Abuse in Correctional Services
Institutional abuse comes in many forms, including administrative abuse, physical abuse and sexual abuse. Typically, institutional abuse refers to physical and sexual abuse committed against vulnerable people by staff of institutions such as prisons, schools, and churches.
Administrative abuse can also be considered a form of institutional abuse and has become the choice of the abuser in recent years. Administrative abuse is the deliberate misuse of administrative processes by staff, designed to cause detriment to the target of the abuse. In Correctional Services, it is the abuse of administrative processes by correctional officers and management to cause harm to prisoner progress.
Abuse undermines community safety
Administrative abuse by Correctional Services undermines rehabilitation and therefore undermines community safety. The aim of this abuse is to cause undue detriment to a prisoner. This abuse may be a positive action such as leaving a false case note against a prisoner.
Alternatively, this abuse can be done through an omission. For example, deliberately omitting information from records that would have otherwise benefited the prisoner or reflected the actions of a prisoner in a positive light. The effect is the same – and that is to unduly diminish the reputation of the prisoner. It is like spreading propaganda. It is an abuse of power.
There are staff within the South Australian Department for Correctional Services who regularly employ this abuse. These abusers are cowards and likely have personality disorders. Their motivation is usually spite or resentment, either towards prisoners generally or towards specific prisoners. Any prisoner who attempts to make a complaint or assert their lawful rights in prison is sure to become a target of such abuse. In recent years, prisoners’ increased knowledge of the Freedom of Information laws have increased exposure of staff who deliberately attempt to damage prisoners reputation through administrative abuse.
Where does this abuse usually occur
The most common instances of this abuse occur in prisoner case notes. However, this abuse can also occur in case review submissions made against people in prison by Case Management Coordinators, or in pre-treatment and post-treatment reports written in relation to prisoner participation in rehabilitation programs like the Living Without Violence Program or the Violence Prevention Program.
Any prisoner participating in these programs who attempts to speak the truth about issues in the program, or to correct incorrect assumptions of the facilitators of these programs, is a likely target for this abuse. In fact, any person who attempts to expose any incompetence or wrongdoing by prison staff are likely to be subject to further abuse. This is how the wrongdoer thinks they can avoid accountability.
In one example, a senior clinician from the Offender Rehabilitation Branch of the Department for Correctional Services, who facilitates the Living Without Violence programs, had been caught writing misleading information in reports against prisoners that included an attempt to impute prisoners with serious personality disorders, without evidence. That clinician was seen to hold significant resentment against prisoners after they sought disclosure of his pre-treatment reports. When he eventually allowed prisoners to see the reports, 5 out of 5 prisoners who reviewed their reports found inaccurate, incomplete or misleading information their respective report.
In another example, a senior manager at Mobilong Prison was caught on at least two separate occasions writing false accusations against prisoners who had made separate complaints against him. That manager was known to tell prisoners that they ‘had no rights’ and that those attempting to assert rights would ‘find out the hard way’ that making complaints against officers was futile.
The effect of abuse
Incorrect, incomplete or misleading comments in reports can be highly detrimental to a person in prison. For example, they can prevent a person in prison from progressing through the prison system. Furthermore, they can prevent or delay applications for parole or home detention. Incorrect, incomplete or misleading records can also cause a person in prison to be transferred from a medium or low security prison to a high security prison.
Furthermore, it may cause the loss of privileges earned through good behaviour. On most occasions, the occurrence of this abuse remains unknown to the person affected. These reports are often not disclosed to that person. The reports are simply provided to a decision maker who makes the decision. If the information which the decision is based is faulty, the decision will no doubt be faulty.
How to identify abuse
People in prison should be diligent in seeking disclosure of records through Freedom of Information. Case notes, case review reports, and pre-treatment and post-treatment reports for rehabilitation programs are typical documents where abuse occurs. These documents are crucial sources of information used by the Department for Correctional Services to make decisions about prisoners. Therefore, It is important to ensure there is no incorrect, incomplete or misleading information published in these reports. Incomplete records can sometimes be as damaging as false or misleading records.
Freedom of Information application forms can be obtained in prison from a Case Management Coordinator. Alternatively, people in the community can make applications on behalf of people in prison through the SA Gov website by clicking here.
What to do when administrative abuse is identified
The Freedom of Information Act 1991 (SA) allows the person affected to make an application to amend records. If an amendment is refused, the person affected can seek a notation added to the record. This essentially allows a person to add their own notes on the record.
It is illegal for government workers to deliberately publish false or misleading records. For example, the Public Sector Act 2009 (SA) and common law provide ways to remedy this abuse. Information published and known to be false is known as disinformation. Such abuse may be remedied through a civil lawsuit called Misfeasance in Public Office. It is also illegal for a clinician to publish misleading reports in relation to rehab programs. Complaints about such abuse should be made to the Australian Health Practitioner Regulation Agency (AHPRA). AHPRA can be found by clicking here or can be contacted by telephone on 1300 419 495.
Seeking support

If you believe you are a victim of institutional abuse it may be wise to seek support. For example, you may want to contact your lawyer or your local prison advocate. Justice Action may assist with providing information to help people manage or expose administrative abuse by DCS. Justice Action can be contacted online by clicking here, or by mail at Unit 10/2 Catherine Street, GLEBE NSW 2037. The Ombudsman may also be able to assist in some cases.
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