Does the prison have to investigate complaints?
Corrections Act 2004, ss 152, 153; Corrections Regulations 2005, regs 163, 165; Prison Operations Manual, PC.01.05
Yes. All complaints must be investigated fairly and properly, and as quickly as possible. The prison must also investigate in a way that’s culturally sensitive.
You must be kept updated on how your complaint is progressing.
However, prison managers can refuse to investigate a complaint if they believe it’s frivolous or vexatious (in other words, the issue is so unimportant that it’s not worth investigating or you’ve complained just to be annoying – for example, if you don’t like the colour of the walls in your cell or if you make 10 complaints every day).
If your complaint isn’t investigated you must be told this in writing. In that case you can still complain to an outside official – that is, to a prison inspector, a Visiting Justice, or the Ombudsman.
When they investigate, the prison must protect your identity, and only give out details of your identity as far as is necessary to enable them to investigate your complaint.