The former corrections officer Wayne Astill should “never have been employed” to work in New South Wales prisons, an inquiry has found, after complaints of serious criminal misconduct were made decades before he was found guilty of sexually assaulting female inmates.
Handing down his report after a special commission of inquiry into Astill’s offending at the Dillwynia women’s correctional centre, the commissioner, Peter McClellan, said it was “corruption or incompetence” that saw the former police officer hired by Corrective Services NSW in 1999.
McClellan, a former NSW supreme court judge, found there had been “tragic” consequences as a result of notes on Astill’s file from his time working as a police officer and detective being ignored.
“He should never have been employed by CSNSW,” McClellan said.
“His file contained complaints of serious criminal and other misconduct which, apart from raising questions as to why he was not prosecuted, cast doubt on the integrity of CSNSW’s employment process.
“Whether corruption or incompetence (it must have been one or the other) was responsible for his acceptance by CSNSW, I cannot say. It has led to tragic consequences for both prisoners and prison officers.”
The state government released McClellan’s scathing 800-page report on Wednesday after months of hearings. It included 31 recommendations including urgent improvements to CCTV coverage at the prison and a clarification of the reporting requirements for allegations of misconduct.
Astill was jailed for a maximum of 23 years in 2023 for abusing his position and assaulting women at Dillwynia, on the outskirts of Sydney, for several years.
He was an officer and then chief correctional officer at the centre for a decade before being found guilty of 27 charges, including aggravated sexual and indecent assault.
The inquiry was announced last July by the state’s corrections minister, Anoulack Chanthivong, who said he had been “shocked and absolutely appalled” after Astill’s conviction and ordered the review to be led by McClellan.
McClellan was critical of the jail’s management and culture.
“It is impossible to believe that … a majority of correctional officers and a great many inmates would not have been aware that Astill may be ‘up to no good’,” he said.
“Instead of investigating the rumours, the management of the gaol sought to suppress them at multiple levels. In many cases, the available evidence was more than rumour.”
He found the culture, practices and procedures at Dillwynia were “inadequate and inappropriate”, as was the performance of several correctional officers and their managers.
“Multiple officers and managers failed to do their duty. The problems were exacerbated by the failure of multiple levels of managers in CSNSW to ensure that both the management system and the managers who administered it were capable of dealing with the problems that emerged.”
He found that the investigations branch of CSNSW was “hopeless”.
McClellan also raised concerns about the lawyers working for the department who he said failed to raise with enough time that other former officers could have given relevant evidence to the inquiry.
“I trust that if there is relevant evidence that has not been drawn to my attention it has not been deliberately withheld. If it has, it would constitute serious misconduct,” he said.
In a joint statement, the NSW premier, Chris Minns, and Chanthivong acknowledged the “confronting and distressing” report.
“It is a stark description of the multiple failings in the management of reports of misconduct,” they said.
“The offences and systemic issues detailed in the report are deplorable and inexcusable.”
They thanked those who gave evidence and pledged to “repair the correctional system and ensure future complaints are fully and appropriately investigated”.
The government has established a taskforce in the office of the secretary of the Department of Communities and Justice that will be responsible for implementing the recommended reforms.
• Information and support for anyone affected by rape or sexual abuse issues is available at 1800Respect (1800 737 732). Other international helplines can be found at ibiblio.org/rcip/internl.html
