Private medical appointments

Section 47(f) of the Corrections Act 1986 (Vic) says you have the right to access private healthcare from a private doctor, dentist, physiotherapist or chiropractor of your choice.

However, this must be done at your own cost (unless the healthcare provider agrees to see you for free) and requires the approval of Justice Health.

To get approval for a private medical appointment, you will need:

1. Approval from Justice Health and
2. Approval from the prison for:
   • You to leave prison to go to the appointment (Custodial Community Permit) or
   • The health practitioner to visit you in prison or
   • The health practitioner to deliver their service to you over tele-health and
3. Money to pay for the medical appointment or an offer for a free service from the healthcare practitioner and
4. Money to pay for the cost of transport by G4S to the appointment (if it will be outside the prison).

Applying for Justice Health approval

Each time you want a medical appointment with a practitioner from outside the prison, you will need to complete an ‘Application to consult a private practitioner’ form and give it to the Health Service Manager at your prison. They will send the form to Justice Health for approval.

Applying for a Custodial Community Permit

If you need to leave your prison for the appointment, you will need to apply for a Custodial Community Permit.

Important: Attending an external medical appointment is a valid reason for a Custodial Community Permit.

In the Victorian Supreme Court case of Castles v Secretary of the Department of Justice [2010] VSC 310, the prison refused a woman’s application for a Custodial Community Permit to attend a private IVF appointment. The Court decided that based on the woman’s healthcare rights under the Corrections Act and the Victorian Human Rights Charter, she had the right to go to the IVF appointment and was entitled to a Custodial Community Permit for that reason.

For more information on applying for a Custodial Community Permit, click here.

What can I do if the prison or Justice Health refuse my request?

If you think Justice Health has unfairly refused your request for a private medical appointment, or the General Manager has unfairly refused your request for a Custodial Community Permit, you can complain to the Victorian Ombudsman.

Calls and mail to the Ombudsman are free and confidential.

When you make a complaint to the Ombudsman, it’s helpful to have any written copies of your request and response from Justice Health or the General Manager.

For more information on how to make a complaint, see the Making a complaint section on the home page. It has information about: 

• Preparing for a complaint 

• Making an internal complaint (to someone at your prison) 

• Making a complaint to Corrections Victoria 

• Making complaints to external complaint bodies 

Getting help from a lawyer 

You might be eligible to get free legal help if you have been unfairly refused or removed from the OST program. 

For more information on getting help from a lawyer, click here. 

Costs

People in prison are not covered by Medicare or the Pharmaceutical Benefits Scheme (PBS).

Medicare is a service provided by the government that pays for a person’s healthcare (for example, when they see a doctor). Sometimes it pays the whole amount that needs to be paid, or sometimes it only covers part of the amount.

Because people in prison are not covered by Medicare, if you want to get extra healthcare on top of what the prison already provides, you will need to find community or free services, or pay for it with your own money.

The Pharmaceutical Benefits Scheme (PBS) is a service provided by the government that pays part or most of the cost of prescribed medications.

Because people in prison are not covered by the PBS, if you want to get extra medication on top of what the prison already provides, you will have to pay the full cost of the medication, which can be a lot.

If your appointment is outside the prison, you may also need to pay for the cost of transport to the appointment by G4S.

These costs can be high – you should find out the total cost and make sure you can cover it before making an application to Justice Health.