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Report on the NSW Government's Implementation of the Recommendations of the Royal Commission into Aboriginal Deaths in Custody
Aboriginal people to be in custodial facilities as close as possible to their families That Corrective Services effect the placement and transfer of Aboriginal prisoners according to the principle that, where possible, an Aboriginal prisoner should be placed in an institution as close as possible to the place of residence of his or her family. Where an Aboriginal prisoner is subject to a transfer to an institution further away from his or her family the prisoner should be given the right to appeal that decision. Government’s original position: Supported in principle Revised government position: Supported Agencies responsible for implementation: Department of Corrective Services; Department of Juvenile Justice Implementation report The Inmate Classification and Placement Branch of the Department of Corrective Services 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 Inmate Classification and Placement Branch has developed the position of Manager Classification Indigenous Programs. This position will have an overarching role to oversee decisions made by Classification Committees and provide specialist advice when required or requested. This will ensure programs conducted have appropriate Aboriginal representation. It is anticipated that this position will be on-line within the next six months. 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, for 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. Inmates involved in the program 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 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. Inmates at Ivanhoe will be available to undertake community projects and also provide a Mobile Outreach Program. The Mobile Outreach Program will service the wider community and undertake community projects with Aboriginal communities and the National Parks and Wildlife Service. 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 enabled an option for women. 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 achieve this. 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. Implementation status Partially implemented No further reporting
Funding of family visits to the prisoner, if the family are not closely located That where it is found to be impossible to place a prisoner in the prison nearest to his or her family sympathetic consideration should be given to providing financial assistance to the family, to visit the prisoner from time to time. Government’s original position: Supported Revised government position: Supported Agencies responsible for implementation: Department of Corrective Services; Department of Juvenile Justice Implementation report The Department of Corrective Services has adopted this recommendation as policy. The Operations Procedures Manual provides for travel and accommodation assistance to be made available to visitors of inmates. The Department’s Welfare Officers are responsible for the Travel and Accommodation Assistance Scheme for families visiting inmates. Welfare Officers, as a matter of course 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. 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 Department of Juvenile Justice encourages visits by family and friends and funding is provided to disadvantaged families for visits to young people. The Department pays travel and accommodation costs incurred by families during visits and managers and, caseworkers in juvenile detention centres advise them of the availability of funding and accommodation. The release of the Residents Handbook (October 1998) and Parent Handbook (April 1999) also provides information regarding the help available for such expenses. Previously reviewed policies for family visits and telephone calls have been implemented. The new procedures enable flexibility for mid week and longer visits and increased telephone contact. Caseworkers at the centres monitor family contact and liaise with families to arrange more frequent contact if considered necessary. Funds for travel and accommodation visits in 1998 are not able to be broken down to identify Aboriginal and Torres Strait Islander expenditure. However the overall amount used for family visiting expenses was $113,389.27. Implementation status Fully Implemented Future reporting in Part A
Family visits should occur with the minimum of supervision That all correctional institutions should have adequate facilities for the conduct of visits by friends and family. Such facilities should enable prisoners to enjoy visits in relative privacy and should provide facilities for children that enable relatively normal family interaction to occur. The intervention of correctional officers in the conduct of such visits should be minimal, although these visits should be subject to adequate security arrangements. Government’s original position: Supported Revised government position: Supported Agencies responsible for implementation: Department of Corrective Services; Department of Juvenile Justice Implementation report A Visits Management Plan was developed by the Department of Corrective Services and endorsed by the former Commissioner of Corrective Services on 20 November 1995. The plan evolved as a consequence of a statewide survey of correctional centre visitors which was undertaken in 1994 following extensive consultation and direct input from two community agencies, Justice Action and CRC Justice Support. The Plan identified areas of focus which included: policy and procedure; service and programs; capital works and technology. “Issues”, “action required” and “responsibility” were specifically addressed. 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 which in the main related to 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 of Juvenile Justice provides family contact areas in all juvenile justice centres. All centres have now completed the upgrading and provision of facilities for family visiting areas. The new Dubbo, Grafton and Mt Penang centres will also include new indoor and outdoor visiting areas. Implementation status Partially implemented Future reporting in Part A
Employment and role of complaints officers in custodial institutions That consideration should be given to the establishment in respect of each prison within a State or Territory of a Complaints Officer whose function is:
