(PDF, 1.5 MB)Executive summary
This report follows the outcome of an own motion investigation undertaken by the Integrity Commission into policies, practices and procedures. Those policies, practices and procedures related to the responses of the Director of Corrective Services, Tasmania Prison Service (TPS) and/or the Department of Justice to allegations relating to, or incidents involving, an inappropriate use of force against a prisoner or detainee. It covered the use of force against prisoners and detainees at Risdon Prison (including the Mary Hutchinson Women’s Prison) and the Hobart Remand Centre between 1 July and 31 December 2023.
The investigator collaborated with a range of stakeholders during the investigation and examined:
- previous inquiries and reports
- use of force legislation, policies, practices and procedures in the TPS
- how the TPS review use of force against prisoners and detainees
- how the TPS manage allegations of inappropriate use of force against a prisoner or detainee
- external oversight of the TPS, and
- use of force training and application.
The investigator did not examine or make findings relating to any potential individual misconduct.
The investigation found the TPS has a use of force governance framework including training and recertification, incident reporting and recording, corporate registers and an oversight and review process. In the main, correctional officers displayed standardised conduct when managing prisoners and detainees, demonstrating resilience and restraint, disengagement and containment, de-escalation, effective communication, and precise deployment of tactical techniques.
The internal review processes in place at TPS generally revealed shortcomings in tactical and operational safety, along with instances of excessive force. However, there was no evidence of force being used off-camera, nor signs of under-reporting or unexplained serious injuries to prisoners. External agencies also did not receive complaints regarding excessive force.
The investigation also found instances where the use of force did not meet the required documented standards of the TPS and that force-related policies, procedures and training manuals were not updated or consistent with current training practices. Incident reports did not generally elicit sufficient information or detail for review purposes. TPS’s response to the identified excessive force against prisoners and detainees as well as inconsistencies between incident narratives and CCTV footage was managed informally.
The recommendations include:
- urgently addressing weaknesses relating to formal proceedings for excessive use of force
- amending and clarifying policies and procedures in a range of matters
- standardising reporting
- bolstering training resources, and
- encouraging cultural change through additional independent oversight.
Given the findings, the Board determined to refer the report to the Secretary of the Department of Justice and to the responsible Minister, being the Minister for Justice.
On 14 December 2024, the Secretary of the Department of Justice responded to a draft copy of the report, acknowledging and accepting all recommendations. She described it as a valuable opportunity to address identified issues and implement meaningful change. The Secretary has commissioned an independent review to help better understand and implement the report’s findings. The Secretary’s full response is at Appendix 1.
The recommendations are included in full at Appendix 2.
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