Damon Mcknight
If you want to find out if someone is in custody in Australia, you can contact the relevant prison or detention centre directly. The amount of time someone can be held in custody differs between jurisdictions in Australia, and the process for locating a prisoner varies depending on the state. For example, in Western Australia, you can complete an online enquiry form or call the Department's Information Release team. In New South Wales, you can contact the Corrective Services NSW Inmate Location Line or email them. Family members can also contact the prisoner enquiry phone line or the State's Department of Corrective Services.
| Characteristics | Values |
|---|---|
| Who can find out if someone is in custody? | Family members, friends, community members, government or non-government agencies/service providers |
| How to find out if someone is in custody? | Contact the prisoner enquiry phone line or the State's Department of Corrective Services |
| What information is needed? | Name, date of birth, Master Index Number (MIN) of the inmate |
| What are the visiting hours? | 8:30 am to 4:30 pm, Monday to Friday (excluding public holidays) |
| What are the requirements for visiting? | Be on the prisoner's visitor's list, have the correct form of identification, follow prison rules regarding prohibited items |
| Can a lawyer be contacted? | Yes, a lawyer can be contacted via phone call, or a legal practitioner can be recommended by the state. |
| What are the rights of the person in custody? | Right to contact a lawyer, relative, or friend (with access to an interpreter if needed), right to medical treatment, right to be released from custody as soon as practical if not under arrest |
| How long can someone be held in custody? | Differs by state and the suspected offence; in Queensland, up to 8 hours (extendable to 12 hours) for serious offences, and in New South Wales, up to 4 hours (extendable to 8 hours) except for suspected terrorism offences, which can be up to 14 days without charge |
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What You'll Learn
Custody time limits
In Australia, the amount of time a person can be held in police custody differs between jurisdictions. For example, 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, the police can apply to a magistrate to extend this period to 12 hours. In New South Wales, the police may hold an individual for up to 4 hours, except when suspected of a terrorism offence, in which case the time period can be extended to 8 hours. If an individual is suspected of committing or planning to commit a terrorism offence, the police may hold them for up to 14 days without charge under the Terrorism (Police Powers) Act 2002 (NSW).
It is important to note that the 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. 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.
In terms of child custody laws in Australia, the Family Law Act 1975 outlines that child custody considers the child's best interests, and parents have responsibilities towards their child rather than rights. The Act is gender-neutral, meaning there is no presumption about parenting roles. Child custody is referred to as 'parental responsibility' by law. The presumption is that both parents will share equal responsibility in caring for the child and making decisions about their upbringing, education, and welfare. However, this presumption will cease to exist from 6 May 2024, and courts will make orders for parental responsibility based on the child's best interests.
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Contacting the police
If you are trying to find out whether someone is in police custody in Australia, you can contact the police. The amount of time someone can be held in custody differs between jurisdictions, and police do not have unlimited power to hold someone in custody.
If you are a relative or friend seeking the current location of an inmate, you can contact the Corrective Services NSW Inmate Location Line on (02) 8346 1000 or by email at [email protected] between 8.30 am and 4.30 pm, Monday to Friday (excluding public holidays). You must confirm your identity and provide the name and date of birth or name and Master Index Number (MIN) of the inmate.
Alternatively, you can contact the prisoner enquiry phone line or your State's Department of Corrective Services to find out where a family member is being held. This differs between states, and you may be able to call the Correctional Centre directly to organise a time and be placed on an approved call list.
If you are a lawyer or police officer, you may be able to arrange a visit with a prisoner. If a prisoner wishes to be privately represented, they must organise and pay for a lawyer. Prisoners may also contact LegalAid if they cannot afford a lawyer, and the State Government is required to provide lawyers for prisoners who cannot arrange one for themselves.
If you are visiting a prisoner, make sure you are on the prisoner's visitor list (you cannot visit if you are not on the list) and have the correct form of identification. 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, and do not take any prohibited items into a prison.
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Arranging a prison visit
To arrange a prison visit in Australia, there are a few important steps to follow. Firstly, ensure that you are on the prisoner's visitor list, as visits are restricted to those on this list. Each prison has a different allowance for the number of people who can visit, and there are strict rules regarding the number of visits and their duration. Usually, prisoners are allowed an hour of visiting time each week, in addition to time with their lawyer.
