The role of the Ombudsman in identifying and preventing corruption in corrections

Speakers:
Jennifer Agius
Manager, Corrections and Compliance, NSW Ombudsman
Forbes Smith
Deputy Ombudsman, Qld Ombudsman

Abstract:
NSW has the largest correctional system in Australia. The Department of Corrective Services (DCS) employs almost 7 000 people to run 31 correctional centres accommodating more than 10 000 inmates, as well as community operations managing around 18 000 offenders, including those in community based centres.

Nearly everyone who works in a correctional system has opportunities on a daily basis to be a key decision maker about important matters affecting both the day-to-day and long term management of inmates and offenders. These staff members have much discretion available to them in making those decisions and recommendations and, so, sound policy guidance is integral to ensuring their discretion is exercised fairly.

It is a complex task to prevent and detect corruption in such a large system and this substantially increases the importance and relevance of accountability and transparency measures within the system itself. It is in this area, in particular, that the activities of the NSW Ombudsman can help to eliminate opportunities for corrupt practices in the correctional system.

Corruption can be directly identified in different ways but the usual way is that either a complaint is made directly to the Ombudsman or the ICAC, or a notification is submitted to the ICAC by DCS. In many ways this can be the ‘easy’ part of the work because allegations contained in complaints or notifications draw attention to matters that can be investigated. The greater difficulty is in making sure the systems encourage people to identify potentially corrupt conduct or practices and to bring them forward, and that there are the checks and balances in place for reviewing decisions and actions that have the potential for being corruptly influenced.

Our most important tool therefore lies in general oversight, with particular emphasis on ensuring the department’s own complaint handling policies and whistleblowing procedures are sound and workable. Our experience is that a correctional system in which inmates and staff are able to raise their grievances or complaints, and feel assured they will be dealt with reasonably and impartially, greatly reduces the opportunities for ongoing corruption.

This discussion will look at how inquiring into inmate complaints, managing Protected Disclosures from staff, visiting correctional centres and liaising with departmental staff are key components in this oversight, and how they play a part in preventing corruption in that system.