The Law Handbook 2024

219 NOTE The law in this chapter is current as at 1 September 2023. Introduction This chapter sets out the legislative framework applicable to, the human rights and limited remedies available to, and some key legal issues experienced by, people in prison. The chapter is not an exhaustive exploration of these issues and will be supplemented in time by Fitzroy Legal Service’s forthcoming Prison Legal Handbook. The authors of this chapter note that, too often, Victorian prisons serve as warehouses for people who the government have marginalised and failed to support in the community. This includes Aboriginal and Torres Strait Islander people who are over- represented in, and disproportionately harmed by, the prison system due to racist laws and policies, the ongoing impacts of colonisation, systemic racism and discriminatory policing. The patchwork of laws, policies and procedures canvassed in this chapter, that aim to protect the rights of people in prison, are currently insufficient and often fail to do so. In circumstances where there are laws, policies and procedures available, people’s ability to exercise their rights can be limited. A severe power imbalance exists between people in prison and prison authorities which not only places people at risk of being subjected to wrongdoing, but also limits people’s ability to hold anyone accountable for harm as they are dependent on the people responsible for imprisoning them for access to mechanisms to exercise their rights. This is compounded by the limited legal services available to people in prison. In Victoria, there is currently no dedicated, standalone legal service available to people in prisons and while a handful of existing legal services offer invaluable support – largely over the phone – there is demonstrated need for such services as recommended by the recent Cultural Review of the Adult Custodial Corrections System , which said that the Victorian government ‘should establish a dedicated and independent advice service for people in custody, to give them access to timely independent advice and support in relation to their rights and legal issues.’ Legislative and regulatory framework This section will provide a brief outline of the law, regulations, and policy that govern the operation of prisons in Victoria. These instruments can be the starting point for understanding the rights of people in prison, conditions and services available, and processes and frameworks for decision-making. Corrections Act The Corrections Act 1986 (Vic) (‘ Corrections Act ’) is the principal legislation governing the operation of Victoria’s prison system. It establishes Victoria’s prisons, including establishing the governance and administration of prisons and powers of security and office holders. The Corrections Act also outlines the rights of people in prison, and processes giving rise to those rights. The Corrections Act applies to both public and private prisons. The operation of the Corrections Act is supported by other regulatory frameworks, standards, and Corrections policy. Corrections Regulations The Corrections Act is supplemented by the Corrections Regulations 2019 (Vic) (‘ Corrections 3.8 Imprisonment and the rights of people in prison Contributors: Hui Zhou, Manager, Policy and Strategic Advocacy, and Accredited Criminal Law Specialist, Victoria Legal Aid; Monique Hurley, Managing Lawyer, Human Rights Law Centre; and Megan Pearce, Deputy Managing Lawyer, Victoria Legal Aid