Cody Ward has been trying to gain access to higher education while in prison and has documented his struggle in the following letter that was sent to Justice Action; the Director of Parliamentary and Executive Services at Corrective Services NSW; the Acting Commissioner of Corrective Services NSW; the NSW Ombudsman; the Minister for Corrections and the Office of Sue Higginson.
To the Director of Parliamentary Executive Services,19th July 2024, I am seeking guidance with my University approval.
In response to your correspondence in which you relayed assurances that I may pursue study from the Acting Commissioner (ref: CESC24/00569) And also from the Honourable Anoulack Chanthivong MP, Minister for Corrections (ref: CESC24/00740); I am yet to receive formal approval to pursue Higher education. As a result, I have missed Session 2, 2024. This means that by the time I receive approval and attend Session one, 2025, at Charles Sturt University in March 2025, I will have waited 18 months to attend University.
I will recount the events to the best of my memory, and I have maintained transparency throughout the process.
- 21 February 2024, I wrote a formal complaint about my approval to attend University on campus being unjustly revoked. I cited beliefs of a form of discrimination, in retrospect, it likely would be better described as being marginalised with an undercurrent of prejudicial mistrust. This manifested in the form of a significant lack of support and communication. Indeed, it required two formal complaints for my in-policy application to be processed.
- 5th March 2024, a Service and Program Officer (SAPO) declined to assist me in contacting the government and the Commissioner of Corrective Services NSW with my formal complaint. She had been instructed by her supervisor not to help me with my formal complaint. In addition, I experienced victimisation by the Bathurst Correctional Officer after I exasperatingly clarified that the SAPO would not help me with contacting the government. It is my right under the law (Regulation 160 of the Crimes (Administration of Sentences) Regulation 2008) to make a complaint addressed to the responsible Ministers, namely the Minister for Corrections and the Attorney General. Also, it is my right under the law (Australian Human Rights Commission Act 1986 (20) (6)) to make a complaint to the Australian Human Rights Commission. Further, it is my right to be provided facilities to prepare the complaint and for it to be sent without undue delay and to be unread. These restrictive measures stifled my inherent rights as an incarcerated individual to have unfettered access to communicate with my government without undue delay. Moreover, my implied right to political communication was also violated when the SAPO declined to even provide the physical mailing addresses to the government.
- 26th April 2024, I received a letter sent on the 17th April 2024 from the Corrective Services NSW Director of Parliamentary and Executive Services. The Director replied on behalf of the Acting Commissioner. It explained the reason for the delay of my ability to commence my studies; concluding, that the Bathurst Correctional Governor had confirmed I am free to pursue study while located at Bathurst. Further, I must go through the appropriate channels and to raise any questions with Centre Management in the first instance.
- 29th April 2024, I resubmitted an application for permission to study on campus at the Charles Sturt University as an existing Bachelor of Arts student through the C3 Study Leave Program. Moreover, I requested further privileges to assist in studying as a disadvantaged incarcerated student: a personal laptop purchased by my parents to be left at the University; and access to an email account to contact Charles Sturt University staff and services. I advised I would be unable to study without these technologies. A letter of recommendation was a supporting document from Charles Sturt University.
- 7th May 2024, after enquiring about the status of my application, I was advised that they are awaiting information from Corrective Services Industries Education.
- 20th May 2024, I was notified Corrective Services Industries Education does not support nor recommend the issuing of a personal laptop or a personal email account. Their reason was that there is no policy in the ‘COP’. They support and recommend that I attend university. But, with the old procedure of being issued a USB – a redundant procedure in the age of ubiquitous cloud storage. I asked the Head of Education at Bathurst if I would be allowed to use the university’s loaned laptop on university grounds – specifically the library and the class common rooms – she said, “I don’t know”. Also, when I asked her how I will communicate with my lecturers, she made comments about lacking staff to facilitate it and had no other solutions to currently offer. It is worth noting, I perceived that Bathurst education is as powerless and uncertain as I am. In my opinion, Bathurst Education has a desire to help but is unable to effectively advocate on my behalf with Centre Management for reasons unbeknown to me.
