Recommendation 133

This recommendation is assigned to CSNSW.

Recommendation

That:

a. All police officers should receive training at both recruit and in-service levels to enable them to identify persons in distress or at risk of death or injury through illness, injury or self-harm;

b. Such training should include information as to the general health status of the Aboriginal population, the dangers and misconceptions associated with intoxication, the dangers associated with detaining unconscious or semi-rousable persons and the specific action to be taken by officers in relation to those matters which are to be the subject of protocols referred to in Recommendation 127;

c. In designing and delivering such training programs, custodial authorities should seek the advice and assistance of Aboriginal Health Services and Aboriginal Legal Services; and

d. Where a police officer or other person is designated or recognised by a police service as being a person whose work is dedicated wholly or substantially to cell guard duties then such person should receive a more intensive and specialised training than would be appropriate for other officers.

Context

At the commencement of Chapter 24.1 the Royal Commission report stated that issues dealing with Police and prison custody deaths would be dealt with separately in different chapters as the issues were quire distinct. Since the time of the RCIADIC report, CSNSW has taken operational responsibility for some police/court cells. The Royal Commission acknowledged that Police officers cannot and should not be expected to come to any preliminary diagnosis about a prisoner’s condition noting that that was a matter for medical assessment.  The Royal Commission considered, however, that Police officers should make a preliminary assessment based on known history and observation and that the training of all operational police personnel in the identification and management of those at risk was important.  This recommendation is directed at ensuring officers receive an appropriate level of training to enable them to make a preliminary assessment of a person in custody so that they can appropriately identify and manage risk.

 

Detail of implementation

There is not a significant difference between the health differentials of Aboriginal people in custody and the non-Aboriginal custody population, see the study by Azar Kariminia in evidence, below.  Prisoners in general have poor health but a significant difference between the Aboriginal and non-Aboriginal population was not identified.

CSNSW are not medically trained, and Justice Health NSW provides medical assistance.

a) and b) Training – identifying persons in distress or risk of injury or illness

Primary training aligns to established industry/corrections benchmarks and includes a session specifically focussed on 'duty of care' wherein relevant legal and operational responsibilities of Correctional Officers is explored.  'Duty of care' responsibilities are also reinforced throughout other sessions within Primary Training and underpin a variety of learning activities.

Trainee Correctional Officers’ knowledge of ‘duty of care’ requirements as related to their role and implementation of associated functions are assessed by accredited trainers/assessors during Primary Training to ensure industry standards are met. It is noted that one of the units of competency trainees must achieve to satisfy the requirements of Primary Training is CSCOFM026 Protect the safety and welfare of Aboriginal and Torres Strait Islander offenders.

In addition to the above, all CSNSW Correctional Officers (up to and including the rank of Assistant Superintendent) must complete the ‘Awareness of Managing At-Risk Offenders’ and ‘Awareness of Safe Custody’ online short courses accessed via our NSW Thrive Learning System. These courses support the provision of a safe environment for inmates whilst in custody, with information provided to Correctional Officers to effectively manage those identified at-risk.

Also, as part of Primary training a one day face to face ‘Aboriginal Cultural Awareness Training’ program is facilitated by the Corrective Services NSW Aboriginal Strategy & Policy Unit and is made up of four modules:

Module 1 – Culture

Module 2 – Historical and Contemporary Understanding

Module 3 – Communication in an Aboriginal Context

Module 4 – Managing Aboriginal Offenders at Risk

The following courses are mandatory for Custodial Officers working in the Court Escort Security Unit (CESU) who manage CSNSW police/court cells:

• Awareness Managing at Risk Offenders
• Awareness Safety Custody
• Communicable Diseases
• COVID-19 PPE & Safety Program
• Custodial Incident Management
• Custodial Operations Policy and Procedures 365
• First Aid
• Managing Inmate Misconduct
• Positional Asphyxia Awareness
• Immediate Support Planning
• OIMS – Incident Reporting Module

c) Advice and assistance of Aboriginal Health Services and Aboriginal Legal Services

Aboriginal Cultural Awareness training was consulted on through the Aboriginal Advisory Council.

All custodial officers perform cell guard duties.

CSNSW provides a range of training programs for Correctional Officers and other staff to facilitate identification, support and management of inmates who are in distress or at risk of injury/death (e.g. due to self-harm).

