In 2024, the NSW Ombudsman conducted research into inmate discipline in NSW correctional centres. In August that year the Ombudsman tabled the resulting report in the NSW parliament, with several recommendations. Some of the recommendations were very concerning to our members in NSW Corrections, particularly the proposed implementation of the standard of beyond reasonable doubt to disciplinary proceedings.  

This had the potential to lead to a dangerous situation, where inmates can avoid administrative misconduct findings because an inappropriate criterion was being applied. The criminal standard suggested by the Ombudsman would have required unrealistic timeframes and access to forensic techniques that are simply unavailable to our members, and would result in very few findings of guilt.

“Being unable to impose misconduct penalties would have created an environment where more than 10,000 of our members are exposed to inmates who believe they can break the rules with impunity,” said PSA CPSU NSW President Nicole Jess, herself a Senior Corrections Officer. ” “This would have placed our members, the general community and even other offenders at risk.”

As a result of the PSA raising this serious and concerning issue with the Government, a bill described by the union as “commonsense” was passed through both houses of parliament on 21 November that changes the standard of proof from beyond reasonable doubt, to the balance of probabilities standard.

“The speed that this bill has passed shows how urgently this reform was needed and we commend the Minns Government for listening to the PSA and acting so swiftly, and the Liberal and independent politicians who supported this common sense reform,” said Ms Jess.