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To About Time staff,
Congratulations on your newspaper. I am writing to the legal corner as I have a concern about the length of the sentence (imprisonment) and the Disability Support Pension eligibility criteria.
Q1. What is the legal sentence period after which an inmate must reapply for the DSP?
NSW prison rumours say under two years and one is automatically reinstated onto the DSP, over two years, and one has to reapply and resubmit all the new paperwork for a new claim for the DSP.
As this issue would affect about 15% of the population, I figure it would be an important question to seek your help with. Thanks.
Regards,
Al
To About Time staff,
Congratulations on your newspaper. I am writing to the legal corner as I have a concern about the length of the sentence (imprisonment) and the Disability Support Pension eligibility criteria.
Q1. What is the legal sentence period after which an inmate must reapply for the DSP?
NSW prison rumours say under two years and one is automatically reinstated onto the DSP, over two years, and one has to reapply and resubmit all the new paperwork for a new claim for the DSP.
As this issue would affect about 15% of the population, I figure it would be an important question to seek your help with. Thanks.
Regards,
Al
Hi Al,
Thank you for the question. While imprisoned, your payments are suspended. You will need to lodge a whole new claim if the payments are suspended for more than two years for DSP or 13 weeks for the Age Pension. If under two years of imprisonment, you do not need to make a whole new claim, but you will need to fill out a ‘request for restoration’ of the Disability Support Pension form. It does not ‘automatically’ reinstate. You must fill out the form within seven days of release, if you are not able to lodge the form while in prison. Ask someone to provide it to you to fill it out while you’re in prison, in anticipation of your release.
Once released, you can go to www.servicesaustralia.gov.au or visit a service centre. Call 132 717 for Disability Support Pension or 132 300 for Age Pension. If you need to speak with them in your language, call 131 202. Services Australia can also translate documents for free.
If you are charged with breaking a rule in prison, this can result in disciplinary action, in addition to potential criminal charges.
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.
Australia has two sources of law: legislation and common law. Legislation is made by parliaments and is available in documents called acts. Common law is made by judges in court decisions and covers areas that have not been legislated.
I am a first-time inmate in a Victorian prison and I am trying to obtain some accurate information with regards to my debts.
One of the most important aspects of self-advocacy in prison is to understand the rights of prisoners and the limitations of power of prison authorities.
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.
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.
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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