- 28th May 2024, I spoke with the Bathurst Correctional Centre Operations Manager by happenstance while he visited the Honour House on an unrelated matter. The Operations Manager asked the Honour House Overseer to contact him on Thursday (30th May 2024) and he will follow up on the status of my application.
- 30th May 2024, I submitted a personal letter to the Operations Manager regarding my C3 Study Leave Application, specifically, about precedents and contemporary complications relevant to my request. I am attempting reasonable discussion through the appropriate channels to resolve my application.
- 8th June 2024, I asked the Honour House Overseer for an update. He said he had nothing. The Overseer asked if I am willing to try studying even if I am not permitted a laptop or email. I said I will try; it is not ideal and I doubt I could study full-time. Almost defeats the point of the opportunity. I made it clear I still wanted Centre Management to explore my request rather than dismiss it out of hand because I said I am willing to compromise if push comes to shove. In addition, I detailed my earlier conversations with the Head of Education at Bathurst, that she is unsure if I am allowed to use the university laptop on university grounds. I also reiterated that is not unprecedented for C3 incarcerated individuals to be issued equipment and tools that are left at their Leave location. He concurred.
- 11th June 2024, I received a letter written by the Director of Parliamentary and Executive Services at Corrective Services NSW on behalf of the Minister for Minister for Corrections. The Director reiterated I am free to pursue study. Also, that my application needs to be submitted through appropriate channels. It also said there is no evidence I suffered discrimination while housed at the Bathurst Correctional Centre.
- 17th June 2024, the Honour House Overseer said he had spoken with Bathurst Education: they said the Governor has refused my request for a personal laptop and email account. In addition, that my C3 Study Leave Application is no longer the responsibility of the Education Department, it is to be handled by the Governor. The Overseer advised he has had no response from the Centre Manager regarding my active application, despite several attempts to elicit a response. He also said he would email Centre Management again, notifying them my University Orientation is in two and a half weeks.
- 26th June 2024, the Governor of the Bathurst Correctional Centre came to the Honour House to discuss my latest formal complaint. The Facility Manager of Minimum Security was also in company. The Governor made a comment that, ‘I’m only a Governor’, She only ‘runs the business’. Moreover, declaring that her
only role in my application to be permitted C3 Study Leave is to approve Section 26s – local leave permits, for example, Section 26 (2) (g), which ‘enables an inmate to attend a place of education or training in connection with any course of education’. The Governor alleges her role is not to approve education. Claiming this responsibility is that of Corrective Services Industries Education. Next, I was advised that my application to C3 Study Leave and my formal complaint had been escalated to Senior Management in Corrective Services Industries which are responsible for Education. Also, she expressed that my crime and personal background have absolutely nothing to do with the delay. According to the Governor, my recent
postponement has purely been held up by policy – or lack thereof, I presume. She argued that the Corrective Services Industries Education policy is conflicting with the Corrective Services policy and inmate classification policy. Moreover, she affirmed that a part of the problem is that Corrective Services is a 200-year-old organisation, which in some ways operates 200 hundred years old. Then, she stated that my idle
hands need something to do after complimenting my letter, in which I declared in response, ‘Yes, I want to study’. She responded, ‘If study is what you want to do, study you will do’. Then she pronounced, ‘I have no idea what form your study will end up being’. I was informed that the Governor believes incarcerated in individuals integrating into the local community. Lastly, she asked do I have any questions. I inquired would I be attending Orientation next Friday, and she stated it would take a miracle. I thanked her for coming down to speak to me in person. My interpretation of this meeting: the Governor of Bathurst Correctional Centre supports and recommends C3 Study Leave. Presumably, the fault lies with Corrective Services Industries Education. Their policies are responsible for why I am allegedly not going to University next week – despite 10 weeks of notice, and an overall 9-month process in which I made my intentions clear early as possible in the process. Admittedly I caused the delay with ‘unauthorised changes’ to my education; specifically, when I
asked my mum to do the course change because no one responded for 4 months for my request to discuss this in early 2024. I waited until the cut-off date for the course change before I asked Mum. I felt I had no other option available due to the lack of communication. - 8th July 2024, the Education Officer came to the Honour House. She advised I had permission for my mother to act on my behalf through the University in regards to course changes and deferrals. She was surprised to learn the reason my University was revoked was because I had changed my course. She had no problem with it and was unaware it was an issue. I told her what the Governor said recently, she expressed the reason that she is not the reason that the application is being delayed. The last she had to do was instructing the Governor of the Corrective Services Industries Education decisions (no laptop or email, yet to University) and explaining how students in the past studied without those technologies. She had no reply from the Governor.
