BackDuring an investigation concerning the separation of a prisoner from the general population of Port Augusta Prison (PAP) to G Division of Yatala Labour Prison (YLP), the Ombudsman South Australia found that the Department of Correctional Services had, first, failed to document confidential intelligence and an operational risk assessment. Second, the Department's direction that a prisoner be kept separately and apart from other prisoners was unjust. The Ombudsman is concerned that the Department has indicated that it may not implement some of his recommendations.
The complainant was separated from other prisoners due to "inciting and disruptive behaviour" in December 2016. He first contacted the Office of the Ombudsman in February 2017, after his requests to be transferred out of G Division had been denied. He submitted that the G Division regime was "playing with his head" and that he had commenced "talking to myself". The complainant was subsequently transferred to the general population of YLP in March after 66 days.
On the basis of the investigation that lasted until September 2017, the Ombudsman now reported that the Department would presumably be unable to meaningfully explain or justify its decision to transfer and separate the complainant. Moreover, in the absence of any written record of the basis for the decision, it is impossible to determine whether the discretion to separate the complainant was exercised on appropriate grounds.
The Ombudsman therefore found
- that the department’s failure to document confidential intelligence and an operational risk assessment was unreasonable and
- that the Department’s failure to revoke a direction that a prisoner be kept separately and apart from all other prisoners for a period of 66 days was oppressive.
The Ombudsman noted with concern that the Department has indicated that it may not implement some of his recommendations. In particular, the Department submitted that it does not consider that there was a failure to document confidential intelligence. It also maintained that it was "appropriate to separate [the complainant] based on information that indicated [the complainant] was a threat to the institution’s security".
In accordance with the Ombudsman Act, the Department now has until 1 November 2017 to report to the Ombudsman Office on what steps have been taken to give effect to the recommendations. In the event that no action has been taken, reasons for the inaction should be provided.
Read the full report below.
Source: Ombudsman South Australia
