Lawlink NSW: Chapter 1. Preventing Deaths in Custody

Report on the NSW Government's Implementation of the Recommendations of the Royal Commission into Aboriginal Deaths in Custody

Chapter 1. Preventing Deaths in Custody

1.1 INTRODUCTION

1.1.1 Numbers of Deaths in Custody

The Royal Commission into Aboriginal Deaths in Custody, completed in 1991, found that once Aboriginal and Torres Strait Islander people enter the custodial system their experiences often lead to feelings of isolation and despair which put them at risk of illness, self-harm or suicide.

Statistics relating to Aboriginal deaths in custody are produced by the Australian Institute of Criminology, in co-operation with all State and Territory Police, Correctional Services, Juvenile Justice Departments and State Coroners. The Institute of Criminology has adopted the following definition of a “death in custody” recommended by the Royal Commission:

the death wherever occurring of a person who is in prison custody or police custody or detention as a juvenile;
the death wherever occurring of a person whose death is caused or contributed to by traumatic injuries sustained, or by a lack of proper care whilst in such custody or detention;
the death wherever occurring of a person who dies or is fatally injured in the process of police or prison officers attempting to detain that person; and
the death wherever occurring of a person who dies or is fatally injured in the process of that person escaping or attempting to escape from prison custody or police custody or juvenile detention. (Australian Institute of Criminology, Trends and Issues No 105 Australian Deaths in Custody and Custody related Police Operations, 1998, March 1999, at 2).

Across Australia a total of 93 people were reported to have died in all forms of custody during 1998, fewer than in 1997, but still the second highest number on record. According to the Institute of Criminology:

“In line with the 19-year trend to date, Indigenous people were significantly over represented in the number of custodial deaths during 1998; 16 (or more than 17%) of the 93 deaths were of Indigenous people. Nationally, Indigenous adults represent less than 2% of the Australian adult population, but approximately 19% of the total prison population. During 1998, 13% of all prison deaths were of Indigenous people and 25% (6 out of 24) of the police custody deaths were of Indigenous people.” (at p 2)

In New South Wales, all deaths in custody must be investigated by the State Coroner. The Report by the NSW State Coroner into Deaths in Custody/Police Operations in 1998 states that there were a total of 38 deaths in 1998; 29 cases of deaths in custody and nine cases of deaths a result of or in the course of police operations. The overview of deaths reported by the State Coroner during 1998 differs from the Institute of Criminology’s statistics because they have a broader definition of a death in custody. Their definition includes a death occurring while temporarily absent from a detention centre, a prison or a lock-up; as well as while proceeding to a detention centre a prison or lock up when in the company of a police officer or other official.

Of the 38 deaths in 1998, four of the deceased were adult Aboriginal males and one was an Aboriginal juvenile male. Two of the adult Aboriginal males died in custody and two died during police operations. The juvenile male died in the course of a police operation. An inquest into one of the adult Aboriginal male deaths in custody was terminated after a person was charged with an indictable offence related to the death. One adult Aboriginal male death in custody inquest has been listed for hearing in 1999 and the remaining three deaths are still being investigated. According to the State Coroner, in the years from 1994 to 1998 the number of Aboriginal deaths in custody has been as follows: 3, 7, 2, 8 and 5.

1.1.2 Causes of Deaths in Custody

The 1998 statistics from the Australian Institute of Criminology show that Australia wide, hanging was the most frequent cause of death accounting for 38 (or 42%) of all deaths. The number and proportion of hangings in both police and prison custody increased in 1998 from those reported during 1997.

During 1998 there were fewer deaths in prison custody from natural causes (27 in 1997 down to 15 in 1998), however the number of deaths in police custody increased from 2 to 5. Other causes included injuries (down from 10 in 1997 to 5 in 1998); gunshot and drug toxicity.

Australia wide, the most common cause of death for Indigenous people was also hanging (7 out of 16 deaths). Five Indigenous deaths were from natural causes; two from injuries; one from gunshot and one from other causes. The Institute’s statistics do not give a break down for causes of death in New South Wales.

1.1.3 Government Policy

Government efforts have concentrated both on preventing self-harm and on improving the general health of inmates. The NSW Government recognises the importance of ensuring that custodial practices are culturally appropriate and responsive to the particular needs of Aboriginal inmates.

The government is committed to ensuring that the programs and procedures developed for Aboriginal inmates are continually assessed and improved and that agencies work with Aboriginal people and their community organisations when doing so. Policies designed to prevent Aboriginal and non-Aboriginal deaths in custody relate to:

assessing and managing physical and mental health;
providing safe accommodation;
case work and the provision of education and training to inmates;
facilitating family and community support;
training and disciplining staff;
consulting with the community and inmates;
responding to incidents of illness, self-harm or attempted suicide; and
dealing with complaints.

Each of these policy areas will be discussed in turn in relation to the Police Service, the Department of Juvenile Justice and the Department of Corrective Services.

1.2 ASSESSING AND MANAGING PHYSICAL AND MENTAL HEALTH

1.2.1 Background

The Royal Commission highlighted the extreme vulnerability of inmates in the early stages of a sentence. The government recognises that effective screening and assessment of the physical and psychological health of Aboriginal inmates is an important strategy for reducing the risk of deaths in custody.

In response to the Royal Commission’s findings, improved reception screening procedures have been adopted by the NSW Police Service, the Department of Juvenile Justice and the Department of Corrective Services. These procedures are designed to ensure that custodial officers are aware of the individual health and other needs of both Aboriginal and non-Aboriginal people from the time they first enter the custodial system, and that they respond accordingly. In addition, the Department of Juvenile Justice and the Corrections Health Services are striving to provide quality and culturally appropriate medical care to detainees and inmates. Efforts are made to enable Aboriginal inmates to access Aboriginal health workers wherever possible.

1.2.2 Police Service

During 1998 the NSW Police Service has continued to work to ensure that its policies and practices comply with the recommendations of the Royal Commission. The NSW Police Service Handbook and the Crime Code of Practice, outlines procedures for the care and supervision of Aboriginal people in police custody. Police must immediately notify an Aboriginal Legal Service and keep the detainee informed of the steps taken. Police are required to make every effort to advise relatives, friends, and an Aboriginal Community Liaison Officer (ACLO) when an Aboriginal person is in custody and encourage them to visit.

The Prisoner Admission and Management Form (PAMF) was introduced in 1994 to collect health information about detainees, particularly any known physical or psychological condition of the person that might create or increase the risk of death or injury whilst in custody. The PAMF accompanies every prisoner transferred from police custody into the custody of another authority. In at least two inquests into Aboriginal deaths in custody, the Coroner has noted that the PAMF was not always filled out fully or transferred to the Department of Corrective Services as required by Police policy. Consequently, the Coroner has recommended that the Police Service continue to remind police that they must adhere to the Commissioner’s Instructions on this issue and that there should be further education on the importance of this practice.

In cases where police identify that a person is likely to be at risk of self-harm, or to be suffering a chronic illness or condition which requires close monitoring, they enter this information on a “warning screen” within the On-Line Charge computer program. The “warning screen” provides an alert to the relevant police officers if the person is taken into custody again.
Information exchange occurs between Police and the Department of Corrective Services. Police provide a hard copy of information containing a detailed account of the detainees assessment on admission (which is updated at least hourly throughout the custody period), together with a record of all visits, medical and other treatments.

The Police Service has implemented a computerised charging system that became fully operational by December 1998. This provides the Service with quick access to information concerning the number of people being held in custody across the State.
Included in these figures is the number of Aboriginal people in custody. Whilst there is no compulsion for a detainee to identify themselves as an Aboriginal or Torres Strait Islander person, police are required ask all persons detained in custody if they are of Aboriginal or Torres Strait Islander descent, and to record any response given.

1.2.3 Juvenile Justice

All detainees on arrival at a Juvenile Justice Centre are questioned and assessed by a centre nurse within twenty four hours of admission and referred as required to the centre psychologist. Those considered at risk, for example because of a history of self-harm, are placed in one of the camera surveillance rooms. Any detainee who is uncomfortable in a single room, or any operational staff who has concerns about the placement of a detainee in a single room, can request a move. Recommendations for shared accommodation by a nurse or psychologist are generally considered favourably.

