Eighteen organisations have signed an open letter opposing a proposed change to the standard of proof required to discipline inmates in New South Wales prisons.
Addressed to Minister for Corrections Anoulack Chanthivong, the letter — signed by the Aboriginal Legal Service (ALS) NSW/ACT, AbSec, ANTAR, legal experts and university law schools — warns the policy could further contribute to Indigenous deaths in custody.
"These changes are contrary to the NSW Ombudsman's investigation into inmate discipline, which exposed a culture of lawlessness and harm being perpetuated by Corrective Services against incarcerated people in NSW, who in many cases were completely innocent of the correctional centre offences they had been accused of," the letter read.
"Incarcerated people subjected to discipline proceedings, who are locked in solitary confinement, fined, and deprived of basic privileges like phone calls and visits with loved ones, are at increased risk of acute and ongoing mental and physical harm, and even dying in custody, if these laws pass."
Reports last month revealed NSW prisoners could soon face some of the harshest penalties in the country for minor infractions, including appearing "untidy" or eating in their cells, as the government considers lowering the burden of proof for disciplinary action.
In response, ALS CEO Karly Warner told National Indigenous Times the NSW Government "should be making reforms so that fewer people are imprisoned in the first place, particularly Aboriginal and Torres Strait Islander people," rather than weakening protections for those behind bars.
"Our people are over-policed and grossly over-represented in NSW prisons," she said.
This year, NSW has recorded the highest number of Indigenous deaths in custody ever seen in one state, a milestone described by the state coroner as "a profoundly distressing milestone".
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The open letter cites Coroner Tessa O'Sullivan's comments, stating: "Passing these laws to punish often innocent incarcerated people and to increase the risk of deaths in custody would be contradictory to the Coroner's call for action from the NSW Government."
It also highlights a 2024 Ombudsman report, which found "a systemic failure across all correctional centres to follow the requirements of the legislation and the relevant policies in relation to inmate discipline".
The report said 43 per cent of those punished were Indigenous, with many Aboriginal inmates held alone in their cells — "despite the policy stating this should not happen, and it being contrary to the recommendations of the Royal Commission into Aboriginal Deaths in Custody".
The Ombudsman's report revealed Corrective Services staff were "systematically violating their obligations to notify governors and health professionals of punishments being imposed on incarcerated people, and these laws do not go far enough to resolve those issues," the open letter read.
It argues First Nations people are disproportionately affected by the discipline system, many of them living with complex health issues, disability, or mental illness.
"Subjecting people to preventable harms in custody compounds trauma, and subjecting them to an arbitrary system of punishment reduces confidence in the system as a whole," the letter stated.
"Given these changes will increase the risk of First Nations deaths in custody, increase the risk of repeat contact with the system, and increase the likelihood of systemic injustice against incarcerated people who deserve support, education and rehabilitation, we urge you to rethink these reforms."
Last month, Ms Warner said the amendments "infringe on the rights of imprisoned people" and "fly in the face" of the Ombudsman's recommendations. She argued the government is "doing the opposite of what was recommended, with no regard for the safety and well-being of those locked in NSW prisons".
"These changes are being made without consulting the ALS or the NSW Coalition of Aboriginal Peak Organisations, despite the Government's commitments to work in partnership on Closing the Gap," she said.
"We call on the Government to stop pursuing these dangerous changes and consult with us on how to promote fairness for people in prison and prevent more Aboriginal and Torres Strait Islander people from being forced into prison in the first place."
On Tuesday, Greens spokesperson for First Nations Justice Sue Higginson added: "We know the inmate discipline system is used, often unlawfully, to place inmates in solitary confinement, to impose some of the harshest removals of privileges in the developed world, and to fine inmates.
"It's shocking that the Minns Labor Government introduced a Bill that will increase the risk of First Nations deaths in custody during the same week the Coroner released a statement saying we were in the worst year for First Nations deaths in custody on record."
