Rights from section 47 of the Corrections Act

Summary: Rights for all people in Victorian prisons that are in section 47 of the Corrections Act 1986 (Vic).

Section 47 of the Corrections Act 1986 (Vic) has a list of 15 rights for people in prison in Victoria. They are:

1. Being outside (in the ‘open air’) for at least an hour each day (if the weather allows it, and you don’t already do outdoor work)
2. Food that is adequate for your health and well-being
3. Special dietary food if:
   • It is necessary for medical reasons; or
   • It is necessary to follow a religious belief (like Halal or Kosher food); or
   • You are vegetarian (note: the legislation says vegetarian, not vegan);
4. If you are serving a sentence, being given suitable clothing (considering the weather, type of work and your health)
5. If you are on remand, being able to wear your own suitable clothing
6. Access to reasonable medical care and treatment that is necessary to preserve your health
7. Access to reasonable dental treatment that is necessary to preserve your dental health
8. If you have a mental illness or intellectual disability, reasonable access to necessary special care and treatment
9. Practising your religion, including joining with other people in prison and having any necessary religious items
10. Making complaints about things that happen in prison to:
    • The Victorian Ombudsman;
    • The Health Complaints Commissioner;
    • Australian Human Rights Commissioner;
    • Independent prison visitors;
    • Manager/Governor of your prison;
    • Secretary to the Department of Justice and Community Safety;
    • Minister of Corrections; and
    • Commissioner of Corrections.
11. Receiving at least one visit for at least half an hour each week
12. Getting a security classification as soon as possible after being sentenced, and to have your classification reviewed every year
13. Taking part in education programs in prison
14. Sending and receiving letters and parcels (mail) uncensored by prison staff (with some limitations)
15. Sending and receiving letters and parcels (mail) to or from the certain people, without them being opened by prison staff (with some limitations):
    • A lawyer representing you or giving you legal advice;
    • 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;
    • Information Commissioner;
    • Minister of Corrections;
    • Secretary to the Department of Justice and Community Safety;
    • Commissioner of Corrections; and
    • A Member of Parliament.

Limits to section 47 rights

The rights under section 47 are balanced against the duties that Corrections Victoria has in sections 20 and 21 of the Corrections Act 1986 (Vic). Those duties are about:

• Security of the prison
• Safe custody and welfare of people in prison
• Management, security and good order of the prison

What can I do about a breach of my section 47 rights?

For information on what you can do about a breach of your section 47 rights, use the link on the left side of this page.