Healthcare Entitlements

1. Fundamental Rights and Legal Principles

Principle of Equivalence of Care

Under the United Nations Mandela Rules (Rules 24–35) and applicable NSW frameworks, people in custody retain their right to healthcare. Medical, psychiatric and dental care should be provided to a standard equivalent to that available in the community, without discrimination based on custodial status.

Free Public Healthcare

Clinical care and inpatient or outpatient treatment through the NSW public hospital system are provided without personal charges to people in custody.

Independence of Healthcare

Corrective Services NSW (CSNSW) is responsible for custody and security. The Justice Health and Forensic Mental Health Network (Justice Health NSW) is responsible for providing clinical healthcare services.

Informed Consent and Autonomy

People in custody retain rights concerning informed consent and refusal of treatment or examinations. Refusals may be documented using a Refusal of Treatment form. Exceptions to consent requirements are governed by applicable emergency and mental health laws.

Remand and Sentenced Prisoners

People on remand and sentenced prisoners have equivalent entitlements to medical care, emergency treatment and access to specialist services.

2. Routine Healthcare and Everyday Access

Reception Screening Assessment

On arrival, nursing staff undertake a reception health assessment, ideally within 24–48 hours, to identify existing conditions, infectious disease risks, mental health and self-harm concerns, and possible alcohol or drug withdrawal, including assessment using relevant clinical protocols.

Accessing Clinic Appointments

People in custody may seek primary healthcare through self-referral forms placed in locked health boxes, triage arrangements, available electronic kiosks or the free Patient Enquiry and Self-Referral Service (PERS) telephone line.

Medication Continuity

Existing prescriptions are assessed and verified when a person enters custody. Medicines may be supplied through directly observed administration (often called a “meds line”) or, where clinically and operationally authorized, as Keep-on-Person (KOP) medication.

Dental Care

Dental services include assessment and treatment of urgent pain and acute infection, as well as basic extractions. Acrylic dentures may be available to eligible patients under applicable guidelines.

Optical Care

Basic reading or magnifying glasses may be provided without charge. Prescription glasses are subject to optometrist assessment and applicable departmental guidelines.

Allied Health

Physiotherapy, podiatry and audiology may be accessed following a general practitioner referral where clinically indicated.

3. Special Custodial Protections and Safety Holds

Segregation and Protective Custody

People held in isolation, non-association or cellular confinement remain entitled to essential healthcare. The reference guide describes daily face-to-face nursing reviews and observations, together with access to adequate lighting, exercise and diet.

Medical Holds

Clinicians may arrange a formal medical hold when a patient requires specialist treatment, 24-hour nursing oversight or monitoring of a new treatment regimen, to prevent a transfer that would interrupt necessary care.

Emergency Response

In life-threatening emergencies, custodial staff must facilitate timely access for healthcare personnel and external emergency responders, including ambulance services reached through Triple Zero (000).

4. Mental Health and Support Services

Mental Health Helpline

The Mental Health Helpline (MHHL) is described as a free, confidential, 24-hour service accessible to people in custody through the Common Auto Dial List (CADL), providing triage, support and referral.

Specialist Mental Health Facilities

The reference guide identifies Mental Health Screening Units, including facilities at the Metropolitan Remand and Reception Centre and Silverwater Women’s Correctional Centre, and inpatient services at Long Bay Hospital and the Forensic Hospital.

Culturally Secure First Nations Care

Aboriginal and Torres Strait Islander patients may access Aboriginal Health Workers, Aboriginal Medical Services and Aboriginal mental health clinicians as part of assessment and care planning.

5. Private Care, Release and Health Records

Private Healthcare and Second Opinions

People in custody may request a second medical opinion or access private practitioners, subject to approval by the CSNSW governor. The reference guide states that patients or their legal representatives may be responsible for private consultation, investigation, transport and escort costs.

Discharge and Transition to Community

On release, patients should receive a health discharge summary and a transitional supply of maintenance medicines, typically around seven days, to assist continuity of care until they can see a community healthcare provider.

Privacy and Access to Health Records

Justice Health electronic health records (eMR/JHeHS) are maintained separately from CSNSW custodial information systems (OIMS). Patients or authorized representatives may seek records through the Justice Health Health Information Unit, formal information-access processes or court orders, as applicable.