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Report on the NSW Government's Implementation of the Recommendations of the Royal Commission into Aboriginal Deaths in Custody
Police officers to be trained regarding Aboriginal health issues and risk assessment That:
(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. Government’s original position: Supported Revised government position: Supported Agencies responsible for implementation: Department of Corrective Services; Department of Juvenile Justice; NSW Police Service Implementation report The NSW Police Service has addressed in training modules included throughout the new Diploma in Policing Practices (DPP) course, this recommendation and all other relevant in-service courses and training packages. Police who perform custody duties are placed into the Safe Custody Course, a three phase course of instruction offered by the Police Academy, Goulburn. The substantial reduction achieved in the number of person dying in police custody since the close of the RCIADIC 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. The NSW Police Academy has reviewed and modernised the Safe Custody Course which has improved standardised procedures Statewide. Every police officer is eligible to enrol in this course, Custody Managers are trained to look at preservation of human and legal rights and to increase operational police awareness with respect to all aspects of persons coming into police custody, ensuring police are aware of their responsibility if or when persons are injured. The Superintendent, Court Escort and Security Unit of the Department of Corrective Services 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. Since the introduction of Competency Based Training (CBT) into the Department 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. Regarding the health status of Aboriginal inmates (and all other inmates) relevant issues are discussed and the more common health issues focused upon during initial recruitment training and promotional training at the Senior Correctional Officer level. The Corrective Services Academy has also developed stand alone courses in Aboriginal Issues and Suicide Awareness which are currently being reviewed to fit within the CBT framework. The health status of all inmates is detailed and monitored from the time of reception. Once inmates are transferred to a correctional centre a comprehensive health screening is conducted by the Corrections Health Service with critical needs being immediately addressed by health and welfare staff. This process identifies particular Aboriginal health issues or immediate concerns. Implementation status Partially Implemented No further reporting
Police to keep regular records regarding detainee’s welfare That police instructions should require the adequate recording, in relevant journals, of observations and information regarding complaints, requests or behaviour relating to mental or physical health, medical attention offered and/or provided to detainees and any other matters relating to the well being of detainees. Instructions should also require the recording of all cell checks conducted. Government’s original position: Supported Revised government position: Supported Agencies responsible for implementation: Department of Corrective Services; Department of Juvenile Justice; NSW Police Service Implementation report The NSW Police Service introduced a Prisoner Admission and Management Form (PAMF) in 1994 to collect and record health information about detainees, including any known physical or psychological condition of the person which may create or increase the risk of death or injury while in custody. The PAMF must be updated hourly and accompanies a prisoner if he or she is transferred elsewhere. 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. This recommendation is a responsibility of the Department of Corrective Services in the case of those court cell complexes for which the Department is responsible, following the transfer of responsibility from the Police Service for the management of some court/police cell complexes and court escort arrangements. 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 offenders/inmates supervised by Unit staff. The directions contained in the Procedures fulfil the requirements of this recommendation. The Department of Juvenile Justice is in the process of implementing the Ombudsman’s recommendations and has recently reviewed its Policy for Prevention, Detention, Intervention and Management of Suicide and Self-Harm Behaviour in Juvenile Justice Centres. The revised Policy for Prevention, Detention, Intervention and Management of Suicide and Self Harm Behaviour in Juvenile Justice Centres is currently at the printer. The policy will be introduced through appropriate training to all centres by the end of March 1999. The Suicide Screening Questionnaire is part of this policy and will be implemented at the same time the policy is released. Close supervision of vulnerable detainees by intense personal observation and electronic surveillance operates in all centres, as is the recording of checks. Mental and physical health assessments, and treatment regimes, are recorded in a detainee’s detention (D) file. Night-lights have been installed in rooms, where appropriate. Every juvenile justice centre, except Worimi Juvenile Justice Centre at Broadmeadow, has night-lights installed in either the detainee’s cabins or dormitories. Implementation status Partially implemented Future reporting in Part A
