NSW Prison Phone Monitoring Scandal: Greens MP Alleges Illegal Surveillance
Corrective Services NSW has launched an investigation following explosive allegations from Greens justice spokesperson Sue Higginson, who claims prison authorities illegally monitored her privileged phone conversations with inmates and subsequently threatened prisoners who sought her assistance.
Parliamentary Privilege Violated
In a dramatic parliamentary address, Higginson detailed how Corrective Services officers appeared to have knowledge that could only have come from monitoring her confidential conversations with prisoners. Under New South Wales law, communications between parliamentarians and inmates are considered privileged and exempt from surveillance, unlike routine inmate calls which are typically recorded and monitored.
"Those sorts of calls are frightening for us and we expect people to be able to make those calls in confidence," Higginson stated, explaining that inmates typically contact her office regarding welfare concerns or difficulties accessing essential health services.
Specific Incidents Revealed
The upper house member presented two specific examples where she believes her conversations were illegally monitored. In one instance, an inmate who helped another prisoner contact Higginson's office for medical assistance was threatened with solitary confinement and correctional offenses.
"How would Corrective Services NSW have known that the first inmate referred me to the second inmate if that conversation had not been monitored?" Higginson questioned parliament.
In another case, an inmate who complained about treatment during a transfer was later threatened by prison staff in a manner that "made it very clear they had monitored our conversation."
Government Response and Investigation
Corrective Services NSW confirmed it is investigating the allegations, with a spokesperson stating: "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."
Corrections Minister Anoulack Chanthivong described the allegations as "very serious" and emphasized: "If there are things that have gone wrong, then my expectation is that this needs to be fixed. You can't have a situation like this occurring in the future."
Broader Context and Recent Controversies
The allegations emerge against a backdrop of record prison populations in New South Wales, with adult inmate numbers reaching unprecedented levels in December. Last year also saw a record number of Indigenous deaths in custody, with twelve fatalities reported.
Higginson recently succeeded in striking down a government regulation that would have expanded monitoring of inmate communications with legal practitioners. The regulation, introduced in January, would have narrowed the scope of confidential calls unless lawyers were actively representing inmates.
Government leader in the upper house Penny Sharpe defended the regulation as addressing a "potential loophole" that could enable legal practitioners to "engage in, promote or aid criminal activity totally unmonitored."
Astill Inquiry Connections
Higginson expressed astonishment that the Minns Labor government proposed such regulations following the 2024 Astill inquiry, which examined systematic abuses at Dillwynia correctional centre. The inquiry found that prison officer Wayne Astill, now serving a 23-year sentence, used information "gleaned from monitoring inmate calls, visits and letters as a means of intimidation."
The inquiry revealed that many prisoners didn't trust that their calls with lawyers were confidential and therefore didn't report misconduct. It recommended enhanced staff training regarding privileged communications to prevent accidental monitoring.
When questioned about introducing regulations despite the Astill inquiry's findings, Minister Chanthivong responded: "Being a correctional officer is probably one of the hardest, most complex and most volatile jobs you can have in the NSW government. It wasn't an easy decision to come to, but it is the decision that's in the best interest of creating the safest work environment for the officers and for the inmates."
Political Reactions
Shadow Attorney General Damien Tudehope, who supported Higginson's disallowance motion, criticized the government for failing to provide specific examples justifying the expanded monitoring powers. "If government members had come to us and said, 'We have a specific, concrete example of the abuse that is currently happening in the system that we need to fix', then that would be a situation with more force for the regulation to exist," the Liberal MLC stated.
The investigation into Higginson's allegations continues as concerns mount about privacy protections for inmates and the integrity of privileged communications within New South Wales' correctional system.
