cells, personal cell checks be maintained.

Context

At the commencement of Chapter 24.1 the Royal Commission report stated that issues dealing with Police and prison custody deaths would be dealt with separately in different chapters as the issues were quite distinct. Since the time of the RCIADIC report, Corrective Services has taken operational responsibility for some police/court cells. The Royal Commission emphasised that any consideration of proper systems for surveillance must be on human interaction than high technology. Recommendation 139 is directed at ensuring physical checks still occur even if electronic monitoring is implemented and that privacy of the person in custody is considered in any implementation of such systems. 
 

Detail of implementation

All Police / Court Cells locations have in cell CCTV Monitoring. 

CSNSW only have a presence at the following Police Cells locations:

• Wollongong

• Newcastle

• Batemans Bay

• Albury

• Port Macquarie  

• Dubbo

• Lismore

• Queanbeyan

• Wagga Wagga

• Moree

• Surry Hills

Principle of least restrictive care

CSNSW has moved towards the principle of least restrictive care as per the Mental Health Act 2007 (NSW). This principle ensures that people should receive the care and treatment they require in the least restrictive environment consistent with their safe and effective care. This principle applies to the surveillance and monitoring of inmates.

Local Operating Procedure (LOP): CCTV surveillance system.

Security & Intelligence LOP 2018/008 Closed circuit television.

5.3 The Senior Correctional Officer (SCO)/Officer in Charge (OIC) must ensure that the CCTV checks are conducted and that the checks are consistent with this procedure. Ensure the results of the checks are recorded in the Security Compliance Journal. 

5.4 The Senior Assistant Superintendent/Assistant Superintendent will ensure the Senior Correctional Officer/Officer in Charge (OIC) has conducted CCTV checks and has complied with this procedure.

OICs also ensure that staff undertake irregular / intermittent patrols of corridor, landings and cell areas. These checks must be validated by using the Morseman tool. The Morseman tool is a wand that officers carry that makes physical contact with contact buttons located at specific points around the cell complex and is linked back to software which validates checks on a designated PC. The Morseman tool is used to conduct external checks at both the beginning and the end of each shift. Internal checks are conducted intermittent checks throughout the shift, i.e.. When a new inmate is brought in, when officers are patrolling, etc.

• Staff must ensure that during the checks of commons areas and cells areas that the Morseman tool makes physical contact with contact buttons located at specific points around the cell complex.

• Respond to push button alarms, radio calls, staff/inmate assaults, non-compliant inmates.

• Enter an area and randomly search inmates/cells.

The remainder of police / court cell locations Statements of duties for these posts have also been updated recently:

• CESU LOP 2019/004: Generic duties and responsibilities of the Monitor Room Office

• CESU LOP 2019/008: Inmate Accommodation

• CESU LOP 2019/010: Monitoring Inmate Welfare and Response to Cell Alarms

The role of the Monitor room officer is specifically dedicated to monitoring all movements in and around cell areas, Corridors, and landings. This also includes the recorded monitoring of At-Risk Offenders using the Touch Screen Technology, Physical or Verbal observations of those offenders under enforced recorded monitoring regimes. 

At Risk Inmates 

COPP 3.7 Management of inmates at risk of self-harm or suicide:

The identification and assessment of risk factors for suicide or self-harm begins when an inmate is received into the custody of CSNSW (refer to COPP section 1.1 Reception procedures). Any staff member who determines that an inmate may be at risk of suicide or self-harm must immediately notify the Officer in Charge (OIC). This notification is mandatory. Once the OIC is notified, they must assess the risk and develop an Immediate Support Plan (ISP) appropriate to the level of risk, consistent with the principle of least restrictive care. The OIC must also record the mandatory notification and details of the ISP in the Offender Integrated Management System (OIMS), including reporting the incident via the Incident Reporting Module (IRM) and recording an alert and case note. An ISP may be reviewed and updated at any time in response to changing circumstances, such as a transfer from one location to another. In a police/court cell complex, the OIC must prioritise the transfer of the at-risk inmate to a correctional centre. 

In suicide and self-harm risk management, all decisions must be made with due consideration to CSNSW’s duty of care to the inmate and must be able to withstand public scrutiny.

Evidence

• Mental Health Act 2007 (NSW)

• COPP 3.7 Management of inmates at risk of self-harm or suicide (PDF, 2.3 MB)

• COPP 1.1 Reception Procedures  (PDF, 3.0 MB)