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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.

Parole Conditions in Queensland

Parole Conditions in Queensland

Parole Conditions in Queensland

By Prisoners' Legal Service
By Prisoners' Legal Service

All parole orders must have conditions setting out what you are required to do and what you must not do while on parole.  

Legal Corner

ISSUE NO. 10

3 MIN READ

Whistleblowing Laws: Protecting Those Who Speak Out

Whistleblowing Laws: Protecting Those Who Speak Out

Whistleblowing Laws: Protecting Those Who Speak Out

By Human Rights Law Centre lawyers Madeleine Howle and Kieran Pender
By Human Rights Law Centre lawyers Madeleine Howle and Kieran Pender

Wrongdoing thrives in the darkness. Too often, it is only because of brave people who speak out that the public learns what is happening in the shadows.

Legal Corner

ISSUE NO. 16

3 MIN READ

Legal Q&A: DSP After Prison

Legal Q&A: DSP After Prison

Legal Q&A: DSP After Prison

From Al
From Al

What is the legal sentence period after which an inmate must reapply for the DSP?

Legal Corner

ISSUE NO. 5

2 MIN READ

Freedom of Information (Part One of Two)

Freedom of Information (Part One of Two)

Freedom of Information (Part One of Two)

By Daniel Vansetten
By Daniel Vansetten

This is the first of a two-part series on Freedom of Information (FOI), (also called Right to Information). In this part, we explain why FOI is important and how to lodge an application for information.

Legal Corner

ISSUE NO. 4

9 MIN READ

Inspectors’ Report!

By About Time

Inspectors and ombudsmen regularly go to prisons and publish reports on what they find and what they think needs to be improved. They also complete reports on issues such as access to healthcare or the use of segregation.

Legal Corner

ISSUE NO. 23

4 MIN READ

The Parole Patchwork: An Overview of Australia’s Parole Laws

By Human Rights Law Centre lawyer Monique Hurley, with assistance from Connor Shaw

In recent years, regressive reform of parole laws in many places has made it increasingly difficult for people in prison to access parole.

Legal Corner

ISSUE NO. 23

4 MIN READ

Open Air in Prison: Your Rights Explained

By Human Rights Law Centre and Prisoners’ Legal Service

With people in prisons across the country being subjected to an “epidemic of prison lockdowns”, it is important to note that bare minimum safeguards exist in law, in most jurisdictions, that purport to guarantee at least some time ‘in the open air’ each day for people behind bars.

Legal Corner

ISSUE NO. 22

5 MIN READ

Law and Healthcare: Why Can’t I Get My Usual Prescriptions From Prison?

By Prisoners' Legal Service Queensland

There is a lot of talk about human rights in prison – with things like ‘the Mandela Rules’, ‘the principle of equivalence’, and access to health care without discrimination.

Legal Corner

ISSUE NO. 21

2 MIN READ

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