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Research Report: Taking justice into custody: the legal needs of prisoners
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Taking justice into custody: the legal needs of prisoners  ( 2008 )  Cite this report



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Appendices


Appendix 1: Areas of law particular to inmates

Voting

In 2006 the Federal Parliament passed the Electoral and Referendum Amendment (Electoral Integrity and Other Measures) Act 2006 which amended section 109 of the Commonwealth Electoral Act 1918so as to provide that any prisoner serving a full-sentence of imprisonment could not vote in federal elections. However, the impact of this amending legislation on prisoners' right to vote was recently struck out by the High Court of Australia in Roach v Electoral Commissioner.1 This returned the law to the situation existing before the 2006 amendment, whereby those prisoners serving a sentence of less than three years have the right to vote in Federal elections.

Under NSW legislation, section 21 of the Parliamentary Electorates and Elections Act 1912 stipulates that only unconvicted inmates on remand and inmates serving sentences less than 12 months are entitled to vote in State elections.

Jury duty

In NSW, current prisoners and some ex-prisoners are disqualified from serving on a jury. Under section 6 of, and Sch 1 to, the Jury Act 1977, a person who at 'any time within the last 10 years in New South Wales or elsewhere has served any part of a sentence of imprisonment' or a person who is 'currently bound by an order made in NSW or elsewhere pursuant to a criminal charge or conviction' (including a parole order, remand in custody, or a good behaviour order) is disqualified from serving as a juror in NSW.

Privacy

The Privacy and Personal Information Protection Amendment (Prisoners) Act 2002 (NSW) withdrew the ability of prisoners and their families and associates to seek compensation for a breach of their privacy under the Privacy and Personal Information Protection Act 1998 (NSW).

Personal injury

In NSW, prison inmates are able to pursue civil claims for events predating their incarceration. They are also able to pursue civil claims for events that occur whilst in prison. However, there are a number of legislative barriers, specifically the Felons (Civil Proceedings) Act 1981, the Civil Liability Act 2002 and the Victims Support and Rehabilitation Act 1996, which may prevent certain inmates from pursuing claims.

Firstly, section 26C Civil Liability Act states that a criminal offender is not to be awarded damages unless the degree of permanent impairment is at least 15%. Further under section 26J, if the action is against a 'protected defendant' (includes prison authorities, prison health authorities, public health organisations, prison management companies and government departments), an amount will be withheld to pay any outstanding 'victim support payment' amount owed by the offender.

Section 54 of the Civil Liability Act also regulates awards to 'criminals' by stating that a court is not to award damages if 'the death of, or the injury or damage to, the person that is the subject of the proceedings occurred at the time of, or following, conduct of that person that, on the balance of probabilities, constitutes a serious offence' and 'that conduct contributed materially to the death, injury or damage or to the risk of death, injury or damage'. This section does not apply to an award of damages against a defendant if the conduct of the defendant that caused the death, injury or damage concerned constitutes an offence (whether or not a serious offence).2

For claims against persons other than protected defendants, damages are assessed on the same basis as they would be for other members of the public although section 4 of the Felons (Civil Proceedings) Act states that those inmates, who have been convicted of committing a serious indictable offence,3 'may not institute any civil proceedings in any court except by the leave of that court granted on application'. Under section 5, leave may only be granted if the court finds that the case, based on the application, has merit.

And lastly, under section 24 of the Victims Support and Rehabilitation Act, people who have sustained their injury in the commission of a crime or while in prison are not eligible for victim's compensation unless there are 'special circumstances' as decided by a tribunal.

Discrimination

The Anti-Discrimination Amendment (Offender Compensation) Bill 2007 was introduced to the Legislative Assembly in May 2007. The Bill stipulates that where an offender is awarded compensation for loss or damage suffered by reason of conduct of protected defendants while they are in custody, this is to be paid into the Victims Compensation Fund rather than to the offender. This discharges the defendant from paying the compensation to the offender.

Reproductive material

The Correctional Services Legislation Amendment Bill 2006 was introduced to the Legislative Assembly in May 2006 with the purpose of prohibiting inmates who are serving sentences for serious indictable offences or who are awaiting sentencing for such offences from providing their reproductive material4 for use, or storage, for reproductive purposes at hospitals and other places.

