Prisoners’ Legal Service
Financial Counselling Program
Managing Money Matters
Money Trouble?
YOU ALWAYS HAVE OPTIONS!
48
Contact Details
Housing and Homelessness Services
Central Office
GPO Box 690
Brisbane QLD 4001
Insolvency and Trustee
Service Australia
GPO Box 1550
Adelaide SA 5001
Public Trustee of QLD
GPO Box 1449
Brisbane QLD 4001
Tenants Union of QLD
95 Robertson Street
Fortitude Valley QLD 4006
TICA
PO Box 120
Concord NSW 2137
Veda Advantage Public
Access
PO Box 964
North Sydney NSW 2059
Prisoners’ Legal Service
*On the Prisoner Telephone
System (ARUNTA)
PO Box 5162
West End QLD 4101
Date of publication: October 2011
Written, compiled and edited by Jessica Walker, with assistance from
Tukie Balanzategui.
Special thanks go to staff at Prisoners‘ Legal Service (PLS), Dave Martin
from Catholic Prison Ministry (CPM), Steph Clark and the artists Jody
and Aidan.
SPER
*On the Prisoner Telephone
System (ARUNTA)
GPO Box 1387
Brisbane QLD 4001
PO Box 5162
West End, 4101
Ph: (07) 3846 5074
Fax: (07) 3844 2703
Telecommunications Industry Ombudsman
PO Box 276,
Collins Street West, VIC
8007
2
47
Contact Details
Australian Tax Office
(general enquiries)
GPO Box 9990
Brisbane QLD 4001
Australian Tax Office
(Super enquiries)
PO Box 3578
Albury NSW 2640
Centrelink
Reply Paid 7800
Canberra BC
ACT 2610
Contents
Introduction
Financial Counsellors
Prisoners’ Trust Accounts
SPER
Child Support
Centrelink
Loans/Credit
Your Credit File
Bankruptcy
Power of Attorney
Authority to Act
The Public Trustee
Tenancy Matters
Department of Human
Services - ERSB Branch
PO Box 1001
Tuggeranong DC ACT
2901
Energy Ombudsman Qld
PO Box 3640
South Brisbane QLD 4101
Financial Ombudsman
Service
GPO Box 3
Melbourne VIC 3001
Private Rentals
Child Support Agency
*On the Prisoner Telephone
System (ARUNTA)
PO Box 9815
Melbourne VIC 3001
Housing and Homelessness Services
Tenancy Databases (e.g. TICA)
Superannuation
Tax
Sample Letters
Credit Ombudsman Service Limited
Case Management Team
C-/Credit Ombudsman Service
PO Box A252
Sydney South NSW 1235
Request to your bank about your account/s
Request hardship variation to loan/credit card
Request for a copy of your credit file
Nominate an Authority to Act
Request access to personal info from TICA
Contact Details
46
5
7
8
10
13
15
16
20
22
24
26
27
29
29
31
32
33
36
39
41
42
43
44
45
46
3
Request access to personal info from TICA
(Sample Letter)
<Date>
TICA
PO Box 120
CONCORD NSW 2137
Dear Sir/Madam,
RE: ACCESS TO PERSONAL INFORMATION
I have enclosed a stamped self-addressed envelope (and a bank cheque/
money order for *$14.30) as required.
Please provide a copy of all personal information relating to myself that you
have on record. I provide the following details as required.
Full Name:
Date of Birth:
Driver’s Licence/18+ Card/Passport Number:
Current Residential Address:
Previous Residential Address:
Yours sincerely,
Signed: <sign name>
*IMPORTANT NOTE: This cost is correct at time of publication but may
be subject to change. Please check this before sending any money.
Alternatively, you can send TICA the same request with a stamped selfaddressed envelope without sending any money and they will send you an
invoice requesting payment before they post you a copy of your file.
4
45
Introduction
Authority to Act
(Sample Letter)
AUTHORISATION TO SEEK ACCESS TO FINANCIAL
INFORMATION
SECTION 93 UNDER THE PRIVACY ACT 1988
The purpose of this booklet is to briefly outline some of the financial issues you may be confronted with while in prison and to provide information about some of your options. It is not intended to
give all the answers to every possible situation, as everybody has
different circumstances and different issues to consider.
I, <insert your name> ,
Date of Birth: <insert your date of birth>
Authorise <insert name of representative> to act on my behalf to obtain or divulge information and assist in making arrangements concerning my account/s
with: <insert name of bank/credit provider/service provider/super fund> in relation to account number/s: <account number or if unknown, write “all accounts
held”>
This booklet is a starting point.
