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. 2

AUGUST 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 One of Two)

Freedom of Information (Part One of Two)

Freedom of Information (Part One of Two)

By Daniel Vansetten
By Daniel Vansetten

This is the first of a two-part series on Freedom of Information (FOI), (also called Right to Information). In this part, we explain why FOI is important and how to lodge an application for information.

Legal Corner

ISSUE NO. 4

9 MIN READ

Silence May Be Golden, but Is It a ‘Right’?

Silence May Be Golden, but Is It a ‘Right’?

Silence May Be Golden, but Is It a ‘Right’?

By Daniel Vansetten
By Daniel Vansetten

In law, silence is considered a fundamental right that provides fairness in criminal proceedings.

Legal Corner

ISSUE NO. 9

5 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

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

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Silence May Be Golden, but Is It a ‘Right’?

By Daniel Vansetten

In law, silence is considered a fundamental right that provides fairness in criminal proceedings.

Legal Corner

ISSUE NO. 9

5 MIN READ

Common Human Rights Issues in Prison

By Prisoners’ Legal Service (Queensland)

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.

Legal Corner

ISSUE NO. 8

6 MIN READ

Legal Q&A – No Body, No Parole

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

The Federal Election: Voting and More

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

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About Time.

A place for news and education, expression and hope.

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.

Donate Here

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