B.10.01 Prisoner Internal Complaints (National Procedure)

Procedure Standard

Internal prisoner complaints are dealt with at the lowest level possible, and referred through all internal levels of authority where necessary for resolution.

Requirements

R1 Frivolous or Vexatious Complaints

Prisoner Complaint Requests

1. Prisoners can request interviews with:
   • Unit Manager
   • Prison Manager
   • Principal Corrections Officer
   • Case Officer
   • Inspector
   • Ombudsman
   • Other

Note: Some prisoner complaint requests will be just a request for information. The same process for complaints is followed but the category selected on IOMS under complaints will be 'Request for Information'.

Procedure

When a prisoner asks an officer to give him or her a Prisoner Complaint Form (B.10.01.F1) because they want to make an internal complaint, the officer should attempt to resolve the issue before it progresses to the written stage.

If the officer's attempt to resolve the issue with the prisoner is not to the prisoner's satisfaction, the prisoner is given a Prisoner Complaint Form (B.10.01.F1) and the following actions are taken:

1. The prisoner completes the hard-copy Prisoner Complaint Form and hands it to the officer, who completes the 'receipt' part of the Form and hands it to the prisoner. The officer should tell the prisoner that within 24 hours they will be given a IOMS complaint form (that is numbered) for their records.
2. The officer inputs data from the hard-copy Prisoner Complaint Form by creating a new IOMS Complaint form (under the 'Miscellaneous' section on the menu bar). This is done within 24 hours of the officer receiving the hard-copy form from the prisoner. The hard-copy form is retained on the prisoner's file.
3. The officer 'saves and prints' the IOMS form (which will be automatically numbered) and copies are given to:
   • the prisoner
   • the person who will interview the prisoner

This is done within 24 hours of the officer receiving the completed form (B.10.01.F1).

4. The interview takes place, after which the person who interviews the prisoner completes the 'action agreed' section on IOMS, then 'saves and prints' the form.
5. The prisoner receives a copy of the IOMS form with the 'action agreed' section completed.
   1. Where the 'action agreed' is a referral to a person at the next level of delegated authority, the interviewing officer needs to ensure that this person is informed.
6. If there is no 'action agreed', or the prisoner is not happy with the outcome of the complaint, the Unit Manager advises the prisoner that they may seek assistance from external agencies through the external 'Complaints' process (including the contact details for these external agencies).

Complaint Response Times

1. Action shall be taken to resolve any complaint made by a prisoner within three (3) working days of the receipt of the Prisoner Complaint Form.
2. Where follow-up action is required of a person other than the Unit Manager, the prisoner shall be interviewed by the Prison Manager or another person in the prison who is able to resolve the issue - within seven (7) working days of the Prison Manager or other person being advised of the complaint.
3. Where the complaint is ongoing, the Interviewer should ensure that in monthly intervals the prisoner is notified in writing (using an update on the IOMS form and a copy given to the prisoner), and if practicable, orally, on the progress of the complaint.

'Action Agreed'

1. The 'action agreed' should include any decisions made by the Department as a consequence of the complaint or any actions taken by the Department in response to the complaint. Where practicable, this outcome of the complaint should be explained orally to the prisoner.

Nature of Complaint

1. Where a prisoner believes that the complaint concerns a person that the complaint will be forwarded to, and the prisoner writes the name of the person or persons who are the subject of the complaint on the form B.10.01.F1, the prisoner does not need to disclose the nature of the complaint and staff should not ask the prisoner about it.
2. If a complaint outlined in (1) above is received by a Corrections Officer / Senior Corrections Officer, the Corrections Officer / Senior Corrections Officer must refer this complaint to a Principal Corrections Officer (PCO) or Unit Manager for their action.
3. The PCO or Unit Manager that receives the complaint may require the prisoner to provide details of the complaint in writing, unless the complaint concerns that staff member. In this case, the complaint should be elevated to the next appropriate level e.g. Prison Manager who is not involved in the complaint. Where the complaint concerns the Prison Manager, the Prison Manager may refer the complaint to an Inspector of Corrections for action.

Request for Information

1. Where a prisoner is just requesting information, rather than making a complaint, the same process for making a complaint is followed. The category selected on IOMS for such a request is 'Request for Information'.

Key Roles and Responsibilities

Prisoner

1. Attempt to resolve any complaint with Unit staff before lodging formal action.
2. Complete section A of the Prisoner Complaint Form (B.10.01.F1).
3. Refer form to Unit staff / Case Officer.
4. Take part in the interview.

Support Person

1. Provides support to the prisoner rather than helping the prisoner present their concern.
2. Is not directly involved in presenting or responding to any legal issues or using any legal background.
3. Is able to act as an interpreter if necessary.

Unit Staff

1. Attempt to appropriately resolve any complaints raised during the informal contact with the prisoner.
2. If necessary, advises prisoner of the internal complaints process.
3. When required, provides assistance to the prisoner to make the complaint, including completing the Prisoner Complaint Form.
4. Where appropriate, ensures Prisoner Complaint Form, and IOMS information is actioned according to procedure.

Interviewer

1. Interviews the prisoner.
2. Promptly resolves prisoner concerns where possible.
3. Refers unresolved prisoner concerns to the next delegated level of authority.
4. Where the complaint is ongoing, ensures that at least monthly updates, in writing (and where practicable verbally), are provided to the prisoner.
5. Enters 'agreed action' information into IOMS, including any action that the Department has taken in response to the complaint or any decisions made as a consequence of the complaint.
6. Where appropriate, refers complaint to the next interviewer.

Unit Manager

1. Advises the prisoner that they may seek assistance from external agencies through the external 'Complaints' process (including the contact details for these external agencies) if there is no 'action agreed' on the complaint, or the prisoner is not happy with the outcome of the complaint.

Prison Manager

1. Takes action to resolve complaint where possible.
2. Investigates any unresolved complaint within 14 days of referral and ensures that the prisoner is kept informed of progress.
3. When required, updates IOMS.
4. Responsible for ensuring that all prisoners are given information about the complaints system within 24 hours of being received.
5. Ensures that the outcome of the complaint is notified to the prisoner in writing (a copy of the completed IOMS form), and where practicable, orally.
6. Ensures that if a prisoner is dissatisfied with the outcome of the complaint, that the prisoner is advised that they can make a complaint to the Office of the Ombudsmen or the Inspector of Corrections at any time and the contact details for these external agencies.
7. If considering refusing to investigate a complaint because it is frivolous or vexatious, consults with the Assistant General Manager Operations (AGM Ops) before making a decision.
8. Responsible for maintaining a register of all complaints not investigated because they are considered to be frivolous or vexatious (made up of completed IOMS forms B.10.01.F1 with evidence that this decision was made in consultation with the AGM Ops).
9. Ensures details of upcoming visits by an Inspector of Corrections or Office of the Ombudsmen's representative are prominently displayed.
10. Ensures prisoners are given at least 24 hours notice of the upcoming visits if an Inspector of Corrections or Office of the Ombudsmen's representative wishes to interview prisoners.
11. If required, provides an oral briefing to the Inspector of Corrections or Office of the Ombudsmen's representative.

Support Person

1. Provides support to the prisoner rather than helping the prisoner present their concern.
2. Is not directly involved in presenting or responding to any legal issues or using any legal background.
3. Is able to act as an interpreter if necessary.