(b) to take such action as the officer thinks appropriate in the circumstances; (c) to require any person to make inquiries and report to the officer, (d) to attempt to settle the complaint; (e) to reach a finding (if possible) on the substance of the complaint and to recommend what action if any, should be taken arising out of the complaint; and (f) to report to the complainant, the senior officer of the prison and the appointing Minister (see below) the terms of the complaint, the action taken and the findings made. This person should be appointed by, be responsible to and report to the Ombudsman, Attorney-General or Minister for Justice. Complaints receivable by this person should include, without in any way limiting the scope of complaints, a complaint from an earlier complainant that he or she has suffered some disadvantage as a consequence of such earlier complaint. Government’s original position: Supported Revised government position: Supported Agencies responsible for implementation: Department of Corrective Services; Department of Juvenile Justice; Ombudsman’s Office Implementation report An Official Visitor is appointed to every correctional centre in New South Wales. Official Visitors perform an inspectorial and problem solving role and report to the Minister for Corrective Services on a regular basis. Official Visitors have relatively free access to the records and personnel of the Department of Corrective Services. All inmates, including Aboriginal inmates have access to Official Visitors, the Ombudsman, the Anti-Discrimination Board and the Independent Commission Against Corruption. Official Visitors are required to visit correctional centres, as a minimum, on a monthly basis. However, an agreement has been in place for a number of years that all Official Visitors visit their correctional centres on a fortnightly basis. In some instances, by arrangement with the Governor, the Official Visitor may visit more often. There are seven Ministerially appointed Official Visitors to Juvenile Justice Centres. There is no Official visitor appointed to the Broken Hill facility and the position at Reiby JJC is currently vacant. Official Visitors provide independent monitoring and evaluation of residential conditions and services. They also facilitate the protection of the human rights of juvenile detainees and assist in the resolution of grievances. Official Visitors prepare written reports to the Minister every six months. A new complaints management policy has been introduced. The NSW Ombudsman oversights 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 every 12 months. Broken Hill Correctional Centre is usually visited once every 12 months due to the distance and cost of travel involved. Section 12(3) of the Ombudsman Act 1974 places a legal obligation upon public authorities or other persons having superintendence over 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 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. Amendments to section 37 of the Ombudsman Act 1974, proclaimed in 1995, created an indictable offence for a person “who uses, causes, inflicts or procures any violence, punishment, damage, loss or disadvantage to any person for or on account of (a) his or her making a complaint to the Ombudsman, or (b) his or her assisting the Ombudsman, or (c) any evidence given by him or her 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 by the most informal means possible and appropriate. 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 also employs an Aboriginal Complaints Officer (ACO) that 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 have a 3 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 recognises the importance of the availability of Aboriginal staff to deal with Aboriginal people in cases where such is appropriate. Implementation status Partially implemented Future reporting in Part A
Segregation of Aboriginal inmates to be avoided but minimum standards to apply if used That Corrective Services should recognise that it is undesirable in the highest degree that an Aboriginal prisoner should be placed in segregation or isolated detention. In any event, Corrective Services authorities should provide certain minimum standards for segregation including fresh air, lighting, daily exercise, adequate clothing and heating, adequate food, water and sanitation facilities and some access to visitors. Government’s original position: Supported Revised government position: Supported Agencies responsible for implementation: Department of Corrective Services; Department of Juvenile Justice Implementation report The Department of Corrective Services 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 recent review of segregation within the Intensive Case Management Program for high risk inmates emphasises the above minimum standards. The use of segregation by the Department of Juvenile Justice is regulated by legislation and departmental policies. There have been no changes to the regulation and departmental policies for segregation. The Manager of a juvenile justice centre may segregate a detainee if he or she believes on reasonable grounds that segregation should take place in order to protect the personal safety of the detainee or any other person. The Children (Detention Centres) Act 1987 provides for the following minimum conditions:
Segregation is used only as an option of last resort and is subject to close observation procedures. Any instance of segregation requires the Centre Manager to record all particulars of the segregation and to forward copies of the record to the detainee and to the Director General within 24 hours of the segregation taking place. Staff are required to conduct physical checks on detainees in segregation, regardless of video surveillance in rooms. Physical checks are at a maximum of twenty-minute intervals. The time frame is reduced according to the young person’s needs. During 1998, 13 Aboriginal detainees were segregated for the following reasons:
