Victorian Consolidated Legislation

Corrections Act 1986 - SECT 47

Prisoners rights

47. Prisoners rights



(1) Every prisoner has the following rights-

   (a)  if not ordinarily engaged in outdoor work, the right to be in the open
        air for at least an hour each day, if the weather permits;

   (b)  the right to be provided with food that is adequate to maintain the
        health and well-being of the prisoner;

   (c)  the right to be provided with special dietary food where the Governor
        is satisfied that such food is necessary for medical reasons or on
        account of the prisoner's religious beliefs or because the prisoner is
        a vegetarian;

   (d)  the right to be provided with clothing that is suitable for the
        climate and for any work which the prisoner is required to do and
        adequate to maintain the health of the prisoner;

   (e)  if not serving a sentence of imprisonment, the right to wear suitable
        clothing owned by the prisoner;

   (f)  the right to have access to reasonable medical care and treatment
        necessary for the preservation of health including, with the approval
        of the principal medical officer but at the prisoner's own expense, a
        private registered medical practitioner physiotherapist or
        chiropractor chosen by the prisoner;

   (g)  if intellectually disabled or mentally ill, the right to have
        reasonable access within the prison or, with the Governor's approval
        outside a prison to such special care and treatment as the medical
        officer considers necessary or desirable in the circumstances;

   (h)  the right to have access to reasonable dental treatment necessary for
        the preservation of dental health;

        (i)    the right to practise a religion of the prisoner's choice and,
               if consistent with prison security and good prison management
               to join with other prisoners in practising that religion and to
               possess such articles as are necessary for the practice of that
               religion;

   (j)  the right to make complaints concerning prison management to the
        Minister, the Secretary, the Commissioner, the Governor, an official
        visitor, the Ombudsman, the Health Services Commissioner and the Human
        Rights Commissioner;

   (k)  the right to receive at least one visit which is to last at least half
        an hour in each week under section 37;

   (l)  the right to be classified under a classification system established
        in accordance with the regulations as soon as possible after being
        sentenced and to have that classification reviewed annually;

   (m)  subject to sections 47A and 47B, the right to send letters to, and
        receive letters from, the following people without those letters being
        opened by prison staff-

   (i)  the Minister, the Secretary, the Commissioner or an official visitor;

   (ii) a member of Parliament;

   (iii) a lawyer representing the prisoner, or from whom the prisoner is
        seeking legal advice;

   (iv) the Ombudsman;

   (v)  the Health Services Commissioner;

   (vi) the Human Rights Commissioner;

   (vii) any person authorised to act on behalf of a person listed in
        subparagraph (iv), (v) or (vi);

   (n)  subject to section 47D, the right to send and receive other letters
        uncensored by prison staff;





   (o)  the right to take part in educational programmes in the prison.

(2) A prisoner's rights under this section are additional to, and do not
affect any other rights which a prisoner has under an Act other than this Act
or at common law.

(3) Subsection (1)(m) does not prevent the opening of letters in accordance
with section 28(3) of the Ombudsman Act 1973 or section 86L(7) of the
Police Regulation Act 1958.



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Division 4A-Letters to and from prisoners