Explainer of Prison Offence Laws
Ethan Cassidy
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Legal Corner
There are major differences between how offences in prisons are dealt with around Australia. These offences typically range from minor ones, such as keeping an untidy cell, to more serious ones and others that can become criminal charges.
For non-criminal prison offences, the rules for how these are investigated and dealt with are outlined in the various state and territory corrections acts.
These state what type of actions are considered prison offences, who is responsible for investigating whether one has been committed, what burden of proof that it happened must be reached, what punishments can be imposed and whether it is possible to review one of these decisions.
There are major differences between how offences in prisons are dealt with around Australia. These offences typically range from minor ones, such as keeping an untidy cell, to more serious ones and others that can become criminal charges.
For non-criminal prison offences, the rules for how these are investigated and dealt with are outlined in the various state and territory corrections acts.
These state what type of actions are considered prison offences, who is responsible for investigating whether one has been committed, what burden of proof that it happened must be reached, what punishments can be imposed and whether it is possible to review one of these decisions.
Understanding Australia’s Legal System: How Legislation and Common Law Work Together
Understanding Australia’s Legal System: How Legislation and Common Law Work Together
Understanding Australia’s Legal System: How Legislation and Common Law Work Together
By Daniel Vansetten
By Daniel Vansetten
Australia has two sources of law: legislation and common law. Legislation is made by parliaments and is available in documents called acts. Common law is made by judges in court decisions and covers areas that have not been legislated.
Legal Corner
ISSUE NO. 11
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4 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
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6 MIN READ
Human Rights in Prison
Human Rights in Prison
Human Rights in Prison
By Human Rights Law Centre
By Human Rights Law Centre
All people behind bars should be treated with dignity.
Legal Corner
ISSUE NO. 10
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6 MIN READ
Freedom of Information (Part Two): Review Options
Freedom of Information (Part Two): Review Options
Freedom of Information (Part Two): Review Options
By Daniel Vansetten
By Daniel Vansetten
This is the second part of a two-part series on Freedom of Information (or Right to Information) laws. This part discusses ‘review processes’ – that is, what can be done if you are unhappy with the FOI decision, particularly if you were refused information and you think this was incorrect.
Legal Corner
ISSUE NO. 5
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10 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
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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
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2 MIN READ
Self-Advocacy from Prison: Procedural Fairness
By Dan Vansetten
Procedural fairness, often called “natural justice”, is a collection of rights, established under common law in Australia around the 1980s.
Legal Corner
ISSUE NO. 21
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2 MIN READ
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