To the Minister for Corrections
We write to urge the Government to implement the recommendations made by the NSW Ombudsman in his Investigation into inmate discipline in NSW correctional centres (2024).
As you are aware, that investigation found ‘maladministration at all steps in the disciplinary process’, and a ‘systemic failure’ across all NSW correctional centres to follow laws and policies governing discipline of incarcerated people. The Ombudsman found that these failures resulted in ‘unjust outcomes and potentially unlawful decisions’. The report made 34 recommendations for comprehensive reform of the discipline system.
Correctional centre offences can carry harsh punishments including solitary confinement, being banned from phone calls and in-person visits and potentially extending the time people spend behind bars.
Corrective Services NSW (‘CSNSW’) initially accepted all recommendations of the Ombudsman’s report and made meaningful progress in implementing those recommendations between October 2024 and July 2025.
However, momentum has stalled since that time. And legislative reform that lowered the standard of proof for correctional centre offences from the criminal standard of ‘beyond reasonable doubt’ to the civil standard of ‘on the balance of probabilities’ is a significant step backwards. Lowering the standard of proof was directly contrary to the Ombudsman’s recommendations.
In March 2026, the Ombudsman took the extraordinary step of tabling a ‘default in consequent action’ report in Parliament, out of concern about the NSW Government lowering the standard of proof contrary to his recommendations and failing to progress reform to the discipline system in line with his recommendations. The Ombudsman issued a number of supplementary recommendations, including that the standard of proof change be reversed, at least for more serious offences.
We share the Ombudsman’s concerns and strongly oppose the decision to lower the standard of proof for correctional centre offences. This was a regressive reform which cannot, and does not, address the systemic failures identified in the Ombudsman’s report. Those failures include:
- incarcerated people being charged with multiple offences for the same conduct, or with an inapplicable offence;
- incarcerated people being convicted of offences in circumstances where it was clearly not open to the decision-maker to have found the offence proven to the requisite legal standard;
- behaviour being dealt with through the disciplinary process in circumstances where the behaviour (such as self-harm) should have been addressed through mental health support;
- the recording of guilty pleas despite an incarcerated person indicating that they contested the charge; and
- incarcerated people being subject to multiple penalties or penalties that exceeded the lawful maximum.
Our organisations remain strongly opposed to the lowering of the standard of proof for correctional centre offences. We are particularly concerned that these reforms disproportionately impact Aboriginal and/or Torres Strait Islander people and people with cognitive impairments, disabilities, and mental illness, expose incarcerated people accused of correctional centre offences to increased risk of serious psychological and physical harm, and increase the risk of deaths in custody. These harms are both foreseeable and preventable.
We agree with the NSW Ombudsman that findings of guilt for serious offences with serious punishments on anything other than the standard of ‘beyond reasonable doubt’ is ‘unjust and unreasonable, and inconsistent with the principles of a fair trial and the presumption of innocence.’ This change must be reversed.
Together, we call on you to re-affirm the government’s commitment to improve the discipline process for incarcerated people and ensure compliance with all legal and procedural fairness requirements, by implementing the NSW Ombudsman’s recommendations and supplementary recommendations in full.
We also recommend the NSW Government phase out confinement and limitations on in-person visits and phone calls as punishments for correctional centre offences. These punishments are contrary to the rights, wellbeing and inherent dignity of incarcerated people and do little to reduce recidivism. They do not create safer correctional centres, or communities.These steps are necessary to ensure a fairer, more effective and accountable system, which upholds the rights of incarcerated people and is consistent with fundamental principles of procedural fairness. Failure to take these steps risks compounding harm and trauma, contrary to the correctional system’s objectives of providing a safe, secure and humane environment for incarcerated people and providing for rehabilitation with a view to reintegration into society.
Signatories:
Aboriginal Legal Service NSW/ACT
ANTAR
Australian Lawyers Alliance
Australian Lawyers for Human Rights
Community Legal Centres NSW
Human Rights Law Centre
Intellectual Disability Rights Service
Inner City Legal Centre
The Shopfront Youth Legal Centre
Justice Action
Justice and Equity Centre
Keeping Women Out Of Prison Coalition (KWOOP)
National Justice Project
NSW Council for Civil Liberties
Redfern Legal Centre
Weave Youth and Community Services