- 9th July 2024, The Honour House Overseer confirmed receipt of a confirmation email from Christie Donlan advising she has approved my mother to act on my behalf. The email was sent to the Governor and the Honour House staff. Also, Christie mentioned she would put it in my case notes.
- 15th July 2024. Spoke with the University Ombudsman. She advised she will draft a letter supporting the essential technologies required for Higher Education.
- 15th July 2024, Office of Sue Higginson, spokesperson for The Greens party, advised they will be taking my matter to Parliament at the Budget Estimates Committee in August/September 2024.
While I acknowledge the delay before was related to “unauthorised changes”, I have since sought permission from the Bathurst Education to avoid this complication again. The Education Officer adamantly expressed that I did not need formal approval to change my course, Macquarie Correctional Centre Education had set my mother to act on my behalf and the Bathurst Education Officer sought no reason to change this. However, I insisted on formal approval to avoid further conflict with the Bathurst Centre Management. My Case Notes will reflect this. I do not dispute this claim of supposed misconduct, but, I feel 18 months of delay because of a simple misunderstanding that a single conversation could have aleviated is unreasonable. I will spend more of my Minimum Security experience waiting for an approval than preparing for life after release. Upon receiving your first letter (ref: CESC24/00569) on Friday the 26 April 2024, I resubmitted an application for permission to study On-Campus at Charles Sturt University (register no.: FM4A00483). I followed your Instructions of going through the appropriate channels and I raised my concerns with Centre Management in the first instance. I made six enquiries over four months. I received no response from Centre Management; except from the Bathurst Education Officer who said they were also receiving no updates to my application other than my request for a personal laptop and access to an email account being denied.
It was not until I submitted a formal complaint regarding the denial of a personal laptop and an email account that I received a response.The Governor came to the Honour House to speak in person. She denounced her responsibility, saying it is not her job as Governor to approve education, rather her only role is to approve my Section 26 Local Leave Permit to attend education. In addition, stating that it is Corrective Service Industries Education and their policies which are holding up my application. Later, I spoke with the Bathurst Education Officer, she advised that Corrective Service Industries Education is not holding up my application, that my approval lays with the Governor.
It is worth noting, I made it clear it would be extremely difficult to study without a personal laptop or an email account in my application, however, on the 5th June 2024, and on the 17th June 2024, the Honour House Overseer relayed my concession to attend University without these essential technologies. To my knowledge, there was no response from Centre Management.
I am at a loss, my Solicitor advised that I continue to advocate for myself and document all interactions. All I want to do is to prepare for life after release. I strongly believe Higher education plays a central part of my rehabilitation. I am seeking final resolution to being formally approved to attend University as is my right (Corrective Services NSW Male Inmate Handbook 2022, pp.65-66; International Covenant on Economic, Social and Cultural Rights, Article 13 (2) (c)) which I have earned through half a decade of model behaviour and compliance with my rehabilitation plan.
This is irrespective to my active complaint regarding the personal laptop and email account, I acknowledge the lack of policy creates difficulty in issuing these essential technologies. My main point is, why is my C3 Classification to attend University through the C3 Study Leave Program not being approved. The Governor blames Education, Education insists it is the Governor’s final decision. Last time I went through the process, the Acting Governor said at a Management meeting that it is not Education, it is Study Leave and then approved my C3 Study Leave himself shortly after.
I am struggling to find a solution to this issue, and as a result, I am choosing to address my feelings of unfair treatment in a mature and appropriate manner. I have sent a copy of this confidential letter to Justice Action; the Director of Parliamentary and Executive Services at Corrective Services NSW; the Acting Commissioner of Corrective Services NSW; the NSW Ombudsman; the Minister for Corrections and the Office of Sue Higginson.
Sincerely,
Cody Ward MIN#620906
Bathurst Correctional Centre
PO BOX 166
Bathurst NSW 2795
Minister for Corrections
Anoulack Chanthivong