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News and Investigations

Investigation Into Serco’s Actions Following Incident at Clarence Correctional Centre

“Unreasonable and oppressive” lockdown in Australia’s largest prison may be the subject of a class action

Linda Doherty

Following a number of complaints from inmates, the NSW Ombudsman investigated Serco’s response to an assault at Clarence Correctional Centre. On September 21, 2023, a single inmate assaulted a correctional officer in a violent act which was heavily condemned by the Ombudsman. However, the report’s focus was on a series of retaliatory actions by Serco (a security multi-national company that operates at Clarence) on inmates who were not involved in the assault. These included locking down an entire wing housing 175 individuals for five days and placing three bystander inmates into solitary confinement.

The report stated that these actions were  “not warranted for the purposes of maintaining the good order and security of the centre,” and were “unreasonable and oppressive.”

The northern NSW prison also charged 34 inmates who witnessed the assault and 33 inmates were placed on “Behavioural Management Contracts” which allows for  people to be held in their cells for up to 22 hours a day, for a maximum period of eight weeks.

The Ombudsman report found that charges were laid and sanctions imposed “despite a lack of reasonable evidence.”  

Following a number of complaints from inmates, the NSW Ombudsman investigated Serco’s response to an assault at Clarence Correctional Centre. On September 21, 2023, a single inmate assaulted a correctional officer in a violent act which was heavily condemned by the Ombudsman. However, the report’s focus was on a series of retaliatory actions by Serco (a security multi-national company that operates at Clarence) on inmates who were not involved in the assault. These included locking down an entire wing housing 175 individuals for five days and placing three bystander inmates into solitary confinement.

The report stated that these actions were  “not warranted for the purposes of maintaining the good order and security of the centre,” and were “unreasonable and oppressive.”

The northern NSW prison also charged 34 inmates who witnessed the assault and 33 inmates were placed on “Behavioural Management Contracts” which allows for  people to be held in their cells for up to 22 hours a day, for a maximum period of eight weeks.

The Ombudsman report found that charges were laid and sanctions imposed “despite a lack of reasonable evidence.”  

The National Justice Project, a not-for-profit human rights legal service, are in discussions with senior barristers as to whether the inmates subjected to the retaliatory measures have a claim for false imprisonment. They are considering a class action to seek compensation for those affected.

If you were affected by this incident, or if you’d like more information about the potential class action, please contact:

National Justice Project

PO Box 123

Broadway NSW 2007

The National Justice Project, a not-for-profit human rights legal service, are in discussions with senior barristers as to whether the inmates subjected to the retaliatory measures have a claim for false imprisonment. They are considering a class action to seek compensation for those affected.

If you were affected by this incident, or if you’d like more information about the potential class action, please contact:

National Justice Project

PO Box 123

Broadway NSW 2007

This
article
was originally printed in the
October 2024
edition of About Time.

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