Information relating to the NSW Ombudsman’s recommendation to review and reform inmate discipline in NSW correctional centres

Date posted:

Pro-active release of Information1  

October 2025  

Context  

In August 2024, the NSW Ombudsman tabled a report in Parliament following its investigation into the administration of inmate discipline in correctional centres.  

The overarching conclusion in that investigation was that: 

  • There is a systemic failure to follow the requirements of the legislation and the relevant policies in relation to inmate discipline. In some cases, this is leading to unjust outcomes and potentially unlawful decisions. 
  • We saw maladministration at all steps in the disciplinary process, which was not confined to any particular centres or decision-makers.  

The Ombudsman made 34 recommendations, including that Corrective Services NSW:  

  • Undertake a comprehensive review of the inmate discipline framework and accompanying processes, including through any necessary stakeholder consultation, with the view to reforming the current framework, including through legislative amendment, to improve its fairness and effectiveness. 
  • The review and any subsequent reform should encompass the entire disciplinary process and aim to introduce legislated internal and external review and appeal rights on both findings and penalties imposed as a result of correctional centre offences.  

Proactive release of reform suggestions by Senior Counsel  

During the course of the Ombudsman’s investigation, legal advice was obtained from Senior Counsel (Simeon Beckett SC and Dev Bhutani).  

The Ombudsman then obtained a further advice from Senior Counsel comparing NSW’s inmate discipline system with those of other jurisdictions. In that advice, Senior Counsel put forward their suggestions for ways in which the NSW inmate discipline system could, in their view, be reformed. 

The NSW Ombudsman provided a copy of this advice to Corrective Services NSW in July 2024.   

The Government has recently announced that it will introduce legislative changes to the inmate discipline system.  

In those circumstances, the Ombudsman has decided that it is in the public interest to pro-actively release the Senior Counsel advice, in order to contribute to an informed public and Parliamentary debate.  

In doing so, we note that the particular views and suggestions of Senior Counsel are not necessarily those of the NSW Ombudsman.  

 

Our full report can be accessed here  

Senior Counsel’s legal advice can be accessed here 


[1] Section 7 of the Government Information (Public Access) Act 2009 (NSW).

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Journey Together artwork

We acknowledge the traditional custodians of the land on which we work and pay our respects to all Elders past and present, and to the children of today who are the Elders of the future.

Artist: Jasmine Sarin, a proud Kamilaroi and Jerrinja woman.