Members,
As you are all aware five weeks ago, the PANSW put both NSW Police Force and Corrective Services NSW on notice around the Management of Court Bail Refused Prisoners from Monday 7 July 2025 which included police not:
• Attending Correctional Facilities to collect and transport Court Bail Refused (CBR) prisoners.
• Attending court houses to guard Court Bail Refused (CBR) prisoners.
• Accepting Court Bail Refused Prisoners (CBR) into Police custody facilities from Corrective Services or Juvenile Justice. Police will allow Corrective Services and Juvenile Justice to use police cell complex’s when the CBR prisoner remains in the custody of Corrective Services Staff.
NSWPF has firmly agreed with the Association that “court bail refused prisoner management is not a policing function”.
I can confirm that, based on the agreement that has been offered and commitments given, the PANSW Executive has agreed to stay any non-performance of CSNSW functions that were proposed from 7 July 2025.
Following intensive meetings with NSWPF and Government, for the first time ever, the Department of Communities and Justice which oversees CSNSW have become involved, and I can now confirm the following outcomes have been achieved with the Commissioner of Police:
Within the next two weeks:
• CSNSW agrees to take over all Court Bail Refused (CBR) functions at Fairfield PAC. Currently, Corrective Services drops these prisoners to Fairfield Police Station on court sitting days; this will cease.
• An additional CSNSW transport vehicle will operate in the metropolitan area to assist in freeing up beds at Amber Laurel and Surry Hills to provide additional PBR acceptance when presented
• Where this does not occur in the metropolitan, immediate escalation is to be undertaken between NSWPF and CSNSW
• CSNSW agrees to extend the acceptance of prisoners from NSWPF at Broken Hill to 5pm to allow for less overnight custody management for that Command.
Whilst this will immediately assist members, we also needed to negotiate a permanent solution around the three key points that are clearly CSNSW functions, as a result we can confirm:
• The Department Communities and Justice are now in the planning stages for CSNSW to take over full responsibility of the transportation of absorbing the management of court bail refused prisoners in 10 high volume country locations. The implementation is expected to be competed over the next 12 -18 months.
• Additionally, within 12-18 months CSNSW will take over the transportation of female and juvenile prisoners including the air transportation function, a role that currently sits with NSW Police
WHAT HAPPENS DURING THE TRANSITION PERIOD?
During the transition period, as CSNSW works to take over these functions full time, it is vital that there is no ongoing impact on local policing resources or First Response Policing Agreements.
As a result, we have negotiated with NSWPF that during this time through an additional budget from the NSW Government, overtime will be used in every instance that a NSW Police Officer undertakes the following:
• Attends Correctional Facilities to collect and transport court bail-refused prisoners
• Attends court houses to guard court bail-refused prisoners or
•Accepts court bail-refused prisoners into police custody facilities from Corrective Services or Juvenile Justice
These commitments agreed to by all parties finally put an end date on the use of Police resources for Corrective Services Roles. The interim measures ensure that members’ valuable rostered hours needed to protect the community will no longer be allocated to prisoner management and give members money in their pockets when they are required to undertake this work during this period.
Let me be clear, however; any failure of the NSWPF and other agencies to fulfil these commitments we view as our opportunity to recommence instructions to our members regarding CSNSW duties in any form we see fit and reserve our right to do so.
REGIONAL CENTRALISED BAIL CHANGES
The Association got in front of the roll out of the centralised bail division knowing that proper consultation with the workforce of NSWPF had not occurred. There is no doubt that this is a change in work practice that will increase the workload of police officers.
The PANSW shares the concerns of its members around the Court led changes that will occur on Monday July 7th for regional bail hearings.
The PANSW has identified that proper consultation has not occurred with members, the key stakeholders of the court system. We wanted a delay on the introduction to enable proper consultation, but this was denied by the Chief Magistrate.
The move to a more flexible technological court process is meant to improve flexibility and service requirements. To learn that the Courts have set an arbitrary 12PM cut off time to lodge paperwork is ridiculous. Members will have to hold more Police Bail Refused Prisoners overnight, increasing the risk to them and the prisoner.
There were also concerns raised with us around the continuation of current localised arrangements where CSNSW put Police Bail Refused Prisoners before the courts on behalf of the NSW Police. The PANSW immediately strongly advocated that there be no change to existing practices regarding PBR’s and CSNSW.
Following advocacy with the NSW Police Force, it can be confirmed that from Monday 7 July:
• Local agreements and existing work practices with CSNSW where they take PBR prisoners will remain in all current locations.
Practically, instead of CSNSW walking them to court, they will be placed on AVL by CSNSW. This has been confirmed to the PANSW by NSWPF.
This is a whole of Government change and we have not been consulted on these changes around earlier cut off times and increased overnight supervision of Police Bail Refused Prisoners.
We are advocating with Government as we anticipate that the new centralised bail division will have significant problems, many of which will adversely impact our members. It is unacceptable to introduce a new work practice without consulting the workers, the primary users of the system.
We want to hear from you; we will be making sure your Employer and the Government understand the impact of these changes in work practice on police officers and potential impacts on community policing.
I encourage all local regional branches to immediately commence negotiations to add additional staff to charge rooms during court hours to act as a AVL coordinator. A custody manager cannot safely undertake this role whilst they have other prisoners in their custody.
We ask custody managers and arresting police to email feedback and examples of the system failing. Please send to feedback@pansw.org.au so we can collate and advocate for changes to the system where needed.
I will update you as further information becomes available.
Kevin Morton
PANSW President