How do I apply for EMDs?

You will generally have to complete an application form to get EMDs, unless they are automatically considered because they are about lockdowns or quarantine because of the COVID-19 pandemic.

Scroll down for more information on how to apply for EMDs.

EMDs related to COVID-19 lockdown or quarantine

During the COVID-19 pandemic, Corrections Victoria automatically considered EMDs related to the COVID-19 quarantine segregation where you were of good behaviour. In this situation, you did not have to apply for EMDs. Disruption or deprivation was interpreted to mean restrictive regime or having out-of-cell time significantly restricted due to COVID-19.

If you were excluded from automatic consideration because it was alleged you were not of good behaviour during COVID-19 quarantine segregation or another reason, you may need to make an application for EMDs (see details below). If this situation applies to you, you would have received a letter from Corrections Victoria.

Since 1 February 2023, Corrections Victoria no longer automatically considers COVID-19 as an emergency or a circumstance of a ‘special and unforeseen nature’ in prisons. If you suffer deprivation or disruption due to COVID measures after that date you would need to fill out an EMD application to be considered.

To find out how many automatic COVID-19 EMDs you got, you can ask for a copy of your ‘sentence calculation’ by writing to Corrections Victoria’s Sentence Calculation and Warrant Administration (‘SCWA’):

Sentence Calculation and Warrant Administration
Corrections Victoria
GPO Box 123
Melbourne, VIC 3001

Your lawyer can also ask for a copy of your sentence calculation by sending an email to SCWA@justice.vic.gov.au.

The sentence calculation should show how many EMDs you have been given and your new non-parole period and release date.

If you don’t believe you were given enough EMDs, you can make an application using the process below. You should say how many days you were given, how many days you should have been given, and what the difference is.

Applying for EMDs

For all other types of EMD requests, or if you received a letter stating that you were excluded for EMDs during a COVID-19 quarantine segregation, you will need to make a written request for EMDs.

Process to apply for EMDs:

1. Ask for an ‘Application for Emergency Management Days’ form from your unit manager;
2. Things to include in your form:
   1. How many EMDs you are asking for
   2. Describe the disruption or deprivation you experienced and why it goes beyond the usual disruption and deprivation of imprisonment, for example reducing out of cell hours or breaching any of the legally mandated Prisoners’ Rights in section 47 of the Corrections Act (see chapter xx)
   3. What dates you experienced the disruption or deprivation and
   4. If you think you have been excluded from automatic COVID-19 EMDs because of behaviour or another reason, explain why you should get EMDs
3. Give the completed form to the General Manager at your prison. Keep your own copy of the application and write down the date you submitted it
4. The General Manager will make a recommendation on your application about whether you should get EMDs, and then send it to the relevant decision maker
5. The authorised delegate will make the final decision about your EMDs
6. You will be told about the final decision in a letter.

If you need help completing your form, you could ask your case worker or book a legal visit with Victoria Legal Aid or your own lawyer.

What about EMDs from when I am on remand?

If you suffer deprivation or disruption while you are on remand, you may apply for EMDs if you are sentenced to a term of imprisonment. This is because EMDs can only be considered for people who are sentenced.

If you were on remand and suffered disruption or deprivation due to the response to COVID-19 prior to 1 February 2023 and stay in prison until you are sentenced, you will be automatically considered for EMDs. Any decision will be automatically applied to your sentence only after you have been sentenced to a term of imprisonment.

If you suffer deprivation or disruption while you are on remand, then get released on bail and then return to prison, you will need to go through the EMD application process when you return (even if they would otherwise have been automatic COVID-19 EMDs).

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How long will it take to get a decision from the Commissioner about EMDs?

There is no timeframe that EMD applications must be considered. However, Corrections Victoria aims to make decisions within a reasonable timeframe.

If you do not get a decision within six weeks, and you have tried to follow up with the prison, you can ask the Victorian Ombudsman to investigate the delay.

For more information on how to make a complaint to the Ombudsman, see the Making a complaint section on the home page.