NSW Prison Phone Monitoring Scandal: Greens MP Alleges Illegal Snooping
A New South Wales parliamentarian has alleged that prison officers unlawfully listened to her phone calls with inmates and then threatened those prisoners who had sought her assistance. The Greens' justice spokesperson, Sue Higginson, told parliament that Corrective Services NSW knew details "which made it very clear they had monitored our conversation," despite legal protections against such surveillance.
Allegations of Routine Monitoring and Threats
Higginson, an upper house member, asserted that her calls were "routinely" monitored, even though it is against the law for Corrective Services officers to listen to conversations between parliamentarians and prisoners. She highlighted two specific instances where she suspected monitoring had occurred.
In one case, an inmate contacted her office to help another prisoner obtain medical aid. Higginson reported that this inmate was later threatened with solitary confinement for encouraging the contact. "How would Corrective Services NSW have known that the first inmate referred me to the second inmate if that conversation had not been monitored?" she questioned in parliament.
Another inmate called to complain about treatment during a transfer and was subsequently threatened by staff in a manner that indicated their conversation had been overheard. Higginson emphasized that such calls often involve welfare concerns or access to health services, and she expects them to be confidential.
Investigation and Government Response
Corrective Services NSW confirmed it is investigating the allegations. A spokesperson stated, "In line with legislation, we have robust practices and procedures in place around the monitoring of inmate phone calls. Ms Higginson has provided information to CNSW ... and we are reviewing these claims."
The corrections minister, Anoulack Chanthivong, described the claim as a "very serious allegation" and insisted that any wrongdoing must be addressed to prevent future occurrences. Higginson noted she had raised the issue multiple times with the minister previously.
Broader Context and Regulatory Changes
This controversy unfolds against a backdrop of record prison populations in NSW, with adult inmate numbers hitting new highs in December. Last year also saw a record number of Indigenous deaths in custody, totaling twelve individuals.
Earlier this month, Higginson successfully moved a disallowance motion, supported by the Coalition, to strike down a government regulation that expanded monitoring of inmates' phone calls. Introduced in January, the regulation narrowed the scope of confidential calls and correspondence between prisoners and legal practitioners.
Labor defended the change as necessary to close a "potential loophole" that could allow legal practitioners not representing an inmate to engage in criminal activity unmonitored, according to Penny Sharpe, leader of the government in the upper house. However, shadow attorney general Damien Tudehope criticized the government for lacking specific examples to justify the regulation.
Historical Concerns and Inquiry Findings
Higginson expressed astonishment that the Minns Labor government enacted such regulations after the Astill inquiry. In 2023, prison officer Wayne Astill was jailed for up to 23 years for abusing his position and assaulting women at Dillwynia correctional centre. A 2024 inquiry revealed issues with phone call monitoring, finding Astill "systematically" used information from monitored calls to intimidate prisoners.
The inquiry noted that many prisoners distrusted the confidentiality of calls with lawyers, hindering reports of misconduct. It recommended training for staff on privileged communications to prevent mistaken monitoring. When asked about the regulation in light of these concerns, Chanthivong emphasized the challenging nature of correctional work and stated the decision aimed to create a safer environment for officers and inmates.
Higginson acknowledged she might have been inadvertently placed on a friends and family call list instead of the privileged list but stressed it is the department's responsibility to comply with the law. "It would not surprise me if no attention has been given to the requirements and regulations around exempt persons," she concluded.