Secondly, it is important to have the correct form of identification ready for your visit. The specific type of ID required may vary, so it is advisable to check with the correctional centre beforehand. Some facilities may require photocopies of your ID, signed by an authorised person such as a Justice of the Peace or Commissioner for Declarations.
Thirdly, familiarise yourself with the rules and regulations of the specific prison you are visiting. This includes understanding the dress code and any restrictions on items you can bring. For example, in Queensland, all corrective services facilities are tobacco and smoke-free, and there are strict rules regarding clothing with gang-related insignias or derogatory slogans.
Additionally, be mindful of the application process for visits. In Queensland, for instance, you need to complete a personal visitor application (Form 27) and return it to the correctional centre. The application process may vary depending on the state and the type of visit, such as contact, non-contact, or virtual visits.
Finally, for legal professionals visiting their clients, ensure that the visit is pre-arranged with the prison authorities. While there may be restrictions on visits from family and friends, legal visits typically have more flexibility in terms of duration and frequency.
It is worth noting that family members can contact the prisoner enquiry hotline or their respective state's Department of Corrective Services to find out where their loved one is being held. This can be a starting point for arranging a visit, as you can then contact the correctional centre directly to organise a suitable time for your visit.
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Prisoner location lines
If you are looking to find out whether someone is in custody in Australia, there are a few options available to you. The best course of action depends on your relationship with the prisoner and the state in which they are being held.
In New South Wales, you can contact the Corrective Services NSW Inmate Location Line on (02) 8346 1000, or by email at [email protected]. The phone line is open Monday to Friday, 8.30 am to 4.30 pm, excluding public holidays. You must confirm your identity and provide the name and date of birth, or name and Master Index Number (MIN) of the inmate.
If you are a relative or friend of the prisoner, you can also contact the Correctional Centre directly to organise a time to visit and be placed on an approved call list. Prisoners will be given a specific time when they can call people on their list.
Other options
If the prisoner is being held in Queensland, the amount of time they can be detained for questioning about a serious offence without charge is up to 8 hours, or 12 hours if a magistrate extends this period. If you are on the prisoner's visitor list, you can arrange a visit by following the relevant procedures and taking the correct form of identification.
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Bail conditions
Bail is a written promise or undertaking to return to court. It is an agreement that you will attend court if you have been charged with one or more offences. This agreement means that you won't be held in custody while the matter is in court. It may have one or more conditions that you must follow.
- You have to go to court on the date you are told to.
- You can’t break the law. No matter how small the offence, you could end up in prison.
Other conditions may include:
- Finding someone you know with enough money or property who is willing to guarantee that you will go to court in the future ('a surety').
- A security requirement, which is when you or another person provides money or security as a guarantee that you will attend court.
If you are unsure about your bail conditions, you should get legal advice.
Applying for bail
You can apply for bail if you are a defendant and want to be released from custody while waiting for all charges to be dealt with. If the police do not grant bail at the police station, they must bring you before a magistrate within a reasonable time, and you may make an application for bail at that time or later before the hearing of your case. If you are refused bail, you can apply again later.
Breaking bail conditions
If you do not follow your bail conditions, the police may fine or charge you. They can also ask the court to cancel your bail and return you to custody.
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Frequently asked questions
You can contact the prisoner enquiry phone line or the relevant State’s Department of Corrective Services. You will need to provide the name and date of birth or name and Master Index Number (MIN) of the inmate.
This depends on the jurisdiction. In Queensland, individuals can be detained for up to 8 hours without charge, which can be extended to 12 hours with permission. In New South Wales, the maximum is 4 hours, except in cases of suspected terrorism, where it is 14 days.
Those in custody have the right to contact a lawyer, relative or friend, and access to an interpreter. They also have the right to request medical treatment and first aid.
Yes, but you must be on the prisoner's visitor list and have the correct form of identification. You should also check what times you are allowed to visit and whether there are any rules for visitors.
Yes, but you will need to be on their approved call list.