The Correctional Services Amendment Bill 2006 was referred to the NSW Parliament Legislative Council General Purpose Standing Committee No. 3 by the Legislative Council on Wednesday 7 June 2006 for inquiry and report. However, as the Legislative Council was prorogued in January 2007 as the result of the State election, the inquiry has expired and the bill has not progressed further through parliament.



Appendix 2: The sampling frame

Table A2.1 details the proposed distribution of prisoner and ex-prisoner interviewees across gender, geographic location, indigenous status, language background, classification and sentencing status.

Table A2.1: Proposed sampling for prisoners and ex-prisoners to be interviewed
Remand
20
Sentenced
20
Released
20
Short sentence
10
Long sentence
10
Parole
10
Unconditionally released
10
Max security
5–10
Min-med security
10–15
Across the above strata, the sample will be split approximately:
Rural-Regional/Urban (20/20)
Males/Females (34/6)
Indigenous/NESB/ Non-Indigenous Anglo (11/7/22)
Age 18–44/Other age groups (30/10)
Rural-Regional/Urban (5/15)
Males/Females (18/2)
Indigenous/Non-Indigenous (3/17)1
Notes: 1 NESB (Non-English Speaking Background) and age were not further specified due to the likely difficulty with fulfilling such specific requirements within the small sample size and numbers likely to consent.


Appendix 3: Information sheets and consent forms

3.1 Prisoners participant information sheet

3.2 Ex-prisoners participant information sheet

3.3 Prisoners and ex-prisoners consent form

3.4 DCS staff participant information sheet

3.5 DCS staff consent form




Appendix 4: Interview schedules

4.1 Interview schedule for prisoners (and ex-prisoners)

Note: the interview schedule of ex-prisoners only differed to adjust for their present circumstances

INTRODUCTION

Hi, thanks for agreeing to chat with me. I really appreciate your time. I'm [give first name only]. Do you mind if I get your first name so I know what to call you during the interview?

[Go to participant information and consent form. This must be read out to the interviewee and signed by both the participant and a witness before continuing]

I should just say, I am not a lawyer, but at the end, I can give you information about where to get legal help if you need it.

LEGAL ISSUES GENERALLY

1. To start off with, we are going to talk about legal problems you may have including problems that may have started before you came in. But is there anything in particular you would like to tell me about first? Perhaps some legal issue that is really bothering you or has come up recently?

[Explore fully: when the problem first occurred, what steps the person took (if any) to address it, what advice/information they sought, what they actually received, any barriers encountered, any problems in executing the advice, and the current status of the problem. Particularly interested in any action they may have taken whilst in prison and how that panned out.]

2. I'm going to ask you about legal issues that might have come up before or when you came into prison — like housing or debt problems. Just to help me understand these things

a) Can you tell me how long you have been inside for [this time, if in more than once]?

b) Are you on remand or have you been sentenced?

c) [If sentenced] How long is your sentence/how long have you got to go?

[If on remand] When is your trial?

HOUSING

3. So I'll just go through a number of different areas now where you might have had some legal issues. Just starting with housing, can I just ask where were you living before you came inside?

[Do not read out – use as prompts]

  • If own home, → a) Do you have a mortgage?
  • If Dept of Housing, → b) Were you on the lease?
  • If private rental, → c) Were you on the lease?
  • If caravan park, → d) Did you have a lease or contract?

[Other accommodation types]
  • Boarding house
  • SAAP accommodation
  • On the street
  • With friends
  • With family
  • Other

4. What is happening with your mortgage/lease/accommodation while you are inside? E.g. Is someone else staying there? Are you still on the lease?

[If things have not been sorted out/there is a problem]

a) Since you came inside, what have you been able to do about it?

b) [If has done nothing] Why was that?

c) Where did you go for any information/advice?

d) Did they/that help?

e) Is it still a problem?

5. [If relevant] Have any arrangements been made about your gas, electricity and telephone? To stop services or suspend payments, etc.? [Explore fully with each service mentioned what they have done about these services]

a) What is happening with your mail while you are inside?

6. Did you have any problems with your accommodation while you were living there before you came inside that are still not fixed?

[For example, eviction, disputes with the landlord, blacklisting, discrimination, getting a bond back, fees, privacy issues or use of amenities]

[If there was a problem]

a) What happened?

b) Since you came inside, what have you been able to do about it?

c) [If has done nothing] Why was that?

d) Where did you go for any information/advice?

e) Did they/that help?

f) Is it still a problem?

