Recommendation 19

This recommendation is assigned to CSNSW.

Recommendation

That immediate notification of death of an Aboriginal person be given to the family of the deceased and, if others were nominated by the deceased as persons to be contacted in the event of emergency, to such persons so nominated. Notification should be the responsibility of the custodial institution in which the death occurred; notification, wherever possible, should be made in person, preferably by an Aboriginal person known to those being so notified. At all times notification should be given in a sensitive manner respecting the culture and interests of the persons being notified and the entitlement of such persons to full and frank reporting of such circumstances of the death as are known.

Context

Recommendation 19 was primarily directed at the NSW Police Force, but relates to Corrective Services NSW (CSNSW) taking operational responsibility for some Police/Court cells following the RCIADIC report.  The recommendation is directed at ensuring that following a death in custody the family of an Aboriginal person should be immediately notified, as well as anyone nominated as an emergency contact. Notification should be by the correctional centre where the death occurred, and preferably in person, with cultural sensitivity and full and frank details of circumstances of the death.

Details of implementation

In NSW, the NSW Police Force (Police) has the responsibility to notify next of kin in the event of a DIC because it has statewide coverage that CSNSW does not.

Steps taken by CSNSW

As per Custodial Operations Policy & Procedures (COPP) 13.03 section 6, the Principal Manager, Aboriginal Advisory unit (AAU) or Regional Aboriginal Programs Officer (RAPO) will liaise with the Governor or Officer in Charge (OIC) of the correctional centre to obtain details about the death and Police notification of the NOK; and assist the Governor with any family or cultural issues.

When there is an Aboriginal death in custody, the Principal Manager, AAU will:

• liaise with the Governor or OIC to obtain details about the death of an Aboriginal inmate in CSNSW custody.
• confirm whether the NOK has been notified by Police.
• notify the Aboriginal Legal services (ALS) and Aboriginal Affairs NSW
• notify all relevant CSNSW staff members (refer to subsection [1.6] of the Policy)
• inform the NOK that financial assistance may be available and offer to assist with an application if required. The Chaplaincy Service or the Chaplain will provide this advice.
• assist the Governor or OIC with any family or cultural issues that may exist.
• organise a meeting at the earliest opportunity with family members to allow them to raise any questions or issues they may have.
• organise a meeting at the earliest opportunity with Aboriginal community members to allow them to raise any questions or issues they may have.

Justice Health NSW response

Under the Justice Health NSW Management of a Death Policy, it is mandatory under the Health Administration Act 1982 which informs NSW Health Incident Management Policy PD2020_047 for Harm Score 1 clinical incidents to have Preliminary Risk Assessment (PRA) completed within 72 hours. A PRA is undertaken by a Chief Executive appointed panel to assist the Health Service to understand the events and identify immediate risks for action. A clinician will be appointed by the PRA to speak to the family/NOK for the purposes of Clinician Disclosure in accordance with the NSW Health Open Disclosure Policy (PD2014_028). A review utilising one of the approved Serious Adverse Event Review (SAER) methodology is to be completed within 60 days of the incident being logged in ims+.

Evidence

• COPP 13.03  Deaths in Custody (PDF, 538.3 KB)
• Justice Health NSW Management of a Death Policy