Alarm and intercom systems to be installed in cells That as soon as practicable, all cells should be equipped with an alarm or intercom system which gives direct communication to custodians. This should be pursued as a matter of urgency at those police watch houses where surveillance resources are limited. Government’s original position: Supported Revised government position: Supported Agencies responsible for implementation: Department of Corrective Services; Department of Juvenile Justice Implementation report The NSW Police Service requires this recommendation to be complied with in the Service’s building code. Although not all cells have alarm or intercom systems, all cells now have direct communication between inmates and custodial officers. The Department of Corrective Services has equipped all correctional centre cells with alarms/intercoms. Those court cells which are not equipped with an alarm/intercom will have a system installed on a progressive basis, as funds become available. Section 22.31 of the Operations and Procedures Manual informs staff of the requirement to maintain and service cell alarms. This policy has been issued to all correctional centres and court cell complexes. The Department’s Operations Procedures Manual directs Area Managers to ensure that inmates are not placed in a cell with an inoperative cell alarm. It is not, however, always possible for staff to observe this directive in court cell complexes due to physical constraints. In such cases, a determination is made as to whether a person in custody was “at risk” and an appropriate pattern of observation would be imposed. 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. The above systems have been installed at the three new centres at Dubbo, Grafton and Mt Penang. Adequate and immediate supervision and close observation of any youth identified at risk of suicide and self-harm will significantly reduce the chances of a death in custody. Implementation status Partially implemented Future reporting in Part A
Aboriginal persons not to be alone in cells That in all cases, unless there are substantial grounds for believing that the well being of the detainee or other persons detained would be prejudiced, an Aboriginal detainee should not be placed alone in a police cell. Wherever possible an Aboriginal detainee should be accommodated with another Aboriginal person. The views of the Aboriginal detainee and such other detainee as may be affected should be sought. Where placement in a cell alone is the only alternative the detainee should thereafter be treated as a person who requires careful surveillance. Government’s original position: Supported Revised government position: Qualified Support Agencies responsible for implementation: Department of Corrective Services; Department of Juvenile Justice; NSW Police Service Implementation report The NSW Police Service has addressed this recommendation through its Commissioner’s Instructions. This recommendation is a responsibility of the Department of Corrective Services in the case of those court cell complexes for which the Department is responsible, following the transfer of responsibility from the Police Service for the management of some court/police cell complexes and court escort arrangements. This transfer of responsibility is ongoing around the state. A “Two Out Cell” Policy has been issued, however court cell complexes do not have the resources (staff or cells) to fully comply with this recommendation. 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. All detainees on arrival at a Juvenile Justice Centre are assessed by a centre nurse within twenty four hours of admission and referred as required to the centre Psychologist. Recommendations for shared accommodation by a nurse in first instance and subsequently by the Psychologist are generally considered favourably. All detainees are questioned on admission, specifically in relation to previous self harm attempts are considered at risk and placed in one of the camera surveillance rooms available. Any detainee who is uncomfortable in a single room, or any operational staff having concerns about the placement of a detainee in a single room, can request a move. All juvenile justice centres with the exception of Mount Penang (which has dormitory accommodation) have double rooms available for Aboriginal young people who wish to share a room. Double rooms are of the same standard as single rooms. Mt Penang JJC has four units accommodating 32 detainees per dormitory. New Mt Penang JJCS has 8 units accommodating 15 detainees per unit with seven bedrooms, four double rooms with one set of two interconnecting single rooms in each unit (to provide further flexibility). Reiby JJC has four units, Kennedy and Parry are two dormitory units with 18 single beds per unit. One of these dormitories is for detainees up to the age of 14 years, whilst the other accommodates young people over 14 years. The Robinson Unit provides ten single bedrooms, although has the capacity to provide one double room. Whitten, with single rooms provides accommodation for up to 21 detainees and has one double room, plus a “living skills flat” providing accommodation for two detainees. Yasmar JJC has twenty three single rooms and two double rooms but, if necessary the girls and young women are allowed to double in single rooms. Riverina JJC has three units, Barwon with nine single rooms and one double, Lachlan with seven single rooms and one double and Murray with ten single rooms and two double rooms. Kariong JJC has four accommodation units with eight single rooms and two double rooms per unit. Minda JJC has five units, Transit with thirteen single rooms and two double rooms, McKellar with fifteen single rooms and no doubles, Kendall with eleven single rooms and no doubles, Talbot with sixteen single rooms and one double room and Lawson with eleven single rooms and no doubles. Cobham JJC has five units with shared accommodation in each unit. Tandarra has seventeen single beds and one double, Taralga has twelve single beds and one double, Uralba has eleven single beds and one double. Garvey has eight single rooms and three double and Mandela has seven single rooms and four double Worimi JJC has eighteen single rooms and eight double rooms. Keelong JJC has two units. Hargraves has six beds in two rooms and the remainder of the unit has nineteen single rooms, one observation room an two interconnecting rooms. Broken Hill JJC accommodates six clients and provides two double rooms and two single rooms. Dubbo JJC has two accommodation units with a total of 14 single bedrooms, eight double rooms. Grafton JJC has two accommodation units with a total of 14 single bedrooms, eight double rooms. Implementation status Fully Implemented No further reporting
Operation of cell visitor schemes That:
