What are my rights during separation?

There are basic rights that all people in prison have, even when they are in segregation, protection or the slot. These rights come from:

• Victorian Human Rights Charter
• Section 47 of the Corrections Act 1986 (Vic)

Victorian Human Rights Charter

The rights in the Victorian Human Rights Charter apply to all people in prison, including when they are in segregation or the slot. Important rights include:

• Right to protection from cruel, inhuman and degrading treatment
• Right to humane treatment when deprived of liberty
• Right to life

For more information on your rights under the Victorian Human Rights Charter, click here.

Section 47 of the Corrections Act

Anyone put in the slot or segregation also has minimum rights under Section 47 of the Corrections Act 1986 (Vic). They are:

• Being outside (in the ‘open air’) for at least an hour each day (if you don’t already do outdoor work)
• Food that is adequate for your health and well-being
• Special dietary food when:
  • It is necessary for medical reasons
  • It is necessary to follow a religious belief
  • The person in prison is vegetarian (note: the legislation says vegetarian, not vegan)
• For people serving a sentence, being given suitable clothing (for the climate, work and health)
• For people on remand, being able to wear their own suitable clothing
• Access to reasonable medical care and treatment
• For people with mental illness or an intellectual disability, reasonable access to necessary special care and treatment
• Access to reasonable dental treatment
• Practising your religion, including join with other people in prison and having any necessary items
• Making complaints about prison management to:
  • Minister of Corrections
  • Secretary of Corrections
  • Commissioner of Corrections
  • Manager/Governer of your prison
  • Independent prison visitors
  • The Victorian Ombudsman
  • The Health Complaints Commissioner
  • Australian Human Rights Commissioner
• Receiving at least one visit for at least half an hour each week
• Being classified as soon as possible after being sentenced, and to have classification reviewed every year
• Taking part in education programs in prison
• Sending and receiving letters and parcels uncensored by prison staff (with some limitations)
• Sending and receiving letters and parcels to or from the following people, without them being opened by prison staff (with some limitations):
  • Minister of Corrections;
  • Secretary of Corrections;
  • Commissioner of Corrections;
  • A member of Parliament;
  • Victorian Ombudsman;
  • Health Complaints Commissioner;
  • Mental Health and Wellbeing Commission;
  • Australian Human Rights Commissioner;
  • Victorian Equal Opportunity and Human Rights Commission (VEOHRC);
  • IBAC (Independent Broad-based Anti-corruption Commission);
  • Victorian Legal Services Commissioner;
  • Victorian Inspectorate;
  • A lawyer representing you or giving you legal advice;
  • Information Commissioner.

Separation of Aboriginal and Torres Strait Islander people

If you identify as being of Aboriginal or Torres Strait Islander origin and are separated, the Aboriginal Wellbeing Officer (AWO) or equivalent at your prison must be notified as soon as possible.

Aboriginal or Torres Strait Islander people who are separated for more than 7 days must be visited by an AWO at least twice per week.