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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.
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!):
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.
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.
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.
You should include the following:
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.
The above information is of a general nature and is not a substitute for legal advice.
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.
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!):
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.
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.
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.
You should include the following:
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.
The above information is of a general nature and is not a substitute for legal advice.
Through these articles, we provide information on relevant areas of law. This first article provides basic information to make it easier for family and friends to support you. There are differences in the ways the systems operate depending on where you’re located (VIC, NSW, ACT or TAS), so we hope this is useful and relevant to where you are.
When people are imprisoned, they lose their freedom, but they do not lose all of their human rights. International human rights law makes this very clear. Also, in some Australian states and territories, like Victoria and the ACT, there is human rights legislation that prohibits the torture and ill-treatment of imprisoned people.
Bail is a promise you can make that you will return to court. It means you can stay in the community (instead of jail) until your legal matters finish. If you are being held in custody and you haven’t been found guilty, you may be able to apply for bail. If you are not granted bail, you will be remanded – to be ‘on remand’ means you are waiting in prison for your legal matter to finish.
About Time Media acknowledges the traditional owners of the lands across Australia and particularly acknowledges the Wurundjeri people of the Kulin nation, traditional owners of the land on which About Time Media is based.
We acknowledge the continuing impacts of the criminal legal system on First Nations people, including disproportionate rates of incarceration and deaths in custody, which remain a national shame.
We pay deep respect to Elders past and present, and all families of those who have lost loved ones in prison.
© About Time Media Ltd.
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