More detailed information can be obtained by contacting the relevant agencies. See the contact details listed at the back of this
booklet. You can speak to a financial counsellor if you would like
to talk about your own circumstances and what options may be
available to you. Prisoners‘ Legal Service has a financial counselling program accessible to all prisoners, and their families, in
Queensland.
(the below paragraph is optional and may be useful if you need your rep to make
changes on your behalf)
I also authorise my representative to be granted full maintenance access to my
account/s in order to update details, make changes/requests and/or receive correspondence/documentation on my behalf.
I request that you deal solely with my representative and not contact me directly
in relation to the account/s.
I understand this authorisation remains in force until the matter which is the subject of the enquiry is resolved or until I otherwise revoke this authority.
Name: <print name>
Signed :<sign name>
Dated: <today‟s date>
Representative Name: <insert name of representative>
Date of Birth: <insert representative date of birth>
Address/Phone number: <insert representative contact details>
Representative signature: <representative signature>
Dated: <insert date, make sure it matches the date signed above>
You ALWAYS have options!!!
This publication was made possible by a grant from the Department of Families, Housing, Community Services and Indigenous Affairs.
Every effort has been made to ensure the information contained in this booklet
is accurate and current at the time of writing October - 2011. No responsibility however will be taken for the accuracy or reliability of the information, or
for any loss, which may arise from errors, omissions, or changes to government policy or the law.
Note: The authorised person must provide enough information (usually 3 items)
to be able to identify them for security checking/privacy purposes.
This form can be used for most companies/organisations e.g. banks, credit providers, utility providers (gas, electricity etc.), and super funds.
44
5
Request a copy of your Credit File
(Sample Letter)
<Date>
Veda Advantage Limited
Public Access Division
PO Box 964
NORTH SYDNEY NSW 2059
Dear Sir/Madam
Please provide a free copy of my Credit Information file. Please send this to
me at the following address: <insert prison postal address>
The following details are provided as required: (provide as much information as possible)
Full Name: <your name>
Current Residential Address: <current or most recent address>
Previous Residential Address: <previous address>
Date of Birth: <your date of birth>
Driver Licence/Proof of Age Card No: (if unsure write unable to confirm)
My Most Recent Employer: (if known)
Organisation to which I last Applied for Credit: (if known)
Yours sincerely,
Name:
Signature:
Note: When you receive a copy of your credit file check it carefully to ensure that everything in the report is correct.
Also, your credit file report may show all credit you have applied for, even if
you were not successful or you declined the offer.
6
43
Request a hardship variation for a loan or
credit card
Financial Counsellors
(Sample Letter)
<Date>
What is a financial counsellor?
Financial Hardship Team
<Name and Address of Credit Provider—ask a counsellor to look this up for you>
A financial counsellor is a person you can talk to
about your financial situation. They often work in
community organisations and offer a confidential,
independent and free service.
Dear Sir/Madam
They can work through your financial issues with
you and provide you information about your
rights, your responsibilities and possible options.
They can also assist with organising your finances
and with budgeting. In addition, financial counsellors are able to negotiate or advocate on your behalf if appropriate.
REQUEST FOR HARDSHIP VARIATION
Full Name: <your name>
Date of Birth: <your date of birth>
Loan Contract Number/Credit Card Number: <insert number>
Previous Address: <address the credit provider would have on record>
I wish to inform you of a change in my circumstances which is causing me financial hardship, and to request a hardship variation under Section 72 of the National
Credit Code.
Financial counsellors assist people who‘ve experienced a change in their circumstances and are struggling to make ends meet or can‘t repay their debts.
I am currently incarcerated at <insert name of prison> Correctional Centre with an
expected release date of <insert date>. My Prison ID number is <insert number>.
I have enclosed a copy of my Prison ID to confirm this.
.
Due to my present circumstances I am not able to earn any income, I have no assets or investments and I am not able to make repayments until I am released and
return to work. (If you have a job to go back to provide details and include any
other relevant information here).
 Help you learn skills to prioritise
and manage your money
 Provide you with information about
your rights and responsibilities regarding debt
I request a moratorium (hold) on repayments, interest, and fees and charges until at
least <insert date> to be reviewed again at that time.
Please advise me of the outcome or any further requirements in writing to the following address:
<your name>
c/- <……..> Correctional Centre
<insert prison postal address>
What can’t they do?
 Help with bankruptcy options
 Recommend products
 Make enquiries and negotiate/
advocate with creditors on your
behalf
 Tell you what to do
 Give you advice
 Help you deal with mortgage arrears and repossession issues
 Charge you money
If this request is refused please provide your reasons. Thank you for considering
my application.
