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ISSUE NO. 17
December 2025
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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.

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.

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.

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.

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.

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.

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

Self-Advocacy from Prison: Procedural Fairness

Self-Advocacy from Prison: Procedural Fairness

Self-Advocacy from Prison: Procedural Fairness

By Dan Vansetten
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

Parole Conditions in Queensland

Parole Conditions in Queensland

Parole Conditions in Queensland

By Prisoners' Legal Service
By Prisoners' Legal Service

All parole orders must have conditions setting out what you are required to do and what you must not do while on parole.  

Legal Corner

ISSUE NO. 10

3 MIN READ

Freedom of Information (Part Two): Review Options

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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

What to Do: Mandatory Visa Cancellation Letters

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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

Interstate Prison Transfers 101

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.

Legal Corner

ISSUE NO. 24

4 MIN READ

Inspectors’ Report!

By About Time

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.

Legal Corner

ISSUE NO. 23

4 MIN READ

The Parole Patchwork: An Overview of Australia’s Parole Laws

By Human Rights Law Centre lawyer Monique Hurley, with assistance from Connor Shaw

In recent years, regressive reform of parole laws in many places has made it increasingly difficult for people in prison to access parole.

Legal Corner

ISSUE NO. 23

4 MIN READ

Open Air in Prison: Your Rights Explained

By Human Rights Law Centre and Prisoners’ Legal Service

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.

Legal Corner

ISSUE NO. 22

5 MIN READ