Australia Law

Have Australian law questions? Ask a lawyer now.

Ask a Lawyer,
Get an Answer ASAP!

This answer was rated:

I don't know if you can,but here goes. I want to know if…

I don't know if...

I don't know if you can,but here goes. I want to know if it's possible to sue a correctional centre for injuries my son received whilst in prison. My son passed away after release but not believed to be connected to the injuries.

Lawyer's Assistant: What state are you in? It matters because laws vary by location.

Qld

Lawyer's Assistant: What steps have you taken so far?

I have obtained the records from the prison,which I have not yet read.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Don't think so

Show More
Show Less
Ask Your Own Australia Law Question
Answered in 3 minutes by:
3/21/2018
Leon
Leon, Solicitor
Category: Australia Law
Satisfied Customers: 46,704
Experience: BEc Dip Ed, Dip Law (SAB) MTax (UNSW)
Verified

Hi, I am Leon, a NSW Solicitor. I am reviewing your question and will reply again in a moment.

Ask Your Own Australia Law Question
Customer reply replied 3 months ago
Thank u. Also apart from the injuries there is the situation where drugs are being dealt to prisoners with guards involved. I have bank slips for money paid into accounts for the drugs my son accessed inside.I believe my son's injuries were as a result of non payment for drugs.

Good Afternoon,

the following link provides details of what must be done to determine the cause of death.

https://queenslandlawhandbook.org.au/the-queensland-law-handbook/offenders-and-victims/prisons-and-prisoners/deaths-in-custody/

If it is found that they have reached their duty of care and as a result caused your son's death then you may have a wrongful death claim that you can make.

Here a link in relation to those types of clients.

https://queenslandlawhandbook.org.au/the-queensland-law-handbook/health-and-wellbeing/accidents-and-injury/claims-by-dependants-of-a-person-killed/

It is not a simple matter and if it is found that the correctional facility and guards were responsible for his death you will need to then get the assistance of a solicitor the practices in this area of law to commence proceedings.

The Law Society of Queensland and provide you with a referral to a solicitor the practices in compensation for wrongful death.

Their website is as follows

https://www.qls.com.au/Home

If you wish to have a phone call to discuss this in more detail please elect a call or I can send you a request.

I hope this makes sense and is of assistance. If you have found my answer to be helpful, please rate me five stars so I can get paid for my services to you. You rating my work 5 stars allows me to continue to provide a service to those who require it.

I am happy for you to ask further questions on anything you wish more detail on.

Let me know if I have answered your question today.

Regards

Leon

Ask Your Own Australia Law Question
Customer reply replied 3 months ago
I don't have a cause of death as the matter is with the coroner. I don't think there's a connection,my son died 6 days after release. The injuries were about 1-2 months prior. It was another prisoner who attacked him,a guard broke up the fight. But I think they have failed in duty of care to protect not just my son but any prisoner from such brutality.

Good afternoon,

if they were aware that your son was in danger and failed to move him or do anything to protect him then you may have an action.

But you're going to have to show that this was an issue.

Once the coroner's report is out then you will need to speak to the political and ascertain whether or not they believe there is enough evidence to mount a case against the correctional services department

I hope this makes sense and is of assistance.

Regards,

Leon

Ask Your Own Australia Law Question
Customer reply replied 3 months ago
What do you mean political? I have no way of knowing if they knew he was in danger or failed to move him,and I don't know how to get that information.He told me if he didn't pay he would be killed,and after release told me if the guard hadn't come along and broke it up he would of been killed. The injuries and cause of death are two separate issues. I am just trying to find out what if anything I can do. It is a complex issue,so much going on inside prisons that needs to be bought to light.

Good Afternoon

My apology it was an autocorrect and I did not notice it.

It was mean to say Solicitor not political.

The findings of the coroner should be provided to the solicitor together with all the other evidence you have to show that there has been a breach of duty of care and that they were at fault for your son's wrongful death.