The Suicide Screening Questionnaire is part of the Policy for Prevention, Detention, Intervention and Management of Suicide and Self-harm Behaviour in Juvenile Justice Centre which is currently being implemented through the training unit.

The Department is at the final stages of reviewing the draft Juvenile Justice Centre Policy and Procedures Manual. The Infection Control Manual has been developed and will be forwarded to peers for comments.

The Department continues to maintain services from Aboriginal Medical and Dental Services throughout New South Wales. Joint partnerships with Area Health Services are continuing.

1.2.4 Corrective Services

Initial Screening
In June 1993, the Department of Corrective Services introduced a comprehensive Screening and Induction Program at Long Bay, which has since been expanded to all correctional centres receiving inmates directly from the courts or police. Under the program, a nurse employed by the Corrections Health Service (CHS) screens every new inmate.

The CHS reception assessment process is intended to identify at risk inmates. It is CHS policy that all Indigenous inmates are classified as at risk at the time of reception. Recommendations regarding cell placement are made to DCS to ensure an appropriate cell mate is allocated. Recommendations are based on both medical and self assessment criteria. An Aboriginal inmate subsequently considered to be at risk is followed up by the Crisis Intervention Team.

In addition to the initial medical screening carried out by Corrections Health Service, a social assessment (the “Contact Screening”) is completed by welfare officers. The Department employs Aboriginal Welfare Officers in centres with a significant Indigenous population. Designated Aboriginal Welfare Officer positions have been established in eight locations: Mulawa, Grafton, Broken Hill, Lithgow, Metropolitan Remand and Reception Centre, Cessnock and Bathurst Correctional Centres and the Long Bay Correctional Complex. During this screening, factors that may contribute to an inmate being at risk of serious harm or suicide are recorded and taken into account. The Contact Screening is usually completed on the day that the inmate arrives at the centre. This information is then used to notify custodial staff in correctional centres as to whether an inmate is at risk of self-harm, or has any acute or ongoing medical management and observation needs.

When a detainee is transferred into custody, the NSW Police Service provides the Department with the Prisoner Admission Management Form. The form is placed on the Department’s files and given to the Health and Welfare Screening and Reception Team. This provides for referral of all medical data received from the Police Service to staff of the Corrections Health Service. Additionally, the Department’s court officers complete an information and alert form which accompanies every transfer from court to custody.

Staff of the Corrections Health Service complete a special Reception Health Status Notification Form which is placed on the Case Management File. This provides custodial staff with any “at risk” information obtained by the Health Service staff during the clinical assessment. A Health Problem Notification Form is also provided to custodial staff in correctional centre wings before a detainee is placed in a cell. This alerts custodial staff to any observational and clinical needs of the detainee.

The transfer protocols and forms developed for the exchange of information between the Department of Corrective Services and the Corrections Health Service cover both duty of care and confidentiality considerations. Only medical information essential for ensuring proper care of a detainee is transferred. Further information can only be transferred with the detainee’s consent.

Health Care while in Custody
General philosophy and funding The mission of the Corrections Health Service is to provide health care in adult correctional centres that is of a standard equivalent to that of the general population. Many clinical services in correctional centres have been significantly expanded over recent years. The increased allocation of funds, which matches the increased inmate population, establishes a more realistic funding base. Further funds are being sought to continue the planned expansion of clinical services to inmates. Most of these additional services will assist all inmates, rather than being specific to Indigenous inmates.

Use of the public health system The resources and facilities of the Public Health System of New South Wales complement the services of the Corrections Health Service and are available to it at no cost. All correctional centres have access to the State’s 24 hour a day nursing, psychiatrist and medical officer on call rosters. It is the Service’s policy that an inmate should be taken to the nearest public hospital if they are in the same medical circumstances that would result in a member of the community being taken directly to a public hospital. Protocols are in place to facilitate ambulance access to all centres.

Medical Officers employed or accredited by Aboriginal Medical Services provide general practitioner services for Aboriginal inmates at a number of correctional centres with significant Indigenous populations. The appointment of specially accredited Aboriginal General Practitioners has greatly enhanced service delivery for Aboriginal inmates. An accredited Aboriginal Medical Service Medical Officer and psychiatrist provide medical services at the Metropolitan Medical Transient Centre of the Long Bay Hospital to Aboriginal inmates from around the State. Accredited female medical officers provide weekly clinical services at Mulawa and Emu Plains Correctional Centres. These General Practitioner services were funded by NSW Health in 1995-96 and 1996-97. This funding has ceased and the Corrections Health Service is assessing whether it can continue to fund these services.

Reducing at risk behaviour The Department is implementing a comprehensive strategy for the assessment and management of self-harm and suicidal behaviour. Acute Crisis Management Units have been established at Long Bay, Bathurst and Cessnock Correctional Centres. These Units opened in 1998 and will provide specialised assessment, intensive supervision and behaviour modification programs for inmates in crisis including Aboriginal inmates. Where a Crisis Management Unit is unable to sufficiently assist an inmate with his or her problems, the inmate may be referred to a Therapeutic Unit such as the Kevin Waller Therapeutic Unit at Long Bay. This unit provides a residential program for inmates with histories of chronic self-harm who are considered at high risk of suicide. A similar therapeutic program for women has now been established at Mulawa and is known as the Mum Shirl Unit.

The Intensive Case Management Program (ICMP) at Goulburn Correctional Centre was designed to cater for inmates who have demonstrated violent or excessively disruptive behaviour which is assessed as a risk to the security and management of a centre. The program provides inmates with the opportunity to change their behaviour so that they may return to and remain in the mainstream inmate population.

The Alexander Maconochie Unit operates as the residential component of the Violence Prevention Program which is a broad strategy to lower the incidence of assaults, intimidation and other forms of inappropriate aggressive behaviour within the correctional system.
The Special Care Unit is a three month residential program which caters for up to 28 male inmates. The Unit provides inmates with the opportunity to actively examine their self-defeating and impulsive behaviours, and to change their behaviour by accepting responsibility for their actions and decision making.

HIV and Hepatitis C The Lifestyles Unit offers a program to inmates with HIV or Hepatitis C. Inmates focus on learning how to deal with their acquired status in a responsible and pro-active manner.

Drug and alcohol treatment There is also a significant Departmental Aboriginal Drug and Alcohol program with Aboriginal identified positions in correctional centres. The Department’s Alcohol and Other Drug Service (AOD) has a designated program stream developed and supervised by an Aboriginal AOD Co-ordinator which provides specialised resources and programs for Aboriginal inmates in AOD education. Both the Mulawa and Metropolitan Remand and Reception Centre, Silverwater (MRRC) drug and alcohol detoxification units are now operational. If there is an instance where it is believed an inmate would benefit from being admitted to the Detoxification Unit a referral is made. This referral can be made by staff from the Corrections Health Service, Nursing, Medical or Psychology staff. The MRRC Unit has the capacity to accommodate up to 17 inmates; 12 of the inmate places will be specifically for custodial referrals from the Drug Court. The Mulawa facility has the capacity to accommodate two female inmates. This Unit is due to receive its first intake in mid March 1999.

Working with other agencies Corrections Health Service consults with the Aboriginal Health Resource Co-operative, Aboriginal Medical Services and the Department of Health in the formulation of policies relevant to the care of Aboriginal inmates. The Corrections Health Service took part in consultations with the Aboriginal Health Resource Co-operative (AHRC) and the Department of Corrective Services on the issue of progressing an Aboriginal Partnership Agreement. The AHRC has advised that the Corrections Health Service will be invited to participate in regular quarterly forums held with the Department of Health and Area Health Services.
The Service is working on the establishment of agreements with other Health Services to enhance health service delivery for Aboriginal inmates across the State. Agreements have been reached with the Redfern and Daruk Aboriginal Medical Services in relation to the provision of medical and dental services.

Improving services The Corrections Health Service and the Department of Corrective Services have recently completed a comprehensive Inmate Health Survey and will use the results to evaluate inmate health needs and assess the adequacy of the services currently provided. A large number of Aboriginal inmates were interviewed and results will be able to be analysed on the basis of the Aboriginality of the respondents.

The Service’s first comprehensive Clinical Services Plan has incorporated the same instruments used by other Area Health Services and will provide objective measures to evaluate the current standards of health care provision.

