Recommendation 176

This recommendation is assigned to CSNSW.

Recommendation

That consideration should be given to the establishment in respect of each prison within a State or Territory of a Complaints Officer whose function is:

a. To attend at the prison at regular (perhaps weekly) intervals or on special request for the purpose of receiving from any prisoner any complaint concerning any matter internal to the institution, which complaint shall be lodged in person by the complainant;

b. To take such action as the officer thinks appropriate in the circumstances;

c. To require any person to make enquiries and report to the officer,

d. To attempt to settle the complaint;

e. To reach a finding (if possible) on the substance of the complaint and to recommend what action if any, should be taken arising out of the complaint; and

f. To report to the complainant, the senior officer of the prison and the appointing Minister (see below) the terms of the complaint, the action taken and the findings made.

This person should be appointed by, be responsible to and report to the Ombudsman, Attorney-General or Minister for Justice. Complaints receivable by this person should include, without in any way limiting the scope of complaints, a complaint from an earlier complainant that he or she has suffered some disadvantage as a consequence of such earlier complaint.

Context

The Royal Commission Report stated that the thorough investigation of genuine complaints is central to prisoner welfare. The report also highlighted Aboriginal Visitor schemes in different states. Recommendation 176 is directed at establishing an independent visitor scheme where visitors are appropriately empowered to investigate inmate and deal with inmate complaints.

Detail of implementation

Official visitor scheme

Official Visitors are independent community members who come from a range of backgrounds. In accordance with section 228 of the Crimes (Administration of Sentences) Act 1999, the Minister for Corrections may appoint Official Visitors. The scheme is oversighted by the Inspector of Custodial Services.

Official visitors visit correctional centres to:

• take enquiries and complaints from inmates and young people
• work with centre staff to resolve enquiries and complaints from inmates and young people if required
• escalate issues that cannot be resolved locally
• monitor the conditions and treatment of inmates and young people
• Official Visitors also submit reports which assist to identify broader issues within the custodial environment.

Inmates can talk to an Official Visitor confidentially when they visit a centre. An Official Visitor will normally attend a centre either fortnightly or monthly. Inmates can also write to the Official Visitor.

Corrective Services Support Line

CSNSW operates the Corrective Services Support Line (CSSL). The CSSL is a telephone support service for inmates in all Correctional Centres and Transitional Centres state-wide.

The telephone number for the CSSL is programmed into the Offender Telephone System and a call to the CSSL is free to inmates.

The CSSL is available to inmates Monday to Friday from 9.00am to 3.30pm. Closed on public holidays.

Complaints made by inmates are recorded in the Offender Integrated Management System (OIMS) and forwarded to the responsible business area to address.

NSW Ombudsman

People in custody – like people in the community – have the right to complain about unfair treatment or the services they receive. Offenders can make anonymous complaints to the NSW Ombudsman including complaints about not being treated properly or fairly, unreasonable decisions being made, delays in services, issues with daily routines, belongings being misplaced between transfers, and assault and excessive use of force. 

CSNSW inmates can contact the NSW Ombudsman through a call via the Offender Telephone System by dialling #2. This number is free for inmates.

The inmates can also send a letter to the Ombudsman in any language, to Level 24, 580 George Street, Sydney 2000. CSNSW will pay for the postage of the letter. All letters addressed to the ombudsman are confidential and not opened by centre staff. When a letter is provided in response to the inmate, this will also be confidential, and inmates will sign a cover sheet to confirm they received the letter unopened.

The NSW Ombudsman will review the complaint and will decide what action, if any, should be taken. Most complaints are handled within 30 days.

Inmate Development Committee (IDC)

An IDC is an inmate-nominated body established at each correctional centre to provide the opportunity for inmates to meet with senior management to discuss problems and concerns about inmate services, programs and activities within the correctional centre.

The IDC develops and promotes positive dialogue and understanding between staff and inmates and forms an integral part of correctional centre management in dealing with conflicts and difficulties that may otherwise adversely affect correctional centre life.

IDC meetings should occur on a monthly basis, and the dates and times of the meetings should be determined as far ahead as possible (preferably a calendar year).

Additional meetings or interactions may occur at any time as considered necessary.

The Governor, Functional Manager (FM) and other officers (if appropriate) are to attend the meetings, and should ensure they are available.

In the Governor’s absence, the next most senior officer in charge of the centre will chair the meeting. If a scheduled meeting is prevented from taking place on the appointed day due to exceptional circumstances, priority should be given to ensure that the meeting is re-scheduled as soon as practicable.

