Visitors
Your family, friends and professionals like lawyers and psychologists can arrange to visit you by booking in a visit with the gaol you are detailed at. They may book a visit with the gaol in person, via telephone or on a video call (AVL). First time visitors must apply for a Visitor Identification Number (VIN) by providing suitable identification. This is required to help Corrective Services NSW to verify and manage visitor security. To apply for a VIN and for more information you can contact the Visits Booking Line on (02) 8759 0010.
To visit you in person the visitor will need to take a valid form of photo ID and know their VIN number. They may also want to bring cash for vending machines. The visitor will need to leave all other personal items in lockers before going through the security gates.
If a family member or friend would like to book a telephone call or AVL with you they must register to use the JUST Connect portal. The JUST Connect portal is an online system used by Corrective Services NSW. Your visitor will need a VIN in order to register with JUST Connect. You must also add your family member or friend on your visitors list so that they can contact you on JUST Connect.
You are also entitled to visits by other official visitors, including consular officials and cultural or religious persons as well as lawyers. Visits with a lawyer should not be monitored. This is because these communications are protected by legal professional privilege.
Some people may be restricted from visiting you because of their own conduct, their age, the offence you are accused of committing, or because there are court orders in place that prevent contact. If your visitor is restricted from seeing you and you would like to discuss this with a lawyer you can talk to a lawyer from Legal Aid NSW by calling Legal Aid NSW (dial #2 on the CADL) and asking for a criminal lawyer from PLS.
You have a right to refuse most visits.
Your security classification
You will receive a security classification as soon as you enter custody. A security classification impacts the gaol you can be held in, the people you can associate with, and the programs you can access. It will also determine how restrictive your physical environment is.
Your classification will be reviewed at least once every 12 months. When a classification review is held, unless there are exceptional circumstances, you should be present at the review. You can't be legally represented at the review.
You may be able to request a review without waiting for the 12-month review if you have information that was not available at the time of the last review. A review may also be held if it can be shown that you were denied procedural fairness in the previous review.
For legal advice about your classification you can contact PLS by calling Legal Aid NSW (dial #2 on the CADL) and ask to speak to a criminal lawyer from PLS.
Changing gaols
In general, you can't choose which gaol you are held in. Your gaol placement will be determined by a combination of factors, such as classification, status as a remand or sentenced inmate, health or mental health needs, case plans and program needs. Proximity to family is something that should also be considered, particularly for Aboriginal inmates, but it is not uncommon for people to be held in prison a long way from their home and family.
Gaol placement will be reviewed once every 12 months. However, you can request a review at any time by submitting an inmate request at the gaol.
Sometimes you might be moved from one gaol to another one. This can happen if:
- a gaol is being repaired or having construction work done
- there is an outbreak or threatened outbreak of an infectious disease
- a gaol closes down
- a gaol is too overcrowded
- prisoners in one gaol need to be separated from each other.
If you attend a court or tribunal in person, you might be taken to a different gaol afterwards.
Legal Aid NSW may be able to assist in advocating for a change in placement in limited circumstances, but we can't force Corrective Services NSW to transfer anyone. We can't attend the gaol and argue your case, but we may be able to write to Corrective Services NSW about your placement concerns if you are unable to advocate for yourself.
For legal advice about this issue you can contact PLS by calling Legal Aid NSW (dial #2 on the CADL) and ask to speak to a criminal lawyer from PLS.
Gaol offences
The Governor of a correctional centre can charge you with a prison disciplinary offence if they believe you have committed a prison offence. This is not the same as a criminal charge. They are internal offences which are dealt with by Corrective Services NSW. If the charges are serious Corrective Services NSW may hold an inquiry.
Inquiries are informal and there are no rules of evidence. You may present evidence and can cross-examine any witnesses that are called in the inquiry. Other than in very limited circumstances, you can’t be represented. There is also no general right of appeal against a decision made following an inquiry, but the penalties imposed by a Governor are far less severe than those that can be imposed by a visiting magistrate or by the local court.
While internal charges for prison offences are not considered criminal offences, they can still have an impact on classification progression and whether you are released to parole. Therefore, behaviour in custody should be taken seriously and so should internal charges.
If your prison offence is very serious you may also be charged by the police as well as dealt with by Corrective Services NSW. Before speaking to police about any criminal charge you should speak to a lawyer. If you would like to speak to a Legal Aid lawyer about this you should dial #2 on the CADL and ask to speak to a criminal lawyer from PLS.
Segregation
Segregation is often called "segro" by inmates. A segregation order is when an inmate is separated from other prisoners for safety, security or management reasons. An initial segregation order must initially not extend beyond 14 days. You can't have this order reviewed. However if Corrective Services NSW decides to extend the segregation order beyond 14 days you are entitled to ask for that order to be reviewed.
Reviews of Segregation Orders are considered by the Serious Offenders Review Council (SORC). You should be given papers to seek a review when a segregation order is extended. You need to fill out the review application including writing down anything you want to say about the allegations that have been made against you, and hand it in at the gaol. This form will then be forwarded to SORC.
It is recommended that you get legal advice before you return the review hearing application so that you can get legal advice about what you should include in your application for review. SORC will not accept these forms directly from Legal Aid NSW. They must be submitted from you to Corrective Services NSW first.
If you would like legal representation at a segregation review hearing, you need to advise SORC of this and contact a lawyer. The SORC will not arrange representation for you.
Representation is available from Legal Aid NSW by PLS. PLS will only appear if you satisfy a means and merit test. If you want to speak to a criminal lawyer from PLS about a segregation review hearing you should call Legal Aid NSW (#2 on the CADL) and ask for a criminal lawyer from PLS.
Mail and phone calls
The governor or a nominated officer can:
- open, inspect and read a letter or parcel sent to or by an inmate
- confiscate a letter or parcel that contains prohibited goods
- copy any writing or pictures in a letter or parcel and give the copy to the inmate instead of the original.
Mail from Legal Aid NSW or other lawyers is confidential due to privilege. This means that the gaol is not allowed to open it. Letters from Legal Aid are put in an envelope and wrapped with a privileged letter around that envelope, to let the gaol know that it should be given to the inmate unopened.
During the time that you are in gaol your telephone calls may be monitored or recorded. Some telephone calls, including those with a lawyer, should not be monitored.
Changing your name
You need the permission from the Commissioner of Corrective Services NSW to apply to Births, Deaths and Marriages (BDM) to change your name. You can't apply directly to BDM, you must apply to the Commissioner first.
You need to complete an application form and attach relevant identification. You also need to include on the form the reasons why you want to change your name.
You should give your completed application form to either the:
- Manager, Offender Services and Programs (at your gaol), or
- Manager of Security, or Transitional Centre Manager.
For a copy of the form, see Applications for approval to change name on the NSW Communities and Justice website.
If you need assistance with the form, speak to your welfare officer, or contact the Prisoners Legal Service by dialing #2 on the CADL system.
Victims support
If you are the victim of a violent crime in gaol, you can only apply for victims support if you have special circumstances. Victims support includes an application for financial assistance or for a recognition payment. You should get legal advice about your circumstances. You can speak to the Prisoners Civil Law Service or make an appointment to see a Legal Aid lawyer when they next visit your centre.
If you were the victim of a violent crime but the crime was committed outside of gaol, you may be eligible to apply for victims support but it depends on the circumstances of your case.
For more information, see Victims rights.
Accessing legal information
You can access legislation and case law using the secure laptops or tablets that let inmates access approved websites known as the "green computers" or the Offenders Tables (OTABs). OTABs are also known as "in-cell tablets." You can ask your Education Officer to make a request to the MRRC Library.
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