Australia's National
Prison Newspaper

Australia's National
Prison Newspaper

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

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ISSUE NO. 5

November 2024

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Legal Corner

Legal Q&A: DSP After Prison

By

Al

Al writes from a prison in NSW.

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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

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

Response from About Time:

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.

The Federal Election: Voting and More

The Federal Election: Voting and More

The Federal Election: Voting and More

By About Time
By About Time

The federal election is coming up. It happens about every three years. It’s for electing the government for the whole country – the federal government.

Legal Corner

ISSUE NO. 8

9 MIN READ

FAQs: Security Classifications in Queensland

FAQs: Security Classifications in Queensland

FAQs: Security Classifications in Queensland

By Prisoners’ Legal Service
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

Struggling With Debt? Financial Counselling Might Help!

Struggling With Debt? Financial Counselling Might Help!

Struggling With Debt? Financial Counselling Might Help!

By About Time
By About Time

Financial counsellors are skilled professionals who provide advice and support to people struggling with bills and debt.

Legal Corner

ISSUE NO. 6

3 MIN READ

Around the Country: Parole

Around the Country: Parole

Around the Country: Parole

By Fitzroy Legal Service, Prisoners Legal Service (NSW Legal Aid), Prisoners Legal Service (QLD) and About Time
By Fitzroy Legal Service, Prisoners Legal Service (NSW Legal Aid), Prisoners Legal Service (QLD) and About Time

Parole is a process that gives some people the ability to get out of prison and serve the last part of their sentence in the community, under the supervision of Community Corrections (which used to be known as Probation and Parole).

Legal Corner

ISSUE NO. 6

10 MIN READ

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How to Prepare for Your Defence

This is from a booklet of legal information from an anonymous prisoner.

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.

Legal Corner

ISSUE NO. 18

4 MIN READ

Explainer of Prison Offence Laws

By About Time

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.

Legal Corner

ISSUE NO. 17

3 MIN READ

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

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