Australia
Capital city — Canberra
In case of arrest
All individuals have access to a lawyer. Foreign detainees have access to an interpreter. Persons taken into custody have the right to first aid medical treatment.
Police custody¶
What rights do detainees have in police custody? ¶
- All individuals have access to a lawyer. A lawyer can be contacted via phone call or a legal practitioner can be recommended from the state. The individual may make a request to contact a lawyer, relative or friend (access to interpreters is also provided) this call will either be made in a private room or with an officer present depending on the situation and the charges involved (AFP 2012). Personal belongings and the individual may be searched, this is carried out with another authority figure present and primarily by someone of the same gender.
- Foreign detainees have the right to access an interpreter.
- Persons taken into custody have the right to first aid medical treatment. Medical examination is conducted with consent and detainees can raise any pre-existing medical conditions that require treatment. If medical attention is required, a request should be made to the police officer, who will then organize appropriate medical attention. Access to medical services is available to detainees.
How long can someone be held in police custody before being transferred to prison? ¶
The amount of time one can be held in police custody differs between jurisdictions.
- In Queensland, an individual may be detained for questioning about a serious offence (e.g. murder, rape, robbery, assault) without any charge for up to 8 hours. However police can apply to a magistrate to extend the period to 12 hours. If charged, police may release the individual on bail, or remand them in a police cell until they are able to arrange a court hearing.
- In New South Wales, police may hold an individual up to a maximum of 4 hours, except when suspected of a terrorism offence. Similar to Queensland, NSW police may extend the time further (up to 8 hours) if granted. If suspected of committing or planning to commit a terrorism offence, police may hold the individual for up to 14 days without charge under preventative detention – Terrorism (Police Powers) Act 2002 (NSW).
Is it possible to bail them out of prison? If so, how does the procedure work? ¶
Police have the responsibility to release someone from police custody as soon as practical, when not transferring them to prison. Police do not have unlimited power to hold someone in custody for any reason. If arrested, the court determines bail and if bail is granted, the court will set the conditions of bail.
To which national authority a detainee in police custody can notify a case of ill treatment? ¶
In the event of ill treatment of a detainee by a police officer in custody, there is no national authority to notify. There are state based procedures with internal audits and a coroner for deaths. Although this is a human rights issue, the Human Rights Commission has little power, except refer the issue back to individual state authorities.
Family members can contact the prisoner enquiry phone line or their State’s Department of Corrective Services to find out where a family member is being held.
Detention¶
How do I find out where my family member/friend is being held? ¶
Family members can contact the prisoner enquiry phone line or their State’s Department of Corrective Services to find out where a family member is being held.
- QLD: (07) 3227 6055 or email to [email protected]
- VIC: 03 8684 6600
- WA: +61 8 9264 6229 or +61 8 9264 1587
- NSW: 02 8346 1333 (Corrective Services Head Office)
- NT: (08) 8999 5511 or email to [email protected] (Head Office)
- TAS: (03) 6165 4943 (Director Corrective Services)
- SA: Email to [email protected]
How can I communicate with him/her? ¶
This differs between states. Usually, the Correctional Centre can be called directly to organise a time and to be placed on an approved call list. Prisoners will be given a specific time when he/she can call people on their call lists.
What steps do I undertake in order to visit him/her in prison? ¶
Prison authorities manage visit bookings for each prisoner. Visits are arranged by phone or by letter to the prison. Visitors must register and provide full identification.
In Victoria, one must:
- Contact the prison before you visit. If you don’t know where a prisoner is located, refer to arranging a visit.
- Make sure you are on the prisoner’s visitor’s list (you cannot visit if you are not on the list). Refer to arranging a visit.
- Have the correct form of identification ready to take with you when you visit.
- Refer to information on a specific prison to find out what times you can visit and whether there are any particular rules for visitors.
- Only take property and money that is allowed.
- Do not take any prohibited items into a prison.
Professionals, including lawyers and police, may arrange with the prison visits with prisoners.
Visits
In other States: - New South Wales
- Queensland
- Western Australia
- Tasmania
- Australian Capital Territory
- South Australia
-
Northern Territory
How do I find a local lawyer to organize a defence? ¶
If a prisoner wishes to be privately represented, they must organise and pay for a lawyer. Prisoners may also contact LegalAid if they do not have the means to pay for a lawyer. The State Government is also required to provide lawyers for prisoners if a prisoner cannot arrange one for themself.
Am I allowed to send a parcel? If so, what can it contain? ¶
Family members can provide clothes, photographs and other items to the Visits Processing Officer who will pass on the items to the prisoner once deemed safe. Whilst on remand, parcels only consist of socks and underpants.
How can I send money? How much and how often?? ¶
According to Queensland Corrective Services, registered visitors are permitted to send money to prisoners, for an amount that does not exceed $100 a week. The ‘private’ money a prisoner can receive varies between jurisdictions. In Victoria, it is restricted to $140 per calendar month, whereas in NSW a prisoner may receive $600 per month. In order to determine how much can be sent to a prisoner, check with the State’s Department of Corrective Services.
Government funding ensures that only trusted organisations and groups have access to detainees, preventing independent support.
Local help¶
Government funding ensures that only trusted organisations and groups have access to detainees, preventing independent support.
The government appoints trusted organisations, which are careful not to risk funding or access by criticising government behaviour. Government-funded organisations include Legal Aid commissions, legal centres, churches and NGO’s.
Justice Action is an unfunded national organisation that offers support to detainees and their families. Other trusted groups – both funded and unfunded – include: