The National Justice Project believes some inmates at Clarence Correctional Centre may have a strong case for false imprisonment after a recent NSW Ombudsmanโs report exposed the vengeful, unlawful and oppressive operations of the Serco facility.
Adjunct Professor George Newhouse, National Justice Project CEO, said an Ombudsmanโs investigation into the events following an assault on a correctional officer by a single inmate on September 21, 2023, shed light on the unjust and collective punishment meted out to dozens of other inmates who were not involved in the incident.
โNo one is attempting to justify or downplay the violent act but the inmate but what followed this assault was a series of retaliatory actions by Serco which are nothing short of appalling,โ he said.
โInstead of focusing on the individual responsible, Serco imposed collective punishments that affected scores of inmates who were not involved in the assault. These included locking down an entire wing housing 175 individuals for five days, placing three bystander inmates into solitary confinement, and charging 34 inmates with offenses they did not commit, with 33 of them being subjected to Behaviour Management Contracts limiting and controlling their rights, privileges and activities.
โIt was revealed that the charges laid against the 34 inmates were unsupported by reliable evidence, and the inquiry process was flawed, with procedural safeguards ignored and penalties imposed arbitrarily. Even more troubling is the misuse of Behaviour Management Contracts, which appeared to be applied capriciously and inconsistently, serving purposes they were never intended for.
โAll people in this state have a right to be treated according to law and to seek justice. The Ombudsmanโs report, reveals a system where prisoners are treated with contempt, subjected to arbitrary punishments, and denied access to justice. It is rare for such injustices within the prison system to be brought to light, and the NSW Ombudsman deserves commendation for his thorough investigation and for holding Serco accountable for its unlawful actions.
โThere is now a clear need for further legal action to address the wrongs done to the inmates at Clarence Correctional Centre and the National Justice Centre is in discussions with senior barristers about whether affected inmates have a case for false imprisonment,โ Adjunct Professor Newhouse said.
Media coverage
- Serco must be punished for โoppressiveโ treatment of prisoners at Australiaโs largest jail, legal experts say
The Guardian, 8 September 2024 - Investigation into Sercoโs Actions Following Incident at Clarence Correctional Centre
About Time, October 2024 - Julian was found guilty of participating in a riot while in jail and put in solitary. There was no riot
NITV, 15 October 2024 - Sercoโs ugly legacy in Australiaโs immigration detention system
The Saturday Paper, 18 January 2025