Primary Training for trainee Correctional Officers

As referenced in response to prior recommendations, the Brush Farm Corrective Services Academy is CSNSW’s enterprise Registered Training Organisation which is responsible for delivering the 10-week face to face Primary Training to all trainee Correctional Officers on commencement of employment. This training is aligned to the Certificate III in Correctional Practice and contains sessions which support staff to identify and manage distressed and vulnerable inmates. These sessions include:

• Inmate Health and Welfare (Clinic), which examines staff duty of care regarding the provision of medical treatment to inmates, the role of Justice Health & Forensic Mental Health Network (‘Justice Health’) in medication administration, and the management of inmate medical conditions. 
• Serious Incidents, which examines the duties of the First Responding Officer, management of inmates at risk of self-harm or suicide, mandatory notification requirements, the role of the Risk Intervention Team (‘RIT’), crime scene preservation, and reporting processes.

The topic regarding the management of inmates at risk of self-harm or suicide specifically includes the following:

• Definitions of at risk inmates.
• Actions to be taken if a staff member suspects an inmate is at risk; and
• Demographics of people who may be at a higher risk level (e.g. inmates with a mental or chronic/life threatening illness).
• Management of Transgender and Intersex Inmates, which explores considerations relating to housing needs, escorts, classification and searching to ensure mitigation of risk to this cohort.

Additional programs are also embedded within Primary Training for trainee Correctional Officers that cover the management of inmates with specific needs such as mental health, alcohol/drug issues and disability, as well as young offender management and Aboriginal Cultural Awareness. This latter program was developed by the CSNSW Aboriginal Support Program Unit (now Aboriginal Strategy Directorate) (which was formed in 1993 as part of CSNSW’s commitment for implementing recommendations from the RCIADIC to act as a strategic Aboriginal affairs advisory, planning, support, program and policy unit) and is delivered by that unit or an endorsed CSNSW Academy staff member. Module 4 of the program (Managing Aboriginal Offenders at Risk) includes a specific section (Aboriginal Health Status) which provides information relating to risk factors, health conditions and research data. It is also noted that this program can be delivered outside of the Correctional Officer Primary Training as a standalone course to be undertaken by any CSNSW staff member.

As outlined in response to recommendations 122 and 155, trainee Correctional Officers must complete training and assessment to meet the outcomes of the unit of competency titled CSCOFM026 Protect the safety and welfare of Aboriginal and Torres Strait Offenders as part of Primary Training. Key elements of this unit of competency relate to:

• establishing a safe environment for Aboriginal and Torres Strait Islander offenders;
• monitoring Aboriginal and Torres Strait Islander offenders; and
• responding to identified risks to Aboriginal and Torres Strait Islander offenders.

Online learning following completion of Primary Training for trainee Correctional Officers

After completion of Primary Training, trainee Correctional Officers continue to undertake online learning and assessment activities throughout their probationary period whilst working in a correctional environment. This online learning includes courses relating to the following: 

Trauma-informed practice

This course supports staff to work effectively with people who have a history of trauma. It incorporates a trauma-informed approach to the management of inmates in custody and upon completion staff are equipped to:

• initiate practices that can assist to reduce re-traumatisation when interacting with inmates;
• use current trauma-informed approaches; and
• appropriately respond to and support people who have experienced trauma.

Awareness of safe custody

This course provides an awareness of the policies and procedures to manage at risk inmates and ensure safe custody principles are adhered to. Specific training objectives are to provide staff with an awareness of:

• safe custody;
• the initial reception process from police/courts;
• screening and assessment;
• managing inmates at risk;
• transferring inmates; and
• the role of the Coroner.

Awareness of managing at risk offenders

This course supports staff to manage an at risk offender in line with current policies and operational procedures. Course content includes the following: 

• Review of deaths in custody and recent inquests.
• Self-harm and suicide considerations.
• at risk considerations.
• Management of at-risk offenders; and
• Relevant administration, which includes the completion of Mandatory Notification Forms, as well as Offender Integrated Management System (OIMS) and Incident Reporting Module (IRM) requirements relating to assessed and actual self-harm incidents.

Duties of the first responding officer

This course provides learning, resources and scenarios to ensure that the duties of the First Responding Officer are understood. Topics include the following:

• The principles of the duties of the First Responding Officer (‘DOFRO’);
• DOFRO resources;
• DOFRO scenario 1 – assault (fight); and
• DOFRO scenario 2 – inmate self-harm.

Serious incident reporting

This course assists staff to understand the requirements of reporting serious incidents in a custodial environment. The following topics are included:

• Contemporaneous notebooks.
• Report writing.
• CSNSW report types; and
• Report writing rules.

