We help women in custody
We try to empower women in custody by helping them to understand their legal
rights. We can give you advice about your kids and victims compensation.
You can call us on #21 on the CADL system and leave a message. We will call you back.
If you want help with your criminal, housing, debt, or visa matter, call Legal Aid on #11 on CADL.
Our team can help you with:
I’m in court soon
- If you are in the Children’s Court, the Department of Communities and Justice (DCJ), formerly known as DOCS, will arrange for a lawyer to represent you.
- If you are in court soon for your criminal matter and you don’t have a lawyer, call Legal Aid on #11 and they will arrange for a lawyer to represent you.
- Your lawyer may not be able to speak to you until the day of your court event.
- If you haven’t spoken to a lawyer before you are in court, you can ask the court for an adjournment so you can get a lawyer.
I don’t like my Legal Aid lawyer
- Legal Aid can only arrange a different lawyer for you if they believe there has been a breakdown in the relationship between you and your lawyer that cannot be fixed.
- It is difficult to change lawyers so try talking to them about any issues you are having with them.
- Your lawyer might only speak to you shortly before or on the day of, your court event.
- If you cannot resolve the issue you are having with your lawyer, you can ask them to apply for a transfer via Grants Online.
I want to see and talk to my kids.
If the Department of Communities and Justice (DCJ), formerly known as DOCS or FACS, are not involved:
- It can be difficult to make the person caring for your kids let you talk to your kids while you’re in custody.
- SHINE for Kids helps people in custody stay connected to their kids.
- SHINE for Kids may be able to help transport your kids to visit you in jail.
- Talk to your SAPO or Welfare Officer about getting in touch with SHINE for Kids.
- A Family Video Contact links you with your family through video conferencing technology.
- If the person who is caring for your kids agrees, you may be able to have a Family Video Contact session with them.
- You can talk to your SAPO or Welfare Officer about organising a Family Video Contact.
- Try to reach an agreement with the person caring for kids that they be returned to you when you are released.
- If they are being cared for by someone who is not their parent, you may be able collect them from that person when you are released but it is better to try to reach an agreement with that person before collecting them.
- If they do not return your kids to you after you are released, see we don't agree about the kids for more information.
If the Department of Communities and Justice (DCJ), formerly known as DOCS, are involved:
- There may be a co-located child protection caseworker you can talk to.
- They may be able to help you to find and have contact with your kids.
See DJC (also known as DOCS or FACS) are part of my life
I'm pregnant
- Justice Health and Forensic Mental Health Network (Justice Health) provides health services to people in custody.
- There are health care clinics in jail. The nurse on duty in the clinic can arrange for you to be transferred to a hospital if you need more care than the clinic can provide.
- Justice Health midwives will organise your antenatal (before birth) and postnatal (after birth) care.
- You will have regular appointments with a midwife during your pregnancy.
- When you are up to 36 weeks pregnant, you will have an appointment once a month. When you are between 28 and 36 weeks pregnant you will have an appointment once a fortnight. When you are more than 23 weeks pregnant, you will have an appointment once a week.
- The Perinatal Infant Mental Health Service (PIMHS) looks after the mental health of pregnant women in custody.
- PIMHS will talk to you during your pregnancy and will provide you with care, support, counselling, and referrals to other mental health services, if necessary.
- If you have been struggling with drugs and alcohol, you will be referred to Drug and Alcohol clinicians for help.
- If you identify as Aboriginal or Torres Strait Islander or you are pregnant with an Aboriginal or Torres Strait Islander child, you will be referred to an Aboriginal Health Worker (AHW).
- The AHW will provide your health care workers with advice about any cultural practices and traditions that are important to you.
- If you are due to give birth while you’re in custody, Department of Communities and Justice (DCJ), formerly known as DOCS, will get involved.
- You can tell them who you would like your baby to live with until you get released.
- When you go into labour, you will be taken to hospital to give birth.
- If you want to express breastmilk, and it is safe to do so, you will be provided with a breast pump and will be told how to use it and where to store your breastmilk.
- You may be able to take your breastmilk to the hospital while your baby is an inpatient.
- You will be taken to hospital as much as possible while your baby is an inpatient.
- When your baby is discharged, you could ask your friends or family to take your breastmilk to your baby.
- If you want to end your pregnancy, a midwife or a GP will talk to you about your options. They will support you and will not judge you.
- If you have a termination of pregnancy procedure, you will be offered support and counselling.
- If you have a miscarriage, you may be transferred to hospital and will be offered counselling and support.
I’m scared of my ex or a family member
- If you are afraid that someone will or has assaulted, stalked, harassed, or intimidated you, you may be able to get an apprehended violence order (AVO).
- You can ask to speak to a Police officer about your fears, who will decide whether to charge the person with a criminal offence and/or apply for an AVO.
- If the person is charged a criminal offence, there will usually be an AVO to protect you.
- If the person is not charged, the Police might not think an AVO is necessary, if they believe you are safe in custody.
- If you have an AVO to protect you, the person should not be allowed to contact you in prison. If they do, let Corrective Services know.
I’ve been a victim of violence
- It is not ok for another inmate or an employee of the jail to hurt you, either physically or sexually.
- If someone physically or sexually abuses you, they are committing a crime.
- If you have been sexually abused, please see Sexual Abuse for more information.
- You can report their behaviour to the Police.
- Police can investigate and charge the person who hurt you.
- Talk to your SAPO or Welfare Officer about arranging to speak to the Police.
