Updated on 4 July 2024

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

If you believe one of your section 47 rights has been breached, there are steps you can take.

Complain to the prison

If you believe your section 47 rights have been breached, you could:

  • Make a complaint to your Unit Manager
  • Write a letter to your General Manager

If you write a letter to your General Manager, you should include:

  • What went wrong
  • What right was breached (if you know)
  • How the issue impacted you
  • What would make things right for you

Important: Make sure you keep a copy of your letter, as well as a copy of any response you get from the General Manager.

For more information on how to make a complaint to your prison, 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

Complain to the Victorian Ombudsman

If you do not receive a response from the Unit Manager or General Manager or are not happy with the response you get, you can complain to the Victorian Ombudsman.

Important: you can only complain to the Ombudsman after you have tried to resolve the issue with the prison.

For more information on how to make a complaint to the Ombudsman, see the Making a complaint section on the home page. It has information about:

  • Preparing for a complaint
  • Making complaints to external complaint bodies

Get help from a lawyer

A lawyer might be able to help if one of your section 47 rights have been breached.

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

Judicial review 

If a decision made by Corrections Victoria or prison staff that breaches your section 47 rights was unlawful, you may be able to apply to the Supreme Court for judicial review.

In judicial review, the Court does not look at the decision 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 decision or order the person who refused your application to re-consider.

If Corrections Victoria has also breached a right from the Charter of Human Rights, you may be able to add this to your case. For more information on taking legal action about a breach of Charter rights, use the links on the left side of this page.

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 being notified about the decision.

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

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