Managing young adult offenders

This course provides staff with the knowledge/skills to support behavioural change and effectively manage young offenders in the community and custodial environment. Content in this module covers the following areas:

• Psychological development of young adult offenders; and 
• Case management of young adult offenders.

The training outlined above ensures that trainee Correctional Officers have the knowledge and skills to identify factors and management strategies to support distressed and vulnerable inmates who may be at risk in custody.

Mandatory online learning for all Correctional Officers

In addition to the requirements outlined above for trainee Correctional Officers, all Correctional Officers (up to and including the rank of Senior Assistant Superintendent) are required to complete mandatory online learning which includes:

• Awareness of Managing at Risk Offenders (as outlined above);
• Awareness of Safe Custody (as outlined above);

Custodial Incident Management, which reinforces knowledge of the duties of the First Responding Officer, use of force, management of a crime scene and serious incident reporting; and

Positional Asphyxia Awareness, which provides the steps to take in the case of an inmate suffering from positional asphyxiation.

There are refresher training requirements for Custodial Incident Management (to be completed every three years) and Positional Asphyxia Awareness (to be completed every two years).

It is noted that online learning is available from within the Thrive Learning System for enrolment at any time.

Additional training for CSNSW staff

Any member of a RIT must complete the Awareness of Managing At Risk Offenders online training, and all RIT Coordinators are also required to complete the two day face to face Managing At Risk Inmates program which is delivered and assessed by Brush Farm Corrective Services Academy. This training program is aligned to the following nationally recognised units of competency:

• CSCINT004 Assess Offender Risk and Needs, which describes the skills required to observe offender behaviour and presentation, assess risks and determine intervention approach; and
• CSCOFM004 Protect the Safety and Welfare of Vulnerable Offenders, which describes the skills required to maintain current information on vulnerable offenders and reduce their risks.

Further to the above, Brush Farm Corrective Services Academy schedules a number of additional face to face training programs (on-site or off-site upon request) that are available to all CSNSW staff as part of ongoing professional development to support management of distressed or vulnerable inmates that may be at risk in custody. These include:

Aboriginal Cultural Awareness Training (outlined above)

This training provides staff with knowledge regarding the history and culture of Aboriginal and Torres Strait Islander people and the contemporary challenges they are facing today. The training enhances communication skills in an Aboriginal context while supporting staff ability to identify and manage Aboriginal and Torres Strait Islander inmates at risk (it is noted that this one-day workshop is also included in Primary Training for trainee Correctional Officers).

Disability awareness

This training provides staff with the knowledge and skills required to effectively interact with and facilitate the empowerment of people with disability.

Mental health awareness

This training is designed to increase awareness of mental health disorders, including symptoms and associated behaviour. Helpful interactions and strategies to support those experiencing mental illness are also explored.

Trauma-informed practice

This training is specifically designed for people who work directly with those who have experienced (or are highly likely to have experienced) trauma. Trauma-informed practices can assist in minimising the chances of an inmate/offender being re-traumatised whilst in the care of CSNSW, and by incorporating the trauma-informed principles into daily interactions it can assist with the creation of a more rehabilitative environment.

Understanding and preventing suicide

This training aims to provide staff with the appropriate skills and knowledge to provide sensitive and effective intervention to individuals who are at risk of suicide.

First aid training for Correctional Officers

Trainee Correctional Officers must successfully complete training and assessment for the HLTAID011 Provide First Aid unit of competency within the 10 week face to face Primary Training. This training includes the application of appropriate first aid procedures, including performance of cardiopulmonary resuscitation in accordance with Australian Resuscitation Council guidelines.

Scenarios within the training include (but are not limited to):

• dealing with:
  • an unconscious casualty
  • a non-breathing casualty
• management of:
  • Anaphylaxis
  • Asthma attacks
  • Total obstruction choking
  • Non-life threatening bleeding and shock
  • Injuries – forearm fracture, shoulder dislocation, wrist sprain and minor wound
  • Nosebleeds
  • Envenomation.

Additionally, it is mandatory that Correctional Officers maintain their currency by completing training and assessment for the above unit of competency every 3 years. This training and assessment is provided both at Brush Farm Corrective Services Academy and regional locations.

Additional mandatory training for Court Escort and Security Unit staff

Since the end of 2020, Court Escort and Security Unit (CESU) staff have been required to complete the online Immediate Support Planning course on the Learning Management System. This course provides learning in relation to the completion of an Immediate Support Plan to assist in the management of at risk inmates.

Evidence

• Azar Kariminia study - Aboriginal and non‐Aboriginal health differentials in Australian prisoners.