Your browser window currently does not have enough height, or is zoomed in too far to view our website content correctly. Once the window reaches the minimum required height or zoom percentage, the content will display automatically.
Alternatively, you can learn more via the links below.
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. Prison policies can be a good place to start to understand these rights and limitations.
Each state and territory has its own rules for disclosure of prison policies to prisoners and the community. New South Wales, for example, has legislation, the Government Information (Public Access) Act 2009, that requires prison authorities to proactively make prison policies available to the public. A quick google search for ‘prison policies in NSW’ reveals a significant database of prison policies, procedures, memorandums, guidelines and more.
Other jurisdictions, however, may not be required to disclose prison policies to the public. They therefore may disclose some policies and not others. Some jurisdictions choose generally not to disclose policies. People seeking to access prison policies may therefore be required to lodge applications for policy via Freedom of Information or Right to Information processes.
Obtaining actual policy documents may be crucial. For example, a certain state had introduced a policy for prisoner case reviews during around 2010. The case review process was important: it was the process used to determine whether prisoners could progress through from high to medium and to low security prisons. The process allowed prisoners to take part and provide written submissions for consideration for the case review and allowed prisoners to appeal decisions on those case reviews. The corrections authority, however, did not inform prisoners of their right to appeal these decisions. Further, the policies were only accessible by Freedom of Information. Around 2018, a prisoner decided to obtain a copy of the policy via Freedom of Information and discovered the right of appeal. Up until 2018, some eight years after the policy was released, prisoners did not know about or exercise this extremely important right. It was only through accessing the document did prisoners learn
their rights.
My tips for identifying and obtaining policy documents are:
This should give you a list of all policies available from which a further application for information can be made for specific policies.
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. Prison policies can be a good place to start to understand these rights and limitations.
Each state and territory has its own rules for disclosure of prison policies to prisoners and the community. New South Wales, for example, has legislation, the Government Information (Public Access) Act 2009, that requires prison authorities to proactively make prison policies available to the public. A quick google search for ‘prison policies in NSW’ reveals a significant database of prison policies, procedures, memorandums, guidelines and more.
Other jurisdictions, however, may not be required to disclose prison policies to the public. They therefore may disclose some policies and not others. Some jurisdictions choose generally not to disclose policies. People seeking to access prison policies may therefore be required to lodge applications for policy via Freedom of Information or Right to Information processes.
Obtaining actual policy documents may be crucial. For example, a certain state had introduced a policy for prisoner case reviews during around 2010. The case review process was important: it was the process used to determine whether prisoners could progress through from high to medium and to low security prisons. The process allowed prisoners to take part and provide written submissions for consideration for the case review and allowed prisoners to appeal decisions on those case reviews. The corrections authority, however, did not inform prisoners of their right to appeal these decisions. Further, the policies were only accessible by Freedom of Information. Around 2018, a prisoner decided to obtain a copy of the policy via Freedom of Information and discovered the right of appeal. Up until 2018, some eight years after the policy was released, prisoners did not know about or exercise this extremely important right. It was only through accessing the document did prisoners learn
their rights.
My tips for identifying and obtaining policy documents are:
This should give you a list of all policies available from which a further application for information can be made for specific policies.
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.
The federal election is coming up. It happens about every three years. It’s for electing the government for the whole country – the federal government.
All parole orders must have conditions setting out what you are required to do and what you must not do while on parole.
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.
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.
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.
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.
Your security classification impacts which prison you are placed in and the level of security that is imposed on you.
Help keep the momentum going. All donations will be vital in providing an essential resource for people in prison and their loved ones.
All donations of $2 or more are tax deductible. If you would like to pay directly into our bank account to avoid the processing fee, please contact donate@abouttime.org.au. ABN 67 667 331 106.
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.
About Time is bound by the Standards of Practice of the Australian Press Council. If you believe the Standards may have been breached, you may approach About Time or make a complaint to the Australian Press Council in writing at www.presscouncil.org.au. The Council may also be contacted on 1800 025 712.
Leave a Comment
Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere. uis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.