Recommendation 141

This recommendation is assigned to CSNSW.

Recommendation

That no person should be detained in a police cell unless a police officer is in attendance at the watch-house and is able to perform duties of care and supervision of the detainee. Where a person is detained in a police cell and a police officer is not so available then the watch-house should be attended by a person capable of providing care and supervision of persons detained.

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, CSNSW has taken operational responsibility for some police/court cells.  The Royal Commission report identified that some police stations outside of metropolitan areas are not staffed 24 hours and were left unattended at night. Recommendation 141 is directed at ensuring all police lockups are staffed 24 hours if there are persons in custody. This recommendation is primarily directed at Police, however CSNSW has provided a response as far as is relevant.

Detail of implementation

Minimum of two officers on duty

If a Police / Court Cells is managed by CSNSW a minimum of two custodial officers are always on duty. 

Training

Prior to employment at a correctional facility, Correctional Officers must successfully complete a 10-week full-time Primary Training course that equips officers with the skills to provide care and supervision of persons detained. This course allows cadets to attain the Certificate III in Correctional Practice (a nationally recognised qualification from the Correctional Services Training Package). The Primary Training aligns to established industry benchmarks and includes a session specifically focussed on 'duty of care' wherein relevant legal and operational responsibilities of Correctional Officers is explored. 'Duty of care' responsibilities are also reinforced throughout other sessions within Primary Training and underpin a variety of learning activities. 

Trainee Correctional Officers’ knowledge of ‘duty of care’ requirements as related to their role and implementation of associated functions are assessed by accredited trainers/assessors during Primary Training to ensure industry standards are met. It is noted that one of the units of competency trainees must achieve to satisfy the requirements of Primary Training is CSCOFM026 Protect the safety and welfare of Aboriginal and Torres Strait Islander offenders. 

In addition to the above, Correctional Officers (up to and including the rank of Assistant Superintendent) must complete the Awareness of Managing at Risk Offenders and Awareness of Safe Custody online short courses accessed via our Learning Management System. These courses support the provision of a safe environment for inmates whilst in custody, with information provided to Correctional Officers to effectively manage those identified at risk and execute responsibilities associated with ‘duty of care’. 

Additional courses are also available to Correctional Officers and other staff to access which support the implementation of functions associated with maintaining the requisite ‘duty of care’ to inmates while in custody. This includes (but is not limited to) the:

• face to face Managing at Risk Inmates course which aligns to 2 units of competency (CSCINT004 Assess offender risk and needs and CSCOFM004 Protect the safety and welfare of vulnerable offenders);

• online Aboriginal Cultural Awareness short course accessible via our Learning Management System; and

• face to face Aboriginal Cultural Awareness course facilitated by the CSNSW Aboriginal Strategy & Policy Unit (NB: this course is also facilitated within Primary Training).