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

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.

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.
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.
If you believe your right to a fair trial has not been provided, you should seek advice from a lawyer.
If a prisoner is detained in solitary confinement, the conditions they face in custody are significantly more challenging compared to the general prison population. In some cases, this may be taken into account by a sentencing court and result in a shorter sentence being imposed.
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.
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.
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.