7. Where do you plan to live once you are released?

8. Have you made any arrangements for that?

9. [If release is imminent ask] Has anyone discussed your post-release accommodation with you in here?

Employment/INCOME

10. Did you have a paid job before you came in? [If no, go to Q14]

[If had a job] Was that:

a) A permanent or casual/seasonal job?

b) Contract? [If yes, explore their understanding and conditions of the contract]

c) Cash in hand?

d) Own business?

11. How long had you been at that job?

12. What happened with that when you came to jail?

13. Do you have any legal issues with your job/business that are still not sorted out?

[Prompts: From job A dispute over conditions of employment such as pay, superannuation, working hours, breach of award conditions, leave, union membership or other working conditions or lack of contract]

[Prompts: From business - commercial tenancy issues, problems with people owing you money, problems paying your business bills, employment related issues or problems with Business Activity Statements]

[If there was a problem]

a) What happened?

b) Since you came inside, what have you been able to do about it?

c) [If has done nothing] Why was that?

d) Where did you go for any information/advice?

e) Did they/that help?

f) Is it still a problem?

14. Were you receiving any Centrelink benefits before you came in? [If no, go to Q16]

[Prompts]

Newstart CDEP

Abstudy/Ausstudy Disability pension

Youth allowance Age Pension

Other

15. [If was receiving benefit] What happened with your benefit when you came in here? (Was it stopped/is it still being paid/don't know?)

16. When you came inside, did you have any outstanding problems with Centrelink about your benefits? For example, eligibility, calculation of benefit level, breaches, review on change of circumstances, allegation of fraud

[If there was a problem, ask:]

a) What happened?

b) Since you came inside, what have you been able to do about it?

c) [If has done nothing] Why was that?

d) Where did you go for any information/advice?

e) Did they/that help?

f) Is it still a problem?

17. [If no job or governments benefits mentioned] Had you applied for any Centrelink benefits in 12 months before you came inside?

[If no]

a) Was there any reason why you didn't apply?

[If yes]

b) And what happened with that?

Credit and Debt

18. I just want to ask about any debts [except Centrelink — should have been dealt with above] you may have had before you came into jail or that have been building up since you have been here. Firstly, have you got any debts owing to companies or banks, or for things such as gas, telephone or mobile phone, electricity or any others? [If no, go to Q22]

[Prompts]

  • A problem paying a bill, loan or debt where the lender took action against you, or threatened to do so
  • A dispute about your Credit Reference Rating
  • A problem as a guarantor for someone else's loan
  • A problem with bankruptcy
  • A problem people not repaying money they owe you
  • A problem with a loan for housing/personal/car

[If yes]

19. Are they trying to get the money from you or your family? How are they doing that?

20. Have you sought any help with that?

21. Do you owe anyone money (friends, relatives, associates, etc.)?

[If yes]

a) Are they trying to get the money from you or your family? How are they doing that?

b) Have you sought any help with that?

22. Does anyone owe you any money?

[If yes]

23. Are you trying to get the money from them? How are you doing that?

24. Have you sought any help with that?

25. Do you have any fines that are unpaid?

[If has unpaid fines]

a) What happened?

b) Since you came inside, what have you been able to do about it?

c) [If has done nothing] Why was that?

d) Where did you go for any information/advice?

e) Did they/that help?

f) Is it still a problem?

g) Has this affected your driver license or car rego. [Prompt to see if this was this related to their offence?]

FAMILY

26. Are you or have you been married or had a de facto partner?

27. Do you have any children?

28. Have you had legal problems related to your family since you have been inside?

[Prompts]

  • Divorce/settlement
  • Residency/access to children
  • Child(ren) taken into care or placed on the Child Protection Register
  • Problem with paying or receiving child support

[If there was a problem, ask]

a) What happened?

b) Since you came inside, what have you been able to do about it?

c) [If has done nothing] Why was that?

d) Where did you go for any information/advice?

e) Did they/that help?

f) Is it still a problem?

29. [If has child(ren)]

a) How are your kids being looked after while you are in here?

b) Are you happy with that arrangement?

c) If no, what can you do about that from here?

30. Do you have any arrangements/plans regarding the care of your children when you are released?

CRIME

31. Just turning to the offence or offences that you are currently in jail for — what kind of legal help did you get/are you getting for this matter.

