Australia's National
Prison Newspaper

Australia's National
Prison Newspaper

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About Time is the national newspaper for Australian prisons and detention facilities

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ISSUE NO. 20

March 2026

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Legal Corner

Confusing Decision Made About You? Maybe FOI Can Help

Prisoners can use Freedom of Information requests to check if prison authority decisions about them are based on accurate records

Daniel Vansetten spent around 12 years in prison and has since gone on to study a Bachelor of Law at university. He uses his lived experience and study to advocate for prison reform through volunteering with various organisations as well as writing for About Time and producing podcasts with former inmates.

Authorities make decisions about prisoners all the time. These decisions include prison transfers, access to courses, parole – you name it. These decisions are often made by considering a prisoner’s records. If the records are incomplete or inaccurate, any decision made from those records will likely be faulty, or, as the law says, “invalid”. Ensuring completeness and accuracy of your records is therefore crucial to ensuring any decisions made against you are valid decisions.

The concern for those who are subjected to government decisions is that they often do not get to see the integrity of the information which was considered by the decision-maker and don’t get to check if it’s correct.

In my experience, prison authorities usually do not proactively disclose the information considered in their decisions. So how can a prisoner know if that information is correct? With the help of my good friends Freedom of Information and Right to Information (FOI)!

Understanding the need for FOI is not always clear. A strong indicator that records may be faulty is when a decision made against you seems inconsistent with similar decisions made against others in similar circumstances. In that case, FOI can assist in checking the information considered to make the decision.

Sometimes, the decision seems okay. Nevertheless, the integrity of the records still may have been compromised and prevented an even better outcome.

If the decision has the potential to impact your life significantly, it may be wise to use FOI to be certain of the integrity of the records considered by the decision-maker.

Take this example. During a case review I underwent in prison, the case manager advised me that she was recommending my transfer from a medium to a low security prison. The outcome of the case review was decided by a committee. I had just completed a rehabilitation program and a post treatment report was purportedly provided to the committee for consideration. The committee’s decision was that I was to remain in medium security for assessment for participation in a rehabilitation program.

This decision did not make sense to me so I sought a review of the decision. Through FOI, I obtained all documents considered by the committee in making their decision. Sure enough, I found that the committee did not consider the post-treatment report. I negotiated a new decision and made sure all future decisions considered this post-treatment report.

My message to you is this: the integrity of records in decisions matters. These decisions, such as case reviews, home detention and parole applications, and many others, can have significant impact on our lives.

FOI is reasonably accessible by all, either by making an application to the relevant FOI office in writing, or obtaining and submitting FOI application forms provided by prison authorities, or applying online if internet access is available. Your case manager should be able to provide forms and/or an address to write to.

Authorities make decisions about prisoners all the time. These decisions include prison transfers, access to courses, parole – you name it. These decisions are often made by considering a prisoner’s records. If the records are incomplete or inaccurate, any decision made from those records will likely be faulty, or, as the law says, “invalid”. Ensuring completeness and accuracy of your records is therefore crucial to ensuring any decisions made against you are valid decisions.

The concern for those who are subjected to government decisions is that they often do not get to see the integrity of the information which was considered by the decision-maker and don’t get to check if it’s correct.

In my experience, prison authorities usually do not proactively disclose the information considered in their decisions. So how can a prisoner know if that information is correct? With the help of my good friends Freedom of Information and Right to Information (FOI)!

Understanding the need for FOI is not always clear. A strong indicator that records may be faulty is when a decision made against you seems inconsistent with similar decisions made against others in similar circumstances. In that case, FOI can assist in checking the information considered to make the decision.

Sometimes, the decision seems okay. Nevertheless, the integrity of the records still may have been compromised and prevented an even better outcome.

If the decision has the potential to impact your life significantly, it may be wise to use FOI to be certain of the integrity of the records considered by the decision-maker.

Take this example. During a case review I underwent in prison, the case manager advised me that she was recommending my transfer from a medium to a low security prison. The outcome of the case review was decided by a committee. I had just completed a rehabilitation program and a post treatment report was purportedly provided to the committee for consideration. The committee’s decision was that I was to remain in medium security for assessment for participation in a rehabilitation program.

This decision did not make sense to me so I sought a review of the decision. Through FOI, I obtained all documents considered by the committee in making their decision. Sure enough, I found that the committee did not consider the post-treatment report. I negotiated a new decision and made sure all future decisions considered this post-treatment report.

My message to you is this: the integrity of records in decisions matters. These decisions, such as case reviews, home detention and parole applications, and many others, can have significant impact on our lives.

FOI is reasonably accessible by all, either by making an application to the relevant FOI office in writing, or obtaining and submitting FOI application forms provided by prison authorities, or applying online if internet access is available. Your case manager should be able to provide forms and/or an address to write to.

Be Prepared: New Restrictions on Mobile Phones in Immigration Detention

Be Prepared: New Restrictions on Mobile Phones in Immigration Detention

Be Prepared: New Restrictions on Mobile Phones in Immigration Detention

By Josephine Langbien
By Josephine Langbien

New laws mean that immigration detention officers can now confiscate things like mobile phones, iPads and laptops, which were previously allowed in detention centres. If you’re facing time in immigration detention at the end of your sentence, this article gives some practical tips to prepare for the new rules before you go.

Legal Corner

ISSUE NO. 19

3 MIN READ

Legal Corner

ISSUE NO. 12

2 MIN READ

Common Human Rights Issues in Prison

Common Human Rights Issues in Prison

Common Human Rights Issues in Prison

By Prisoners’ Legal Service (Queensland)
By Prisoners’ Legal Service (Queensland)

This article discusses some of the human rights that may be relevant in prison with reference to human rights protections under the Human Rights Act 2019 (QLD) in Queensland.

Legal Corner

ISSUE NO. 8

6 MIN READ

DNA Testing in Queensland Under Review

DNA Testing in Queensland Under Review

DNA Testing in Queensland Under Review

By Prisoners Legal Service
By Prisoners Legal Service

In Queensland, there have been concerns raised about the way DNA evidence is processed and examined in forensic laboratories.

Legal Corner

ISSUE NO. 14

2 MIN READ

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What Happens to Your Debts While You’re Inside?

By Prisoner Legal Service Queensland

Generally, debts can be put into two categories. First, there are private debts (e.g. from a bank, a landlord, a car dealer, or ‘Afterpay’). Second, there are debts owed to the State (e.g. unpaid fines).

Legal Corner

ISSUE NO. 20

2 MIN READ

Practical Self-Advocacy Tips: Part 1 – Using Prison Policies

By Daniel Vansetten

One of the most important aspects of self-advocacy in prison is to understand the rights of prisoners and the limitations of power of prison authorities.

Legal Corner

ISSUE NO. 19

2 MIN READ

Be Prepared: New Restrictions on Mobile Phones in Immigration Detention

By Josephine Langbien

New laws mean that immigration detention officers can now confiscate things like mobile phones, iPads and laptops, which were previously allowed in detention centres. If you’re facing time in immigration detention at the end of your sentence, this article gives some practical tips to prepare for the new rules before you go.

Legal Corner

ISSUE NO. 19

3 MIN READ

How to Prepare for Your Defence

This is from a booklet of legal information from an anonymous prisoner.

The criminal justice system deals with proof, not truth. The police and Crown present allegations; the defence rebuts them; the jury decides whether the Crown has met the required standard of proof. “Truth” and “innocence” are not part of the legal equation.

Legal Corner

ISSUE NO. 18

4 MIN READ

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Help us get About Time off the ground. All donations are tax deductible and will be vital in providing an essential resource for people in prison and their loved ones.

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