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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.
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.
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.
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.
This article discusses some of the human rights that may be relevant in prison with reference to human rights protections under the Human Rights Act 2019 (QLD) in Queensland.
In law, silence is considered a fundamental right that provides fairness in criminal proceedings.
A parole order will include general and specific conditions. These include getting approval from the relevant authority for any travel interstate, or overseas.
In law, silence is considered a fundamental right that provides fairness in criminal proceedings.
This article discusses some of the human rights that may be relevant in prison with reference to human rights protections under the Human Rights Act 2019 (QLD) in Queensland.
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 federal election is coming up. It happens about every three years. It’s for electing the government for the whole country – the federal government.
Help us get About Time off the ground. All donations are tax deductible and will be vital in providing an essential resource for people in prison and their loved ones.
Help us get About Time off the ground. All donations are tax deductible and will be vital in providing an essential resource for people in prison and their loved ones.
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