Sharing information The Inter-Departmental Information Technology Committee (IDITC) oversees a project known as the Justice Agencies Data Exchange (JADE), which concerns the electronic transfer of data between justice agencies. The IDITC recommended to the CEOs of justice agencies a list of project priorities. The main priority identified for Corrective Services was the synchronisation of the Police Criminal Names Index (CNI) with the Department’s Master Index Number (MIN). As at 25 February 1999, both agencies had begun work on this project.

A file layout to pass the information from Corrective Services to Police has been determined. It is anticipated that up to 20% of data will not be able to be matched at data conversion stage. Funding has been made available to allow for the matching tasks. The IDITC envisages that the CNI/MIN synchronisation project should be completed by the end of 1999.

1.3 PROVIDING SAFE ACCOMMODATION

1.3.1 Background

After a person has been screened to determine their physical and psychological health, they must be provided with safe accommodation. That is, the accommodation must be physically safe; there must be no hanging points or other features that would provide an opportunity for self-harm; a custodian must be able to identify any problems by monitoring the accommodation directly or through alarm and intercom devices; and a person may be accommodated with another person to provide companionship and support thereby decreasing the likelihood of self-harm or suicide.

1.3.2 Police Service

The Police Service conducted a review of all cells in 1989 in order to identify all danger points. Cells not decommissioned as a result of the review have been fully renovated to eliminate identifiable dangers. The physical security of police cells has also been improved through the use of closed circuit television to enable constant surveillance of people who may be at risk. This system is being used in areas with high Aboriginal populations such as Bourke and Armidale. Police Service policy also states that Aboriginal people may find it particularly difficult to cope with the isolation of a single cell.

Juveniles who are taken to a police station are not kept in police cells overnight unless there is no alternative. They are transferred to the Department of Juvenile Justice. If a juvenile does remain overnight in a police station, every effort is made to ensure that a family member, friend, the Aboriginal Community Liaison Officer or a volunteer from the local Aboriginal community spends as much time as possible with the young person. In any event, police never leave a young person unattended.

1.3.3 Juvenile Justice

Renovations and New Building
The Department of Juvenile Justice is implementing a program to upgrade the standard of facilities in juvenile justice centres to minimise the potential for self-harm. The upgrades at Keelong Reiby Minda and Riverina Juvenile Justice Centres have been completed. The upgrade of Yasmar Juvenile Justice Centre will start in the current financial year.
A new location is being sought to replace Worimi (Broadmeadow) Centre and a new centre is being constructed at Mt Penang which will be officially opened in October 1999. The construction of all new centres, including those at Dubbo and Grafton, will comply with the Design Guidelines for Juvenile Justice Facilities in Australia and New Zealand. These guidelines address safety issues.

Monitoring
The Ombudsman’s report into Juvenile Justice Centres made several recommendations relating to the monitoring of detainees and the improvement of physical safety. For example, it was recommended that the Department:

monitor by personal observation wherever possible;
limit the use of electronic surveillance to those detainees considered at serious risk of self-harm, and for whom five to ten minute checks are deemed insufficient;
improve the system of recording close checks on detainees considered to be at risk by recording observations of the detainee’s behaviour or position as well as the time of the check; and
install night lights in all cabins to allow staff to check detainees throughout the night without the need for torches which may disturb sleeping detainees.

The Department is currently implementing the Ombudsman’s recommendations in the upgrading and renovations of centres. As part of the Department’s Maintenance and Capital Works Program, electronic monitoring systems have been repaired and replaced and installed within new and old centres.

Shared Accommodation and Segregation

All Juvenile Justice Centres have provision for shared accommodation. Where an Aboriginal detainee shows fear of isolation from others, priority is given to securing shared accommodation.

All shared accommodation is physically checked at least every twenty minutes. The majority of double rooms have monitors installed. Close supervision of vulnerable detainees by intense personal observation and electronic surveillance has been implemented in all centres.

Segregation and confinement in Juvenile Justice Centres may only be used in certain limited circumstances, for example where the person is a danger to others. Segregation may not be used as a means of punishment. If a person is confined to a particular location, the physical environment of that location must be of at least the same standard as other occupied places within the centre.

The person who is confined must be visible to an officer at all times and must be able to readily communicate with an officer.
The Department recognises that segregation is not always a successful strategy. Centres are currently introducing more client focused custodial initiatives such as behavioural programs, social/living skills training and case management. With the introduction and increased development of these initiatives, it is envisaged that the need for segregation will decrease.

1.3.4 Corrective Services

Renovations and New Building
A significant capital works program costing in excess of $1.2 million has been undertaken to construct safe cells in all correctional centres. These cells are available for the temporary care of acutely suicidal patients. The cells are not used for punishment. If the use of a safe cell is required for more than two days then the need for admission to the psychiatric ward at the Long Bay Hospital is to be considered. A safe cell is essentially the same as a normal cell but the contents and fixtures have been modified. These modifications provide a safer environment from which an inmate may be assessed and counselled as required, observed, and provided with appropriate treatment. Officers are required to observe inmates in safe cells regularly.

A plan to renovate the cells in the psychiatric wards at the Long Bay Hospital is being progressively implemented as part of the Capital Works Program.

All correctional centre cells and some court cells are equipped with cell alarm/intercom systems. Those court cells for which are not equipped with an alarm/intercom will have a system installed on a progressive basis, as funds become available.

Shared Accommodation
A “Two Out Cell Policy” was developed in late 1996 and has been issued to all staff. This policy identifies reasons for placing inmates in shared accommodation and provides protocols designed to ensure that inmates requiring shared accommodation, for an identified period, continue to be accommodated in that way. However court cell complexes do not have the resources (staff or cells) to fully comply with this policy.

All new centres built over the last 6-7 years, including the Metropolitan Remand and Reception Centre, make provision for a certain number of cells with large enough floor areas to accommodate more than one inmate. The Department is currently conducting a study of court cell accommodation throughout the state, reporting on services and facilities available to detainees.

This report is expected to be finalised by June 1999. It will, where appropriate, use the RCIADIC recommendations as a benchmark. It is proposed that courts, particularly 24 hour courts, have staff who can assess a detainee and recommend appropriate accommodation. If this is not available the detainee would be closely supervised until transferred to a correctional centre.

The need for shared accommodation for Aboriginal inmates will also be addressed in the Court Escort and Security Unit Procedures Manual.

The Coroner, in his investigation of an Aboriginal death in a correctional centre in 1997, noted that many Aboriginal prisoners prefer to be “one out” and that it was the Department’s policy that if the prisoner wished to be “two out” then the Department would attempt to arrange it. The Coroner considered that existing protocols for assessing whether a prisoner should be one or two out are adequate.

Segregation
The Department commissioned a review of its segregation policy by a prominent Aboriginal person with a good working knowledge of the system in late 1997. The Department’s segregation policy reflects many of the recommendations from the review. The policy recognises the undesirability of segregating an Aboriginal inmate. Governors are subject to specific guidelines in relation to segregation of inmates. Segregation is only considered where there is no other means of managing the inmate in the circumstances.
Where such action is considered necessary, Governors are required to:

ensure the inmate is provided with daily exercise, appropriate clothing, food, water and access to visits;
ensure that the segregation cell has adequate lighting, sanitation facilities and heating;
inform the relevant Regional Aboriginal Project Officer who will provide support for the inmate, if necessary; and
provide the segregated inmate with access to a member of the Aboriginal Inmate Committee.

The Department has also established a number of other management “alternatives” in which an inmate may participate or to which inmates may be sent.

The Provision of a Safe Environment
Architecture and furniture in cells are the responsibility of the Department of Corrective Services and the Police Service. Corrections Health Service makes certain that there is no hazardous material in cells where suicidal inmates are housed.

Remedial action is planned to address the issue of “hanging points” in New South Wales reception centres. Although it is not possible to renovate all cells in all reception centres work has been completed on 120 cells. Work is continuing on the remaining 143.
Meetings have occurred between representatives of the Department’s Capital Works Branch and officers of the Coroner’s Office. In principle agreement has already been reached as to the basic adjustments which are necessary in future correctional centre construction/renovations.

The Department is currently making arrangements for a follow-up meeting.

