The power of Corrections Victoria and private prison operators to run a prison and to make decisions comes from the law. If they go beyond what they have the power to do, or if they get it wrong at law, then it is possible to take any decision to the Supreme Court for a judicial …
In addition to the criminal law there are rules at prisons that may give rise to disciplinary action. These are determined by the Corrections Act, Corrections Regulations, Directors’ Instructions, and local operating procedures. You should be made aware of the rules of the prison on admission. If not you should ask for a copy of …
The ‘Transitional Assistance Program’ is offered to everyone within 6 months of release. The program should provide information about community based programs to assist in your release. Informational sessions may also be run at the prison on topics such as drug and alcohol treatment services, accommodation, employment, education and legal issues. Multiple and complex needs …
A separation order is a disciplinary measure used to maintain the “good order, security and discipline” of the prison. If an incident occurs, or you face a disciplinary decision where there is a loss of all privileges, an order for your separation to “the slot” (management unit) may be made. The order must be in …
Everyone has an account with their money in it. This account is split up into 4 parts: (1) Spend Account: you can use this at the shop or canteen (2) Set-Aside Account: you can transfer money to this so you have funds for a special spend item, like runners (3) Withheld Account: this is a …
Arriving at prison The reception process into a prison, any prison, will probably be the most intimidating you will experience. You will be strip-searched by prison officers and you may be medically examined, weighed, measured and photographed. Reasonable force and disciplinary procedures may be used if you refuse to comply with being searched. You will …
If you think you may be going to prison, there are certain things you should try to do before going in because everything is much harder to get done once you are inside. 1. Sign a “power of attorney” – this is so the person you nominate (a family member or a friend) can manage …
The Ombudsman may be an effective avenue of complaint, particularly if you have an urgent issue that you cannot resolve with the prison authorities. Complaints to the Ombudsman must concern “an administrative act” of prison authorities. Administrative acts are those things where they make a decision that affects your interests or your rights. In writing …
You may be able to access VOCAT even while in prison, which can award damages for unlawful assaults. Compensation for medical expenses, loss of earnings, and in some cases pain and suffering may be claimed. The amount awarded will depend on a number of factors including the category of the act of violence or crime …
When a person dies in custody is a ‘notifiable incident’. This means that within 30 minutes of them finding the person dead, the incident must be reported to the Commissioner, and the Prison Manager must notify the prison’s medical officer and the prisoner’s ‘next of kin’. All records relating to the death must be preserved. …