The New South Wales Ombudsman has criticised recent prison discipline reforms introduced by the Minns government, warning they risk creating new injustices within the state’s correctional system.
The criticism follows a 2024 investigation that identified a systemic failure across correctional facilities to properly follow laws and internal policies when disciplining inmates.
NSW Ombudsman Paul Miller said the corrections department had initially provided regular updates on efforts to implement recommendations from the report, and the watchdog was satisfied with the progress until July last year.
However, Miller said the situation changed after the government introduced legislation that lowered the standard of proof required for prison disciplinary offences.
Under the new rules, allegations of inmate misconduct can be determined on the “balance of probabilities” rather than the previous threshold of “beyond reasonable doubt”.
The ombudsman said his office had explicitly advised against lowering the standard of proof.
He warned that the change could result in serious disciplinary findings being made against prisoners without the protections normally associated with higher evidentiary standards.
The new framework allows penalties for a range of prison rule breaches, including relatively minor conduct such as appearing untidy or eating food inside cells.
Miller also noted that courts in Canada and Europe have ruled similar attempts to lower evidentiary standards in correctional settings inconsistent with human rights principles.
The legislation was introduced after pressure from the Public Services Union, which represents prison officers.
