Inquest into the death of Simon Miles

Case Number: 2021/339043

Findings Date: 8 August 2023

Magistrate: Elizabeth Ryan

CORONIAL LAW | death of a First Nations man while on a Compulsory Drug Treatment Order; whether his release to Stage 2.5 of the Community Drug Treatment Program was appropriately planned and managed; whether the Community Drug Treatment Program is delivered in a manner which is culturally appropriate to the experience and needs of First Nations participants

Responses

Recommendations

The Commissioner of Corrective Services NSW

1. Consider revising relevant Compulsory Drug Treatment Program (CDTP) policy (following consultation with relevant stakeholders) to provide guidance to staff on the following matters:

a) describe how the CDTP, including its therapeutic programs, can be delivered to First Nations participants in a culturally competent and culturally safe manner,

b) identify culturally appropriate services that are available for First Nations participants in the community,

c) describe the process for assessing the suitability and practicability of a First Nations participant residing on country in a regional area, during Stages 2 or 3 of the CDTP.

Chief Executive Justice Health and Forensic Mental Health Network

2. Consider revising relevant Compulsory Drug Treatment Program (CDTP) policy (following consultation with relevant stakeholders), to provide guidance to staff as to how the CDTP can be delivered to First Nations participants in a culturally competent and culturally safe manner.

Chief Executive Justice Health and Forensic Mental Health Network and the Commissioner of Corrective Services NSW

3. Consider revising relevant CDTP policy (following consultation with relevant stakeholders) to:

a) provide guidance on the circumstances in which a participant can be required to undertake Opioid Substitution Therapy, as a condition of progressing to Stage 2 or 3 of the CDTP (including where a participant is deemed to be at high risk of relapse), and

b) describe how a determination about that issue should be documented.