Recommendation 145

This recommendation is assigned to CSNSW.

Recommendation

Summary: Cell visitor schemes should be available, government should negotiate with local aboriginal groups and organisations to establish a scheme as well as assisting in managing and operating the scheme.

Duty of care of custodians is not lessened by the cell visitor scheme. Aboriginal participants should be approved by the local aboriginal communities/organisations as well as local practice requirements.

That:
a. In consultation with Aboriginal communities and their organisations, cell visitor schemes (or schemes serving similar purposes) should be introduced to service police watch-houses wherever practicable; 

b. Where such cell visitor schemes do not presently exist and where there is a need or an expressed interest by Aboriginal persons in the creation of such a scheme, government should undertake negotiations with local Aboriginal groups and organisations towards the establishment of such a scheme. The involvement of the Aboriginal community should be sought in the management and operation of the schemes. Adequate training should be provided to persons participating in such schemes. Governments should ensure that cell visitor schemes receive appropriate funding;

c. Where police cell visitor schemes are established it should be made clear to police officers performing duties as custodians of those detained in police cells that the operation of the cell visitor scheme does not lessen, to any degree, the duty of care owed by them to detainees; and 

d. Aboriginal participants in cell visitor schemes should be those nominated or approved by appropriate Aboriginal communities and/or organisations as well as by any other person whose approval is required by local practice.

Context

At the commencement of Chapter 24.1 the Royal Commission report stated that issues dealing with Police and prison custody deaths would be dealt with separately in different chapters as the issues were quire distinct. Since the time of the RCIADIC report, Corrective Services NSW (CSNSW) has taken operational responsibility for some police/court cells. The Royal Commission interim report recognised the importance for Aboriginal prisoners to have access to outside support whilst in custody and in response to that report Aboriginal Visitor Schemes were established in a number of States. Recommendation 145 is directed at ensuring that visitor schemes are sufficiently able to achieve the intention that the Royal Commission identified, to reduce the incidence of deaths in custody by providing a support mechanism for Aboriginal people taken into custody.  This recommendation is primarily directed at NSW Police, however CSNSW has responded as far as it relates to CSNSW.

Detail of implementation

Visitor Schemes relating to detention cells run by CSNSW

The Inspector of Custodial Services operates an Official Visitors scheme to monitor CSNSW facilities, including CESU locations. Official Visitors are independent community members who:

• make enquiries and complaints from inmates.
• work with centre staff to resolve enquiries and complaints from inmates.
• escalate issues that cannot be resolved locally.
• monitor the conditions and treatment of inmates.

Official Visitors also submit reports which assist the Inspector and CSNSW to identify broader issues within the custodial environment.

The Aboriginal Legal Service (ALS) are notified by Police when any Aboriginal person comes into custody and may attend a CESU location if required.

CSNSW Regional Aboriginal Support Officers (RAPOs) are also available to attend a CESU location if required.

There are no routine Aboriginal-run detention visitor schemes in court cells managed by CSNSW as they are not physically suitable for visits. Inmates are transferred into a correctional centre at the earliest opportunity and visitation processes commence after the reception and induction process is completed.

Visits may occur in police/court cells under the following circumstances:

• An initial visit for fresh custody inmates at 24-hour cell locations in country regions at the discretion of the Officer in Charge (OIC).
• Where a large substantial bail undertaking is involved.  These may be permitted by the OIC in the presence of the legal representative and/or interpreter.

As per COPP 10.5.1.5 Legal representatives are permitted non-contact booth visits in Court/Police cell locations run by CESU. Legal representatives also have access to audio visual link or telephone to gain contact with their clients, including Police Bail Refused persons. 

Correctional Centres

At correctional centres, initiatives including ones from the Prison Fellowship Australia have a team of volunteers that visit offenders. The in-prison team provides consolation and encouragement, as well as spiritual and emotional support, helping prisoners begin the journey of transformation. Regular visits with a volunteer or chaplain help prisoners to form a positive worldview and discover their identity, intrinsic value, and worth.

NSW Police Force (NSWPF) Aboriginal Custody and Victim Support Groups

The Aboriginal Custody and Victim Support Group’s primary function is to provide support to Aboriginal offenders held in NSWPF custody and Aboriginal victims of crime.

The aims of custody and victim support is to:

• To reduce the number of Aboriginal people entering the criminal justice system.
• Contribute to and participate in raising cultural awareness for police.
• Improve the relationship between Police and Aboriginal people.
• Aboriginal members to gain a better understanding of police practices and procedures.
• Provide a service to meet the needs of Aboriginal victims of crime.
• Provide appropriate support to Aboriginal persons arrested or detained in custody.

Aboriginal Custody and Victim Support persons may be called on by Police on a twenty-four-hour basis. Police will generally contact an Aboriginal Custody and Victim Support person, as well as the required contact of the Aboriginal Legal Service, for the person arrested or detained for both juveniles and adults, if required. Support for victims will be on a need’s basis.

Members of Aboriginal Custody and Victim Support Groups are volunteers who can be called on by police on a 24-hour basis. It is the responsibility of the Police Area Command (PAC) or Police District (PD) to ensure that these volunteers receive appropriate education and practical support, such as assistance with transport if necessary. NSWPF must ensure that the Aboriginal community is aware of the Custody and Victim Support Group and gather support from the community to convene a group in their PAC or PD. All potential members must undergo a police and Working with Children check.

Commitment and dedication by Aboriginal Custody and Victim Support persons demonstrates the community is determined to maintain positive relationships between police and Aboriginal people. NSWPF will continue to establish and maintain Aboriginal Custody and Victim Support across NSW.

Evidence

•  COPP 10.5 Visits from legal practitioners and their employees or agents