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Importance of administrative transparency in the correctional context : knowing the rules

journal contribution
posted on 2005-05-01, 00:00 authored by R Edney
As a class, prisoners are vulnerable to numerous privations while in custody. In particular, prisoners are at a distinct disadvantage in terms of being able to control the central features of their daily lives. The lives of prisoners are circumscribed by numerous rules and regulations and their administration by correctional administrators. It is important that prisoners are aware of the content of the rules that govern their existence and the precise basis upon which power is exercised over them. In a recent freedom of information application in Victoria, a prisoner sought a personal copy of the rules that would govern his life in that particular institution. The prison authorities refused that request. The prisoner then appealed that decision to the Victorian Civil and Administrative Tribunal and was unsuccessful. It is contended that the analysis used in that case was flawed through the misreading of the nature of correctional environment and the fundamental importance of transparency in such a context.

History

Journal

Australian journal of administrative law

Volume

12

Issue

3

Pagination

163 - 174

Publisher

Lawbook Co

Location

North Ryde, N.S.W.

ISSN

1320-7105

Language

eng

Publication classification

C1 Refereed article in a scholarly journal

Copyright notice

2005, Lawbook Co

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