Ask Your Own Australia Law Question
Customer reply replied 3 months ago
The prison isn't responsible for his death,but for the injuries he received whilst in there. The coroners report will tell us,hopefully,what caused his death,then I will follow that up. I am only trying to ascertain if I can do anything about what happened to him while in prison. I should have contacted the prison and told them what said. Should I contact them now about it ?

Good Afternoon,

You should report what he has told you to the authorities.

You should also contact the Minister for correctional services in Queensland.

Also notify the opposition minister so that they can put pressure on the current government to make changes in the way that the prison's work.

But all of this is important in any case for wrongful death as well.

I hope this is clear and make sense.

Ask Your Own Australia Law Question
Customer reply replied 3 months ago
Thank you for your assistance.

Good Afternoon

You are very welcome and all the best.

If there is nothing further please do not forget to rate my work 5 stars so I can be paid and continue providing the service I do.

Regards

Leon

Leon
Leon, Solicitor
Category: Australia Law
Satisfied Customers: 46,704
Experience: BEc Dip Ed, Dip Law (SAB) MTax (UNSW)
Verified
Leon and 87 other Australia Law Specialists are ready to help you
Ask your own question now
Was this answer helpful?

How JustAnswer works

step-image
Describe your issueThe assistant will guide you
step-image
Chat 1:1 with a solicitorLicensed Experts are available 24/7
step-image
100% satisfaction guaranteeGet all the answers you need
Ask Leon Your Own Question
Leon
Leon
Leon, Solicitor
Category: Australia Law
Satisfied Customers: 46,704
46,704 Satisfied Customers
Experience: BEc Dip Ed, Dip Law (SAB) MTax (UNSW)

Leon is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help.

Mary C.Freshfield, Liverpool, UK

< Previous | Next >

Meet the Experts:

Deborah Awyzio

Deborah Awyzio

Solicitor

863 satisfied customers

Bachelor of Laws (QUT), BIT (QUT), Family Law Accredited Specialist, over 12 years experience

Sean

Sean

Experienced lawyer

855 satisfied customers

Law degree with 1st class honours from Australian National University.

James G.

James G.

Lawyer

17 satisfied customers

Australian Legal Practitioner

Darren Kruse

Darren Kruse

Solicitor

16 satisfied customers

Practising in in Personal Injury, Workcover, Civil Disputes, Family, Wills and Estates and Criminal law.

Leon

Leon

Solicitor

46,704 satisfied customers

BEc Dip Ed, Dip Law (SAB) MTax (UNSW)

Daniel

Daniel

Solicitor

5,940 satisfied customers

Bachelor of Laws (dist) Graduate Diploma in Legal Practise. Admitted NSW Supreme Court / High Court

