Summary of recommendations applicable to CSNSW and Justice Health NSW

The Reference Group determined that 78 recommendations applied to CSNSW, 20 recommendations to Justice Health NSW and 11 applied to both CSNSW and Justice Health. For ease of interpretation the applicable recommendations in the table below have been clustered into 12 themes. 

Summary of findings

Of the 109 recommendations that were deemed to be the responsibility of CSNSW and Justice Health NSW, the Expert Reference Group determined that 93 (85%) had been fully implemented, 11 (10%) had been partially implemented, and alternative but satisfactory approaches had been adopted in response to 4 recommendations (3.7%) and one recommendation had not been implemented.  This is summarised in the table below. 

Recommendation not implemented

The single recommendation that was found to have been not implemented is Recommendation 330: 'That the National Standards Body establish and maintain direct consultation with relevant Aboriginal organisations including Aboriginal Legal and Health Services.'

The reference to the National Standards Body is taken to be a reference to the Corrective Services Administrators Council (CSAC). While the CSAC engages with senior Aboriginal corrections staff and individual jurisdictions engage with Aboriginal community members and organisations, the CSAC does not have a mechanism for direct consultation with Aboriginal organisations.

Recommendations partially implemented

CSNSW 

The recommendations directed toward CSNSW that the Expert Reference Group found to have been partially implemented in summary included:

Recommendation 19 - the preferred process for notifying the family of the deceased.

Recommendation 95 – involving Aboriginal community organisations in the design of programs to reduce motor vehicle offences.

Recommendation 145 -Cell visitor schemes be introduced in consultation with Aboriginal communities and their organisations.

Recommendation 148 – Where it is determined that new cell accommodation must be provided in areas of high Aboriginal population, the views of the local Aboriginal community and organisations should be taken into account in the design of such accommodation.

Recommendation 160 – Annual refresher courses in first aid to be provided to all who routinely have the care of persons in custody

Recommendation 329 - Consideration to be given to the drafting and introduction of legislation embodying the Standard Guidelines and in drafting such legislation give consideration to prisoners' rights contained in Division 4 of the Victorian Corrections Act 1986.

CSNSW and Justice Health

The recommendation that was regarded as a joint responsibility for CSNSW and Justice Health that the Expert Group been partially implemented in summary was:

Recommendation 192 – In the implementation of any policy or program which will particularly affect Aboriginal people, the delivery of the program should, as a matter of preference, be made by such Aboriginal organisations as are appropriate to deliver services.

The two recommendations that were a responsibility for CSNSW for which the Expert Group which a copy of the findings and recommendations has been delivered by the Coroner shall provide, in writing, to the responsible Minister its response to the findings and recommendations including  a report as to whether any action has been taken or is proposed to be taken with respect to any person.

Recommendation 47 - That relevant Ministers report annually to their State and Territory Parliaments as to the numbers of persons held in police, prison and juvenile centre custody with statistical details as to the legal status of the persons so held (for example, on arrest; on remand for trial; on remand for sentence; sentenced; for fine default or on other warrant; for breach of non-custodial court orders; protective custody or as the case may be), including whether the persons detained were or were not Aboriginal or Torres Strait Islander people

While there was no single reason underpinning the assessment that these recommendations had been partially implemented, an issue common to a number of incomplete recommendations was the limited involvement of Aboriginal community members in policy and program design and delivery.

CSNSW is acting to change this through the adoption of a new Safety and Rehabilitation Framework. Aboriginal ways of Knowing, Being, and Doing have significantly contributed to the principles embedded in this Framework.

CSNSW recognises the strength and resilience of Aboriginal and Torres Strait Islander peoples, families, and communities, many of whom continue to experience the lasting impacts of colonisation, systemic disadvantage, and intergenerational trauma. CSNSW is committed to embedding culturally safe, trauma-informed, and strengths-based rehabilitation approaches that address these disparities and create pathways for healing, empowerment, and reintegration.

This will be advanced through a commitment to strengthening partnerships with Aboriginal Community-Controlled Organisations (ACCOs), community providers, and employers and by designing culturally safe, place-based services that better reflect people’s identities, goals, and circumstances.