 Give you legal advice
 Help you prepare tax returns
Yours Sincerely,
Name:
What can they do?
 Refer you to other support services
if appropriate
How much does it cost?
Signature:
Free! financial counselling is always free and confidential!!!
42
7
Prisoners’ Trust Accounts
Request to your bank about your account/s
(Sample Letter)
<Date>
<Name and Address of Bank>
My family want to put money into my trust account – how do
they do it?
To The Bank Manager,
If your family or friends are able to help you out
with a bit of money while you‘re in prison they
can put money into your trust account.
I am writing to advise you that I am currently incarcerated at <…….> Correctional Centre. I provide the following details:
They can not post you cash but they can organise a
money order made out to you (at Australia Post or
their bank) or a cheque.
Name of Account Holder: <your name>
Date of Birth: <your date of birth>
Previous Address:. <address the bank would have on record>
BSB and Account Number: (if unsure write „unknown/unable to confirm‟):
They can either post this to the prison, or give it to
the prison when they visit.
I have enclosed with this letter a certified copy of my identification (enclose a
certified copy of your prison ID or licence, or Medicare card)
Note: if they are visiting, they can hand over cash
(notes only, no coins) to the prison staff or some
prisons have a box in the visits area where they
can deposit cash.
Please (select from the following or clearly state your request):
 Provide me with my most recent account statement/transaction history
 Confirm the current balance of my account
 Cancel and reissue my keycard as it has been lost/stolen
 Process a withdrawal from my account for the amount of (state in words
and figures, for example <one hundred dollars and zero cents $100.00>) in
the form of a bank cheque made out to me, and mail to the address below
 Close my account as it is no longer required
Money Limits?
Deposits into your trust account must
be under $500 but a lot of prisons only
have a $100 limit
Can corrective services take money from my trust account?
Please post all correspondence/cheque(s) to me at the following address:
<Your Name>
c/- < ……> Correctional Centre
< insert prison postal address>
Yes. Apart from your normal purchases, for example; phone calls, buy up and
STP, or an escort for attending a funeral, there are other situations when the
prison is allowed to withdraw money from your account. These include:
 To pay for the cost of replacing or repairing damaged property only if you
have been convicted of the offence or breached for it
Please note that I am only able to communicate by mail and cannot receive
phone calls. If you need to contact the prison,the phone number is 07 ………….
 To pay for criminal injury compensation as determined under the Victims of
Crime Assistance Act 2009
Yours Sincerely,
All deductions that the prison take from your trust account should be supported
by documentation which has your signature and that of an ‗authorised officer
or process‘.
Name:
Signature:
Witness: (ask a Corrective Services Officer to witness)
8
41
Prisoners’ Trust Accounts
I had some money in a bank account before I went to prison, can I
get it put in to my trust account?
Possibly. Sometimes you can organise money to be transferred from your bank
account into your trust account. There are several ways you can do this. Here
are two possible options:
 Organise a Power of Attorney to act on your behalf (see the Power of Attorney section of this booklet p.24 for information on how to do this). Your
Power of Attorney will then be able to withdraw money from your account.
 If you don‘t have a Power of Attorney, it may be possible for the bank to
send you a bank cheque for the money you want to withdraw. To do this you
have to write to your branch and explain your situation (see below).
 Some prisons may have processes in place, speak to a counsellor at the prison
you are in.
Writing to your bank to request a withdrawal of your money
 Send your request in writing to the bank branch where you opened your
account (if you don‘t know the address ask a counsellor if they would be
able to look the address up for you)
 Handwrite the letter (it helps them verify that it is you)
 Give your full details; name, date of birth, account number
 Write the amount you want to withdraw both in letters and numbers e.g.
one hundred dollars only, $100.00
 Inform them you want to receive the money as a bank cheque made out to
you
 Provide your address so that they can send the reply and cheque to you
 Sign and date the letter (they have a copy of your signature from when you
opened your account, so it is important that you use your normal signature)
 Get your letter witnessed by a prison officer or counsellor
 Provide the prison‘s phone number so that the bank can confirm you are at
the prison
A sample letter requesting a withdrawal from your account
can be found at the back of this booklet
40
9
SPER
Sample Letters
What is SPER?
The State Penalties Enforcement Registry (SPER) is the QLD Government
agency responsible for the collection and enforcement of unpaid infringement
notices and court ordered fines in QLD under the State Penalties Enforcement
Act 1999. Unpaid fines can be referred to SPER if you haven‘t paid them by
the due date. Types of fines which might get sent to SPER include:
Sample Letters
 Speeding and parking fines
 Other on the spot fines
 Failure to vote fines
 Court ordered fines
 Recovery Notices issued by the
Offender Debt Recovery Program (Victims of Crime).
