Recommendation 171

This recommendation is assigned to CSNSW.

Recommendation

That Corrective Services give recognition to the special kinship and family obligations of Aboriginal prisoners which extend beyond the immediate family and give favourable consideration to requests for permission to attend funeral services and burials and other occasions of very special family significance.

Context

The Royal Commission report highlighted the special significance to Aboriginal prisoners of being released to attend family funeral services noting that the kinship obligations felt by Aboriginal people were not always appropriately recognised. Recommendation 171 is directed at ensuring Corrections agencies take kinship obligations into consideration when assessing requests for permission to attend funerals and events of significance.

Details of implementation

Approval of funeral leave will be subject to:

• the content of the inmate application
• the circumstances of the request (including any exceptional circumstances) For example:  Family or friends may not want an inmate to attend because of the circumstances of their crimes and whether victims will be present, Apprehended Violence Orders (AVOs) may be in place

• For Audio Video Link (AVL), persons in attendance may not wish to be filmed
• the logistics of providing an escort (or AVL)
• any known security risks.

COPP 9.3 Application for compassionate leave

An inmate may attend a funeral, visit a seriously ill family member, or attend other events of family or cultural significance if compassionate leave is granted. If the leave is not granted, the inmate may be approved to attend via Audio Visual Link (AVL). AVL attendance should only be approved after full consideration has been given to the ability of the inmate to attend in person. An inmate must be informed that they may apply for compassionate leave, which may be approved or declined by the Commissioner of Corrective Services (or a commissioners’ delegated officer). Inmates should only be denied compassionate leave when there is a clear and substantiated legal, security or logistical issue. If local or interstate leave is not approved, the Commissioner’s delegate may consider whether to pre-approve appearance via AVL. The Commissioner’s delegate may only consider AVL when compassionate leave would otherwise not have been granted or if the inmate expresses a preference to attend via AVL.

1.2 Aboriginal inmates

Aboriginal inmates may request leave to attend a funeral or burial service for an immediate or extended family member where special kinship or cultural obligations have been verified. The definition and role of extended family is based on kinship for Aboriginal inmates. For the purposes of this policy, extended family must be considered the same as immediate family for Aboriginal inmates. The Aboriginal Strategy Directorate Regional Aboriginal Program Officer (RAPO) and Aboriginal Services and Programs Officer (SAPO) may assist with verifying kinship relationships for Aboriginal inmates.

Attending a funeral in person has always been and remains the preferred method for Aboriginal people in custody, should this not be possible, an AVL option should be offered. If an inmate attends a funeral service via AVL, this is followed up by a debrief and wellbeing check with the RAPO, Aboriginal SAPO and/or Chaplain. Additionally, there have been instances where a supporting staff member will be in the AVL room if the inmates want them to be there.

In the past, the Aboriginal Strategy Directorate in collaboration with other staff in the field (this has not always been a RAPO), has attended funerals to assist with streaming the service back to the centre for the inmate to watch. This typically takes places if the Funeral Services is unable to set up AVL for the ceremony.

All local leave requests whether approved or not approved are sent to the Aboriginal Strategy Director for oversight and further inquiry if needed. This process also allows for the education of correctional staff and Governors as well as providing an additional layer of Aboriginal lens.

Evidence

• COPP 9.3 Application for compassionate leave (PDF, 1.5 MB)