NSW Justice Department convicted for letting prison staff be kidnapped and tortured by known high risk inmates

Image: Peter Severin | LinkedIn (Commissioner at time of criminal conduct)

A Preventable Tragedy

On 19 December 2020, two inmates at the Mid North Coast Correctional Centre (MNCCC) ambushed two correctional officers (officer 1, and officer 2 - names redacted per wish of District Court Judge Wendy Strathdee), subjecting them to physical violence. Officer 1, in particular, suffered unspeakable injuries, including chemical burns from undiluted Fincol, psychological trauma, and the permanent loss of normal physical abilities. These injuries were not merely the result of inmate violence but the culmination of systemic lapses in safety protocols, inadequate risk mitigation, and a failure to implement straightforward and cost-effective measures.

The department's assertion that "the risk could not be eliminated" rings hollow in light of its admission that these risks were foreseeable and could have been minimised through basic procedural changes, including enforcing the secure storage of hazardous materials and contraband.

Known Risks, Ignored Responsibilities

The judgment outlines a catalogue of known risks, including:

1. Failure to Secure Dangerous Items: Fincol, a hospital-grade disinfectant used in the attack, was inadequately stored. This failure is particularly egregious given that policies already required hazardous chemicals to be locked up—a standard ignored until after the incident.
   

2. Poor Contraband Management: The lack of timely and secure disposal of prison-made weapons allowed the attackers access to additional tools of violence.
   

3. Access Control Lapses: Staff entry into high-risk inmate areas was not restricted to airlock doors, a protocol implemented only after the incident.

These failures reveal an organisation operating on outdated or poorly enforced safety policies, exposing workers to avoidable dangers.

A Call for Accountability

It is important to note this crime was committed before the amendment to the work health and safety act which would have seen executives like the commissioner (who resigned after the incident) face up to 20 years prison for this offence.

Judge Strathdee’s ruling appropriately emphasises the principles of deterrence, both specific and general. The $600,000 fine, reduced from $800,000 due to the department's guilty plea, serves as a financial reckoning. However, fines alone cannot account for the irreversible damage done to the officers involved. As officer 1's harrowing victim impact statement reveals, the scars of this incident extend far beyond physical injuries, eroding trust and devastating lives.

The Department of Justice, as one of the largest correctional service providers in Australia, has a moral and legal obligation to lead by example in workplace safety, particularly as prisoners do not have a legal right to refuse unsafe work. Yet, this case paints a picture of systemic complacency, where risks to workers were deprioritised until catastrophic consequences demanded attention.

Lessons and the Path Forward

The measures implemented post-incident—including revised protocols for handling contraband and hazardous chemicals—demonstrate that change was not only possible but straightforward. These actions, however, are reactive and underscore the department's failure to proactively protect its workforce.

This case must serve as a watershed moment for corrective services across Australia. The safety of those who put their lives on the line daily cannot be an afterthought. Every workplace risk left unaddressed is a potential tragedy waiting to happen, and it is incumbent upon leadership to act decisively and pre-emptively.

For the Department of Communities and Justice, this judgment is more than a financial penalty—it is a damning indictment of its negligence. The lives and careers of dedicated officers like officer 1 and officer 2 demand better, and the public trust in our justice system requires nothing less.