SPER debt keeps going up
because of interest
Fines sent to SPER do not
accrue interest. A late fee
may be charged prior to the
fine being sent to SPER.
When some fines are sent to
SPER a one off admin fee of
$53 is charged which increases the debt.
What happens to my SPER fine
while I am in prison?
SPER are not automatically notified
when you go to prison so they still expect you to pay the fine. If you don‘t
tell them you have gone to prison, they
will assume that you are not paying or
‗non-compliant‘.
As a result SPER may take Enforcement
Action. Enforcement Action is aimed at
forcing you to pay in order to recover
the money and to penalise you if you
don‘t. If you are put on an enforcement
order, an additional fee for not paying
can be charged (so your debt can get
even bigger)
10
39
Tax
SPER
I don’t know my TFN, how can I find out what is it?
What is Enforcement Action?
(i.e. what can SPER do to
collect on my debt?)
If you are not sure if you have a TFN or can‘t remember it, there are a couple
of ways to find out what it is.
If you have a family member or a friend who have access to your documents,
such as your PAYG statements received at the end of the financial year from
your previous employers or from Centrelink, your TFN will be written on
those documents
 Suspend your driver‘s licence
 Take money directly from
your bank account or wages
 Issue a warrant to obtain details of your income and assets
You can write to the Australian Tax Office and request your TFN. Before they
release your private information they want to make sure that it is actually you
requesting the information. When you write to them requesting your TFN,
provide as many details as possible including:







Full name,
Date of birth
Place of birth
Current contact details (prison address)
Last address
Last place of employment
Sign and date the letter
 Seize and sell your property
or vehicle
 Issue a warrant for your arrest or apprehend you if you
are interstate
Australian Tax Office
GPO Box 9990
Brisbane, 4001.
How can I stop SPER from
taking Enforcement Action
while I am in prison?
CASE STUDY: Mr X
Mr X went to prison for 18mths but
didn‘t contact SPER about his fine
repayments.
When Mr X got home he jumped in
his car to head over to his mates place
and on the way was pulled over for an
RBT. When checking his licence, the
police told him it had been suspended. This was a result of SPER enforcement action as he hadn‘t told
them he was in prison or organised a
deferral of repayments.
Mr X was charged with unlicenced
driving and went back to court. He
got another fine and the conviction
breached his parole order.
Give them a call and let them know about your change in situation and ask them
for a deferral of your repayments. A deferral will suspend repayments and enforcement action. Deferrals are usually for between 3-6 months while you are in
prison and up to 28 days after your release.
A sample letter requesting your TFN can be found at the back of this booklet
What is a PAYG statement?
If your sentence is longer than this SPER will give you a date to call them again
and to update them on your situation (usually in about 6-12 months). When you
do this you can request another deferral. Also let them know if you move between prisons and your new address.
Pay As You Go (PAYG) Statement used to be called a ―Group Certificate‖. You
will be issued one of these by every employer you work for during a financial
year and from Centrelink if you were on benefits at any point during the financial
year. These are issued at the end of each financial year. They tell you how much
you earned from that employer and how much tax you paid.
How to contact SPER?
And what if I don’t have them?
SPER are on the Prisoner
Telephone System
(ARUNTA) so you can call
them for free directly from
prison.
They are usually posted to you, so if you moved and didn‘t update your address
you may not have received it. You can write to your previous employers and
request a copy to be sent out to you. The ATO also have this info so you can
write to them and ask for it if you can‘t remember your employer details.
38
When should I contact SPER?




When you enter prison
If you change prisons
When you are released from prison
If you have been granted a deferral
of payments and it is due to expire
11
SPER
Tax
If I tell SPER that I am in prison, do I still have to make repayments?
No, but you can. Even if you are unable to make your normal repayments, you
can make a reduced payment. This is done by setting up a Custodial Instalment
Plan so payments can be made from your trust account.
How do I complete my tax return while in prison?
If you decide that you do want to complete a tax return;
1. Request a TaxPack from an Intel officer
2. Complete the form
If you set up a Custodial Instalment Plan
and then don‘t make repayments, SPER
can take Enforcement Action.
3. Information you will need to fill in the form;
 Your Tax File Number (TFN)
 Your PAYG statement(s) (group certificates) from each employer for
that financial year and from Centrelink if you were on benefits
If you do set up a Custodial Instalment
Plan and then find that you are struggling to make the repayments, give them
a call to discuss possible options, such as
requesting a deferral.
