Last year, the NSW Ombudsman issued a report, which in part stated they had received complaints that inmates “were being inappropriately ‘targeted’ by less senior staff who were now making determinations.” And that the incorrect standard of proof had been applied.  This is resulting in disciplinary matters being heard by POVB members potentially being reviewed and dismissed.

The Public Service Association took action on the burden of proof and the NSW government have agreed to create a bill amending the Crimes (Administration of Sentences) Act  to change the standard of proof for inmate disciplinary matters from “beyond reasonable doubt” to “balance of probabilities”.  The changes must still proceed through parliament, but we are hopeful it will be supported by the majority.

The POVB have subsequently met with the Corrective Services NSW Deputy Commissioner, Corrective Services NSW Senior executives and relevant PSA stakeholders and our previous direction located HERE has been amended to permit Senior Correctional Officers whilst on Senior Assistant Superintendent Assignment to Role to undertake hearing inmate charges. 

The direction is still active for daily Higher Duties Acting into the Functional Manager roles, due to our ongoing concerns regarding the lack of training for members.