Australia's National
Prison Newspaper

Australia's National
Prison Newspaper

Welcome to About Time

About Time is the national newspaper for Australian prisons and detention facilities

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.

Donations via GiveNow

Email

Instagram

LinkedIn

ISSUE NO. 2

August 2024

Donate Here

Legal Corner

How to Complain to the Ombudsman

Reporting complaints against government decisions and actions

Gabrielle Henderson

Font Size
Font Size
Line Height
Line Height
Dyslexia Friendly
Black & White
Hide Images
Night Mode

What is the Ombudsman?

The Ombudsman is an independent organisation that oversees complaints against government decisions and actions. Each state/territory has their own Ombudsman. The Ombudsman responds to a complaint by investigating from both sides what has happened and why.

What can I complain about?

People in prison can complain to the Ombudsman about certain decisions of prison authorities. These are administrative decisions, meaning decisions made from certain legal powers that impact your rights. These include (but are not limited to!):

  • ability to access a certain program in prison;
  • amount of time allowed out of your cell;
  • access or management of your prison money; and
  • conduct of prison staff during searches and seizures etc.

Note: The Ombudsman cannot take complaints on issues that relate to staff shortages or the physical condition of the prison as these are not ‘administrative acts’ (acts done by someone who has certain powers under the law). These types of issues are matters for the Minister for Corrections, who can also be written to.

What’s the point of making a complaint? What will happen?

The Ombudsman will assess your complaint to see if it’s an issue they can assist with. If so, they will also ask the prison for their version of events. They will see if the prison can change their practices and will go on to make further recommendations. However, prison authorities do not have to do what the Ombudsman recommends. Their powers are quite weak.

You might get a letter saying that the complaint is ‘resolved’ or they will ‘close’ the complaint without things changing much. If you’re unhappy with the decision, you can ask for an ‘internal review’, where a senior Ombudsman reviews the decision. But that might not change their decision either.

While the system can be frustrating, it is always good to let the Ombudsman know about an issue so it is on record, even if you think nothing will happen. It can contribute to a number of other complaints around similar issues, and raise ‘systemic’ concerns that the Ombudsman then investigates. Anything from an Ombudsman investigation may also serve as evidence if you take something to court later.

Know that you always have a right to complain and while you may not get the result you wanted, you are standing up for what you believe is right, which no one can take away from you.

How can I make a complaint?

Firstly, the Ombudsman will only take on a complaint if you’ve raised it with the prison first. You should make this complaint in writing and most likely to the General Manager. Ask someone to help you with your complaint if you need.

Then you wait. The Ombudsman will usually only help after enough time has passed, usually 30 days. After this time, if you haven’t heard anything from the prison, you should complain. If you received a response from the prison for your complaint and you’re not happy with it, you should complain to the Ombudsman.

However, if you have an urgent issue like you have been told you are being transferred to another prison, or you have been denied access to items you require for medical reasons for example, and you have not been able to resolve these issues with the prison, you should still contact the Ombudsman. They may be able to then contact the prison so that this type of decision can be delayed while a review can be made.

The Ombudsman will not touch anything that is going to court. It is always a good idea to make a complaint to the Ombudsman before taking anything to court. The Ombudsman could help solve a problem easier, while court procedures are long and difficult and potentially expensive. If you still have to go to court, the Ombudsman will then have evidence of your complaint which might help you.

What is the Ombudsman?

The Ombudsman is an independent organisation that oversees complaints against government decisions and actions. Each state/territory has their own Ombudsman. The Ombudsman responds to a complaint by investigating from both sides what has happened and why.

What can I complain about?

People in prison can complain to the Ombudsman about certain decisions of prison authorities. These are administrative decisions, meaning decisions made from certain legal powers that impact your rights. These include (but are not limited to!):

  • ability to access a certain program in prison;
  • amount of time allowed out of your cell;
  • access or management of your prison money; and
  • conduct of prison staff during searches and seizures etc.

Note: The Ombudsman cannot take complaints on issues that relate to staff shortages or the physical condition of the prison as these are not ‘administrative acts’ (acts done by someone who has certain powers under the law). These types of issues are matters for the Minister for Corrections, who can also be written to.

What’s the point of making a complaint? What will happen?

The Ombudsman will assess your complaint to see if it’s an issue they can assist with. If so, they will also ask the prison for their version of events. They will see if the prison can change their practices and will go on to make further recommendations. However, prison authorities do not have to do what the Ombudsman recommends. Their powers are quite weak.

You might get a letter saying that the complaint is ‘resolved’ or they will ‘close’ the complaint without things changing much. If you’re unhappy with the decision, you can ask for an ‘internal review’, where a senior Ombudsman reviews the decision. But that might not change their decision either.

While the system can be frustrating, it is always good to let the Ombudsman know about an issue so it is on record, even if you think nothing will happen. It can contribute to a number of other complaints around similar issues, and raise ‘systemic’ concerns that the Ombudsman then investigates. Anything from an Ombudsman investigation may also serve as evidence if you take something to court later.

Know that you always have a right to complain and while you may not get the result you wanted, you are standing up for what you believe is right, which no one can take away from you.

How can I make a complaint?

Firstly, the Ombudsman will only take on a complaint if you’ve raised it with the prison first. You should make this complaint in writing and most likely to the General Manager. Ask someone to help you with your complaint if you need.