 Your bank account details (so that if you receive a return they have an
account to deposit it in ~ the account has to be in your name, they
won‘t deposit the return in somebody else‘s account) OR if you would
prefer money to be sent as a cheque to you in prison you can request
this (up to a maximum of $500—due to trust account deposit limits).
4. Give the completed form to Intel. They check the details e.g. to see that it
has been completed in your name and that the dates you have listed as
working are not at the same time that you are in prison.
Can I serve additional days on
my current sentence in prison for
my unpaid SPER fines?
5. The prison sends the completed form to the Australian Tax Office (ATO)
6. The ATO process the form and if they owe you money they will deposit it
in your account or send you a cheque. You will also be sent a confirmation letter. If you owe tax, you will be sent a statement.
Not usually. In very rare situations you may be able to voluntarily convert your
unpaid fines into additional days in custody. This is only an option for people
who have a full time release date. It is not available if you have a court ordered
parole or a parole eligibility date.
Note: If you have nominated a Power of Attorney or have an accountant,
they can prepare your return for you and if they need you to sign paperwork they can send it to you.
To apply to convert your fines to additional days in prison, you have to complete
a Request to Serve Imprisonment for Unpaid Fines form which should be available at the prison, or ask SPER to send one out.
If I was on Centrelink or in prison for a whole year do I need to
complete a tax return?
If you do serve days in custody instead of paying your fines, court ordered fines
will be converted to the number of days in default as ordered by the court and
infringement notices (e.g. speeding and parking fines) will be converted at the
rate of about $100 per day.
If your only income was from Centrelink or you were in prison for a whole financial year, you can complete a ―non-lodgement advice‖ form. This will keep
your records up-to-date. You can request one of these from Intel. If you are not
sure if you need to complete a tax return for a financial year and you complete
this form, the ATO will check your details and will either accept the nonlodgement or write back to you and tell you if you need to complete a tax return.
Note: Time served for fine repayment always goes on top of your sentence (i.e.
it is cumulative).
12
37
Tax
Child Support
Do I still have to pay child support while I am in prison?
Can I complete my tax return while in prison?
Probably. If you have a child support liability, even when you are in prison the
Child Support Agency (CSA) may still expect you to make payments as they
may consider that you earn an income. The only money excluded from being
counted as income is your basic amenities allowance. Money which is considered to be income for the purpose of paying child support includes:
Yes, you can complete tax returns while you are in prison.
Why would I want to?
You may be interested in completing a tax return if:
 If you work while in prison and receive payments into your trust account
above the basic amenities allowance.
 You went to prison part way through the financial year. If you were
working and paying tax for part of the financial year, you could be eligible for a refund from the Australian Taxation Office (ATO).
 If you don‘t work and receive any prison allowances in addition to the basic
amenities allowance
 If before you went to prison and you hadn‘t done a tax return for a few
years. If you were working you may be entitled to a refund, this will depend on your situation so you should get some advice.
 If you receive regular payments from family or friends into your Trust Account
If your yearly prison allowance is greater than *$360 (about $6.92/week) you
will generally be expected to pay at least the minimum child support amount. If
your income is less than *$360/year you can apply for your payments to be reduced to nil.
 If you are considering declaring bankruptcy. Most tax debts are cleared
by bankruptcy. If you think you have a tax debt, getting your tax returns
up to date will confirm what you owe and then the tax debt can be included in your bankruptcy.

* please note this amount is correct as at date of publication and may increase
To keep your records up to date and help prevent you being charged a
late fee or being fined by the ATO.
Is the CSA notified that I have gone to prison?
No. This can cause problems, because if they don‘t know
you are in prison they will expect you to continue with
your normal payments. If you don‘t make regular payments and have a debt, late penalties build up. This
could result in you ending up with a large child support
debt over the course of your sentence which will have to
be paid.
The financial year is
different to the normal
calendar year: it goes
from the 1st of July to
the 30th of June.
Release from tax debt. If you
have a tax debt you can apply to
the ATO for a release from the
debt. The ATO will consider
your case and may agree to
waive some or all of the debt.
You can‘t apply for a release
from you tax debt unless your
tax returns are up to date.
Child support is based on your previous income. When you go to prison your
income is dramatically reduced and you will be eligible to make lower or nil
payments. Child support will only be reduced from the date you contact
the CSA. To prevent building up a large debt, let the CSA know you are in
prison as quickly as possible. If you are in prison for more than a year, you
need to contact the CSA every year or every time they send a letter about
changes as your liability can increase even if you were on a minimum or nil
assessment.
