Hi there. In New South Wales, the laws relating to prison administration are set out in legislation called the Crimes (Administration of Sentences) Act 1999 (NSW). Under this legislation, an inmate at a correctional centre may be held in segregated custody for one of the following reasons: (a) to secure the personal safety of another person, (b) to ensure the security of the correctional centre, or (c) to secure good order and discipline within the correctional centre.

The general manager of the correctional centre (or their delegate) has the power to make the decision to place an inmate in segregated custody. These decisions are reviewed within 21 days by the Commissioner of Corrective Services NSW (or their delegate) who may order that the segregation end, continue or be altered. There is no maximum time limit for segregation, although the Minister for Corrections must be notified if the segregation will exceed six continuous months.

Your son has certain rights as a segregated inmate. If he has been segregated for more than 14 consecutive days, he can apply to the Serious Offenders Review Council (SORC) to have the segregation decision reviewed. The application must be in writing and include his reasons for making the application. Your son can choose to appear before the SORC, and he can be represented by a lawyer or another approved person. In reviewing the segregation decision, the SORC must take into account certain factors, including whether the decision was reasonable in the circumstances and whether the segregation was necessary to secure good order and discipline within the correctional centre. More information about the SORC can be found at www.correctiveservices.justice.nsw.gov.au or by phoning Corrective Services NSW on (02) 8346 1333.

The NSW Ombudsman is also available to investigate some complaints by inmates relating to poor or unfair treatment, unreasonable decisions, and delays in receiving information or a service. An inmate can lodge a complaint with the Ombudsman by contacting the Corrective Services Support Line (#1 on the free call list on inmate phones in all correctional facilities), the NSW Ombudsman directly (#8) or speaking to the government-appointed Official Visitor who visits centres once per fortnight. For the general public, the NSW Ombudsman can be contacted by visiting www.ombo.nsw.gov.au or phoning 1800 451 524.