Complaints and Legal Assistance

Contributed by JohnRawnsley, Sam Dutaillis and Caitlin Burke, as amended by ChloeBadcock and current to August 2025

Complaint Options

A prisoner who has a grievance may be able to have it resolved without going to a court. Complaints can be made and handled as described in the following ways.

The Superintendent and/or General Manager

A prisoner can make a complaint to the General Manager of the prison.

A prisoner can request to make a complaint to the General Manager or Superintendent of the prison by submitting a form commonly referred to as a 'supers parade'. This form can be requested from any prison officer. Following the submission of this form, the prisoner will have a meeting with the Superintendent. The prisoner may request that the complaint is made known to the General Manager. If the complaint remains unresolved following this meeting, the prisoner can submit a complaint to the Ombudsman (see below).

The Minister

Prisoners are able to submit a complaint directly to the Minister. It is possible the contents of the letter will be shown to the Commissioner or his or her office for advice and the Department's views.

Ombudsman

A prisoner may ask the General Manager of the prison for help in preparing a written complaint to make to the Ombudsman [s26 Ombudsman Act]. The General Manager must ensure that the prisoner is given a proper place and a way to prepare their written complaint. This includes [s26 Ombudsman Act]:

• Any information relevant to making their complaint
• An envelope in which the complaint and any documents can be enclosed and sealed
• Making sure the sealed envelope is sent to the Ombudsman without unreasonable delay
• Any response from the Ombudsman is given to the prisoner without unreasonable delay

Prison authorities are not allowed to open letters sent between prisoners and the Ombudsman [ss151, 153, 154 CSA; s26 Ombudsman Act].

Prisoners may also call the Ombudsman from the prison phone to make a complaint.

Legal assistance

A legal practitioner may visit the prisoner at any reasonable time by appointment with the General Manager [s96 CSA]. Generally, this is with 24 hours notice (for Alice Springs Correctional Centre) but can be longer (particularly for Darwin Correctional Precinct). Legal professional privilege applies to legal practitioners meeting with their clients in prison. A meeting between a prisoner and their legal practitioner must not be audibly observed or recorded without the consent of the visitor [s102 CSA].

The General Manager must not monitor or record a phone call between a prisoner and their legal practitioner without the consent of the legal practitioner [s105 CSA].

A prisoner must not be stopped from sending or recieving any legal mail [s106 CSA].

However, if a correctional officer reasonably believes that mail is not in fact a legal item and is made out to be a legal item, they may confiscate the mail [s153 CSA]. A legal practitioner who has been nominated by the Minister [s156 CSA] can then inspect the mail to determine whether in fact it is a legal item [s154 CSA].

Legal action by prisoners

Report criminal offences in prison

As well as the laws relating to managing prisons, the criminal law generaly applies to prisoners and employees of the Department of Correctional Services. Complaints can be made to Police. Legal advice can be provided to a prisoner if a prisoner has a concern about making a complaint.

Where a prisoner alleges that they or another prisoner have been assaulted by a prison officer, the matter ought to be referred to the police. This includes where the prisoner does not wish to pursue the matter. The matter is decided by a judge who must act on the information unless the allegation appears frivolous or an abuse of process [Electronic Rentals Pty Ltd v Anderson [1971] HCA 13; (1971) 124 CLR 27].

Civil actions by prisoners

Civil proceedings can be brought on by prisoners depending on the circumstances. Legal advice should be sought by a prisoner. Strict time limits can apply to civil proceedings so prisoners are encouraged to act quickly.

A number of legal aid providers attend to the prison for 'legal clinics' on a regular basis, and appointments can be made by contacting the relevant legal aid provider (prisoners ought to have access to legal aid Free-Call numbers). Visits to prisoners by legal practitioners or phone calls between prisoners and legal practitioners have laws and rules related to whether they are audibly recorded.

Civil proceedings can be brought for an action that is also part of a complaint for a criminal proceeding. In other words, if a prisoner wants to take civil action they may be able to do so even though that same action is also part of a criminal law complaint. Legal advice should be sought.