36
13
Child Support
How to contact the CSA?
CSA are on the Prisoner
Telephone System
(ARUNTA) so you can call
them for free directly from
prison. Or write to;
Child Support Agency
PO Box 9815
MELBOURNE VIC 3001
Superannuation
What should I tell the CSA? (to reduce
the chance of incurring debts and late
payment fines)
If I think I am eligible to access my super, how can I do it?
 If you are moved to another prison
The Australian Prudential Regulation Authority (APRA) is the government
body that regulates superannuation. To have your super released early under
compassionate grounds, you need to get their approval. They don‘t have to
grant your request and even if they do, your super fund has the final say.
 Your new address details so they can contact
you
To apply for early release of your superannuation under compassionate
grounds take the following steps;
 The date you went to prison
 Your new income (prison allowance)
 Write to the Department of Human Services (DHS) and ask for an Early
Release of Superannuation Benefits Form and tell them your situation so
that they can send you the right form.
 If the care arrangements for your children
have changed
 Fill in the form and state how much you want released. Return the form to
them. You will have to provide ID and other documents to support your
application
 If you appoint somebody to deal with the
CSA for you
 When you are released from prison
 They will either approve or reject your request. If they approve, they will
state how much can be released from your super account.
 In addition, you can ask them to send you an
information pack complete with forms specific for people in prison so that you can update your circumstances.
Can I get somebody else to deal with
the CSA for me while I am in prison?
Yes. If you have a Power of Attorney they
can deal with the CSA for you. Or, if you
don‘t have a Power of Attorney, you can
nominate somebody (such as a family
member or Financial Counsellor) to act on
your behalf.
This person won‘t be able to make changes
without your confirmation however they
will be able to make enquiries. If you want
someone to act on your behalf, you need to
complete a Representative Authority form
which you can ask the CSA to post to you.
 If they give approval you then have to apply by writing to your super fund
and they have the final decision
NOTE: If you get an early release from your super it may be taxed up to a
maximum of 21.5% + exit fees.
CASE STUDY: Mr D
Mr D was released in 2009
after serving an 11 year sentence. He has two children for
which he was paying child
support prior to going to prison. The CSA did not know he
was in prison and so did not
change his income assessment
or his required payments.
When Mr D was released he
owed the CSA $31,200. Of
this $12,000 was the debt
from his missed payments
and $19,200 was late payment
fees
DHS Contact Details
ERSB Branch
PO Box 1001
Tuggeranong DC ACT 2901
If I go bankrupt, will I
lose my super?
No. Super is a protected benefit,
which means that creditors cannot take any money out of your
super fund account to repay
your debts, except in certain
fraud cases.
14
35
Superannuation
Centrelink
What if I go to prison part way through my Centrelink payment
cycle?
When can I apply for early release of my superannuation?
Under superannuation legislation, being in prison is not considered as sufficient
grounds (on its own) to release your super. There are only two ways you can
apply for early release:
When you arrive at prison, you should be asked if you are receiving a Centrelink benefit. If you are, the prison will require you to complete the form
Notification of Imprisonment. This then needs to be faxed to Centrelink and
once received will allow Centrelink to cancel your payments.
Compassionate Grounds
If you are on a benefit and go to prison part way through the pay cycle you are
entitled to receive payment for the days before you went to prison.
You can apply under compassionate grounds in the following situations:
If however, they didn‘t know that you were in prison they may still have paid
you for those days in the pay cycle that you were in prison. If this happens,
they will consider it as an overpayment and require you to repay that money.
 To prevent foreclosure of a mortgage (i.e. to stop the bank from repossessing and selling your home)
 To pay for funeral expenses of a dependant or immediate family member
What if I had a Centrelink
debt before I went to prison?
 To pay for medical treatment and transport for yourself or a dependant in
the case of severe illness or disability
Financial hardship
If you had a debt with Centrelink
before you went to prison they will
hold the debt until after your release.
To be eligible to apply under financial hardship you must currently be on an
approved Centrelink benefit and have been receiving it for at least 26 weeks (6
months) continuously. This is not an option when you are in prison because
your Centrelink benefits stopped when you entered prison.
They can only do this if they know
you are in prison. You can check if
they have been notified by contacting them. Once you are released
they will again start to pursue the
debt.
CASE STUDY: Mr L
Mr L is 54 years old and since being in prison has been struggling
to keep up with his mortgage repayments. As a result, the bank has
threatened to repossess his house.
He completes the forms to apply for early release of his super under
compassionate grounds.
