The NSW Government has changed the law to make it easier to convict prison staff who have sexual relationships with inmates.

Under the change, all sexual relationships between prison staff and inmates will be illegal, with staff facing criminal liability, including a potential prison sentence.

The Crimes (Administration of Sentences) Act 1999 passed the NSW Parliament last night and removes a requirement to prove that a sexual relationship between a member of staff and an inmate poses a risk to the safety and security of the prison.

The strengthening of the misconduct offence was recommended by the Special Commission of Inquiry into Offending by Former Officer Wayne Astill at Dillwynia Correctional Centre.

The inquiry found multiple failings in the management and culture at Dillwynia Correctional Centre and across the Corrective Services NSW system.

The NSW Government accepted all 31 recommendations of the Inquiry, in full or in principle, as a commitment to lifting standards and restoring confidence in our prisons and improving safety for both staff and inmates.

The change is one of a number of amendments introduced in the Crimes (Administration of Sentences) Amendment Bill 2024 to strengthen processes, enhance transparency, and improve Corrective Services NSW’s operations.

The Government is rebuilding trust in the NSW corrective services system through:

• Installing hundreds of new CCTV cameras and a network-wide capacity to store and access footage for at least 90 days so that serious matters can be reviewed.
• Establishing a new Sexual Misconduct Reporting Line and new advocacy service to ensure inmates can voice concerns.
• All uniformed staff at Dillwynia Correctional Centre who work with inmates now have body-worn cameras.
• Mandatory training for all new Corrective Services staff working in female correctional centres.
• Corrective Services NSW has been elevated to a stand-alone agency directly accountable to the Minister and the Government.

Minister for Corrections Anoulack Chanthivong said, “Corrective Services staff engaging in sexual conduct with inmates is utterly unacceptable and a total abuse of authority, which is why it is now a crime in any circumstance.

“Such behaviour indicates a deplorable abuse of the staff’s position and a breach of their duty of care to the inmate.

“While the majority of our Corrective Services staff do the right thing, for those that don’t, the days of receiving a slap on the wrist are over.

“We have provided $30 million for priority reforms so far in response to the Astill Inquiry, including setting up a sexual misconduct line to provide a free and confidential avenue for inmates to report illegal behaviour.

“We’ve also increased the number of CCTV cameras in our prisons and boosted our capacity to store and access footage for at least 90 days, to enable serious matters to be reviewed more effectively.”