47Prisoners rights

47 Prisoners rights (1) Every prisoner has the following rights— (a) if not ordinarily engaged in outdoor work, the right to be in the open air for at least an hour each day, if the weather permits; (b) the right to be provided with food that is adequate to maintain the health and well‑being of the prisoner; (c) the right to be provided with special dietary food where the Governor is satisfied that such food is necessary for medical reasons or on account of the prisoner's religious beliefs or because the prisoner is a vegetarian; (d) the right to be provided with clothing that is suitable for the climate and for any work which the prisoner is required to do and adequate to maintain the health of the prisoner; (e) if not serving a sentence of imprisonment, the right to wear suitable clothing owned by the prisoner; S. 47(1)(f) amended by Nos 23/1994 s. 118(Sch. 1 item 14.4), 10/2013 s. 17(1). (f) the right to have access to reasonable medical care and treatment necessary for the preservation of health including, with the approval of the principal medical officer but at the prisoner's own expense, a private registered medical practitioner, dentist, physiotherapist or chiropractor chosen by the prisoner; (g) if intellectually disabled or mentally ill, the right to have reasonable access within the prison or, with the Governor's approval outside a prison to such special care and treatment as the medical officer considers necessary or desirable in the circumstances; (h) the right to have access to reasonable dental treatment necessary for the preservation of dental health; (i) the right to practise a religion of the prisoner's choice and, if consistent with prison security and good prison management to join with other prisoners in practising that religion and to possess such articles as are necessary for the practice of that religion; S. 47(1)(j) amended by No. 45/1996 s. 17(Sch. 1 item 31), substituted by No. 45/2001 s. 32(a), amended by Nos 10/2013 s. 17(2), 22/2016 s. 165(a). (j) the right to make complaints concerning prison management to the Minister, the Secretary, the Commissioner, the Governor, an independent prison visitor, the Ombudsman, the Health Complaints Commissioner and the Human Rights Commissioner; (k) the right to receive at least one visit which is to last at least half an hour in each week under section 37; (l) the right to be classified under a classification system established in accordance with the regulations as soon as possible after being sentenced and to have that classification reviewed annually; S. 47(1)(m) substituted by No. 45/2001 s. 32(b), amended by No. 45/2019 s. 21. (m) subject to sections 47A and 47B, the right to send letters and parcels to, and receive letters and parcels from, the following people without those letters and parcels being opened by prison staff— S. 47(1)(m)(i) amended by No. 10/2013 s. 17(3). (i) the Minister, the Secretary, the Commissioner or an independent prison visitor; (ii) a member of Parliament; S. 47(1)(m)(iii) amended by No. 18/2005 s. 18(Sch. 1 item 22.3). (iii) a lawyer representing the prisoner, or from whom the prisoner is seeking legal advice; (iv) the Ombudsman; S. 47(1)(m)(v) amended by No. 22/2016 s. 165(b). (v) the Health Complaints Commissioner; (vi) the Human Rights Commissioner; S. 47(1)(m)(vii) substituted by No. 41/2015 s. 14(1), amended by No. 38/2017 s. 78. (vii) the Independent Broad-based Anti‑corruption Commission established under section 12 of the **Independent Broad-based Anti‑corruption Commission Act 2011**; (m)(viii) inserted by No. 41/2015 s. 14(1), amended by No. 31/2024 s. 113(Sch. 1 item 4.1). (viii) Integrity Oversight Victoria established under section 8 of the **Integrity Oversight Victoria Act 2011**; S. 47(1)(m)(ix) inserted by No. 41/2015 s. 14(1). (ix) the Victorian Legal Services Commissioner appointed under section 51 of the **Legal Profession Uniform Law Application Act 2014**; S. 47(1)(m)(x) inserted by No. 41/2015 s. 14(1), substituted by No. 20/2017 s. 134(Sch. 1 item 4.1(a)). (x) the Information Commissioner appointed under section 6C of the **Freedom of Information Act 1982**; S. 47(1)(m)(xi) inserted by No. 41/2015 s. 14(1), amended by No. 39/2022 s. 803 (as amended by No. 20/2023 s. 49(3)). (xi) the Mental Health and Wellbeing Commission established by section 411 of the **Mental Health and Wellbeing Act 2022**; S. 47(1)(m)(xii) inserted by No. 41/2015 s. 14(1), repealed by No. 20/2017 s. 134(Sch. 1 item 4.1(b)). (m)(xiii) inserted by No. 41/2015 s. 14(1). (xiii) the Victorian Equal Opportunity and Human Rights Commission continued in existence by section 154 of the **Equal Opportunity Act 2010**; (m)(xiv) inserted by No. 41/2015 s. 14(1), amended by No. 20/2017 s. 134(Sch. 1 item 4.1(c)). (xiv) any person authorised to act on behalf of a person or body listed in paragraph (iv), (v), (vi), (vii), (viii), (ix), (x), (xi) or (xiii); S. 47(1)(m)(xv) inserted by No. 41/2015 s. 14(1). (xv) a person or body prescribed by the regulations; S. 47(1)(n) amended by No. 16/1991 s. 10(1), substituted by No. 45/2001 s. 32(b), amended by No. 45/2019 s. 21. (n) subject to section 47D, the right to send and receive other letters and parcels uncensored by prison staff; (o) the right to take part in educational programmes in the prison. (2) A prisoner's rights under this section are additional to, and do not affect any other rights which a prisoner has under an Act other than this Act or at common law. S. 47(3) inserted by No. 15/1989 s. 29, amended by No. 37/2014 s. 10(Sch. item 32.8), substituted by No. 41/2015 s. 14(2). (3) Subsection (1)(m) does not prevent the opening of letters in accordance with— (a) section 28(3) of the **Ombudsman Act 1973**; or S. 47(3)(b) amended by No. 38/2017 s. 78. (b) section 54(6) of the **Independent Broad‑based Anti-corruption Commission Act 2011**; or S. 47(3)(c) amended by No. 31/2024 s. 113(Sch. 1 item 4.2). (c) section 92A(6) of the **Integrity Oversight Victoria Act 2011**. S. 47(4) inserted by No. 16/1991 s. 10(2), repealed by No. 45/2001 s. 32(c). Pt 6 Div. 4A (Heading and s. 47AA) inserted by No. 53/2007 s. 16, amended by No. 45/2019 s. 22.