APRA grant his request to release $8,500 to pay his arrears and 3
months payments. He then applies to his super fund, which also
agrees to release the funds and pay the money directly on to the
loan .
As Mr L is younger than 55 the super payment is taxed at 21.5%.
The super fund also charges an admin fee of $100.
This means the total amount taken out of his super is $11,000.
Partner in Prison rate
If you and your partner where both on Centrelink benefits before you went to prison, your
partner may be eligible to get an increased
―Partner in Prison‖ payment rate for the duration of your incarceration (while they remain
on benefits). Your partner can speak to Centrelink about this option
34
Centrelink
Reply Paid 7800
Canberra BC
ACT 2610
15
Loans/Credit
Superannuation
I think I may have some super, but I’m not sure?
Do I have any options if I can’t repay a creditor while I am in
prison?
If you have worked in a full-time or part-time job since the late 1990‘s, it is
likely you have some super. Since that time the government has required employers to contribute into a super fund for their employees. However, there are
some exceptions to this rule. If you had a cash-in-hand job your employer
would not have paid any super.
Yes, however the options that are available to you will depend on what type of
credit you have (e.g. car loan, credit card etc.), how much you owe, and how
long your sentence is.
If you have a shorter sentence (less than 6-12 months) you may find that a
Hardship Variation is sufficient.
How do I find out if I have any super?
A Hardship Variation is when the creditor (for example your bank) agrees to
reduce your repayments or allows you to stop your repayments for a short
time.
If you think you have some super you can contact the Australian Tax Office and ask them to
do a search for you. To do this;
 Write to the ATO and request form number
2476 Searching for Lost Super
Am I eligible to apply for a Hardship Variation?
Section 72 of the National Credit Code states that if there have been changes to
your circumstances which are causing financial hardship you have the right to
apply for a Hardship Variation. You can apply if you satisfy the following:
 Complete the form and return it to the ATO.
In the form they will ask you for your Tax
File Number (TFN) and other personal details.
 There is a change in circumstances since you got the loan or credit card (i.e.
you have gone to prison) and this is causing financial hardship
 If you have any super they will tell you
the details of which super fund it is with
and your member number with that fund.
 You expect to be able to go back to making normal repayments after a short
period of time
 Contact your super fund to update your
contact details and ask for an account
statement (you will have to tell them your
member number). You may need to provide a certified copy of ID.
CASE STUDY: Mr J
Things were going well for Mr J, he had a labouring job, and was getting a regular income. He decided to take out a $600 loan to buy a flatscreen plasma.
On the weekend he got picked up by the police and charged with drug
possession. He had a few previous convictions for similar offences and
was sentenced to 6 weeks imprisonment. Without the income from his
job he knew he wouldn‘t be able to make payments for the TV.
Australian Taxation
Office (for Super)
PO Box 3578
ALBURY NSW 2640
Can I access my super while I am in prison?
Only in limited circumstances. If you are eligible to access your super this can
be done while you are in prison, although there are very specific guidelines outlining when you are eligible.
He wrote to the finance provider and requested a Hardship Variation to
postpone his repayments and extend the contract for 8 weeks. They
agreed and changed his contract. This meant that while in prison he
didn‘t have to worry about missing his payments, and he started them
again when he went back to his job on release.
Super is for your retirement, therefore under normal circumstances you are not
able to access it until you are 55 years old or over. Under very limited circumstances you may be able to apply for early release of your super.
16
33
Tenancy Databases
Loans/Credit
What type of changes can be made to my loan contract as a
Hardship Variation?
What are tenancy databases?
Tenancy databases such as TICA are run by private companies. They hold
information about the history of tenants. TICA is a national database.
If you have a loan contract there are three main types of changes you can
make to your loan;
Being listed with TICA is not a good situation as it can make it difficult to rent
a property in the future. If you are listed, your name can remain on the list for
7 years.
 Extend the length of your loan, this will reduce the amount you have to pay
for each repayment (for example your original 2 month loan contract gets
changed to 3 months meaning your repayments may drop from $30/week to
$20/week)
I don’t know if I am listed with
TICA, how do I find out?
 Postpone your payments for an agreed amount of time and catch up later
(for example you miss payments for 3 months, and at the end of that time you
make your normal payments plus those missed payments)
You can write to TICA and ask them to
provide you with information. It is no
longer possible to access this for free.
An enquiry by mail costs *$14.30 and
you have to provide a stamped, selfaddressed envelope.
