For example: A prisoner cannot be placed in a hot, dark cell while reducing their food or water intake.
Read more about discrimination, vilification, victimisation, sexual harassment and your rights in prison on this page.
Human rights protections
Right to humane treatment
You have a right to be treated with respect while you are in prison.
When you are in prison, your rights are more limited than for people on the outside. But any time your rights are limited, there has to be a good reason, for example, to keep other prisoners and staff safe.
People in prison must not be treated unfairly because of their race, age, disability, sexuality, religion, or other protected attributes. Also, people in prison must not be subjected to vilification, victimisation or sexual harassment.
Removal of clothing
Prison staff can only conduct removal of clothing (ROC) or strip/body searches if there is a genuine security or safety reason. For example: if there is reason to believe you have a weapon.
You have the right to ask and understand why a search is happening.
Prison staff must:
- explain why the search is happening
- carry out searches in a respectful way.
Staff must not use a removal of clothing (ROC) search to harass or punish you.
Body cavity searches
Only a doctor or nurse can perform a body cavity search, and only if:
- there is a valid reason for it
- no less invasive options is available.
Separate confinement
If a decision is made to keep you separated from other prisoners (e.g. on a safety order or in separate confinement), it must:
- be for a good reason (for example: for your safety or other prisoners’ safety or because of a breach of discipline)
- be under the least restrictive conditions
- end as soon as the risk has passed.
There should be regular review of the need for separate confinement by prison staff and an Official Visitor (a person appointed to help prisoners with their complaints).
Restraints and use of force
If you are restrained by prison staff or they use force on you, it must be:
- for a good reason
- as a last resort
- using the minimum amount of force or restraint that is necessary.
Good reasons may include:
- keeping you safe
- protecting staff or other prisoners
- to stop you escaping.
Prison staff cannot use restraints or force to punish you.
Right to protection from torture and cruel, inhuman or degrading treatment
You have the right to not be tortured.
You must not be treated or punished in a cruel, inhuman or degrading way.
You generally have the right to refuse medical treatment unless you understand and agree to it.
Right to protection of families and children
You have the right to stay connected with your family even though you are separated from them. This includes:
- visits
- sending and receiving letters or mail.
For example: If a prisoner becomes seriously ill and is hospitalised, their family has a right to be kept informed of their condition. The prison should do this.
If you have given birth to a baby and you ask to keep your baby with you, the prison must consider the request while taking into account:
- your human rights
- the human rights of your baby.
Right to practise your culture
You have the right to:
- enjoy your culture
- practice your religion and beliefs
- use your language.
Aboriginal peoples and Torres Strait Islander peoples cultural rights
Aboriginal and Torres Strait Islander cultural rights include the right to maintain connection to:
- culture and spiritual practices
- identity
- kinship ties
- language.
For example: Practicing your culture might include making cultural art or participating in yarning circles.
Right to expression
You have the right to:
- have your own opinion
- seek and receive information
- be connected to the outside world (e.g., having access to the news, writing and receiving letters, and receiving visitors).
Your right to expression may be limited if there is a good reason. For example: your visitor may be banned if they bring in illegal contraband.
Right to privacy
Your privacy, family, home, or correspondence should not be interfered with without good reason.
You can send letters or receive letters, but your letters can be opened and read. If there is unacceptable content in your letters (e.g., pornographic images, threats) your letters could be censored.
Privileged mail (mail from your lawyer or from some government departments) should be kept private for just you to read.
You can make personal phone calls, but they can be monitored and recorded in some circumstances.
Right to health services
You have the right to access health services while in prison, including medical and mental health treatment.
Prisoners should have access to the same standards of health care available in the wider community through the public health system.
You must not be refused emergency medical treatment needed to save your life or stop serious damage to your health.
Right to life
You have the right to life. This means that prison staff must take steps to protect you and prevent harm that could put your life in danger.
Right to education
While in prison, you have a right to access vocational education and training.
For example: a TAFE course. However, a particular course may not be available in prison if it is too expensive or because the prison doesn’t have the right facilities.
Right to equality
Under the Human Rights Act, you have the right to equal treatment while you are in prison.
For example: If a prisoner who is deaf (which is a disability) cannot use the phone, they should be given another way to contact their family or friends e.g., video calls or visits.
Discrimination
While in prison, you must not be treated unfairly because of your race, sex, age, gender identity, religion, sexuality, disability or any other protected attribute. This is called discrimination.
Sometimes discrimination is allowed. For example, it may not be unlawful discrimination for prison staff to discriminate against you to protect your safety or to protect other prisoners and staff.
Learn more about discrimination.
Vilification
Vilification happens when someone says or does something in public, which may make other people hate or make fun of you because of your race, religion, gender identity, sexuality, or sex characteristics.
Learn more about vilification.
Victimisation
Victimisation happens when someone treats you badly because you plan to make or have made a complaint about discrimination, vilification or sexual harassment.
Learn more about victimisation.
Sexual harassment
You have the same right to be free from sexual harassment in prison as you do in the community.
Sexual harassment happens when someone does something to a person that is sexual and makes them feel upset, embarrassed, or afraid.
Sexual harassment can include:
- unwelcome touching
- saying sexual things about you
- asking for or demanding sex
- asking questions about your private sexual life or body.
Learn more about sexual harassment.
Making a complaint
If you feel you have been treated inappropriately or unfairly, you can make a complaint.