The Law Handbook 2024

Chapter 3.8: Imprisonment and the rights of people in prison 231 should have a form for that purpose. If they do not, it will be necessary to write a letter to the prison manager in which the person in prison is incarcerated, requesting permission to visit. Restricted access people in prisons A person in prison classified as ‘restricted access’ is unable to receive visits from children or to be present in the visiting area of the prison while children are present. People in prison may be classified as ‘restricted access’ if they have been charged with, convicted of, or have known prior convictions for one or more of the following offences: • offences involving physical or sexual abuse of children, including child pornography offences; • sex offences against an adult, where the offender has at least two previous convictions for similar offences; • offences involving physical or sexual assault of a vulnerable victim over 15 years of age. Any person in prison identified as a restricted access person must apply to the general manager of their prison to receive any visit from a child. Contacting people in prison by telephone People in prison may use phones, where they are available for use and at times determined by the prison manager. All people in prison can have up to 10 contact numbers on their phone list (this includes the numbers of professionals such as lawyers). All personal calls placed by people in prison through the prison telephone system are subject to recording and may be monitored. All phone calls with the person’s lawyer are exempt from recording or monitoring. People in prison can only make phone calls if they have money to cover the cost of the call. As at the time of writing, phone calls from people in prison to a mobile phone were nearly 60 cents per minute; approximately $7 for a 12 minute call. Legal representatives may also request to arrange a professional phone call (or video conference) with their client. This is arranged through the prison and allows the lawyer and their client to have contact at no cost to the person. The process for requesting a professional telephone call with a person in prison varies between prisons. If you are not calling from a professional organisation, you can not telephone people in prison directly. However, you can ask to be added to a person’s approved telephone list so the person can call you. If you are unsure whether you are on a person’s telephone list, check with the person during a visit or by mail. Note that prisons cannot release information about who is on a person’s telephone or visitors list (a person in prison’s telephone list is not the same as their visitors list). Letters, emails and parcels All people in prison may send and receive letters, emails and parcels. Pursuant to section 47(1)(m), there is a statutory presumption that letters or parcels sent to and received from the following persons or bodies will not be opened by prison staff: Minister of Corrections, the DJCS Secretary, the Correctional Services Commissioner, a member of parliament, the Victorian Ombudsman’s office, an independent prison visitor, the Health Services Commissioner or a person acting on the Commissioner’s behalf, the Mental Health Complaints Commissioner or a person acting on the Commissioner’s behalf, Justice Health, the VEOHRC or a person acting on the VEOHRC’s behalf, the Australian Human Rights Commission, the Office of the Commissioner for Privacy and Data Security, the Independent Broad- based Anti-corruption Commission, the Victorian Inspectorate (oversight body in Victoria’s integrity system), a legal practitioner representing the person in prison or providing them with legal advice, and royal commissions as relevant. That presumption may be displaced, and the letter or parcel disposed of, if the prison manager reasonably suspects that the letter, parcel or unauthorised article or substance could pose an immediate threat to any person (s 47A Corrections Act). Section 47B permits certain confidential letters or parcels to be inspected by the prison manager if it is reasonably suspected that such a letter or parcel to or from a person in prison contains an unauthorised article or substance. The prison manager is given the power to ‘hold’ the letter or parcel and to notify the person concerned, their legal representative and the relevant commissioner of their suspicions. The