The New South Wales government has acknowledged in an ongoing class action its vicarious liability for the sexual abuse of a female inmate by Wayne Astill, a former prison guard. Court documents submitted to the NSW Supreme Court disclose that the NSW Department of Communities and Justice (DCJ) admits that occasional instances of improper conduct by Astill towards inmates were known to some guards.
Nevertheless, the DCJ has contested claims that Astill’s authority and conduct at Dillwynia correctional centre were so authoritative that they enabled him to be viewed as the executive decision-maker of the DCJ.
Mills Oakley, a law firm, is spearheading the class action against the state of NSW, with seven inmates currently participating. Astill, a former police officer, was sentenced in 2023 for a maximum of 23 years after being convicted of 27 charges, including aggravated sexual and indecent assault. He worked as both a prison officer and a chief correctional officer at the prison before his arrest in 2019.
The inquiry following Astill’s conviction concluded that he should never have been employed by NSW prisons, citing corruption or incompetence as reasons for his hiring in 1999.
In the legal proceedings, the DCJ has admitted to the loss and damage suffered by the claimant due to Astill’s battery but denies the claims of unlawful imprisonment. Both sides are reportedly interested in exploring a settlement option. Justice Peter Garling has expressed concerns about the implications of a “soft closure” to the class action, fearing potential claimants may be excluded from participating due to the time limits imposed.
Source: https://www.theguardian.com/australia-news/2025/may/24/wayne-astill-class-action-nsw-government-admits-vicarious-liability-ntwnfb
