The Detainee Risk Management Plan (DRMP) system in New South Wales has faced renewed scrutiny. In response to our recent successful case study on DRMP in NSW, in which the inhumane treatment of a young Aboriginal detainee was brought under the microscope, the topic is under a fresh wave of backlash.
What is a DRMP in NSW?
A DRMP is intended as a risk assessment and management system to address behavioural or safety concerns posed by individual detainees. However, in practice, DRMPs have often resulted in the routine and excessive imposition of restrictive measures such as isolation, handcuffing, and strip searches, disproportionately affecting already vulnerable youth.
Our Recent Case: Dan’s Ordeal in NSW Detention
Our client endured prolonged solitary confinement, repeated handcuffing, and frequent strip searches while detained at various NSW juvenile justice centres. The DRMPs imposed on him:
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Enforced solitary confinement, sometimes for months at a time, often without sunlight or adequate facilities.
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Required handcuffing for almost any movement, including to attend minimal programs or even meals.
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Mandated repeated strip searches based on vague or dubious behavioural triggers.
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Banned Dan from interacting or mixing with other detainees, even during recreation and meals.
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Restricted his access to schooling, phone calls, and all meaningful social contact.
Extensive court documents revealed that such regimes were often put in place without essential legal authorisation, in clear breach of NSW legislation.
Read our other successful case study on DRMP.
Typical DRMP Restrictions
A young person placed on a DRMP may face one or more of the following conditions:
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Solitary confinement or extended time in locked rooms, frequently with minimal human contact
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Routine and blanket handcuffing during all movements within the facility, regardless of the activity or the young person’s recent behaviour
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Frequent or arbitrary strip searches, sometimes using loosely defined criteria or “behavioural” suspicions
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Prohibition on participation in group recreation or education, denying access to normal socialisation and rehabilitation opportunities
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Severe restrictions on visitation, phone calls, and access to support services
Legal and Human Rights Issues Raised by DRMP in NSW
Ongoing legal challenges and civil claims have underscored major concerns:
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Risk of Unlawful Detention: Extended and repeated use of isolation or restraints can breach the Children (Detention Centres) Act 1987 (NSW), which requires that such restrictions only be used as a last resort and for the shortest time necessary.
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False Imprisonment and Excessive Force: The use of handcuffs, strip searches, and solitary confinement often exceeds what is lawful or necessary and may constitute actionable assault, battery, or false imprisonment.
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International Human Rights Violations: Australia is a signatory to multiple treaties, including the Convention Against Torture and Convention on the Rights of the Child that prohibit the use of cruel, inhuman, or degrading treatment on juveniles in custody.
Systemic Concerns and Calls for Reform
Recent case studies, including successful legal challenges, show that DRMPs have been misapplied, often for punitive rather than protective reasons, and with inadequate oversight. These practices disproportionately affect Aboriginal and other vulnerable youth. Experts highlight the need for:
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Improved independent oversight and case review for all DRMP applications
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Alternatives to solitary confinement, especially for minors
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Adapting risk management strategies to prioritise rehabilitation over punishment
Checking in With DRMP in NSW
Well-intentioned as they may be, DRMPs, without firm checks and balances, can rapidly become tools for excessive control and mistreatment. Ensuring compliance with both NSW law and international standards is not just a legal formality; it is vital for the dignity, rehabilitation, and future prospects of all young people detained in the system.
Need Help with a Similar Case on DRMP in NSW?
If you or someone close to you has suffered due to the actions of authorities or through a traumatic loss, you may have the right to seek compensation. Our experienced civil lawyers can help.
Contact us today for a confidential consultation and take the first step towards resolution.
Call (02) 9261 4281
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*We always change details in our case studies to protect client confidentiality.
- Nicole Byrnehttps://obriensolicitors.com.au/author/nicolebyrne964/
- Nicole Byrnehttps://obriensolicitors.com.au/author/nicolebyrne964/
- Nicole Byrnehttps://obriensolicitors.com.au/author/nicolebyrne964/
- Nicole Byrnehttps://obriensolicitors.com.au/author/nicolebyrne964/