(b) Where such cell visitor schemes do not presently exist and where there is a need or an expressed interest by Aboriginal persons in the creation of such a scheme, government should undertake negotiations with local Aboriginal groups and organisations towards the establishment of such a scheme. The involvement of the Aboriginal community should be sought in the management and operation of the schemes. Adequate training should be provided to persons participating in such schemes. Governments should ensure that cell visitor schemes receive appropriate funding; (c) Where police cell visitor schemes are established it should be made clear to police officers performing duties as custodians of those detained in police cells that the operation of the cell visitor scheme does not lessen, to any degree, the duty of care owed by them to detainees; and (d) Aboriginal participants in cell visitor schemes should be those nominated or approved by appropriate Aboriginal communities and/or organisations as well as by any other person whose approval is required by local practice. Government’s original position: Supported Revised government position: Supported Agencies responsible for implementation: Department of Corrective Services; Department of Juvenile Justice; NSW Police Service Implementation report The NSW Police Service addresses this recommendation in Commissioner’s Instructions and the Aboriginal Strategic Plan. 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. In some locations Police and Aboriginal community members have established Police Aboriginal Support Groups. Members of these groups are available to attend at police stations, when required, on a 24 hour basis. Members are nominated and elected by the Aboriginal community. Cross cultural training is provided to members about police procedures when a person is arrested or detained by police. In 1998 the Service completed phase one of the roll out of the Aboriginal Policy Statement and Strategic Plan. In ten Local Area Commands with significant Aboriginal populations Police and Aboriginal community members jointly developed Action Plans to implement identified corporate objectives (including decreasing the number of Aboriginal persons arrested and /or detained in custody and reducing the risk of death in custody). The establishment of a local custody support group was a common strategy identified in the 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. During 1998 the Department of Corrective Services 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. In Juvenile Justice Centres an Official Visitor Scheme operates allowing ministerially appointed persons to enter and inspect the centres and confer privately with residents. An Aboriginal visitor is appointed to Yasmar Juvenile Justice Centre (female centre). Staff from the Aboriginal Prison Support Unit currently based at Aboriginal Legal Services visit the detention centres. Local Aboriginal organisations are encouraged to attend centres and become involved programs and initiatives undertaken within the centres. Aboriginal Legal Service liaison officers also visit centres. Aboriginal community members are also encouraged to apply for positions on the centre Community Consultative Committees. Implementation status Partially implemented Future reporting in Part A
Friends and family to be encouraged to visit detainees That police should take all reasonable steps to both encourage and facilitate the visits by family and friends of persons detained in police custody. Government’s original position: Supported Revised government position: Supported Agencies responsible for implementation: Department of Corrective Services; Department of Juvenile Justice; NSW Police Service Implementation report The NSW Police Service instructs police officers to ‘where practical, arrange visits by relatives, friends, Aboriginal Community Liaison Officers or representatives of community groups’ (Commissioner’s Instruction 155). 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 places a requirement upon each individual Local Area Commander to develop and maintain links with all sections of the local community to achieve the goals expressed within this and other of the recommendations of the Royal Commission. In a number of areas local Police in consultation with Aboriginal community members have established Aboriginal Support Groups to assist with providing support to Aboriginal persons who have been arrested or detained and to establish trust and respect between police and Aboriginal people. Members of the Police Aboriginal Support Group provide a monthly 24 hour roster system of people who are available to visit and provide support and assistance to Aboriginal persons who are arrested or detained. The prevalence of these groups is expected to increase as Joint Action Plans under the Aboriginal Policy Statement and Strategic Plan are implemented. In addition to the 24 hour roster service provided by local Support Groups, members of the Lay Visitors Scheme and Volunteers in Policing also provide support to persons in custody. Cultural Awareness programs have been established in areas where there is a significant Aboriginal population. The aim of the program is to assist new police in identifying various Aboriginal groups/organisations and gain a better understanding of community issues. This recommendation is also being addressed by the Corrective Services in the case of those court cell complexes for which the Department is responsible, following the transfer of responsibility from the Police Service for the management of some court/police cell complexes and court escort arrangements. 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:
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. The Department of Juvenile Justice is continuing to provide services for families to visit their child in a centre. As reported last year all centres have continued to follow the same procedures of encouraging family visits and funding and accommodation is being provided. Detainees are provided with a resident handbook which explains the operations of centres including information on the visiting scheme. A parents handbook is currently being printed and due for release in April 1999. The Parents Handbook is very similar to the Residents Handbook and includes information such as help with travel and accommodation expenses. For further information in relation to encouraging visits to Aboriginal adults and young people in custody, refer to Chapter 1 in Part A. Implementation status Partially implemented Future reporting in Part A
