B.10 Prisoner Complaints (National Policy)

Policy Standard

Prisoner complaints are dealt with in a fair, timely and effective manner, at the lowest and most informal level.

Objectives of the Complaints System (section 152 of the Corrections Act 2004)

The Corrections Act 2004 defines the objectives of the complaints system. The objectives are:

• To enable complaints by prisoners (or former prisoners) to be dealt with internally on a formal basis.
• To ensure that prisoners are aware of the complaints system and are able to make a complaint if and when they want to, without fear of adverse consequences.
• To ensure that complaints are investigated in a fair, timely, and effective manner.
• To ensure that, if possible in the circumstances, complaints are dealt with reasonably promptly.
• To ensure that, if possible in the circumstances, complaints are dealt with at the lowest and most informal level.
• To ensure that all reasonable steps are taken to investigate complaints.
• To ensure that complainants are advised of the progress in the investigation of their complaints.
• To ensure that complaints are, to the extent possible, investigated in a culturally sensitive manner.
• To ensure that the identities of complainants are disclosed only to the extent necessary to assist in the investigation of complaints.

"Informal" versus "Formal" complaints processes

1. Staff dealing with prisoner complaints should always attempt to resolve the complaint informally before it gets to the "written" (and therefore "formal") stage.
   This will typically involve the staff member talking to the prisoner and as a result of this discussion agreeing to undertake some action that will result in the complaint being resolved to the prisoner's satisfaction.
2. However, if the complaint can not be resolved or is not resolved to the prisoner's satisfaction then the staff member who has been dealing with the prisoner's complaint informally should then ensure that the prisoner is made aware of the "formal" complaints process outlined in B.10.01 Prisoner Internal Complaints.

Performance Standards

1. The complaints process is explained to all prisoners within 24 hours of being received, and this information must include:
   • a description of the complaints system.
   • contact details for the Office of the Ombudsmen and the Inspector of Corrections. This information must clearly indicate that a prisoner may make a complaint to the Ombudsmen or an Inspector of Corrections at any time (including the ability for a prisoner to make a complaint to an Inspector of Corrections after they have been released).
2. Notices explaining the complaints process are prominently displayed on unit notice boards and in other common prisoner areas.
   Notices must provide information about how prisoners can obtain forms for making complaints / requesting for information, and the right for prisoners to request assistance, at any time, from Inspectors of Corrections or the Ombudsmen.
3. Complaints are documented, monitored, and entered on IOMS.
4. The Prison Manager must take all reasonable steps to ensure that the Prisoner Complaint Forms (B.10.01.F1) are readily available to prisoners as complaints must be received in writing.
5. Prisoners must be given assistance to make a complaint or verify any information provided (this can include assisting the prisoner to complete form B.10.01.F1).
6. Prisoners who have or appear to have:
   • A communication difficulty in English, or
   • Difficulties with oral or written communication,

   are given every assistance (including an interpreter where necessary) to fill out any required documents and prepare and present their case. They are provided with the opportunity to have any information recorded on any form or document outlining the complaint verified.

7. Complaints are dealt with fairly and responded to within the specified timeframe.
8. Every effort is made to resolve the issue at the lowest possible level within the organisation and in a timeframe that reflects the urgency of the request for the complaint.
9. If prisoner concerns cannot be dealt with at one level the matter is formally referred to the next level.
10. A staff member's response to a prisoner's issue is honest, accurate and culturally sensitive.
11. The identity of complainants is disclosed only to the extent necessary to assist in the resolution of complaints.
12. A Prison Manager's decision to refuse to investigate a complaint because he or she considers it to be frivolous or vexatious is made in consultation with the PS Assistant General Manager Operations at National Office.
13. A register of frivolous or vexatious complaints is maintained (including evidence that this decision has been made in consultation with the PS Assistant General Manager Operations at National Office).
14. A prisoner may have a support person attend during an interview, as long as that support person is not the prisoner's legal adviser.
15. Notices of future visits by an Inspector of Corrections or the Office of the Ombudsmen must be prominently displayed in each unit at least 24 hours before the visit.
16. An Inspector of Corrections must be given access to any person in a prison at which the complainant is / was detained and have access to any records that are relevant to the complaint for the purpose of investigating a complaint.
17. An Inspector of Corrections may at any time enter a prison and have access to all parts of the prison (including any vehicle used for the transportation of any prisoner during the complainant's period of detention) and prisoners for the purpose of investigating a complaint.
18. The Prison Manager must ensure that all reasonable steps are taken to facilitate interviews between an Inspector of Corrections and a prisoner (e.g. make interview rooms available and ensure that prisoners are available to attend interviews).