1.4 CASEWORK AND THE PROVISION OF EDUCATION AND TRAINING TO INMATES

1.4.1 Background

In recognition of the particular difficulties faced by Aboriginal people, New South Wales custodial authorities have developed numerous strategies to provide a more comprehensive and targeted response to the cultural, social and educational needs of Aboriginal inmates. Individual case management is part of this strategy, as are educational, vocational and employment programs. One of the findings of the Royal Commission into Aboriginal Deaths in Custody was that almost all the Aboriginal people who died in custody had not completed their high school education.

By providing education and training to Aboriginal inmates, the Department of Education and Training (DET) raises the students’ self esteem and gives them skills which will assist them in finding employment on their release.

1.4.2 Juvenile Justice

Casework
Orientation programs are provided following the admission of a young person into a centre. Various aids, including plain English booklets and videos, are provided to assist detainees to settle in, and to help them understand the requirements of the centre. Aboriginal Senior Youth Workers are employed in all centres. Aboriginal Mentors are widely used to assist Aboriginal youth with family and social issues and to advocate on their behalf in relation to their health, welfare, accommodation and educational or vocational needs.

The Department’s case management system is designed to ensure that each young person fulfils the legal responsibilities of their court order and is supported in choosing a non-offending lifestyle. Under case management, each juvenile is assigned a caseworker.
The officer works consistently with the young person and is guided by a Centre Support Team. Centre Support Teams address the educational, recreational, physical and mental health needs of all residents. These teams consist of a psychologist, alcohol and other drug counsellor, case co-ordinator, nurse and support staff.

The Department has three Intensive Program Units at Blacktown, Stanmore and Liverpool. These Units provide a non-custodial community based sentencing option for young offenders whose emotional or behavioural problems are amenable to counselling. Aboriginal counsellors have been employed within each of these Units. The Units also provide pre and post-release services to young people. This program has a protocol designed to ensure that the program is culturally appropriate for Aboriginal clients. The Intensive Program Units model of standards will be officially launched on the 7 May 1999 by the Minister. All Intensive Program Unit staff have been trained in the new standards.

Education and Training
All centres offer education programs to Aboriginal young people. The role of the Juvenile Justice Education Advisory Committee is to co-ordinate education and vocational training for young offenders. The Committee comprises representatives of the Departments of Juvenile Justice and Education and Training.

In the Report of the NSW Ombudsman’s Inquiry into Juvenile Justice Centres, the Ombudsman considered that the quality of school education in detention centres was high. However, at some detention centres there are not enough places for all children who wish to attend, particularly for children under 15. The Ombudsman also considered that the Department of Juvenile Justice is making serious attempts to provide programs to Aboriginal young people which are culturally appropriate.

The Ombudsman made four recommendations of note in relation to the provision of educational and vocational programs:

1. That the Department review its provision of vocational training including the role of juvenile justice vocational instructors and the physical space for vocational and recreational programs in detention centres. In doing so, the Department should consider the following issues:

what qualifications do juvenile justice vocational instructors have?
are these qualifications appropriate for the teaching of TAFE or other accredited courses?
is there an appropriate mix between the courses detainees wish to undertake, the courses which are appropriate for young people in a changing labour market and the qualifications of juvenile justice vocational instructors? and
what improvements need to be undertaken to ensure that vocational training facilities in detention centres meet the necessary standard for the provision of accredited training?

2. That the Department develop clear policies and procedures in relation to the provision of paid work for detainees, and the sale of items produced by detainees within the centres. Towards this end the Department should:

instruct caseworkers to regularly consider the possibility of obtaining work for detainees in the local community;
review policies and practices which may otherwise impede detainees’ access to vocational training and employment opportunities outside the centres;
review and evaluate existing practices within the centres; and
consider the implementation of a system in which all detainees receive a small “minimum wage” for their participation in education, or vocational training or other work within the centres.

3. That the principles underlying the Keelong Education and Training trial should be introduced into all New South Wales juvenile justice detention centres. These include:

a greater emphasis on accredited vocational education and training;
a flexible, mixed mode of delivery of education geared to meet the individual detainee’s education and training needs;
the delivery of quality, relevant programs (especially through TAFE) both on and off site;
site specific enterprise agreements with teaching staff; and
each centre to have a local Education and Training Consultative Committee comprising representatives from local education and training providers chaired by the school principal.

4. That the Department of Juvenile Justice liaise with the Department of Education and Training as a matter of urgency to ensure that all detainees wishing to attend school are able to do so.

All centres provide culturally specific courses and programs for Aboriginal and Torres Strait Islander young people in the Learning Centre. All Aboriginal specific programs and courses are delivered by Aboriginal people. In developing programs and courses Aboriginal and Torres Strait Islander people are consulted for cultural appropriateness.

1.4.3 Corrective Services

Education and Vocational Training
Responsibility The Adult Education and Vocational Training Institute (AEVTI) is the Department’s education branch. TAFE and the Department have developed a joint strategic plan for the delivery of quality educational programs to Indigenous inmates. This vocational education and training enables Indigenous students to increase their skills and knowledge so that on release they are better equipped to gain employment and contribute to the development of their communities.

TAFE co-ordinators liaise with offenders in relation to their education and training needs and with correctional centre educational staff and TAFE staff. All culturally based programs are established in consultation with inmates, community based experts, TAFE and operational staff. To further the educational endeavour, five Indigenous full time teacher positions have been created. Wherever possible Aboriginal teachers and community members are recruited to conduct these specialised programs.

The Strategic Plan provides for Aboriginal Peer Support Groups. These groups are consulted when education programs for Aboriginal inmates are being planned. To support this initial planning process AEVTI, in combination with NSW TAFE, implemented the Aboriginal Peer Mentor Support Training Program in a number of New South Wales correctional centres. This program assists the Department’s objectives in initiating the Aboriginal Peer Support Group for all activities within the institution dealing with Aboriginal educational, training and cultural activities. It also assists new Aboriginal inmates in orientating themselves to peer support groups and education programs.

Currently, approximately 60% of Aboriginal inmates attend education and vocational training programs. Under the Department’s Memorandum of Understanding, TAFE provides 8,400 hours (out of a total of 28,094 hours) to Aboriginal education and training courses.

Full time student programs are available in some correctional centres. Some inmates in these programs are of Aboriginal descent. The most popular course with Aboriginal inmates is the Aboriginal Inmate Committee Mentor Training Program. This course is for members of the Aboriginal Inmate Committee who have the responsibility for inducting new offenders.

The program operated at Glenn Innes, Grafton, Long Bay and Bathurst gaols in 1997 with a total of 59 participants.

Specific programs Originally called the Koompahtoo Program, the Nangy Kungar Project operates in the Hunter Valley and addresses the difficulties Aboriginal inmates experience in gaining employment on release from custody. The program presently consists of a TAFE full time carpentry and joinery course. The course is funded by the Department through its Adult Vocational and Educational Training Institute and DEETYA. Additional funding has been approved by Abstudy for the purchase of tools and text books. All the inmate students are supplied with a tool kit upon completion of the study program. The ten inmates undertaking this program are enrolled as full time students. The students undertake theory studies at the centre for two days each week and the other three days are left for practical work experience. At this time, the class is renovating the Allamby Youth Hostel at Redhead.

The Second Chance Program is to target young adult first-time detainees in the West and North West of the State and will allow Aboriginal inmates to better maintain family and community links. The program will be established in the Brewarrina Shire and will house up to fifty first time, predominantly Aboriginal, inmates. Young offenders will develop farm management and land regeneration skills. Offenders convicted of crimes of violence or sex offences will not be eligible for inclusion to this program.

Cessnock Correctional Centre conducts a Cabinet Making and Joinery Certificate program designed to provide Aboriginal inmates with skills that can service their respective Aboriginal communities as well as their own individual needs. Commonwealth funds have been secured for tutorial assistance hours to support the program at Cessnock Correctional Centre.

Work Opportunities
The Department provides inmates with the opportunity to perform meaningful work through the Corrective Services Industries (CSI). In consultation with the Department’s Indigenous Services Unit, CSI developed a policy that embraces the employment of Aboriginal inmates. The Indigenous Services Unit was established in response to the Royal Commission into Aboriginal Deaths in Custody to provide advice and assistance with the development of policies and practices for the Department. The Unit is staffed entirely by Indigenous people with non Aboriginal custodial staff attached.

