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This is a RCIADIC recommendation

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130

Transfer health information between police and corrections

High Priority

That:
a) Protocols be established for the transfer between Police and Corrective Services of information about the physical or mental condition of an Aboriginal person which may create or increase the risks of death or injury to that person when in custody;
b) In developing such protocols, Police Services, Corrective Services and health authorities with Aboriginal Legal Services and Aboriginal Health Services should establish procedures for the transfer of such information and establish necessary safe-guards to protect the rights of privacy and confidentiality of individual prisoners to the extent compatible with adequate care; and
c) Such protocols should be subject to relevant ministerial approval.

Priority for Further Work:

High

Relevance and potential impact

Low (0-2)

Moderate (3-4)

High (5-6)

Extent of action taken and evidence of outcomes

High (5-6)

Moderate (3-4)

Low (0-2)

Background

The Royal Commission into Aboriginal Deaths in Custody (RCIADIC) was critical of information silos between police, corrections, health professionals, and Aboriginal organisations.

In several cases that were investigated, there were problems with corrections staff not having access to important information about a prisoner’s health and wellbeing. This often caused tension between medical staff and corrections staff. In some instances, medical staff didn’t share crucial details about a prisoner’s physical or mental condition, which affected the prisoner’s care. A major issue identified was the lack of a proper system for sharing relevant information, not just between medical and corrections staff (in both directions), but also among corrections staff themselves.

At the time, there was no system for recording and exchanging information between agencies, and as a result, the Commission highlighted examples where people in custody suffered because of vital information not being communicated between police and corrections. One example regarded a man who passed in custody because there was a ‘failure of police to notify Corrective Services of previous threats made by the deceased to take his own life’.

By the time the Final Report was published, processes were established in some jurisdictions requiring ‘information relating to an individual’s medical condition, medication, mental condition, and any other information relevant to risk potential’ to be recorded and accompany the prisoner on transfer to a correctional institution.

Further, the Commission emphasised the importance of striking a balance between a person’s right to confidentiality and the sharing of relevant information to safeguard their wellbeing and ensure that appropriate medical attention was provided.

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© 2026 Aboriginal Justice Caucus.

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© 2026 Aboriginal Justice Caucus.

All rights reserved.