[Prompts]

  • Legal Aid – duty lawyer
  • Legal Aid – grant of legal aid (Barrister/solicitor)
  • Private Lawyer
  • Other
  • None [Go to Q35]

a) Were you satisfied with the assistance you got with this matter?

[If has lawyer]

32. Do you have any trouble contacting your lawyer about this matter?

[If no, go to Q34]

33. [If yes] What makes it difficult?

34. When you want to speak to your lawyer, what do you have to do?

35. Since you have been in jail, have you had any court hearings or other legal processes going on for this/these offence(s) [Like appeals]?

a) Were you able to attend the court? [If yes] What happened? [Explore process fully]

[If yes]

a) Have you tried to get information or advice for these hearings? [Prompt for what information/advice]

c) [If no] Why was that?

d) [If yes] Where did you go for any information/advice?

e) Did they/that help?

f) Is it still a problem?

36. Have you been before the parole board this time? [If no, go to Q37]

[If yes]

a) Have you seen a lawyer about your parole hearing?

b) [If no] Why was that?

c) [If yes] Was that a legal aid lawyer, private lawyer, ALS?

d) Did you have any trouble seeing your lawyer?

e) Did you understand the advice they gave?

f) Were you satisfied with the advice you received?

37. Have you had any legal problems related to other criminal matters since you have been inside?

a) What is happening with them while you are inside?

b) What have you done about them?

c) [If nothing] Why was that?

d) [If something] Did they/that help?

e) Has it been sorted/is it still an issue for you?

38. Are you involved in any other legal matters — such as being a witness for someone else?

[If yes]

39. And what happened with that? Were you able to go to court/make a statement?

VICTIM OF CRIME ISSUES

40. Before you came inside, had you recently been the victim of a crime?

[If yes]

a) What happened?

b) Since you came inside, what have you been able to do about it?

c) [If has done nothing] Why was that?

d) Where did you go for any information/advice?

e) Did they/that help?

f) Is it still a problem?

41. Have you had any serious threat to your personal safety (or) been the victim of a crime since being inside?

[If yes]

a) What happened?

b) Since you came inside, what have you been able to do about it?

c) [If has done nothing] Why was that?

d) Where did you go for any information/advice?

e) Did they/that help?

f) Is it still a problem?

HEALTH

42. Have you had any other injuries [i.e., apart from those discussed for Q41] since you have been inside this time?

43. What happened there? What injuries have you got?

44. Did you or anyone else take any [legal] action about this?

[If yes]

a) What happened?

b) Where did you go for any information/advice?

c) Did they/that help?

d) Is it still a problem?

[If no]

45. Is there any reason for that?

46. While you have been in prison this time, have you had a serious difficulty with access to adequate medical treatment or any treatment you've received?

[If yes]

a) What happened?

b) What have you been able to do about it?

c) [If has done nothing] Why was that?

d) Where did you go for any information/advice?

e) Did they/that help?

f) Is it still a problem?

OTHER LEGAL MATTERS

47. Putting aside the things we have already talked about, did you have any other outstanding legal matters from before you came into jail? For example, a personal injury compensation claim, say from a car accident, medical negligence, something to do with wills or probate, an experience of discrimination, (on what basis?), any issues with the guardianship board?

[If yes, for each ask]

a) What happened?

b) Since you came inside, what have you been able to do about it?

c) [If has done nothing] Why was that?

d) Where did you go for any information/advice?

e) Did they/that help?

f) Is it still a problem?

That is just about the end of my questions about legal issues.

48. Are there any other legal issues that you have/had that we haven't covered already?

49. Have you even been seriously unhappy with any legal advice you have received?

[If yes]

a) What have you done about that?

c) [If has done nothing] Why was that?

d) Where did you go for any information/advice?

e) Did they/that help?

f) Is it still a problem?

ACCESS TO LEGAL ASSISTANCE

50. If you want information about the law or legal processes, where do you go for help?

51. If you want legal advice for a particular problem, where do you go for help?

52. What do you personally think makes it difficult to get legal information when you are in prison?

53. What do you personally think makes it difficult to get legal advice when you are in prison?

54. Have you used the Audio Visual Link for getting any legal advice or for a legal hearing? How was that for you? [Explore fully how they felt about it and how it affected their case or their interactions with their lawyer or the court process]

DEMOGRAPHICS

Now I just wanted to ask you a few more questions just about your age and background and things like that.

