In NSW more First Nations people died in custody during 2025 than any other year on record.
But NSW Labor are about to bring in laws that will increase the risk of First Nations deaths in custody.
In 2024 the NSW Ombudsman released a damning report after an investigation into the inmate discipline system in our prisons, which revealed an unaccountable kangaroo court system was being used to illegally lock vulnerable incarcerated people into solitary confinement, impose illegally harsh fines, and deprive incarcerated people of essential avenues for rehabilitation.
The Ombudsman revealed that incarcerated people were being charged with “correctional centre offences” they were completely innocent of, denied the presumption of innocence, and refused the right to a fair trial - all so they could be punished and locked into solitary confinement.
People in prison are disproportionately First Nations people and people with a disability.
A key finding of the Ombudsman’s investigation was that prison officers were systematically using the wrong and lesser standard of proof to find inmates guilty of offences and then they were unlawfully punishing them. They were applying the civil standard of proof “on the balance of probabilities” rather than the lawful standard of proof “beyond a reasonable doubt”.
But instead of following the Ombudsman’s recommendations to hold prisons accountable for breaking the law, NSW Labor have introduced laws to retrospectively apply the lesser standard of proof for inmate discipline matters.
These laws will let our prison system off the hook after decades of illegal and draconian punishment - and it will mean more incarcerated people in solitary confinement, worse rehabilitation outcomes, and an increased risk of First Nations deaths in custody.
The use of solitary confinement in NSW prisons breaks international law. Australia has ratified the United Nations's Standard Minimum Rules for the Treatment of Prisoners otherwise known as the Mandela Rules.
The Royal Commission into Aboriginal Deaths in Custody was clear that solitary confinement should not be used as a penalty for First Nations people in custody. But NSW Labor wants to pass a law that will mean solitary confinement is used more often, not less.
The NSW Coroner has just released a rare public statement noting that we are in the worst year for First Nations deaths in custody on record. The last thing we need are bad laws that will lead to more deaths in custody.
I’ll be moving amendments to Labor’s laws, including one to remove solitary confinement as a penalty for vulnerable people and First Nations people in our prisons. I need your help to persuade Labor and the Liberals to get it passed.
Send an email today!
Reading about preventable deaths in custody is distressing. If you need mental health support, contact Lifeline on 13 11 14, or for First Nations people, call 13 YARN for free and confidential support.