The Girrawaa Aboriginal Cultural Centre located at the Bathurst Correctional Centre, employs up to twenty minimum security inmates who produce art works including carvings, textile designs, paintings, screen printing, jewellery, wood and leather work and photographic works. The inmates gain practical and business skills and improve their literacy and numeracy. AEVTI and TAFE in conjunction with Corrective Services Industries have organised another federal grant from the Australian National Training Authority, for an innovative National Projects Application involving the Girrawaa Creative Work Centre. The grant is for a co-operative project emphasising vocational training, practical application of workplace training and literacy education for the Aboriginal inmates working in the Creative Work Centre. The federal grant has financed the employment of a vocational teacher of Aboriginal art and a literacy teacher.

The Department in conjunction with the Murrumbidgee College of Agriculture, NSW National Parks and Wildlife Service (NPWS), ACTU Lend Lease and local Aboriginal communities of the far west of New South Wales have received federal funding to conduct vocational education and training of Aboriginal inmates in the Mobile Outreach Programs who are involved in restoring wilderness sites. This funding assists the vocational training of inmates who are involved in restoration projects with NPWS and rehabilitation of cultural sites in local Aboriginal communities near Broken Hill. The vocational training at Broken Hill Correctional Centre involves completing the Certificate (11) in Rural Skills for Aboriginal Communities.

A Mobile Outreach Program currently operates out of St Heliers Correctional Centre at Muswellbrook and Broken Hill Correctional Centre. Inmates involved in the Mobile Outreach Program also perform work for organisations such as the State Emergency Service, Shire Councils and community groups. The work can range from storm clean-up operations to forest regeneration and building maintenance.

The Department has negotiated to buy “Railtown” at Ivanhoe for use as a third mobile work camp. The former railway village will operate as a correctional centre for up to 50 minimum security inmates who will be available to carry out community projects. A Mobile Outreach Program will also operate from the centre. This program will service the wider community and the National Parks and Wildlife Service undertaking community projects with Aboriginal and remote communities.

1.5 FACILITATING FAMILY AND COMMUNITY SUPPORT

1.5.1 Background

Support from families and community organisations is critical to the physical and psychological health of all those in custody. Custodial agencies have made considerable efforts to ensure that families are able to visit their family member and talk to them regularly by phone. Locating inmates and detainees close to their families and providing financial support to families for travel and accommodation expenses facilitates this contact. Community groups and individual volunteers also provide support, especially for Aboriginal inmates whose families are not able to visit regularly.

1.5.2 Police Service

Police make every effort to contact the Aboriginal Legal Service and encourage friends and relatives to visit and provide support to Aboriginal persons who are arrested or detained. The Aboriginal Policy Statement and Strategic Plan requires each Local Area Commander to develop and maintain links with all sections of the local community.

Aboriginal Support Groups
In a number of areas local police, in consultation with Aboriginal community members, have established Aboriginal Support Groups. These groups provide support, on a 24 hour roster basis, to Aboriginal persons who have been arrested or detained. Members are nominated and elected by the Aboriginal community. The prevalence of these groups is expected to increase as Joint Action Plans under the Aboriginal Policy Statement and Strategic Plan are implemented.

On 22 June, 1998 the Minister for Police hosted a function which reported progress in implementing the Aboriginal Policy Statement and Strategic Plan. At this function recognition was also given to those involved in the establishment of Police Aboriginal Support Groups in the Greater Hume Region (including Macquarie Fields, Liverpool, Campbelltown, and Camden Local Area Commands). Certificates of Recognition were presented to police and Aboriginal people by the Minister for Police and the Minister for Aboriginal Affairs.

These voluntary support groups have proven to be effective in both supporting Aboriginal people who come into contact with police and improving police understanding of the Aboriginal perspective of police procedures, and generally raising cultural awareness and contact with the local community.

Lay Visitors Scheme and Voluneers
The Lay Visitors Scheme and Volunteers in Policing are in place at some locations. Local Area Commanders at many locations report that local community members do not wish to participate in a formal, permanent program, preferring instead to visit selected detainees (usually family members or friends) when, and if detained in custody.

The establishment of a local custody support group was a common strategy identified in the Joint Action Plans. Implementation of the strategies in each plan will be monitored by the Local Aboriginal Consultative Committee and by the Aboriginal Strategic Advisory Council.

1.5.3 Juvenile Justice

Facilitating Visits by Family and Friends
Placement near home Wherever possible the Department of Juvenile Justice places detainees in detention centres near their families. However, due to the small number of centres, their locations and the availability of beds, it is not always possible to do so. The construction of Dubbo and Grafton juvenile detention centres will enable the Department to place more young people closer to their families and communities. Dubbo Juvenile Justice Centre will be operational in August 1999 and will accommodate thirty detainees. Grafton Juvenile Justice Centre will be operational in June 1999 and will accommodate thirty detainees. Each detainee has their classification and placement reviewed every six months at which time a number of factors are taken into consideration including the detainee’s welfare needs, program requirements and security issues. Any request by a detainee to move is considered at this time.

Visits by family and friends The Department encourages visits by family and friends. Caseworkers at the centres monitor family contact and liaise with families to arrange more frequent contact if necessary. Family visiting areas have been upgraded in all centres. The new Dubbo, Grafton and Mt Penang centres will include new indoor and outdoor visiting areas. New procedures have been implemented for family visits and telephone calls which enable flexibility for mid week and longer visits and increased telephone contact.

The Department pays travel and accommodation costs incurred by families during visits. Managers and caseworkers in juvenile detention centres advise them of the availability of funding and accommodation. Funds for travel and accommodation visits in 1998 were not broken down to identify Aboriginal and Torres Strait Islander expenditure. However the overall amount spent for family visiting expenses was $113,389.27. Unfortunately the availability of funds does not necessarily increase family contact as other factors may prevent relatives visiting detainees regularly. These factors include travel distances, work and family commitments and the quality of the young person’s relationship with his or her family.

Dubbo Aboriginal Organisation provides transport for Aboriginal families in western New South Wales to visit detainees. This organisation consults with centre managers to arrange dates for visits and books accommodation for families.

The Residents Handbook was released in October 1998. It provides detainees with information about the operations of centres including information on the visiting scheme. The Parents Handbook was released in April 1999. The Parents Handbook is very similar to the Residents Handbook and includes information such as help with travel and accommodation expenses.

Facilitating Community Contact and Support
All Juvenile Justice Centres have established links with local Aboriginal communities and other major cultural groups in their area. Local Aboriginal groups are encouraged to attend the centre and become involved.

Aboriginal Mentor Program The Aboriginal Mentor Program is based on the belief that young people need positive interactions with other people. Mentors are recruited and trained locally and are selected on the basis of their awareness of the needs of young people and their ability to act as positive role models. The Mentor’s role is to provide additional intensive assistance and support to Aboriginal juvenile offenders on remand or under community supervision, to encourage young people to adopt positive lifestyles and to maintain culturally appropriate links with the community. They also assist in addressing the young person’s educational, training, recreational, financial and employment needs.

By 1997-98, 178 Aboriginal Mentors had been trained and were available to support young Aboriginal persons. In 1997-98 there were 203 cases in which Mentors were assigned. Expenditure to December 1998 was $ 668,613.34.

Other programs Prison Support Officers attend centres periodically. Aboriginal Legal Services representatives and staff from Aboriginal Medical and Dental Services visit regularly. All centres continue to attend Aboriginal inter-agency meetings, community meetings and local Aboriginal organisation meetings to encourage participation at the centre with young Aboriginal detainees.

1.5.4 Corrective Services

Facilitating Visits by Family and Friends
Placement near home The Inmate Classification and Placement Branch of the Department attempts to locate Aboriginal inmates in correctional centres as close as possible to their families. The Branch reviews each inmate’s classification and placement at least every six months. The factors taken into account in reviewing the inmate’s placement include security issues and the inmate’s welfare needs and program requirements. The inmate’s own wishes are also considered. Regulations give inmates the right to seek a review of the Classification Committee’s decision if they are unhappy with it.

