Recommendation 168

This recommendation is assigned to CSNSW.

Recommendation

That Corrective Services effect the placement and transfer of Aboriginal prisoners according to the principle that, where possible, an Aboriginal prisoner should be placed in an institution as close as possible to the place of residence of his or her family. Where an Aboriginal prisoner is subject to a transfer to an institution further away from his or her family the prisoner should be given the right to appeal that decision.

Context

The Royal Commission report acknowledged the value of the location of prisons close to offenders’ communities in facilitating access to families but acknowledged that facilitating meaningful access to a prisoners home support can be applied creatively and constructively. The Royal Commission cited examples of cases where Aboriginal inmates had been moved as a way of maintaining control over Aboriginal inmates. Recommendation 168 is aimed at ensuring proximity to family is a placement consideration

Details of implementation

All inmates can appeal their placement.

When classifying all inmates and placing them in Centres, consideration is given to family and cultural support needs. However, to address reoffending criminogenic programs and vocational programs are identified and integrated into the inmate’s case plan. Aboriginal inmates can be placed at Wellington. Mid North Coast Correctional Centre for the High Intensity Program Unit (HIPU) program, Muswellbrook for the Gundi Program vocational program and we also place Aboriginal inmates at other centres close to family where possible or appropriate based on classification, safety, and security.

One of the key design considerations for new correctional centres are designed to have capacity for all classification (sentenced and unsentenced) male and female inmates e.g. Clarence Correctional Centre. The purpose is to ensure that prisoners from these areas where these centres are located can, in theory, stay in these sentenced whilst unsentenced and for the whole of their sentence. The recommendation noted that this would not always be possible – in principle and where possible.

Inmate classification & placement has 3 Aboriginal staff dedicated to the engagement, classification and placement of Aboriginal offenders considering cultural and family support. Those positions are, a 11/12 Senior Manager (has the full delegation to make a classification and placement decision), a 9/10 manager and a 7/8 grade officer.

Aboriginal inmates like all inmates can apply for a change of placement, and/or the Legal Representative and the request will be considered taking into account, the case plan, behaviour in custody, criminogenic needs (programs) education and vocational needs and family location.

The Inmate Classification & Policy and Placement guide (ICP)references specific to Aboriginal, cultural and family/local supports can be located on the Corrective Services NSW website – Inmate Classification and Placement Policy and Procedures Manual.

Generally, throughout the chapters we reference clause 20 of the CAS Regulation 2014 which includes part (j) the proximity of the correctional centre to the inmate’s family members.

4.2 - Aboriginal and Torres Strait Islander identified locations

In support of the above policy document, CSNSW have the placement guide for programs part 1 which has a dedicated column to show the HIPUs with Aboriginal identified program places

5.2 - Classification considerations

Discusses broadly considerations for all inmates again including 'the proximity of the correctional centre to the inmate’s family members'

CSNSW funds limited travel assistance for people visiting a family member in prison where they are eligible for some reimbursement of the cost of fuel, fares and/ or accommodation. This is administered through the Community Restorative Centre (CRC). Families can apply for reimbursement of visiting expenses once every 12 weeks. To apply for this assistance, recipients must be:

• a member of the inmate’s immediate family, support network, a friend or have a kinship relationship.
• in receipt of a Centrelink benefit or in similar financial hardship.
• living more than 100km from the prison.
• at least 18 years of age.

Video visits currently allow more frequent contact with family when people in custody are located away from family. This is booked directly with each Correctional Centre.

Evidence

• Inmate Classification and Placement Policy and Procedures Manual webpage
• Clause 20 of the CAS Regulation 2014