What can I do if I’ve been unfairly separated?

If you believe you have been unfairly separated, you could: 

• Make a complaint to an external person or complaint body

• If the separation is unlawful, apply to the Supreme Court for a judicial review

Make a complaint 

If you believe you have been unfairly separated, you can make a complaint to: 

• Victorian Ombudsman
• Corrections Victoria (Minister of Corrections, Secretary of Corrections or Commissioner of Corrections)
• Independent prison visitors

If you still have private phone call privileges, you could ask someone to make a complaint on your behalf.  

For more information on how to make a complaint to the prison or an external complaint body, 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

Getting help from a lawyer 

A lawyer might be able to help if you have been unfairly or unlawfully separated.

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

Judicial review 

If the decision to separate you was unlawful, you may be able to apply to the Supreme Court for a judicial review.  

In a judicial review, the Court does not look at the decision to separate you to see if they would have done things differently. What they look at is whether the decision was lawful. If they decide the decision was unlawful, they 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 the decision to separate you.  

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