Explainer of Prison Offence Laws
Ethan Cassidy
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Legal Corner
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.
Date Published
December 9, 2025
Question from Dylan, Port Phillip Prison
Question from Dylan, Port Phillip Prison
I was reading a section of ‘Australia’s National Prison Newspaper’ where it gave some information about bail but I couldn’t find any information about people trying to vary intervention orders (I.V.O).
ISSUE NO. 10
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4 MIN READ
By Human Rights Law Centre lawyers Madeleine Howle and Kieran Pender
By Human Rights Law Centre lawyers Madeleine Howle and Kieran Pender
Wrongdoing thrives in the darkness. Too often, it is only because of brave people who speak out that the public learns what is happening in the shadows.
ISSUE NO. 16
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3 MIN READ
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.
ISSUE NO. 21
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2 MIN READ
By About Time
By About Time
I wonder if you could explain the new "No Body No Parole" law in New South Wales, where now people charged with murder or manslaughter need letters from the head of police?
ISSUE NO. 8
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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
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.
ISSUE NO. 23
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4 MIN READ