Aboriginal Inmate Committees and Aboriginal Inmate Delegate

CSNSW facilitates Aboriginal Inmate Committees (AICs). Custodial Operations Policy and Procedures (COPP) section 11.3 Aboriginal inmate committees outline the policy and procedures relating to the administration and processes for Aboriginal Inmate Committees including:

• Establishment of AICs
• Appointment of AIC members
• Roles of the AIC
• AIC meetings.

The AIC is a representative body of Aboriginal inmates and an integral part of correctional centre management. An Aboriginal Inmate Delegate (AID) will be appointed as the secretary of the AIC.

The AIC is a CSNSW initiative that affirms its commitment to support Aboriginal inmates to desist from reoffending and acknowledges their family contact and cultural needs.  The AIC does not address individual inmates’ personal issues. Aboriginal inmates in need of assistance can seek the help of the AID.

The Regional Aboriginal Programs Officer (RAPO), with the support and advice of the Governor of a correctional centre, is responsible for ensuring Aboriginal inmates can make representations about their cultural needs through the establishment of an AIC. The RAPO will also appoint an AID as secretary of the AIC. 

In correctional centres where there is only a small number of Aboriginal inmates, the Governor may seek written approval from the ACCC not to establish an AIC. If approved an AID must be appointed and be a member of the Inmate Development Committee (IDC).

The AID’s position is a seven day 42 hours per week position paid at Service Industries Domestic – level 3 with loading as per CSI Policy Section 8.2 – Inmate Wages System. AID’s wages are:

• Service Industries – Domestic $49.73 ($1.184 x 6 hours x 7 Days).
• ·Service Industries – CAMPS   $81.23 ($1.934 x 6 hours x 7 Days).

The RAPO will:

• ensure any Aboriginal inmate may be nominated for appointment as AID or as a member of the AIC
• ensure nominations for appointment as AID and to the AIC are made known to all Aboriginal inmates
• check records of AID and AIC nominees for suitability and consult with Governor
• appoint an AID and AIC proportional to the number of Aboriginal inmates at the centre
• coordinate and attend all meetings of the AIC
• schedule and ensure the AIC meetings are held every quarter, or when a meeting is requested by the AIC or the AID. Where possible meetings should be scheduled for the upcoming 12 months 
• assist the Governor to supervise the AIC
• coordinate the AIC and liaise with local management to facilitate cultural events 
• advocate on behalf of Aboriginal inmates and monitor outcomes of the AIC meetings
• maintain all documentation relating to the AIC in Electronic Document & Records Management System (EDRMS)
• ensure all inmates in attendance and any relevant information is recorded on the Offender Integrated Management System (OIMS) 
• publish and forward a copy of all minutes from each AIC meeting to the Governor and Aboriginal Strategy Directorate as soon as practicable
• provide the Official Visitor with access to the records of the AIC (AIC agenda, previous AIC meeting working papers and previous AIC meeting minutes). 

Role of the AIC and its members AIC members will: 

• maintain high standards of personal conduct 
• take an interest in issues affecting Aboriginal inmates in their area and centre 
• support Aboriginal inmates at the centre
• assist local management to communicate with Aboriginal inmates
• seek agenda items from Aboriginal inmates and, if necessary, hold informal meetings to compile a formal meeting agenda 
• publish an agenda to the Governor and RAPO before any AIC meeting 
• hold formal meetings, record minutes, and keep records of all AIC meetings.

Role of the AIDs will: 

• maintain appropriate records such as submissions, agendas, and minutes of meetings 
• cooperate with local management to support and address the needs of Aboriginal inmates received at the centre 
• direct individual inmate's concerns to the appropriate channels 
•  assist Aboriginal staff to support Aboriginal inmates 
• support and advise CSNSW staff preparing or delivering programs to Aboriginal inmates.
• where appropriate advocate on behalf of Aboriginal inmates 
• represent Aboriginal inmates and bring to the attention of correctional centre management at IDC meetings any issues affecting accommodation, employment, education, recreation, family contact and inmate development programs 
• provide feedback to inmates on matters raised at committee meetings 
•  provide pertinent and relevant information on specific matters as might be requested from time to time by the Governor.

Evidence

•  Section 228 of the Crimes (Administration of Sentences) Act 1999
•  COPP Section 9.8 - Inmate development committee (PDF, 953.8 KB)