The Second Chance Program at Brewarrina will provide a means whereby Aboriginal inmates from western New South Wales will be able to serve part of their custodial sentences in a location closer to their communities. The program will cater primarily, but not solely, to Aboriginal inmates. It will provide selected minimum security inmates between the ages of 18 and 26 with skills to enhance their employment prospects on their release from custody. Training will be provided in relation to animal husbandry, farm operation and management, machinery operation and management, shearing and fencing.

The Mobile Outreach Program also increases the options available for locating inmates closer to their families and communities. The program currently operates out of St Heliers Correctional Centre at Muswellbrook and Broken Hill Correctional Centre. The Department has recently established a base for a minimum security facility at Ivanhoe in south western New South Wales. The centre will accommodate up to 50, predominantly Aboriginal inmates. Additionally, the opening of the June Baker Unit at Grafton Correctional Centre for women on remand, and sentenced who come from northern New South Wales has given some women an opportunity to be located near their homes.

Visits by family and friends The Department recognises the importance of family support to the rehabilitation of inmates and has an ongoing program of maintaining and upgrading visiting facilities. The Operations Procedures Manual provides for travel and accommodation assistance to be made available to visitors of inmates.

A Visits Management Plan was developed and endorsed by the former Commissioner of Corrective Services on 20 November 1995. The plan evolved as a consequence of a state-wide survey of correctional centre visitors which was undertaken in 1994 following extensive consultation and direct input from community agencies. An audit of the Plan was conducted in 1998 which in general indicated a positive response from all centres. However, it did identify some problem areas concerning the location of existing visiting facilities and the structural and financial limitations confronting some centres in introducing specific strategies.

The Department continues to commit capital works funding to enhance visiting facilities and is in the process of reviewing and updating the Visits Management Plan. A second visitor research survey has been approved at a projected cost of $60,000 following which a revised plan will be developed in conjunction with community agencies.

The Department’s Welfare Officers are responsible for the Travel and Accommodation Assistance Scheme for families visiting inmates. Welfare Officers make inmates aware of the scheme.

The Department also provides a brochure to all inmates which explains such things as: who is eligible to apply for travel assistance; how to apply for travel assistance; and the type of travel assistance which may be sought. In 1998 a total expenditure of $2,000 was provided to visitors of Aboriginal inmates. This represented 23.6% of total expenditure on travel and accommodation assistance. Additional funding from the Indigenous Offenders Action Plan has been provided to the Welfare Services Branch specifically for travel and accommodation assistance for Aboriginal families and significant others.

The Superintendent, Court Escort and Security Unit, has issued Standard Operating Procedures to correctional staff employed in court/police cell complexes concerning the management of detainees supervised by Unit staff. The directions contained in the Procedures provide for visits to persons detained in court cell complexes in certain circumstances.

Family and friends are not generally permitted to visit detainees whilst in court cells due to the limited facilities for such visits. The Officer In Charge (OIC) has discretion to allow a visit to an inmate in the following circumstances:

at a court cell complex staffed on a 24 hour basis, “fresh custody” inmates will be permitted one visit prior to transfer to a correctional facility;
where an inmate needs to enter a substantial bail undertaking to secure release, the family/friends/surety, in the company of the inmate’s legal representative and/or an interpreter, may be permitted to visit the inmate; and
at any time, when the OIC determines that the security and safety of the complex, inmates and staff will not be jeopardised by permitting a visit. In making this determination the OIC will have taken into consideration the staffing and physical resources of the court cell complex at the time of the proposed visit.

The Department is currently reviewing court cell accommodation throughout the state in regard to reporting on services and facilities available to detainees. This report is expected to be finalised by June 1999.

Facilitating Community Contact and Support
During 1998 the Department negotiated with an Aboriginal community group in the Sydney metropolitan area to commence a trial cell visitor scheme. Unfortunately, the trial did not proceed.

The Department has commenced a Visiting Elders Program at Grafton and Glen Innes Correctional Centres. The Visiting Elders Program has been endorsed and funded through the Indigenous Offenders Action Plan to continue on a state wide basis at all correctional centres and will be extended to fulfil the role of the cell visitor scheme.

Three Jarrah women’s cultural camps have been held at Lake Glenbawn close to significant locations of Aboriginal cultural heritage. The camps allow women detainees to discuss issues such as children, adolescence, health and the operation of Land Councils with female Elders.

1.6 TRAINING AND DISCIPLINING STAFF

1.6.1 Background

Policies and practices in relation to all the areas discussed above are unlikely to be effectively implemented and evaluated without adequate training and disciplining of staff. In particular, staff must be aware of the fact that they owe a legal duty of care to persons in their custody and that they may be held legally responsible for the death or injury of the person caused or contributed to by a breach of that duty. If policies are not implemented there must be mechanisms to remedy that situation. Further training or disciplinary action may be appropriate depending on the circumstances.

1.6.2 Police Service

The NSW Police Service Personal Handbook provides that police must ensure the safety of people in their custody. Police are given training about their responsibilities to people in their custody during the Constable Education Program and the Safe Custody Course.

Police who perform custody duties are required to complete the Safe Custody Course, a three phase course of instruction offered by Charles Sturt University and conducted at the Police Academy in Goulburn. Other police officers are also eligible to enrol in this course. Its aim is to equip police to preserve human and legal rights and to prevent and respond to injuries. The substantial reduction in the number of people dying in police custody since the RCIADIC report is indicative of the success of the numerous strategies and initiatives introduced by the Service, including training and education programs in the area of prisoner management and custodial duty of care.

During 1998, 123 police officers received training in the Safe Custody Course. A working party has developed a comprehensive induction program for police posted to areas with a significant Aboriginal population.

Any breach of the NSW Police Service Handbook is assessed individually before any penalty or other disciplinary action is taken. Compliance with Police Service policies and guidelines is monitored by the Internal Affairs Branch, the Ombudsman and ICAC.

On 22 May 1998, the Commissioner of Police, on behalf of the Police Service, offered his apology to members of the Stolen Generation, for the prominent role that police played in enforcing past unjust laws. The Police Service also participated in eight Stolen Generation Workshops, seven in rural areas and one in a metropolitan area. These workshops were organised by the Department of Aboriginal Affairs and were held to allow consultation with Aboriginal communities on the recommendations of the Bringing Them Home Report and for government departments to provide feedback to those communities.

Recommendations relating to police were positively received with community members supporting the establishment of Police Aboriginal Support Groups and cross-cultural awareness programs to increase police and Aboriginal people working together to further improve police Aboriginal relationships.

ACLOs located at Redfern and Mt Druitt Local Area Commands received Train the Trainer training in drug and alcohol education. This program provides ACLOs with confidence to conduct programs on a face to face level for Aboriginal people.

1.6.3 Juvenile Justice

The duty of care to a young person is contained in the Children (Detention Centres) Act 1987.

This duty of care is acknowledged in the Director General’s Instructions, policy and procedures manuals, and training materials. Workshops and internal training courses on Aboriginal specific issues are provided for all direct care, nursing and professional staff.
The Department’s policy document entitled Provision of a Protective Abuse-Free Environment in the Department of Juvenile Justice was introduced in November 1996. The document provides a framework for the protection of juvenile clients and Departmental staff from all forms of abuse and establishes effective child protection strategies. Racist comments or conduct are included within the category of emotional abuse. Procedures for dealing with allegations of emotional abuse are set out in the document.

In January 1998, the Department distributed a revised Code of Conduct. Before entry on duty an employee is required to read and sign the Department’s Code of Conduct and another document entitled Acknowledgment of Legislative Requirements for Staff Working in Detention Centres. A large majority of staff have received training in the Code of Conduct police services and programs for Aboriginal young people.

Centre staff receive induction training which focuses on these policies. Any breach of the requirements of these documents may be subject to disciplinary action and, if appropriate, the staff member will be charged with a criminal offence. Staff are made aware of their legal responsibilities in caring for young people whom they are supervising, including the penalties for breach of legal responsibilities and misconduct.

The Department of Juvenile Justice is currently developing core competency training for staff which includes training in Aboriginal issues.

Nursing staff employed by the Department undertake training in Aboriginal health issues as part of their professional development. This may consist of internal training undertaken at the annual nurses’ conference or attending courses provided by other agencies. Nursing staff are trained in all current resuscitation procedures. This training is undertaken every year. In 1998, some transport staff were trained in Emergency Life Saving Techniques. Similarly, some staff from Reiby, Yasmar, Fairfield and Sydney West Cluster Office have also been trained in this area. In additional, some staff at Mt Penang, Kariong and Keelong are qualified First Aid Trainers.
A total of 67 direct care staff have received First Aid Training.