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 expected that the use of segregation will decrease. In the Report of the NSW Ombudsman’s Inquiry into Juvenile Justice Centres, the Ombudsman recommended that, as a matter of urgency, all confinement rooms should be reviewed and upgraded to ensure they have satisfactory lighting, heating and cross ventilation; and that they are suicide proof. The Department is in the process of upgrading juvenile justice centres. In this process, it is ensuring all confinement rooms have proper lighting and heating, ventilation and sanitation. All new centres will be constructed to meet these standards. As part of the department’s Maintenance and Capital Works Program, electronic monitoring systems have been repaired and replaced and installed within old and new centres. Implementation status Partially implemented Future reporting in Part A
Facilitate establishment of Aboriginal support groups within institutions That Corrective Services authorities should make a formal commitment to allow Aboriginal prisoners to establish and maintain Aboriginal support groups within institutions. Such Aboriginal prisoner support groups should be permitted to hold regular meetings in institutions, liaise with Aboriginal service organisations outside the institution and should receive a modest amount of administrative assistance for the production of group materials and services. Corrective service authorities should negotiate with such groups for the provision of educational and cultural services to Aboriginal prisoners and favourably consider the formal recognition of such bodies as capable of representing the interests and viewpoints of Aboriginal prisoners. Government’s original position: Supported Revised government position: Supported Agencies responsible for implementation: Department of Corrective Services; Department of Juvenile Justice Implementation report The Department of Corrective Services’s education branch, the Adult Education and Vocational Training Institute (AEVTI) provides for Aboriginal Peer Support Groups as part of the Department’s sponsored Strategic Plan for Technical And Further Education (TAFE) NSW provision for Aboriginal inmates. The Strategic Plan for developing education programs for Aboriginal inmates is specifically designed to utilise the Aboriginal Peer Support Group within each institution in the planning stage for education courses. 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. In addition to this the HIV and Health Promotion Unit (HHPU) and the Alcohol and Other Drug Service both have implemented Aboriginal Peer Support Groups to support the provision of targetted projects for Aboriginal inmates. Mt Penang, Worimi, Reiby, Minda and Keelong juvenile justice centres have established Community Consultative Committees which have Aboriginal and Torres Strait Islander community representatives. As a priority for 1999 Cobham, Yasmar and Riverina will be re-establishing their committees. Kariong is exempt from establishing such a committee. Implementation status Partially implemented Future reporting in Part A
Aboriginal prisoners to have access to education, training and work That Corrective Services authorities ensure that all Aboriginal prisoners in all institutions have the opportunity to perform meaningful work and to undertake educational courses in self development, skills acquisition, vocational education and training including education in Aboriginal history and culture. Where appropriate special consideration should be given to appropriate teaching methods and learning dispositions of Aboriginal prisoners. Government’s original position: Supported Revised government position: Supported Agencies responsible for implementation: Department of Corrective Services; Department of Juvenile Justice Implementation report The Department of Corrective Services 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 Creative Work Centre has been established at Bathurst Correctional Centre. Inmates create Aboriginal craft work and actively market, distribute and sell their work. 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. At the present time approximately 60% of Aboriginal inmates attend education and vocational training programs. A further 8400 hours of the 28094 total hours provided by TAFE under the Departments Memorandum of Understanding are dedicated to Aboriginal education and training courses. 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 people are recruited to conduct these specialised programs. All juvenile justice centres provide culturally specific courses and programs for Aboriginal and Torres Strait Islanders in the Learning Centre. The Department of Education and Training employs 16 Aboriginal Education Assistants in eight of the Community Care Schools within juvenile justice centres. Further support is provided through the distribution of Aboriginal education resources to Aboriginal staff at these schools. All Aboriginal specific programs and courses are delivered by an Aboriginal person/s. In developing programs and courses Aboriginal and Torres Strait Islander people are consulted for cultural appropriateness. Implementation status Partially implemented Future reporting in Part A Recommendation Number 185 DEET develop strategy for training and education in institutions That the Department of Education, Employment and Training be responsible for the development of a comprehensive national strategy designed to improve the opportunities for the education and training of those in custody. This should be done in cooperation with state Corrective Services authorities, adult education providers (including in particular independent Aboriginal controlled providers) and State departments of employment and education. The aim of the strategy should be to extend the aims of the Aboriginal Education Policy and the Aboriginal Employment Development Policy to Aboriginal prisoners, and to develop suitable mechanisms for the delivery of education and training programs to prisoners. Government’s original position: Supported Revised government position: Supported Agencies responsible for implementation: Department of Corrective Services Implementation report The Department of Corrective Services in conjunction with the Murrumbidgee College of Agriculture, NSW National Parks and Wildlife Service, 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. The Adult Education and Vocational Training Institute (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, Bathurst Correctional 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. In addition, 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. Implementation status Partially implemented No further reporting |
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