Then you wait. The Ombudsman will usually only help after enough time has passed, usually 30 days. After this time, if you haven’t heard anything from the prison, you should complain. If you received a response from the prison for your complaint and you’re not happy with it, you should complain to the Ombudsman.

However, if you have an urgent issue like you have been told you are being transferred to another prison, or you have been denied access to items you require for medical reasons for example, and you have not been able to resolve these issues with the prison, you should still contact the Ombudsman. They may be able to then contact the prison so that this type of decision can be delayed while a review can be made.

The Ombudsman will not touch anything that is going to court. It is always a good idea to make a complaint to the Ombudsman before taking anything to court. The Ombudsman could help solve a problem easier, while court procedures are long and difficult and potentially expensive. If you still have to go to court, the Ombudsman will then have evidence of your complaint which might help you.

Legal Q&A

Do you have a general legal query that you want answered?
Is  there an area of law that you think people inside should know more about? Submit your question in the provided form, and we might publish an answer in the paper.

Submit Your Question

What should I include in a complaint?

You should include the following:

  • your name and prison identification details;
  • a short statement of what happened including the date, time, place and any required background;
  • steps taken to raise the issue with the prison; and
  • evidence of the complaint to the prison (e.g. a copy of your complaint and/or a letter from the prison noting they have received your complaint or in response to your complaint).

Where do I make the complaint?

You can write to your relevant Ombudsman. We've listed the addresses here. Prison officers are not allowed to open your letters to the Ombudsman.

Prison phones have free calls to the Ombudsman.

VIC

Victorian Ombudsman

Level 2

570 Bourke St

Melbourne VIC 3000

ACT

ACT Ombudsman

GPO Box 442

Canberra ACT 2601

NSW

NSW Ombudsman

Level 24

580 George Street

Sydney NSW 2000

TAS

Ombudsman Tasmania

GPO Box 960

Hobart TAS 7001

What should I include in a complaint?

You should include the following:

  • your name and prison identification details;
  • a short statement of what happened including the date, time, place and any required background;
  • steps taken to raise the issue with the prison; and
  • evidence of the complaint to the prison (e.g. a copy of your complaint and/or a letter from the prison noting they have received your complaint or in response to your complaint).

Where do I make the complaint?

You can write to your relevant Ombudsman. We've listed the addresses here. Prison officers are not allowed to open your letters to the Ombudsman.

Prison phones have free calls to the Ombudsman.

VIC

Victorian Ombudsman

Level 2

570 Bourke St

Melbourne VIC 3000

ACT

ACT Ombudsman

GPO Box 442

Canberra ACT 2601

NSW

NSW Ombudsman

Level 24

580 George Street

Sydney NSW 2000

TAS

Ombudsman Tasmania

GPO Box 960

Hobart TAS 7001

Important

The above information is of a general nature and is not a substitute for legal advice.

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

Human Rights in Prison

Human Rights in Prison

Human Rights in Prison

By Human Rights Law Centre
By Human Rights Law Centre

All people behind bars should be treated with dignity.

Legal Corner

ISSUE NO. 10

6 MIN READ

Travel While on Parole

Travel While on Parole

Travel While on Parole

By Prisoners' Legal Service (PLS)
By Prisoners' Legal Service (PLS)

A parole order will include general and specific conditions. These include getting approval from the relevant authority for any travel interstate, or overseas.

Legal Corner

ISSUE NO. 7

3 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

Leave a Comment

Thank you! Your submission has been received!
Oops! Something went wrong while submitting the form.
0 Comments
Author Name
Comment Time

Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere. uis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.

FAQs: Security Classifications in Queensland

By Prisoners’ Legal Service

Your security classification impacts which prison you are placed in and the level of security that is imposed on you.

Legal Corner

ISSUE NO. 16

2 MIN READ

Whistleblowing Laws: Protecting Those Who Speak Out

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.

Legal Corner

ISSUE NO. 16

3 MIN READ

Legal Q&A

Question from someone imprisoned in VIC

There are lots of reasons why people may get lighter or heavier sentences than someone else who has committed the same crime.

Legal Corner

ISSUE NO. 15

2 MIN READ

What to Do: Mandatory Visa Cancellation Letters

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

Get the full paper in print each month.

6-Month Subscription:

Physical copy of About Time delivered to your home or organisation each month for six months. Paid upfront.

Subscribe for $70

12-Month Subscription:

Physical copy of About Time delivered to your home or organisation each month for twelve months. Paid upfront.

Subscribe for $125

Newsletter

Be the first to learn about our monthly stories, plus new initiatives and live events

You've successfully registered!
Something went wrong when we tried to register your details. Please try again.

Support Australia's First National Prison Newspaper

A place for news and education, expression and hope

Help keep the momentum going. All donations will be vital in providing an essential resource for people in prison and their loved ones.

All donations of $2 or more are tax deductible. If you would like to pay directly into our bank account to avoid the processing fee, please contact donate@abouttime.org.au. ABN 67 667 331 106.

It's
About Time.

A place for news and education, expression and hope.

Help us get About Time off the ground. All donations are tax deductible and will be vital in providing an essential resource for people in prison and their loved ones.

Donate Here

Newsletter

Be the first to learn about our monthly stories, plus new initiatives and live events

You've successfully registered!
Something went wrong when we tried to register your details. Please try again.