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
Donate Here
•
Legal Corner
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.
What to Do: Mandatory Visa Cancellation Letters
What to Do: Mandatory Visa Cancellation Letters
What to Do: Mandatory Visa Cancellation Letters
By RACS (Refugee Advice and Casework Service)
By RACS (Refugee Advice and Casework Service)
You got this letter to say that your visa has been cancelled due to your offending. This means you no longer hold a visa.
Legal Corner
ISSUE NO. 15
•
4 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
•
10 MIN READ
Freedom of Information (Part One of Two)
Freedom of Information (Part One of Two)
Freedom of Information (Part One of Two)
By Daniel Vansetten
By Daniel Vansetten
This is the first of a two-part series on Freedom of Information (FOI), (also called Right to Information). In this part, we explain why FOI is important and how to lodge an application for information.
Legal Corner
ISSUE NO. 4
•
9 MIN READ
Be Prepared: New Restrictions on Mobile Phones in Immigration Detention
Be Prepared: New Restrictions on Mobile Phones in Immigration Detention
Be Prepared: New Restrictions on Mobile Phones in Immigration Detention
By Josephine Langbien
By Josephine Langbien
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.
Legal Corner
ISSUE NO. 19
•
3 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
•
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
•
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
ISSUE NO. 20
•
2 MIN READ
Practical Self-Advocacy Tips: Part 1 – Using Prison Policies
By Daniel Vansetten
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.
Legal Corner