Being asked to leave the Living with Mum program

The Deputy Commissioner of Custodial Operations can decide to terminate you from the LWM Program at any time. This power comes from Regulation 34(3) of the Corrections Regulations 2019 (Vic). 

When deciding whether to cancel or continue your place in the program, the Deputy Commissioner’s most important consideration must be the best interests of your child. 

Commissioner’s Requirement 3.4.1 has a list of examples where someone might be terminated from the program: 

• Where Child Protection have done an assessment and found your your child is being neglected to the extent where they are “in need of care and protection”

• While waiting for a Child Protection assessment, the LWM Support Worker assesses your child’s safety is threatened or it’s no longer in their best interest to stay in prison

• The Children’s Court or Family Court decide there should be a different custody arrangement for your child

• Your child becomes chronically ill and needs treatment that can’t be provided or maintained in prison

• Your child’s developmental needs can no longer be met in prison

• You don’t comply with conditions of the LWM Participation Agreement

• You believe it’s no longer in your child’s best interests to stay with you in prison

• Your child’s behaviour or ongoing presence in the prison is threatening the management, security and/or good order of the prison

What can I do if I’m asked to leave the Living with Mum Program?

If you are being unfairly or unlawfully asked to leave the Living with Mum Program, there are steps you can take. These include:

• Making a complaint to the Deputy Commissioner
• Making a complaint to an external complaint body
• Getting help from a lawyer

Scroll down for more information on each option.

Make a complaint to the Deputy Commissioner

You can make a complaint to the Deputy Commissioner of Custodial Operations about any decisions made in the LWM Program, including a decision to terminate your participation. You can write to the Deputy Commissioner at: 

Deputy Commissioner, Custodial Operations
Corrections Victoria
Level 22, 121 Exhibition Street
Melbourne, VIC 3000

Making a complaint to an external complaint body

You can make a complaint to the Victorian Ombudsman.

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

Getting help from a lawyer

A lawyer might be able to help if you have been unfairly or unlawfully asked to leave the Living with Mum Program.

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