14 May 2026

Mr ANOULACK CHANTHIVONG (Macquarie Fields—Minister for Better Regulation and Fair Trading, Minister for Industry and Trade, Minister for Innovation, Science and Technology, Minister for Building, and Minister for Corrections) (12:16): On 2 March 2026 the NSW Ombudsman tabled a report under sections 27 and 31 of the Ombudsman Act 1974 entitled The progress of NSW inmate discipline system reform. The report indicated that the Ombudsman was not satisfied that the Government had taken sufficient steps in response to his recommendations in the earlier 2024 report entitled Investigation into inmate discipline in NSW correctional centres. The report asked the Government to reaffirm its commitment to the 2024  recommendations and provide updates to the Ombudsman.

The Crimes (Administration of Sentences) Amendment (Standard of Proof) Bill 2025 was passed by Parliament late last year. The amendments bring New South Wales in line with most other States and Territories across Australia where the balance of probabilities is the standard of proof applied for misconduct hearings. The changes support a more consistent and straightforward administrative discipline process that responds to issues identified in the application of procedural fairness in correctional centre discipline. Changes to the standard of proof constitute just one element of the Government's comprehensive response to the Ombudsman's 2024 report. The Government reaffirms its in‑principle agreement to the recommendations made in the Ombudsman's 2024 report. We are committed to reforming the inmate discipline framework and look forward to continuing engagement with the Ombudsman as the work progresses.

Mr ANTHONY ROBERTS (Lane Cove) (12:18): I acknowledge the Minister's statement and note the Government's advice that it is continuing to progress matters raised by the Ombudsman. The prison system is complex. It is one of the most difficult areas of public administration. Correctional officers do hard and often dangerous work. They manage difficult environments on behalf of the public. They deserve a system that is clear, practical and enforceable. They also deserve to know that this Parliament understands the burden they carry and will back them in maintaining order and discipline.

That is why the Opposition supported legislation brought into Parliament concerning the standard of proof in inmate discipline matters. A properly functioning corrections system must allow staff to maintain discipline inside correctional facilities. That is in the public interest. It is in the interests of staff safety, inmate safety and community confidence. The Ombudsman has raised important matters about the operation of the inmate discipline system. We note the Government's position that work is continuing in response to those matters. As a former corrections Minister, I understand that reform in this portfolio is rarely simple. There are operational realities, legal requirements, departmental processes and workforce issues that have to be managed carefully. But it is important that implementation continues in a timely and practical way.

The SPEAKER: I correct the member for Lane Cove's misunderstanding as to the time he is entitled to for his contribution. The Minister is entitled to 20 minutes; however, the member following the Minister is entitled to the same amount of time that the Minister spoke for. Therefore the member for Lane Cove's time for his contribution has expired.

Mr ANTHONY ROBERTS: I seek an extension of time.

Leave granted.

Mr ANTHONY ROBERTS: I would simply observe, with the benefit of some experience around Cabinet tables and departmental processes, that if progress on the Ombudsman's recommendations was going to pause while the Government was considering its options, it may have been prudent to copy the Ombudsman into the email chain. More seriously, the public interest is clear. New South Wales needs a corrections system that is lawful, disciplined, workable and safe. The Opposition will continue to support measures that back correctional officers, maintain order in correctional centres and ensure the system operates with public confidence.