Australian legislation

Summary: Laws made in the Victorian and Federal Parliaments about prisons and how all people are treated.

Legislation means laws that come from parliament. Legislation is either called an ‘Act’ or ‘Regulations’.

Australian (Federal) legislation comes from the Federal parliament and applies to people across Australia. Federal legislation that affects people in Victorian prisons is about how people everywhere are treated. These Acts make it unlawful to discriminate against certain people in certain circumstances, and allow people to make complaints:

Age Discrimination Act 2004 (Cth)
Disability Discrimination Act 1992 (Cth)
Racial Discrimination Act 1975 (Cth)
Sex Discrimination Act 1984 (Cth)

Victorian (State) legislation comes from the State parliament and applies to people in Victoria. All legislation about how prisons are run in Victoria comes from the State parliament. The State parliament also makes legislation about how all people in Victoria must be treated.

Scroll down for a list of important Victorian legislation that affects prisons.

Important: where there is a conflict or clash between legislation and any standards or rules made by prisons or Corrections Victoria, the legislation takes priority.

Corrections Act 1986 (Vic)	The main legislation about prisons in Victoria. This Act includes laws about how prisons are created and run.
Corrections Regulations 2019 (Vic)	More legislation about prisons in Victoria. These Regulations include laws about how to put the Corrections Act into practice.
Sentencing Act 1991 (Vic)	The main legislation about sentencing in Victoria. This Act includes laws about what sentences can be imposed, and how the Department of Justice and Community Safety and Corrections Victoria can enforce those sentences.
Prisoners Interstate Transfer Act 1983 (Vic)	This Act contains laws about the process for people serving a sentence in Victoria who want to be transferred to a prison in another state.
Equal Opportunity Act 2010 (Vic)	This Act makes it unlawful to discriminate, sexually harass or victimise certain people in certain situations. This can include people in prisons. The Act allows people to make a complaint to the Victorian Equal Opportunity and Human Rights Commission (VEOHRC). For more information on what counts as discrimination, sexual harassment and victimisation, and about making a complaint to VEOHRC, go to the Making a complaint section on the home page.
Racial and Religious Tolerance Act 2001 (Vic)	This Act makes racial and religious vilification and victimisation unlawful in certain situations. The Act allows people who have experienced these issues to make a complaint to the Victorian Equal Opportunity and Human Rights Commission (VEOHRC). For more information on what counts as vilification and victimisation, and about making a complaint to VEOHRC, go to the Making a complaint section on the home page.
Charter of Human Rights and Responsibilities Act 2006 (Vic) (known as “The Charter”)	This Act has a list of human rights that apply to everyone in Victoria. It says that all Victorian laws must be made and interpreted with these rights in mind, and that public authorities (like Corrections Victoria and prisons) must act and make decisions in a way that is consistent with the rights accordance with the rights. For more information on Charter rights, go to the Rights in prison section on the home page.
Administrative Law Act 1978 (Vic)	This Act allows people to ask the Supreme Court to look at whether a decision by a government body (like Corrections Victoria or a prison) was unlawful. This is called judicial review. For more information on judicial review, go to the Judicial review section on the home page.

Australian legislation

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