Administration of Sentences - NSW Ombudsman - NSW Government

Chapter 2. Methodology
This chapter briefly discusses the research activities that we undertook during our review. In conducting the review
we decided to use a multifaceted approach and obtain information from a range of sources, in a variety of ways. It
was hoped that this approach would ensure that our review was balanced, fair and comprehensive, and also that the
limitations of any one research source or method would be minimised.
2.1. Literature review
We conducted an initial review of literature we believed might be relevant to the issues under review. This involved
examining media items, journal articles, websites, parliamentary debates, and other published material. Throughout
the review period we continued to examine media items, newly published literature, and existing literature as we
became aware of it.
While there is not a significant amount of published material concerning the powers of correctional officers to stop
contraband entering correctional facilities, we did review a range of articles about the:
• problems associated with prohibited items entering places of detention
• management of drug users and drug use in correctional facilities
• importance of family and friends as support for inmates
• impact of imprisonment on the family of inmates, including the difficulties associated with visiting an inmate.
We also examined material relating to the role of victims in the criminal justice system, and the parole process; and a
small number of articles about escaped inmates.
Material considered throughout the review period is listed in the Bibliography. 19
2.2. Review of legislation in other jurisdictions
In order to obtain an understanding about how correctional officers throughout Australia attempt to prevent
contraband from entering correctional facilities, we reviewed the relevant legislation in each Australian state and
territory. For this purpose, in each jurisdiction, we examined:
• the items that it is against the law to bring into a place of detention
• the legislated powers of correctional officers to stop, detain and search people (other than inmates) and
vehicles to detect prohibited items
• where possible, the information given to people entering places of detention in each jurisdiction about these
rules and powers.
We did not conduct a separate review of Australian legislation concerning the role of victims in parole proceedings
because the Australian Institute of Criminology has recently examined this issue. 20
2.3. Observation
Staff from our office spent a number of days directly observing the operation of the legislation in practice. This
involved us attending:
• 16 DCS operations aimed at detecting the entry of contraband into correctional facilities
• 5 correctional facilities where we were shown the equipment and strategies in place to prevent contraband
from entering the premises
• 1 court case in which a person attempted to overturn an order by the Commissioner of Corrective Services,
which banned him from entering correctional facilities
• 1 hearing by the Independent Commission Against Corruption (ICAC) into allegations that a DCS employee
had trafficked contraband into a correctional facility
• 1 day of drug detection training for DCS dogs and dog handlers
• 5 Parole Board hearings at which victims (or their representatives) spoke to the Parole Board.
NSW Ombudsman
Review of the Crimes (Administration of Sentences) Amendment Act 2002 and Summary Offences Amendment (Places of Detention) Act 2002 7