Recommendation 163

This recommendation is assigned to Corrective Services NSW.

Recommendation

That police and prison officers should receive regular training in restraint techniques, including the application of restraint equipment. The Commission further recommends that the training of prison and police officers in the use of restraint techniques should be complemented with training which positively discourages the use of physical restraint methods except in circumstances where the use of force is unavoidable. Restraint aids should only be used as a last resort

Context

In two of the deaths investigated lack of training and the unavailability of appropriate restraint aids were factors in the death. Recommendation 163 is directed at ensuring this training also stresses that training in the management of violent. Angry or distressed prisoners should positively discourage the use of physical methods of restraint unless the use of force is unavoidable.

Details of implementation

The Crimes (Administration of Sentences) Regulation 2014 (CAS Regulation) provides, at clause 131, parameters on the use of force in dealing with inmates:

(1)  In dealing with an inmate, a correctional officer may use no more force than is reasonably necessary in the circumstances, and the infliction of injury on the inmate is to be avoided if at all possible.

(2)  The nature and extent of the force that may be used in relation to an inmate are to be dictated by circumstances, but must not exceed the force that is necessary for control and protection, having due regard to the personal safety of correctional officers and others.

(3)  If an inmate is satisfactorily restrained, the only force that may be used against the inmate is the force that is necessary to maintain that restraint.

Use of force

In 2019, the Commissioner of Corrective Services endorsed the establishment of a Review Committee to consider the assessment and review of Tier 1 uses of force (UOF). This work was done with support from the Independent Commission against Corruption (ICAC) and in response to its Operation Estry investigation. The tiered model for reviewing UOF provides a higher level of scrutiny and independent oversight. As part of the tiered model, a standing committee is required to review all Tier 1 UOF. The Committee’s purpose is to review all Tier 1 UOF incidents involving CSNSW employees and make a determination.

Tier 1 UOF incidents include:

• An inmate injured during the use of force and was escorted to an external hospital / medical facility for medical treatment as a result of the use of force
• A staff member injured during the use of force and was taken to an external hospital/ medical facility for medical treatment as a result of the use of force
• Impact weapons [batons and firearms] used
• Chemical aids used
• Last reviewing officer was involved in use of force [Governor / MOS / FM]
• Force used on, or involving Visitors or Persons other than inmates
• Force used on a Juvenile Offender [As per Crimes (Administration of Sentences) Act 1999 – Sec 41C
• Restraint for medical treatment – Compulsory medical treatment of inmates generally, Emergency Sedation and/or Enforced medications
• Possibly an unreasonable, unwarranted, unjustified or excessive use of force.

The Committee is required to make findings. The Committee may choose to, take no further action, refer the matter to the Professional Standards & Investigations, prescribe local action or escalate the matter immediately to the Assistant Commissioner Delivery, Performance & Culture.

If local action is prescribed the relevant Assistant Commissioner must be notified before the advice or recommended action is issued by the Committee.

The advice or recommended action should be issued in writing to the General

Manager/Governor/MOS from the Committee. It is also noted that with the recent reform of CSNSW the review of randomly selected Tier 2 UOF now sits with Quality Assurance (QA) rather than OPRB. While the QA team is within CSNSW, they are separate from custodial operations which, allows for a more independent   approach to reviewing UOF. QA also currently undertake a randomised audit of up to 10% of UOF packages.

Reports on UOF

Clause 133 of the CAS Regulation requires use of force incidents, including incidents where restraints were used in a non-routine manner, be reported regardless of how little force was used or how little time restraints were applied. A correctional officer must report a use of force to the Governor in writing using the appropriate report form before ceasing duty. Officers must write their reports from their own recollection of events and independently from each other.

All use of force incidents, no matter how minor, must be reviewed impartially by an authorised reviewing officer who was not involved in the incident. The authorised reviewing officer must be a substantive Senior Assistant Superintendent/ Principal Correctional Officer or above. In correctional centres that do not currently have a substantive SAS / PCO, an appropriately trained Senior Correctional Officer or, acting as an SAS / PCO in a temporary appointment capacity, may act as the authorised reviewing officer. The review must be undertaken as soon as practicable.

Training

All trainee Correctional Officers complete defensive tactics training within the 10-week face to face Primary Training on commencement of employment. This training is largely conducted over a 5-day period by the Security Operations Group.

Trainee Correctional Officers must complete assessment requirements of the unit of competency titled CSCSAS009 Control incidents using defensive tactics during Primary Training. Key elements of this unit of competency include the following:

• Assessing the need to use defensive techniques;
• Applying defensive techniques;
• Containing incidents; and
• Evaluating responses.

The Security Operation Group (SOG) currently provides local training for correctional centres at the request of the Governor. One of the findings from the UOF Committee may be local training. In this instance the Governors/Manager of Security may reach out to SOG to conduct local training at the centre.

In addition to any local requests for training; instruments of restraint, physical restraint techniques and UOF regulations are also included in a suite of courses related to escort procedures, which is compulsory. The Escort Procedures Course is currently being delivered to all current correctional officers state‐wide. The Emergency Response Operators Course includes several physical restraint techniques – escalation and de‐escalation restraint options Brush Farm Academy are currently completing a redesign of the Correctional Officer Primary training and will be including a model of de‐escalation within the re‐design along with a new unit of competency:

CSCOFM047 Support offender to maintain positive relationships

Key elements of this new unit of competency include the following:

• Communicate with offenders in a manner appropriate to the offender’s needs and circumstance
• Respond to offender’s requests and concerns in an appropriate and consistent manner
• Maintain confidentiality and discretion according to procedures and individual agreements with offender Trainee Correctional Officers must complete training and assessment requirements inclusive of the units of competencies titled:
  • CSCORG043 Communicate effectively,
  • CSCSAS024 Manage conflict through negotiation and
  • CSCOFM025 Promote cooperative behaviour.