All specialist counsellors including Alcohol and Other Drug Counsellors (AOD) and psychologists have received Aboriginal cultural training through their quarterly professional development meetings. In addition, all 13 AOD counsellors have received training in the history and impact of the Stolen Generation on young offenders. They have been provided with information about the consequences of this policy on young people, their identities, the inter-generational dislocation, the losses suffered by their families and in the importance of considering the social context within which these young people are placed.

The Department’s Psychological and Specialist Programs Unit, in conjunction with the Collaborative Research Unit, has employed an Aboriginal psychologist to advise psychologists and other Specialist Program staff on assessing and intervening with young Aboriginal offenders.

1.6.4 Corrective Services

Training in relation to duty of care is covered extensively in the eleven-week Pre Service Training Course, the two-week Senior Correctional Officer Course, the four-week Commissioned Officer Course and the six-week Governors Course.

Training based on the contents of the Department’s Operations Procedures Manual is delivered to all correctional officer recruits. Departmental staff are advised of changes to the Operations Procedures Manual by directives issued by the Senior Assistant Commissioner, Inmate and Custodial Services. Governors are responsible for informing staff of the content of the directives issued. The process of informing staff may involve management team meetings and/or on the job training. The Operations Procedures Manual has been installed on the Department’s intranet system and a pilot intranet program is currently underway involving several correctional centres. The long term intention is for the manual to be available to all staff with access to a computer.

The Superintendent, Court Escort and Security Unit has issued Standard Operating Procedures for correctional staff employed in court/police cell complexes concerning the management of detainees supervised by Unit staff. The directions contained in the Procedures emphasise the identification of persons in distress or at risk of self-harm with the aim of referral to appropriate health personnel.

General health awareness training is included in the Aboriginal issues components of the eleven-week Primary Training course for new recruits and in other courses conducted by the Corrective Services Academy. This component of the Primary Training Course is complemented by training in duty of care, suicide awareness and prevention and the First Aid Course. Corrections Health Service staff provide support and assistance in training custodial staff in matters related to the assessment and management of “at risk” persons.

An Occupational Health and Safety Training Unit has been established at the Corrective Services Academy and a first aid refresher training program has been developed to deliver first aid training to staff. The training program consists of an initial three day First Aid course, backed up by a one-day refresher course which all correctional centre staff will be required to complete on an annual basis. Basic resuscitation procedures have been designed to be displayed in all cell block and inmate areas.

Corrections Health Service staff have the same qualifications and professional standards as the staff of other health services. The Service has recently expanded staff training and implemented measures to improve service quality. For example, the Service has introduced CPR Accreditation and appointed a Clinical Nurse Consultant in Education. The CHS has allocated funding for the development of an educational program for all CHS staff. A comprehensive program is now available to all CHS clinic staff, which will be delivered throughout 1999 and 2000 throughout the state. Department of Corrective Services may also attend these sessions. Accreditation of Corrections Health Service (CHS) staff in resuscitation occurs twice a year.

Since the introduction of Competency Based Training (CBT) in August 1998, the Department has addressed the elements of competency required of correctional officers to deal with and respond to situations in a proactive manner. The CBT for staff complements initiatives such as the establishment of Regional Acute Crisis Management Units with specialised intensive staff training.

Corrective Services has established clear policies in relation to breaches of departmental instructions. Statutory and internal disciplinary procedures are contained in the Correctional Centres Act 1952 and related Regulations, the Periodic Detention Centres Act and related Regulations, the Classification Branch Manual and the Operations Procedures Manual. Breaches of procedure or rules are dealt with accordingly. The Operations Procedures Manual has been reviewed and re-printed. It was issued to all correctional centres, periodic detention centres and branches in March 1997.

1.7 CONSULTING WITH THE COMMUNITY AND INMATES

1.7.1 Background

Consultation with Aboriginal community organisations and individuals help to make the custodial system more responsive to the needs of Aboriginal people. Many custodial and detention practices and programs involve Aboriginal communities and families. However, closer involvement of Indigenous people in the planning and implementation of departmental policies, services and programs is also essential.

1.7.2 Juvenile Justice

Aboriginal Program Support Officers (APSO)
The employment of Aboriginal Program Development Officers (APDOs) has enabled the Department to consult and work with Aboriginal communities about program development and delivery. The Department employs nine APDOs across the State. APDOs are located in Lismore, Coffs Harbour, Taree, Sydney, Western Sydney, Nowra, Wagga Wagga, Dubbo, and Coonamble. APDOs are responsible for obtaining feedback from Aboriginal communities about the effectiveness of programs offered and whether they are accessible and culturally appropriate. They work with Aboriginal people in the development and delivery of Aboriginal specific programs run by Aboriginal organisations. All local and regional Aboriginal specific programs are developed and run by the APDOs.

Aboriginal Cluster Advisory Committee
Each cluster has established an Aboriginal Cluster Advisory Committee which meets bi-monthly to discuss issues relating to Aboriginal and Torres Strait Islander clients and staff. The state elected members of the Aboriginal Staff Advisory Committee meet bi-monthly in Sydney to discuss issues or concerns referred from cluster meetings, juvenile justice managers, executive committee, or other government agencies and non government agencies. This committee advises the Director General of any issues that may have an impact on Aboriginal and Torres Strait Islander young people and makes recommendations for action.

Community Consultative Committees
Four of the nine Juvenile Justice Centres in New South Wales have established Community Consultation Committees; Minda, Worimi, Reiby and Mt Penang. Each committee has Aboriginal and Torres Strait Islander community representatives. As a priority for 1999 Cobham, Yasmar and Riverina will be re-establishing their committees.

1.7.3 Police Service

Police Aboriginal Council
The Police Aboriginal Council was restructured during 1998. The previous Council, which provided a consultative mechanism at only one level, has been replaced by a three tiered structure which provides the opportunity for community input at the local, regional and executive level.

Inter-agency Forums
Police are members of several inter-agency committees at both the local and regional levels, particularly where a large Aboriginal population resides. Some of these committees, such as the Aboriginal Community Consultative Committees and Police Aboriginal Support Groups, are convened by the Service with external and community representation. Others, such as the Aboriginal Justice Advisory Council, are convened by other agencies with police participation. The value of these forums lies in their ability to discuss issues of concern to police and the Aboriginal and non-Aboriginal wider community with the aim of resolving issues and achieving positive outcomes.

The Service contributed to the funding of both the Aboriginal Justice Advisory Council and the Aboriginal Health Infrastructure Forum during the 1998-99 financial year.

Aboriginal Justice Advisory Council (AJAC)
Officers from the Aboriginal Co-ordination Unit and Commissioner’s Office attended two meetings of AJAC in 1998, providing advice on police initiatives relating to young Aboriginal people and the Aboriginal community in general. Police Service Region Commands have agreed to participate on Regional AJAC Committees and to provide administrative support as necessary.

1.7.4 Corrective Services

The Department has a number of initiatives in place for ongoing consultation with Aboriginal people. They include:

the establishment of Aboriginal Inmate Committees in correctional centres with a significant Aboriginal population;
the appointment of at least one Aboriginal inmate to Inmate Development Committees in correctional centres which do not have a significant Aboriginal population;
extensive consultations with Indigenous community organisations, including involving the Aboriginal Legal Service and the Aboriginal Medical Service in developing health initiatives and procedures;
Aboriginal Official Visitors; and
Aboriginal representation on correctional centre Community Consultative Committees.

1.8 RESPONDING TO INCIDENTS OF ILLNESS, SELF-HARM OR ATTEMPTED SUICIDE

1.8.1 Background

Even with all these policies, procedures, support mechanisms and training in place, life-threatening illnesses, incidents of self-harm and attempted suicides will continue to risk the lives of inmates. Custodial officers must be able to respond quickly and effectively. They must have the equipment they need and the training to use it successfully. If a death occurs an investigation is carried out by the Coroner who often makes recommendations for improved practices or procedures.

1.8.2 Police Service

The NSW Police Service Handbook and Crime Code of Practice provides police with guidelines in responding to incidents of illness, self-harm, attempted suicide and identification of potential risks.

