What can I do if I’m not happy with a decision about my classification?

If you are not happy with a decision about your classification, there are steps you can take.

Important: You should keep a copy of any paperwork relating to your classification application, in case you want to make a complaint or ask for a review.

Complain to the Victorian Ombudsman 

If you are not happy with a decision about your classification, you can complain to the Victorian Ombudsman.    

For more information on how to make a complaint to the Victorian Ombudsman, 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

Judicial review  

If the decision made about your classification is unlawful, you may be able to apply for a judicial review of the decision in the Supreme Court.  

Examples of where a decision about classification might be unlawful include where:  

• The CMRC or SMP did not follow the procedure they were meant to (for example, they didn’t give you a chance to make submissions or provide support documents)

• The SMP made a decision based on factors that were not relevant

• The SMP made a decision without considering factors that were relevant

• The SMP made a decision without evidence to justify it.

In a judicial review, the Court would not look at the Sentence Management Panel’s decision to see if they would have done things differently. What they would look at is whether the decision was lawful. If the decision was unlawful, the Court can cancel the hearing officer’s decision or order the hearing officer to re-consider their decision.  

It’s a good idea to get legal advice before applying for judicial review. If you lose your case, you can be made to pay the cost of Corrections Victoria’s legal fees. You will also very likely need a lawyer to help you apply for judicial review, especially if you do not have access to a computer. 

You should try to speak to a lawyer as soon as possible because an application should be made within 60 days of you finding out about what decision was made about your classification.  

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

For more information on judicial review and what decisions are unlawful, click here.