Law and Healthcare: Why Can’t I Get My Usual Prescriptions From Prison?
How the law can change the medications available inside

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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.
But even though these things are spoken about, often the medicine you get on the inside is different from the medicine you get on the outside – even though your diagnosis hasn’t changed.
So, it is reasonable to ask: why is my medicine different just because I am living in a prison?
One reason is the Health Insurance Act 1973 (Cth).
The Pharmaceutical Benefit Scheme (PBS) is Australia’s system for making prescription medications affordable and accessible. The PBS is the product of a piece of legislation called the Health Insurance Act 1973.
In the community, if a doctor prescribes medication, there is a good chance that the Australian government has subsidised it.
Since its subsidised under the PBS, you pay relatively cheap price for it at the pharmacy.
Take asthma medication, for example.
Asthma is a very common chronic illness, and it is often treated with a salbutamol inhaler (the “puffer”).
On the outside, the PBS limits the costs of puffers. Usually, the price for a puffer is around 20-30 dollars.
Without the PBS, the cost of a puffer would be much higher.
In fact, in the USA, where the government does not universally subsidise asthma puffers, the cost of one inhaler can exceed 100 US dollars.
Due to the way the Health Insurance Act 1973 operates, medicines supplied to people in prison are not subsidised by the PBS. This means, medications prescribed to people in prison may be different from those prescribed to people in the community with the same health needs.
If the PBS was available to people in prison, prison health centres would have a better ability to give you the same medication you receive in the community.
If you are concerned about your access to medication, you might consider:
If you are incarcerated in Queensland, Victoria or the Australian Capital Territory, you might consider contacting the Human Rights Commission that operates in your State or Territory:
Health Ombudsman and Human Rights Commissions may require that you try to resolve any concerns you have with the relevant government agency before making a complaint. There may also be timeframes that apply to making a complaint to these agencies. If you wish to make a complaint, you should seek advice from a legal practitioner in the State or Territory where you are incarcerated.
In fact, in the USA, where the government does not universally subsidise asthma puffers, the cost of one inhaler can exceed 100 US dollars.
Due to the way the Health Insurance Act 1973 operates, medicines supplied to people in prison are not subsidised by the PBS. This means, medications prescribed to people in prison may be different from those prescribed to people in the community with the same health needs.
If the PBS was available to people in prison, prison health centres would have a better ability to give you the same medication you receive in the community.
If you are concerned about your access to medication, you might consider:
If you are incarcerated in Queensland, Victoria or the Australian Capital Territory, you might consider contacting the Human Rights Commission that operates in your State or Territory:
Health Ombudsman and Human Rights Commissions may require that you try to resolve any concerns you have with the relevant government agency before making a complaint. There may also be timeframes that apply to making a complaint to these agencies. If you wish to make a complaint, you should seek advice from a legal practitioner in the State or Territory where you are incarcerated.
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?
The criminal justice system deals with proof, not truth. The police and Crown present allegations; the defence rebuts them; the jury decides whether the Crown has met the required standard of proof. “Truth” and “innocence” are not part of the legal equation.
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.
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).
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.
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.
On 1 April 2026, the Australian Parliament passed new laws which will change the way Commonwealth parole works.
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.