- Justice Health and Forensic Mental Health Network (Justice Health) provides health services to people in custody.
- There are health care clinics in jail. The nurse on duty in the clinic can arrange for you to be transferred to a hospital if you need more care than the clinic can provide.
- If you are not happy with how the jail treats you, you can make a complaint. See I’d like to complain about the way I’ve been treated in jail (below) for more information. If you were assaulted while you were on remand, you can make an application for victims compensation.
- If you were assaulted after you were convicted, you cannot apply for victims compensation, unless there were special circumstances, for example, you were seriously and permanently injured.
- You may be able to sue Corrective Services by making a personal injury claim if they didn’t do enough to keep you safe. You have 3 years to sue but you need to tell Corrective Services or Justice Health in writing that you may sue them within 6 months of you being injured.
- You need to write down the date you were injured and describe how you were injured.
- Call us on #21 or call Legal Aid on #11 for advice.
I’ve been convicted of a violent offence
- The victim may have received victims compensation from Victims Services.
- Victims Services might ask you to repay them the amount of money they paid to the victim. This is called restitution.
- If Victims Services wants you to repay the money they paid to the victim, they will send you a document called a “Provisional order for restitution”.
- They will also send you a document called “Objection to an order for restitution”.
- If you were pressured or provoked into committing the offence, or you do not have much money, you can ask to not have to repay all or some of the money.
- You can do this by completing the “Objection to an Order for Restitution” and sending it back to Victims Services within 28 days of receiving the documents.
- You will not be required to pay off any money you owe, but you may be able to pay off your debt by up to $1,000 a month by doing unpaid work, courses, counselling, or treatment programs. This is called a Work Development Order. Talk to your SAPO about this.
- If you receive a “Provisional order for restitution”, call us on #21 or Legal Aid on #11 on CADL for advice as soon as possible.
I owe money to the Government
- You will not be required to pay off any money you owe, but you may be able to pay off your debt by up to $1,000 a month by doing unpaid work, courses, counselling, or treatment programs. This is called a Work Development Order. Talk to your SAPO about this.
- If you were convicted of a violent offence, the victim may have received victims compensation from Victims Services.
- Victims Services might ask you to repay them the amount of money they paid to the victim. This is called restitution.
- If Victims Services wants you to repay the money they paid to the victim, they will send you a document called a “Provisional order for restitution”.
- They will also send you a document called “Objection to an order for restitution”.
- If you were pressured or provoked into committing the offence, or you do not have much money, you can ask to not have to repay all or some of the money.
- You can do this by completing the “Objection to an Order for Restitution” and sending it back to Victims Services within 28 days of receiving the documents.
- If you receive a “Provisional order for restitution”, call us on #21 or Legal Aid on #11 on CADL for advice as soon as possible.
I’m not an Australian citizen or permanent resident
- If you have been sentenced to 12 months or more time in jail, including time served, or have been found guilty of a sexual offence against a child, the Department of Home Affairs (DHA) will cancel your visa.
- You will receive a letter letting you know that your visa has been cancelled. This is called a “Notice of Visa Cancellation”.
- The letter will tell you that you can argue that your visa shouldn’t be cancelled by applying to ‘revoke’ the decision.
- If the letter was posted to you, you only have 35 days from the date of the letter to apply to ‘revoke’ the decision to cancel your visa.
- If you finish your sentence before the decision is made about whether to cancel your visa, you will be transferred to immigration detention while a decision is being made.
- If your application to ‘revoke’ is not successful, you can appeal to the Administrative Appeals Tribunal. You only have 9 days from the date of the decision to appeal.
- You can call Legal Aid on #11 for advice about your visa matter. You can ask them to call you with an interpreter.
I’d like to complain about the way I’ve been treated in jail
- You can try talking to the wing, unit, or functional manager about your complaint.
- If this doesn’t fix your problem, you can make a complain using an inmate application form. You should ask your SAPO or Welfare Officer for this form.
- If this doesn’t fix your problem, you can call the Corrective Services Support Line (CSSL). The CSSL is on the freecall lists. You should enter your MIN, PIN, #2 and then #1.
- If this doesn’t fix your problem, you could talk to an Official Visitor.
- Official Visitors visit jails regularly.
- You can complain to them when they visit your jail or by writing to them at
PO Box 85 Marrickville NSW 2145. - If this doesn’t fix your problem, you can complain to the NSW Ombudsman.
- You can call the NSW Ombudsman by entering your MIN, PIN, #2 and then #8 or you can write to them at
Level 24, 580 George Sydney NSW 2000. - You can write to the NSW Ombudsman in any language. Corrective Services will pay for the postage.
- Letters to and from the NSW Ombudsman are confidential and can’t be opened by the jail.
- If you are having a health care problem, you can talk to the Nurse Unit Manager (NUM).
- If this doesn’t fix your problem, you can call the Justice Health Patient Inquiry Line by entering your MIN, your PIN, #2 and then #5.
- If this doesn’t fix your problem, you can send a complaint to the CEO of Justice at PO Box 150 Matraville NSW 2036.
- If you are at Junee or Clarence jail, you should complain to the governor or general manager.
Disclaimer
The information provided on this website is provided for general information only and should not be relied on as legal advice or take the place of advice given by a qualified solicitor. The information is accurate at the time of publication but may be out of date if laws have changed since publication. No responsibility is take for any loss suffered as a result of the information given.
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