55. Which of the following age-bands do you fall into?

18–24 25–34 35–44 45–54 55+

56. Aboriginal or a Torres Strait Islander?

No Aboriginal TSI ATSI No answer provided/Don't know

57. Record gender

Female Male Transgender

58. What is the highest level of education you have reached?

Didn't finish primary

Primary

Some high school

Year 10 (school certificate)

Year 11

Year 12 (higher school certificate)

TAFE/Diploma

University degree or higher

59. Were you born in Australia?

Yes [If yes, go to Q61]

No [If not]

60. Where were you born? When did you come to Australia?

61. What is your preferred language to speak? [Record any communication issues that arose in the interview]

Now to finish off, can ask a bit about where you are in the system here.

62. How long have you been at this Correctional Centre?

63. Where were you before that?

64. What is your current classification?

65. Is this your first time in jail?

That is all I wanted to ask you. Thank-you and is there anything you would like to ask me?

4.2 Interview schedule for DCS staff

INTRODUCTION

[Where appropriate, try and get examples that they have actually seen/experienced themselves — this helps to flesh out their opinions/experiences]

YOUR ROLE

1. Can you tell me about your role in DCS/this correctional centre?

a) What is your role when:

[Prompts]

  • An inmate has a legal problem
  • Needs legal information
  • Needs legal advice
  • Wants to contact a lawyer (when they don't already have one)
  • Wants to contact their own lawyer
  • Has a matter/legal process underway that they have to go to court for?

b) Are these a formal or recognised part of your role?

2. About how often would a prisoner approach you for help with a legal problem (this includes family issues such as child custody, housing, debt issues, etc.)?

3. What types of legal problems do inmates seek your help about?

4. What type of help do they ask for/what do they ask you to do?

5. What difficulties do you have trying to assist them with these problems?

[Prompts]

  • Understanding the problem/sorting out what it is
  • Getting them to deal with the issue
  • Getting documents/evidence
  • Knowing where to get help for the inmate for that issue
  • Getting in contact with a/the lawyer
  • Getting the lawyer to see the client
  • Volume of clients to support
  • other

6. What additional support/information (from legal and non-legal services) would help you to assist inmates with these problems?

PRISONERS' LEGAL NEEDS

7. In your experience, what types of legal problems do inmates come into prison with?

8. What types of legal problems tend to come up for inmates once they are inside?

AWARENESS OF LEGAL NEEDS

9. When inmates come in, do they tend to:

a) Be aware of their legal issues that may be occurring outside of the jail?

b) Be anxious about their legal problems outside of the jail?

c) Want help with these issues?

10. When legal problems arise once they are here (such as debts, family issues):

a) Are prisoners generally aware when these problems arise?

b) How do they/can they find out about legal problems that might have come up?

c) What might prevent this information getting through to them?

d) Do inmates seek help with these issues?

11. Are there any processes in this prison to help incoming prisoners with keep their affairs outside prison in order while they are inside?

SEEKING ASSISTANCE AND BARRIERS

12. What sort of problems do inmates tend to try to deal with and what problems do they let slide?

13. If an inmate has a legal problem, technically what choices do they have for getting assistance for:

a) Legal information,

b) Legal advice,

c) Legal representation) in this prison that you know of? [e.g. Legal Aid, regular visits]

14. In your experience, do they have access to [each resource named] in practice?

15. What do you think are some of the barriers that inmates encounter in dealing with accessing those resources?

16. [If not already discussed] Do you think that many of the prisoners know of LawAccess? Is there anything done to promote LawAccess (such as notices giving the telephone number around the prison) in this prison?

17. What is the situation regarding legal visits in this prison? [That is, what are the formal arrangements regarding legal visits?]

a) Do you think it happens like that in practice or are there things that change that situation? [Try elicit whether there any differences between the formal rules that govern legal visits, and how the operation of the prison in practice may cut across access.]

18. When a prisoner has a legal problem do they tend to remain unresolved when they leave?

[If yes]

a) Why is that?

LEGAL PROCESSES

19. What problems do inmates face in participating in legal processes (e.g. court matters, or as defendants in matters that may be running outside (e.g. civil and family)

a) What happens when an inmate needs to go to court?

b) What are the difficulties in getting an inmate to court?

c) What types of difficulties do inmates have preparing their cases for court?

d) What kind of difficulties do inmates face when they go to court?

20. Is Audio Visual Link for legal matters used in this prison?

a) How well do you think that works?

b) What problems do you think it avoids?

c) What problems do you think it raises?

