B.10.02 Official Agency Prisoner Complaints (National Procedure)

Procedure Standard

Prisoners are aware of their right to seek assistance from official agencies for the purpose of resolving complaints.

Complaint Investigation

1. Prisoners are able to seek assistance from official agencies (Inspector of Corrections or the Office of the Ombudsmen's representative) for complaint resolution.
2. Prisoners also are able to contact other official agencies (e.g. the Human Rights Commission, the Commissioner for Children, the Police Complaints Authority, the Health and Disability Commissioner, or the Privacy Commissioner) for complaint resolution.
3. For serious complaints a suitably qualified and independent person investigates, in a way that enables a prompt resolution to the allegation.
4. The Inspector of Corrections will monitor the conduct and outcome of any such investigation.

Official Agency Information

1. Notices of impending visits by an Inspector of Corrections or the Office of the Ombudsmen's representative, for the purpose of hearing complaints, are prominently displayed in Units.
2. Prisoners should be given the opportunity to obtain support people where appropriate.

Prisoners Contact with Official Agencies

1. Prisoners who wish to make a complaint to an Inspector of Corrections can make direct contact by calling the 0800 number or writing a letter. Prisoners who wish to have an interview with an Inspector can make this request by completing a 'Prisoner Complaint' form or ask for their name to be added to the list for an Inspector's upcoming visit.
2. Prisoners who wish to have an interview with an Inspector of Corrections do not have to tell any prison staff member why they want to have that interview.
3. Prisoners who wish to make a complaint to the Office of the Ombudsmen's representative can make direct contact by calling the 0800 number or writing a letter. Prisoners who wish to have an interview with the Office of the Ombudsmen's representative can ask the Prison Manager to pass on their request to the appropriate regional Ombudsmen's Office.

Timelines for referrals to Official Agencies

Inspector of Corrections The Prison Manager records the names of prisoners who wish to have an interview with the Inspector of Corrections. The Inspector of Corrections must, if practicable, provide the Prison Manager with at least 48 hours notice of an impending visit.

Office of the Ombudsmen's Representative

The Prison Manager sends names of prisoners seeking an interview to the appropriate regional Ombudsmen's Office (first week of each month).

Official Agency Recommendations

Where an official agency makes recommendations as a result of a complaint, these recommendations will be responded to in an appropriate manner.

Key Roles and Responsibilities

Prisoner

1. Attempt to resolve any complaint with Unit staff before lodging formal action with official agency.
2. Initiate contact with official agency to make a complaint.
3. Negotiate their interview with the official agency.

Unit Staff

1. Attempt to appropriately resolve any complaints raised during the informal contact with the prisoner.
2. Where required, advise prisoner of their ability to seek assistance from official agencies for the purpose of resolving a complaint.

Prison Manager

1. Ensures details of upcoming visits by an Inspector of Corrections or Ombudsmen's representative are prominently displayed.
2. Ensures prisoners are given at least 24 hours notice of the upcoming visits if an Inspector of Corrections or Ombudsmen's representative wishes to interview prisoners.
3. Take reasonable steps to facilitate interviews with official agencies.
4. If required, provides an oral briefing to the Inspector of Corrections or Office of the Ombudsmen's representative.

Official Agency Complaint Definitions

Complaint

A complaint exists when a prisoner, or other person acting in the interests of a prisoner, formally draws attention, either orally or in writing, to any action or outcome relating to Sentence Management which the complainant wishes to have investigated or reviewed.

Complaint Resolution

A complaint is resolved internally when:

1. All legal and reasonable steps have been taken to address the substance of the complaint; or
2. The complainant withdraws a complaint; or
3. It is referred on to an appropriate external complaint official agency; or
4. It is referred back to an appropriate lower level and 'agreed action' is taken.

Justified Complaint

Where a complaint to an Inspector requires the Inspector's intervention in order to bring about the correct outcome, that complaint will be deemed to be justified. Any of the following conditions may apply:

1. The action or outcome being complained of did not comply with the applicable legislation, operating standards or lawful local instructions.
2. The action or outcome being complained of was not safe, fair or reasonable in the circumstances.
3. The matter was not dealt with in a timely fashion upon being drawn to attention in the first instance.

Unjustified Complaint

A complaint is unjustified if upon being referred back to a lower level from a higher level where it has been received in the first instance, the matter is acknowledged at the lower level and resolved without requiring intervention by an Inspector.