Judicial review

What is judicial review?

Corrections Victoria and prison staff have legal powers to make decisions about people while they are in prison, and about how prisons are run generally.

These powers come from laws like the Corrections Act 1986 (Vic) and Corrections Regulations 2019 (Vic), as well as rules and policies like prison Local Operating Procedures (LOPs).

When Corrections Victoria or prison staff use these powers to make decisions, they must follow the law. If they don’t, the decision could be unlawful.

The Supreme Court of Victoria can look at certain decisions made by Corrections Victoria or prison staff and decide if it was unlawful. This is called a judicial review.

In a judicial review, the Supreme Court looks at:

1. Whether the Corrections Victoria or prison staff had the power to make the decision
2. Whether they followed the laws they were meant to
3. Whether they considered everything they were legally meant to

The Court does not look at whether a decision was fair or correct. They only look at whether it was unlawful. Use the link on the left of this page for more information on what can make a decision unlawful.

If the Supreme Court says that a decision is unlawful, they can take actions like:

• Declare that the decision was unlawful
• Cancel the decision
• Order Corrections Victoria or prison staff to re-consider their decision

Applying for judicial review

The judicial review process comes from the Administrative Law Act 1978 (Vic). For more information on the process, use the link on the left side of the page: ‘Applying for judicial review’.

Applications for judicial review need to be made within 60 days of you finding out about the decision you want to review.

It’s a good idea to get legal advice before applying for judicial review. There are complicated rules and processes in a judicial review, and you need access to a computer and internet to apply. If you lose your case, you could be made to pay the other side’s legal costs. For more information on getting help from a lawyer, click here.