Feedback on options for amendments to the Corrections Act 2004 – management of ‘extreme threat’ prisoners

The Chief Ombudsman’s OPCAT report into the Prisoners of Extreme Risk Unit (PERU) under the Crimes of Torture Act 1989 - published on 17 December 2024 - outlined that he considered the cumulative impact of the conditions and treatment of the people in custody in the PERU to be cruel, inhuman and degrading. 

The Department of Corrections (Corrections) is exploring changes to the Corrections Act 2004 ‘to define extreme threat prisoners and set out a specific legislative framework for managing these individuals’. Public consultation by Corrections opens page in this tab on proposed changes to the Corrections Act (contained in a discussion document) opened on 18 February 2025, and closed on 31 March 2025. 

The Ombudsman has been engaging with Corrections during the consultation process, including through providing formal feedback, and will continue to engage with any policy and/or legislative developments. 

The Ombudsman’s feedback to Corrections highlighted that:

• Consultation on legislative amendments for more transparent management of ‘extreme threat prisoners’ did not seem to be based on enough foundational evaluation and justification. Instead, it appeared to be aimed at making legitimate the current and ongoing separation of individuals based on the concept of an ‘extreme threat’.
• The legislative amendments outlined in the discussion document do not go far enough to address or resolve the concerns raised in the Ombudsman’s OPCAT examination of the PERU.