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Legal Corner

Explainer of Prison Offence Laws

Ethan Cassidy

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.

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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.

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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.

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This
article
was originally printed in the
December 2025
edition of About Time.
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.

ISSUE NO. 19
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3 MIN READ
By Meg Tait and About Time (with help from Uther Webster & Evans Solicitors and Daniel Vansetten)
By Meg Tait and About Time (with help from Uther Webster & Evans Solicitors and Daniel Vansetten)

Bail is a promise you can make that you will return to court. It means you can stay in the community (instead of jail) until your legal matters finish. If you are being held in custody and you haven’t been found guilty, you may be able to apply for bail.

ISSUE NO. 3
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15 MIN READ
By Daniel Vansetten
By Daniel Vansetten

If you believe your right to a fair trial has not been provided, you should seek advice from a lawyer.

ISSUE NO. 7
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5 MIN READ
By Prisoners’ Legal Service (Queensland)
By Prisoners’ Legal Service (Queensland)

This article discusses some of the human rights that may be relevant in prison with reference to human rights protections under the Human Rights Act 2019 (QLD) in Queensland.

ISSUE NO. 8
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6 MIN READ
By Prisoners’ Legal Service QLD

If you have been the victim of a crime, you may be able to apply for financial assistance through a government-run victim compensation scheme.

ISSUE NO. 27
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3 MIN READ
By Anthony Burke

The law, like other professions, has its own language. It helps keep all the lawyers huddled around some special stuff and keep the rest of us outside.

ISSUE NO. 26
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4 MIN READ
Prisoners’ Legal Service QLD

On 1 April 2026, the Australian Parliament passed new laws which will change the way Commonwealth parole works.

ISSUE NO. 25
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3 MIN READ
By About Time

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.

ISSUE NO. 24
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4 MIN READ
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