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The special report is now available
In a report tabled on 2 March 2026, the NSW Ombudsman has called on the Minister for Corrections to respond to concerns that insufficient steps have been taken in due time to reform the inmate discipline system in response to the Ombudsman’s 2024 investigation.
‘The progress of NSW’s inmate discipline system reform’ report has been published under section 27 of the Ombudsman Act 1974. Reports under that section are infrequent and can be made only when the Ombudsman believes there has been an inadequate response to a previous investigation report and its recommendations.
In August 2024, Investigation into inmate discipline in NSW correctional centres identified systemic failures in how inmate discipline was managed across the state. While Corrective Services NSW (CSNSW) responded to accept all 34 recommendations from this report, and showed positive progress in implementing them, that momentum has significantly stalled.
"Up until July 2025, we were receiving regular updates from CSNSW, and were satisfied with the response to our report and the actions it was taking to implement our recommendations," said NSW Ombudsman, Paul Miller. “We commend CSNSW in particular for expeditiously working to introduce a legislated internal review avenue in respect of inmate discipline decisions.”
"However, we have not received any further official updates since that time. This has coincided with the Government’s decision to introduce legislation that has lowered the standard of proof for all correctional centre offences – something we had explicitly recommended should not be done."
"Lowering the standard of proof does not address the failures that were raised in our 2024 special report, or the need for comprehensive review and reform," Mr. Miller continued.
"In our view, lowering that standard for serious correctional offences introduces a new injustice. Serious correctional offences, many of which correlate with criminal offences, carry significant punishments. These can include cell confinement and the banning of phone or in-person visits. Guilty findings also create an offence record, which will be taken into account in future parole decisions, potentially impacting the time an inmate will spend behind bars.
“Findings of guilt for serious offences with serious punishments on anything other than the standard of ‘beyond reasonable doubt’ is, in our view, unjust and unreasonable, and inconsistent with the principles of a fair trial and the presumption of innocence.”
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Source: The Ombudsman New South Wales, Australia