Specialist psychiatric attention for detainees/prisoners That, wherever possible, Aboriginal prisoners or detainees requiring psychiatric assessment or treatment should be referred to a psychiatrist with knowledge and experience of Aboriginal persons. The Commission recognises that there are limited numbers of psychiatrists with such experience. The Commission notes that, in many instances, medical practitioners who are or have been employed by Aboriginal Health Services are not specialists in psychiatry, but have experience and knowledge which would benefit inmates requiring psychiatric assessment or care. Government’s original position: Supported Revised government position: Supported Agencies responsible for implementation: Department of Juvenile Justice; Department of Health – Corrections Health Implementation report Dedicated services to Aboriginal and Torres Strait Islander inmates are provided at all metropolitan adult correctional facilities (except Parklea). Services will be expanded to non-metropolitan facilities (currently only at Grafton), given appropriate funding. The Aboriginal Health Strategic Plan Care in Context which seeks funding for metropolitan and non-metropolitan correctional facilities from 1999-2000 has been finalised and submitted through the Aboriginal Health Resource Cooperative (AHRC) to the NSW Health Department. All Department of Juvenile Justice specialist counsellors including Alcohol and Other Drug Counsellors and Psychologists have received Aboriginal cultural training through their quarterly professional development meetings. The recently revised Intensive Programs Units model (designed to provide a community based sentencing alternative to custody) has been devised to allow for adaptations when working with Aboriginal youth. It seeks to provide cultural exchanges for various interventions to assist in fostering a sense of self among Aboriginal youth and calls for greater involvement of families, caregivers and communities in these interventions. These adaptations were based upon extensive consultation with Aboriginal communities in local and remote rural areas. They were also formulated after work with the University of New South Wales Indigenous Research Unit (and the Department of Corrective Services) with whom meetings were held to consider how make the program more culturally accessible and sensitive to the needs of young Aboriginal offenders. Implementation status Partially implemented Future reporting in Part A
Review of equipment and facilities in cells which may be used to cause harm The Commission notes that prisons and police stations may contain equipment which is essential for the provision of services within the institution but which may also be capable, if misused, of causing harm or self harm to a prisoner or detainee. The Commission notes that in one case death resulted from the inhalation of fumes from a fire extinguisher. Whilst recognising the difficulties of eliminating all such items which may be potentially dangerous the Commission recommends that Police and Corrective Services authorities should carefully scrutinise equipment and facilities provided at institutions with a view to eliminating and/or reducing the potential for harm. Similarly, steps should be taken to screen hanging points in police and prison cells. Government’s original position: Supported Revised government position: Supported Agencies responsible for implementation: Department of Corrective Services; Department of Juvenile Justice; Department of Health – Corrections Health; NSW Police Service Implementation report The NSW Police Service conducted a review of all cells in 1989 which identified hanging points and all other points of potential danger. Cells not decommissioned as a result of that review have been fully renovated to eliminate all identified dangers. Cell design is constantly being reviewed to eliminate any previously unidentified features used by prisoners to inflict self-harm. Remedial action is planned to address the issue of ‘hanging points’ in New South Wales Department of Corrective Services reception centres. Although it is not possible to renovate all cells in all reception centres, it is planned to renovate approximately 263 cells. of these 120 have been completed with work continuing on the remaining 143. Meetings have already 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 what basic adjustments are necessary in future correctional centre construction/renovations. The Department is currently making arrangements for a follow-up meeting in the very near future. Funding has been approved for the construction of drug/alcohol detoxification units at Mulawa Correctional Centre (female) and the Metropolitan Remand and Reception Centre, Silverwater (MRRC). The MRRC facility is already operational. This 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 a capacity to accommodate 2 inmates. This Unit is due to receive its first intake in mid March 1999. 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. Implementation status Partially implemented Future reporting in Part A
Exchange of information between Police and Corrective Services That machinery should be put in place for the exchange, between Police and Corrective Services authorities, of information relating to the care of prisoners. Government’s original position: Supported Revised government position: Supported Agencies responsible for implementation: Department of Corrective Services; Department of Juvenile Justice; NSW Police Service Implementation report There are no formal mechanisms specifically for the purpose of exchanging information in relation to the general issue of caring for detainees. However, the NSW Police Service, the Department of Corrective Services, and the Department of Juvenile Justice are all members of the Standing Committee of Chief Executive Officers of Criminal Justice Agencies. Policy issues of significance are discussed at these meetings. The procedures for transferring information in relation to the care of detainees are outlined in Chapter 1, Part A. Implementation status Partially implemented Future reporting in Part A |
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