John Melis

John Melis

Lawyer

3,106 satisfied customers

Principal Lawyer at Legal AU Pty Ltd

< Previous | Next >

Related Australia Law Questions
My son and I were involved in a car accident with a second
My son and I were involved in a car accident with a second party running into us. My son is 19 and a Learner driver who stalled his car turning right. Today we have just been told he is at fault and h… read more
Leon
Leon
Solicitor
46,704 satisfied customers
I want some help and it is a story but here I go. I have
I want some help and it is a long story but here I go. I have just started working as a cleaner casual at StIves in Goodna Qld. A friend of mine said that she had a job there as well. So I put up on f… read more
John Melis
John Melis
Lawyer
Diploma In Law
3,106 satisfied customers
I would like to apply a legal aid for my nephew. He is in
Hi i would like to apply a legal aid for my nephew. He is in correctional central prison in Brisbane … read more
John Melis
John Melis
Lawyer
Diploma In Law
3,106 satisfied customers
If my partner was convicted with a sentence of 6 years but
If my partner was convicted with a sentence of 6 years but was actually released after 19mths (convicted in 2007 Qld) would his conviction now by deemed Spent? … read more
John Melis
John Melis
Lawyer
Diploma In Law
3,106 satisfied customers
Father-in-law passed away in Qld. My partner was a
Hi. Father-in-law passed away in Qld. My partner was a beneficiary, his sister the Executor. Father-in -law lived in both NSW and Qld, so not sure where Will was 'registered' when probate given to Exe… read more
Leon
Leon
Solicitor
46,704 satisfied customers
I'm about to leave a defacto relationship. I have children
I'm about to leave a defacto relationship. I have children he doesn't. Living together almost 3 years together almost 5years. We are buying a house together and I haven't left the house as yet. My par… read more
James D. Ford
James D. Ford
Lawyer
1,600 satisfied customers
The Constitution provides that a subject of the crown in one
The Constitution provides that a subject of the crown in one state shall not subject to any disadvantage or discrimination if they are a subject of the crown in another state. It also provides that th… read more
James D. Ford
James D. Ford
Lawyer
1,600 satisfied customers
dear lawyer, recently i have been charged with enter dwelling
dear lawyer, recently i have been charged with enter dwelling with intent, and assaults occasioning bodily harm whilst armed in company. no serious injury, it happened in queensland state, and it is m… read more
Leon
Leon
Solicitor
46,704 satisfied customers
I have 2 children who just turned 1 and 2, the mother and i
I have 2 children who just turned 1 and 2, the mother and i have lived together to share custody since birth but not in a relationship as she cheated before the birth of the 2 year old and we were bot… read more
Leon
Leon
Solicitor
46,704 satisfied customers
if a person is in prison and someone presses charges does that
if a person is in prison and someone presses charges does that person know of the charges whilst in prison or does no one tell them until they are due to be released. i wrote 2 letters to the commissi… read more
Leon
Leon
Solicitor
46,704 satisfied customers
how do i find out when a offender is being released to be extradited
how do i find out when a offender is being released to be extradited to answer charges from me so i can write to the parole board and stop the offender from being released out on bail. the offender is… read more
Alex
Alex
Lawyer & Solicitor
Master
11,225 satisfied customers
My son is presently in a nsw correctional centre (drug charges,
My son is presently in a nsw correctional centre (drug charges, has been in jail since 12th July 2008). On the 26th October, this year, he went to court and the Judge stated he was to be released on t… read more
Alex
Alex
Lawyer & Solicitor
Master
11,225 satisfied customers
My friend is on a disability pension & because of her income
My friend is on a disability pension & because of her income she is ineligible for a loan & because of her asset value cannot access Legal Aid. She is facing a criminal charge which I believe she has … read more
Leon
Leon
Solicitor
46,704 satisfied customers
hey i am on parole till sept court ordered have just had fresh
hey i am on parole till sept court ordered have just had fresh charges of disqualified driving unlawful use of motor vehicle an a pipe in qld was wondering cause im on parole will i get breached at co… read more
D. Coleman
D. Coleman
Solicitor
Bachelor\u0027s Degree
795 satisfied customers
Hi, i would just like to know how to go about getting the court
Hi, i would just like to know how to go about getting the court orders updated I have here since 2003. I would like a couple of the orders changed. Regards Cindy Davis… read more
Leon
Leon
Solicitor
46,704 satisfied customers
My 19yo son was sentenced to 6 months jail on the 23/04/09,
My 19yo son was sentenced to 6 months jail on the 23/04/09, with a non parole period of 1 month. The charges stem from excessive force and vindictation from the QLD police dept, to the point that the … read more
D. Coleman
D. Coleman
Solicitor
Bachelor\u0027s Degree
795 satisfied customers
I would please like to know if my sons ex can keep moving further
I would please like to know if my sons ex can keep moving further and further away. To explain briefly, my so have been seperated for just over 3 years with 2 boys one now 6 and the other 4. She has t… read more
Deborah Awyzio
Deborah Awyzio
Solicitor
Bachelor's Degree
863 satisfied customers
there has been a new legislation in july for retailers that
there has been a new legislation in july for retailers that they are now to trade on New Years day in Australia? is this correct? I am in Sydney and have received a memo from the shopping centre that … read more
D. Coleman
D. Coleman
Solicitor
Bachelor\u0027s Degree
795 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x