Today, the Minns Labor Government passed legislation through NSW Parliament to bring greater clarity and accountability to inmate misconduct proceedings.
The Crimes (Administration of Sentences) Amendment (Standard of Proof) Bill 2025 changes the standard of proof for determining correctional centre offences to the civil standard of ‘the balance of probabilities.’
The amendments passed today align NSW with most other Australian jurisdictions, where the civil standard of the ‘balance of probabilities’ is applied in disciplinary proceedings.
The Bill responds to concerns about the potential impact the current legislated burden of proof on correctional system and community safety.
Enshrining the ‘balance of probabilities’ as the burden of proof will make the inmate discipline process more straightforward, maintain good order and security in correctional centres, and ensure inmates are held to account for their conduct.
The Bill is a crucial part of the Government’s efforts to strengthen staff safety at correctional facilities across the state, and its passage through Parliament complements a review of the way Corrective Services NSW (CSNSW) classifies inmates that was announced earlier this month.
This comprehensive review will assess the effectiveness of the classification, placement and case management processes of inmates across the state. It will ensure an inmate’s behavioural record in custody carries appropriate weight when decisions are being made about an inmate’s classification.
These changes come after extensive consultation and engagement on a revised inmate misconduct system with the Public Service Association.
They will guarantee that the State Parole Authority is provided an accurate record of inmates’ custodial conduct and can make considered, consistent decisions about release to parole to support public safety.
Earlier this year, the Government also introduced an internal mechanism enabling inmates to request reviews of discipline decisions made within correctional centres. The addition of an internal review mechanism, made at the NSW Ombudsman’s recommendation, provides an extra safeguard for inmate safety to lowering the burden of proof.
Serious criminal misconduct behind bars will continue to be referred to the NSW Police Force for consideration of prosecution on the criminal test of beyond reasonable doubt.
Minister for Corrections Anoulack Chanthivong said:
“Community safety remains the Minns Labor Government’s top priority.
“This legislation is an important, practical step forward in achieving our shared goal with the union of making sure our state’s correctional centres are the safest environments possible.
“By bringing New South Wales in line with other Australian jurisdictions, we are confident the changes to the inmate disciplinary process enhance safety in prisons and support community safety at large.”
General Secretary of the Public Service Association Stewart Little said:
“We welcome the passing of this legislation through NSW Parliament and will continue to work with the Government to see the amendment succeed.
“These changes will make sure our members can operate prisons that are safer for staff, inmates, visitors and the wider community alike.”