A coalition of leading legal and First Nations organisations is calling on the NSW Minister for Corrections to reverse the Government’s egregious decision to lower the standard of proof for correctional centre offences and implement the NSW Ombudsman’s recommendations for reform of the NSW prisoner discipline system.
The coalition has sent an open letter just days ahead of the Minister’s deadline for a formal response to the NSW Ombudsman’s ‘default in consequent action’ report, which was tabled in NSW Parliament on 2 March 2026.
The Ombudsman took the extraordinary step of tabling the report out of concern about the NSW Government failure to progress reform to the prisoner discipline system in line with his 34 recommendations, made following a 2024 investigation, while also lowering the standard of proof, contrary to his recommendations.
The Minister’s response is due on 14 May 2026.
The coalition includes the 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 and Weave Youth and Community Services.
Comments attributable to Justice and Equity Centre Senior Solicitor Sophie Leaver:
‘By lowering the standard of proof, the NSW Government overrode a long-established legal standard and fundamental principle of criminal law: that guilt is proven beyond reasonable doubt.’
‘People in prison who are found guilty, even of minor offences like swearing or arguing with a guard, now face harsh punishments including solitary confinement, bans on in-person visits and extra time in prison, based on a finding on the balance of probabilities.’
‘This regressive change will be detrimental to prisoner rehabilitation.’
‘The Government is also ignoring the Ombudsman’s 34 recommendations to reform the prison discipline system, which would better protect the rights of people in prison and deliver a fair and safe system.’
‘Our coalition of legal and First Nations expert organisations are urging the Government to implement the Ombudsman’s recommendations, which came out of a comprehensive investigation.’
Media contact: Media and Communications Manager, Dan Buhagiar, 0478 739 280
