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.

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

Legal Q&A

Legal Q&A

Legal Q&A

By Brian
By Brian

My name is Brian. A lot of guys here are talking about new legislation coming in the near future, but I haven’t found it anywhere. It is called “Daniel’s Law”. I was wondering if you could explain it and when it will take effect and who it will apply to?

Legal Corner

ISSUE NO. 11

3 MIN READ

Legal Q&A – No Body, No Parole

Legal Q&A – No Body, No Parole

Legal Q&A – No Body, No Parole

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?

Legal Corner

ISSUE NO. 8

3 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

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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

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