Key elements of these units of competency include the following:

• Use effective listening, non‐verbal techniques and speaking skills to confirm understanding
• Confirm the accuracy of the information to be provided using a range of sources and references to avoid misunderstanding
• Use strategies to resolve conflict that comply with organisational policies and procedures
• Use negotiation techniques that maintain positive interaction and minimise aggressive behaviour
• Ensure negotiation styles take into account social and cultural differences
• Recognise effects of stress in self and manage using recognised stress management techniques
• Conduct interactions with offenders in an appropriate location and in a positive manner
• Use communication strategies with individuals to promote effective interaction and problem solving
• Challenge unacceptable behaviour and encourage offenders to take responsibility and accountability for the outcomes of their behaviour
• Examine the cause and effect of unacceptable behaviour and use negotiation techniques to encourage offenders to change their behaviour

There are also the following eLearning Courses available through Thrive Learning for Correctional Officers.

First responding officer de‐escalation

A 30 min eLearning program with the following learning outcomes:

Duties of the First Responding Officer (DOFRO)

• Contain and Negotiate or Emergency Actions
• Gathering information and situational assessment
• De‐escalation techniques
• Active listening
• Non‐verbal communication
• Delaying tactics

While there is no limit on staff numbers for a UOF, the general rule is 3 officers for 1 inmate for a planned UOF e.g., cell extraction. All UOF is dictated by the inmate. Factors considered would be size or ability of inmate, weapons involved, location and staff capabilities etc. It is whatever is reasonable to safely restrain the person.

Positional asphyxia awareness and soft restraint training

The Corrective Services’ Security Operations Group conducts a course in Positional Asphyxia Awareness as part of Primary Training for new correctional officers. 1,915 new staff have been trained since October 2018.

An online short course – also named Positional Asphyxia Awareness – has also been developed by the Security Operations Group and the Academy. The training is mandatory for all custodial staff up to and including the rank of Functional Manager/Senior Assistant Superintendents. 

The Positional Asphyxia Awareness online short course was updated and released on 21 August 2020. As at 7 July 2022, there have been 4,819 completions of the updated online short course. 5,985 custodial officers had completed the previous online short course.  

All officers are required complete baton recertification training every two years, consisting of a practical theory assessment. This training occurs by a Field Training Officer (FTO) at the respective correctional centre. The training is signed off by a FTO and recorded in the officer’s learning history on Thrive. To become an FTO you must complete the Field Training Officer program with the Security Operations Group (SOG).

There is currently a trial of ‘Soft Restraint Pilot Phase Two’ training that is occurring at Surry Hills cells, Amber Laurel, Long Bay Hospital and Silverwater Women’s where officers are trained in the use of soft restraints.

There are other training courses available aside from the 10-week primary training, such as Emergency Response Operators Course (EROC), which officers can apply and be nominated to complete.

Any changes to the policy and procedures are updated in the COPP and all centre management are notified. Centre managers usually notify the staffing cohort and there is also a heading on the COPP that says ‘What’s Changed’ where any updated policies are listed by month of change. It is the custodial officer’s responsibility to keep current with any changes made to the policies.

Restraint parameters and policy

Clause 132 of the CAS Regulation provides parameters for the use of equipment for restraining inmates and stipulates:

(1)  With the concurrence of the governor, a correctional officer may use handcuffs, security belts, batons, chemical aids and firearms for the purpose of restraining inmates.

(2)  With the concurrence of the Commissioner, a correctional officer may also use the following equipment for the purpose of restraining inmates—

(a)  ankle cuffs,

(b)  other articles, other than chains or irons, approved by the Commissioner for use for that purpose.

Custodial Operations Policy and Procedures (COPP) - policy guidance at 13.7 Use of Force, Section 7: Restraint Equipment

Section 7.1

The COPP outlines that routine use of mechanical restraints or Local Operating Procedures (LOPs) may authorise correctional officers to routinely carry and use handcuffs, ankle cuffs or security belts for external escorts or internal movements.

In accordance with clause 133 of the C(AS) Regulation, restraint equipment routinely used on inmates in accordance with the COPP or LOPs does not have to be reported as a use of force provided that the following criteria are met:

• the inmate is restrained for the purposes of being moved from one location to another: and
• the move and use of restraint is required to be noted administratively. Examples of where routine use of mechanical restraints satisfies the above criteria are:
• Escort of an inmate according to a movement order/permit that includes a condition or requirement for an inmate to be restrained.
• An inmate management plan stipulating all internal movements for the inmate must be in handcuffs
• The use of restraints when moving an inmate between different areas of a correctional centre (or for the purpose of a cell search) and their use is administratively noted.

Section 7.2

In accordance with clause 132 of the C(AS) Act, the COPP outlines that correctional officers must have the Governor’s approval for the non‐routine use of mechanical restraints (handcuffs and security belts to restrain inmates) except where CSNSW policies or LOPs provide for routine use. A Governor may delegate this authority to the MOS or the OIC, however this must occur in writing. Only the Commissioner can approve the non‐routine use of ankle cuffs. All non‐routine use of mechanical restraint equipment on an inmate constitutes a use of force and must be reported as much.

Evidence

• COPP 13.7 Use of Force Section 7 (PDF, 9.3 MB)
• The Crimes (Administration of Sentences) Regulation 2014 Clause 131
• The Crimes (Administration of Sentences) Regulation 2014 Clause 133
• The Crimes (Administration of Sentences) Regulation 2014 Clause 132