All police recruits are required to have a current St Johns First Aid certificate. The Police Resuscitation Training Unit conducts annual refresher courses in resuscitation at all local area commands. All police stations and motor vehicles are equipped with pocket resuscitation masks with a one-way valve. In addition, all police officers are issued with a first aid packet which they are required to carry in a modified handcuff pouch. The packet contains a single use resuscitation device in the form of a plastic face cover fitted with a one-way valve.

1.8.3 Juvenile Justice

All centres have “oxy-viva” resuscitation units and staff are trained in the proper use of this equipment. There is annual accreditation of staff trained in these procedures in conjunction with NSW Health. All equipment is easily accessible and displayed in visible locations. Nursing staff are trained in all current resuscitation procedures. Nursing staff at Mt Penang and Kariong are qualified First Aid Trainers and have delivered first aid courses to staff and detainees. All transport staff are trained in emergency life saving techniques.

The majority of nursing staff work between 8 am and 4.30 pm seven days a week. Nursing staff and transport staff are “on-call” to a Juvenile Justice Centre, at any time, on a needs basis.

The Department endeavours to have at least one officer on each shift who is trained in first aid and resuscitation techniques. Courses in these areas are offered throughout the year. A number of nursing staff are accredited first aid trainers and provide training to youth worker staff at centres.

The Department of Juvenile Justice has completed the installation of alarm and intercom systems in all centres. Electronic monitoring and surveillance equipment has been installed in all confinement and segregation rooms in all centres. This equipment has also been installed at the three new centres at Dubbo, Grafton and Mt Penang.

1.8.4 Corrective Services

All correctional centre clinics have resuscitation equipment which is maintained and able to be transported if an emergency arises. There is a protocol for maintaining additional resuscitation equipment in non-clinic areas of correctional centres.

Debriefing sessions are conducted after all major incidents, including deaths in custody and attempted suicides, to ascertain actions which could be taken to reduce risks in the future and to identify inmates and staff affected by the incident so that the appropriate support is arranged. Managers and the Serious Incidents Review Committees analyse the circumstances of all serious incidents and take appropriate action. All major incidents and deaths in custody are reported to the Department of Health and are subject to a comprehensive internal review. Any concerns are referred to the Health Care Complaints Commission for independent investigation.

1.8.5 Role of the Coroner

All deaths in custody must be investigated by the State Coroner or a Deputy State Coroner. At the conclusion of an inquest the Coroner must record his or her findings, including the manner and cause of death and the quality of care, treatment and supervision of the deceased prior to death. The Coroner critically examines each case to identify any policy or procedural shortcomings. For example, custodial officers may not have observed all relevant policies and instructions or there may be ways in which the physical surroundings could be altered to reduce the risk of suicide or accidental death in the future. If so, recommendations are made for remedial action.

1.9 DEALING WITH COMPLAINTS

1.9.1 Background

An open, accessible and fair complaints mechanism is essential if government is to be accountable for its treatment of Aboriginal people in custody. All custodial agencies have internal complaint handling systems.

Inmates, detainees and those who come into contact with the police, have access to several external complaint handling agencies including Official Visitors, the Ombudsman, the Anti-Discrimination Board, the Independent Commission Against Corruption, the Judicial Commission, the Privacy Committee and the Legal Services Commissioner. Prison regulations provide that correspondence between any of these organisations and an inmate must not be opened or read by anyone other than the addressee.

1.9.2 Official Visitors

Official Visitors are appointed by the Minister to each Juvenile Justice Centre and adult corrections centre in New South Wales. There are seven Ministerially appointed Official Visitors to centres. There is no Official visitor appointed to the Broken Hill facility and the position at Reiby Juvenile Justice Centre is currently vacant. The Visitors provide independent monitoring and evaluation of residential conditions and services and are expected to visit each centre at least every two weeks. They also facilitate the protection of the human rights of detainees and register and assist in the resolution of grievances. Official Visitors have relatively free access to the records and personnel of the departments for the purpose of undertaking inquiries. Official Visitors prepare written reports to the Minister every six months. They do not take the place of usual administrative and casework processes.

1.9.3 The Ombudsman

The NSW Ombudsman oversees the operation of Official Visitors indirectly in that complaints not resolved via the Official Visitor are often directed to the Ombudsman’s Office, both by complainants and the Official Visitor themselves. The Ombudsman’s Office also takes part in training activities for the Official Visitors. The Ombudsman’s Office provides a limited outreach service to adult correctional centres and Juvenile Justice Centres. These centres are usually visited at least twice a year. Broken Hill Correctional Centre is usually visited once a year due to the distance and cost of travel involved.

Section 12(3) of the Ombudsman Act 1974 places a legal obligation on public authorities or other people supervising inmates to take all necessary steps to facilitate the making of complaints and the forwarding of unopened written matters to the Ombudsman whenever a person in custody informs such a person that he or she wishes to make a complaint to the Ombudsman.
Adult prisoners have free telephone access to the Ombudsman’s Office to raise complaints relating to the current policy and procedures of the Department of Corrective Services. It is also the practice of the Department of Juvenile Justice to allow detainees to telephone the Ombudsman’s Office.

In the 1997-98 financial year the Ombudsman received 2683 complaints relating to prisons and Juvenile Justice Centres.
Inmates are able to complain about detrimental treatment received as a result of an earlier complaint to the Ombudsman.

The Ombudsman is required to advise the complainant of the reasons for any determination made in relation to a written complaint. The majority of complaints from inmates are dealt with informally. Where a formal investigation is initiated and “wrong conduct” found, a report is made to the head of the public authority, the relevant Minister and, except in unusual cases, the complainant. Complainants are always informed of the Ombudsman’s determination and the reasons for the decision.

The Ombudsman’s Office employs an Aboriginal Complaints Officer (ACO) who regularly participates in visits to adult and juvenile correctional facilities, especially those with high Aboriginal populations. The ACO is an Aboriginal person with legal qualifications and an extensive knowledge of Aboriginal culture and related issues. The Ombudsman’s Office also has a three member Aboriginal Complaints Unit (ACU) that deals with complaints about police. Both the ACO and members of the ACU regularly conduct outreach visits to Aboriginal communities.

The Ombudsman’s Office is currently developing an information kit designed to increase the awareness of the role and responsibility of the Ombudsman among Aboriginal people and communities. The kit will include a poster, brochures, and possibly stickers or fridge magnets. The kit will be easily identifiable to Aboriginal people via the use of Aboriginal artwork and appropriate colours. The kit will be in plain English and will encourage Aboriginal people to contact the Ombudsman’s Office to discuss their concerns.

The Ombudsman’s Office is negotiating with a Local Aboriginal Land Council (LALC) to run a series of pilot “shop-front” complaint taking and information sessions. It is anticipated that these workshops will increase the accessibility of the Office to the particular Aboriginal community. If successful the Office intends to run similar “shop-front” sessions at other LALC’s. These initiatives will help to ensure that communities are better informed about their rights and responsibilities.

1.9.4 Anti-Discrimination Board

Aboriginal people who have contact with police or are in custody can complain directly to the President of the Anti-Discrimination Board about any allegation of harassment, discrimination or vilification. In the 12 month period ending in June 1998, the Board received ten complaints from Aboriginal people against the Police Service alleging discrimination in the manner in which they were treated. Of these complaints, one was closed due to loss of contact with the complainant, one was outside the jurisdiction of the Board and one was formally withdrawn. Of the remaining seven complaints, six alleged race discrimination and one alleged disability discrimination. These complaints are being investigated. In the same period, the Board received two complaints from Aboriginal people against the Department of Corrective Services in relation to the manner in which they were treated. One complaint related to race discrimination and the other to disability discrimination. No complaint was received from Aboriginal people against the Department of Juvenile Justice. All complainants have access to a toll free telephone number to contact the Board. Officers will also visit an inmate in goal to discuss a complaint if necessary. For further information in relation to the Anti-Discrimination Board’s programs, see Chapter 3.

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The information contained on this page is not legal advice. If you have a legal problem you should talk to a lawyer before making a decision about what to do. The information on this page is written for people resident in , or affected by, the laws of New South Wales, Australia only.

most recently updated 20 August 1999