Explainer of Prison Offence Laws

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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.

When people are imprisoned, they lose their freedom, but they do not lose all of their human rights. International human rights law makes this very clear.
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People in prison can apply to transfer from a prison in one state or territory to another, generally for welfare reasons to be closer to family, community supports, or rehabilitation opportunities.
On 1 April 2026, the Australian Parliament passed new laws which will change the way Commonwealth parole works.
People in prison can apply to transfer from a prison in one state or territory to another, generally for welfare reasons to be closer to family, community supports, or rehabilitation opportunities.
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.
In recent years, regressive reform of parole laws in many places has made it increasingly difficult for people in prison to access parole.