21. Are there any other particular strategies, programs, initiatives relevant to meeting legal needs of prisoners/ex-prisoners in this prison that you know of?

a) Is every inmate eligible for them/reached by them?

[If no]

b) Who misses out and why?

22. Do you have any ideas for some strategies that might help prisoners avoid or deal with legal issues more effectively?

23. In your experience, what difference to dealing with legal issues does it make depending on:

  • Classification
  • Location of the prison
  • Remand versus sentenced
  • Male vs female

24. In your experience, do indigenous prisoners have any particular difficulties with legal issues?

TRANSITION FROM PRISON TO RELEASE

25. [If relevant] What kind of pre-release programs are there for prisoners here? Who is eligible for them and who is not? Does Centrelink visit inmates before they are released? Are there any problems with inmates accessing these pre-release services?

26. What kinds of legal issues do you think prisoners face when they are released?

[QUESTIONS FOR PAROLE OFFICERS AND THROUGHCARE STAFF]

27. What do you think are some of difficulties released prisoners have to trying to meet their parole conditions?

28. What are they most commonly breached for?

29. What are the major barriers to ex-prisoners do you think in addressing their legal issues in terms of:

  • Getting legal information
  • Getting legal advice
  • Finding legal representation

30. Which services (legal and non-legal support) are ex-prisoners usually in contact with? What are some of the reasons some ex-prisoners may not make contact with these services?

31. That's all the questions I have. Is there any thing else that you think is important to understanding the legal needs of prisoners and ex-prisoners that we haven't covered?

Thank-you for your time.

4.3 Sample interview schedule: other stakeholders

Areas for discussion:

  • What are the types of legal problems of prisoners/ex-prisoners face? Can we start with those who are currently in prison first? [Then follow with those released from prison.]
  • What do you think prisoners/ex-prisoners need to address their legal problems effectively?
  • What issues do prisoners/ex-prisoners have in accessing legal advice and information?
  • What problems do you see prisoners/ex-prisoners having to participating in legal processes?
  • What do you do to assist prisoners/ex-prisoners to address/avoid legal problems?
  • What support do you need to assist prisoners/ex-prisoners with legal issues?
  • What initiatives do you think have helped prisoners/ex-prisoners to address/avoid legal problems?




Appendix 5: List of agencies consulted

Legal

  • Coalition of Aboriginal Legal Services (now Aboriginal Legal Service NSW/ACT)
  • Criminal Justice Support Network
  • Homeless Persons Legal Service
  • Inner City Legal Centre
  • Intellectual Disability Rights Service
  • LawAccess NSW
  • Law Society, Community Referral Service
  • Law Society, Criminal Law Committee
  • Legal Aid NSW (head office and regional offices)
  • Prisoners Legal Service
  • Public Interest Advocacy Centre
  • Public Defenders Office
  • Member NSW Bar
  • Welfare Rights Legal Centre
  • Women's Legal Services

Non Legal
  • Eileen Baldry, UNSW
  • Centrelink Prison Servicing Unit
  • Community Restorative Centre
  • Indigenous Social Justice Association
  • Justice Action
  • Micha House
  • Parramatta Mission
  • People with Disabilities
  • Prisoners' Aid Association of NSW
  • Regional SAAP service
  • Shine for Kids
  • Marrickville Council, STAMP project
  • Independent Community Living Association

Department of Corrective Services
  • Corporate Research, Evaluation and Statistics
  • Head office, policy and programs staff
  • Library staff
  • Welfare, program and custodial staff at five correctional centres
  • Community Corrections staff at three offices
  • Official Visitors
  • Chaplain at one Correctional Centre
  • Financial counsellor


[2007] HCA 43
A serious offence is an offence punishable by imprisonment for 6 months or more pursuant to s 54(2) of the Civil Liability Act.
An offence heard in the District Court and above by a Judge and Jury.
Sperm from a male or ovum from a female.

 [2007] HCA 43
 A serious offence is an offence punishable by imprisonment for 6 months or more pursuant to s 54(2) of the Civil Liability Act.
 An offence heard in the District Court and above by a Judge and Jury.
 Sperm from a male or ovum from a female.


CLOSE
Grunseit, A, Forell, S & McCarron, E 2008, Taking justice into custody: the legal needs of prisoners, Law and Justice Foundation of NSW, Sydney