'Incompetent or corrupt' to employ rapist prison guard

Either incompetence or corruption is to blame for a rapist prison guard with a history of serious misconduct getting a job, according to a scathing report that has triggered a major review of the NSW jail system.

Authorities could not rule out on Wednesday that the criminal behaviour of Wayne Astill was being repeated elsewhere and other sex offenders could be working in the state's prisons.

The possibility of more widespread misconduct has prompted a new task force to scrutinise all corrections facilities and implement much-needed reforms.

Astill was sentenced in March 2023 to a maximum 23 years in jail for the rape and indecent assault of nine women while working as a guard at Dillwynia Correctional Centre, in Sydney’s west.

An inquiry report handed down on Wednesday found he should never have been employed.

"Whether corruption or incompetence (it must have been one or the other) was responsible for his acceptance by CSNSW, I cannot say," commissioner and former NSW Supreme Court judge Peter McClellan said.

"It has led to tragic consequences for both prisoners and prison officers."

Justice Peter McClellan (file)
Either incompetence or corruption is to blame, according to Peter McClellan.

The commissioner noted Astill's police personnel file "contained complaints of serious criminal and other misconduct" and should have raised questions before he was hired.

The 67-year-old will spend at least 15 years and four months behind bars for abusing his position of authority to commit offences over several years, up until his suspension in 2019.

The NSW government ordered an inquiry in July after allegations Astill's crimes were concealed by other staff and dismissed by high-ranking managers, allowing the abuse to continue.

It was an open secret within the jail that Astill engaged in sexual acts with female inmates, the inquiry heard.

Corrections Minister Anoulack Chanthivong said a task force led by departmental secretary Michael Tidball would investigate the multiple failures within the system highlighted in the inquiry.

"There have been a number of systemic failures that allowed Mr Astill's criminal activities (and) conduct to actually flourish," he said.

The task force would "examine the system-wide changes needed to fix a broken culture and failed procedures", he added.

Mr Chanthivong said he would act on the report's recommendations to install additional CCTV cameras at Dillwynia, include compulsory online sexual harassment training for all corrections staff and mandate body-worn cameras for those in uniform who worked with inmates.

NSW Minister for Better Regulation Anoulack Chanthivong (file)
Anoulack Chanthivong says a task force will investigate multiple failures within the system.

He conceded he had received reports "about other sorts of behaviours at other correctional facilities".

Mr McClellan said in his report he was unable to say whether similar problems existed in other centres.

"It would be wrong to assume there are not problems elsewhere," he wrote.

The commissioner also noted he had likely been unable to uncover all possible wrongdoing Dillwynia. 

"I am also concerned that given the culture inside Dillwynia, the friendships and determination not to 'dob' mates, together with the desire to avoid criticism, I may not always have been told the truth," Mr McClellan wrote.

"Where I can, I have identified those problems, but I doubt that I have been able to reveal all of the detail of the dysfunction within the jail."

Acting Corrective Services NSW commissioner Leon Taylor said authorities would work to eliminate all criminal behaviour inside prisons.

“(That) one of our own was a worse criminal than many we look after is a truly awful and permanent part of our history," he said.

The inquiry examined whether prison employees or management had knowledge or reasonable suspicion of Astill’s offending, whether any steps were taken to prevent it and whether adequate supervisory systems and oversight were in place.

Under the commissioner's recommendations, the task force will review the structure, staff performance and management of Corrective Services NSW and report to the Department of Communities and Justice.

1800 RESPECT (1800 737 732)

National Sexual Abuse and Redress Support Service 1800 211 028

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