 Postpone your payments for an agreed amount of time, and extend the
length of your loan contract for that amount of time (e.g. don‘t make payments for 3 months and extend your loan contract for 3 months
(*this cost is correct at time of publication but could increase over time, please
check this before sending your request)
What type of changes can be made to my credit card payments?
As a credit card is not a contract and therefore does not have a fixed term, the
variations you can apply for are slightly different. You can apply to;
TICA
A Sample Letter requesting your
personal information from TICA
can be found at the back of this booklet
PO Box 120
Concord NSW 2137
 Postpone your payments and/or interest charged for an agreed short amount
of time
 Make smaller payments at each scheduled payment time
Is it possible to have my listing removed?
It is very difficult to alter or remove your listing with TICA unless you can
prove that false information was used to generate your listing (e.g. wrongful
use of identify, or the agent who listed you cannot prove it was you). Otherwise your name will remain on the TICA list for 7 years.
If you have taken out a loan for an
item (such as a car or TV) and have
given it to somebody else to use and
they make the repayments while you
are in prison, you are still responsible
for the loan. If they stop making repayments, it is you who are responsible!
This could result in your credit record
being affected.
What if I was renting a Housing and Homelessness Services (DOH)
property?
You cannot be listed with TICA for falling behind in rent on Housing and Homelessness Services properties. You can only be listed on TICA for private rentals.
32
17
Tenancy Matters
Loans/Credit
(Housing and Homelessness Services)
NOTE: Housing and Homelessness Services is the new name
for the Department of Housing.
How do I apply for a Hardship Variation?
Apply in writing to the credit provider (there is a sample letter at the end of this
booklet). You have to provide certain information to them including;
If I live in a Housing and Homelessness Services property, will I
automatically lose it when I go to prison?
 Loan contract number (or credit card number) – this can be found on letters
that you‘ve received from the finance provider. If you don‘t know the number tell them as many details as possible so they can identify the account,
e.g. your full name, date of birth and the address they would have on their
records (where they are sending the bills to).
Not always. The Housing and Homelessness Services are sometimes able to hold
your property for the time you are incarcerated. This will depend on the length of
your sentence, usually the maximum time they will hold a property is one year.
 Make it clear that you are applying for a hardship variation and address the
letter to the Hardship Department of the finance company.
If Housing and Homelessness Services agree to hold my property,
do I still have to pay rent?
 Explain the changes in your situation and why it is causing you financial
hardship (i.e. you have gone to prison and without money from your job or
benefits you don‘t have an income to repay the loan)
Yes, although it will usually be a reduced amount. Once you tell them you are in
prison they will re-evaluate the amount of rent you have to pay, and generally
reduce it to a minimum amount.
 Outline what changes you are wanting to make (i.e. one of the options mentioned on the previous page—depending on whether it is a loan contract or
credit card).
How can I organise this with Housing and Homelessness Services?
 Documentation showing your income/expenses. This can be a copy of your
Trust Account statement which shows your income.
They are only able to hold your property and reduce your rent once you have told
them you are in prison and there are several forms you need to fill out.
 Include documents supporting your request. This could be a photocopied
and certified copy of your prison ID which will prove that you are in prison.
 You can call them for free using the prison ARUNTA phone system and discuss your situation and ask for any forms to be posted to you. If you need
help to complete forms you can ask a counsellor for assistance.
 If you have friends or family or a
Power of Attorney that can assist
you, ask them to tell Housing and
Homelessness Services that you
are in prison and organise to get
the forms sent out.
A sample letter requesting a hardship variation is found at the back of this booklet
Does the credit provider (e.g. my bank)
have to give me a hardship variation?
No. But they do have to consider your request
and they have to give you a good reason if they
decide to reject your request. If your request for
a hardship variation has been rejected and you
believe you are eligible for one, there are further steps you can take such as making a formal
complaint. A Financial Counsellor will be able
to fill you in on the options available.
Housing and
Homelessness Services
Central Office
GPO Box 690,
Brisbane QLD 4001
18
CASE STUDY: Mr B
Mr B had been living in a Housing
and Homelessness Services property
for the previous 3 ½ years. He has
just been sentenced to 9 ½ months
and was worried about losing his
property. He contacted them from
prison as soon as he could. They
agreed to hold his property for him
and they reduced his rent to $11 per
week.
31
Tenancy Matters
Loans/Credit
(Private Rentals)
What can I do to prevent building up a missed rent debt (if I
know I am going to prison, or when I arrive in prison)?
The National Credit Code applies to
loans and credit contracts entered into
after 1st July 2010. If your contract
was taken out before then, speak to a
Financial Counsellor to see what options are available.
If you want to end the lease (for example if you plan to leave the property)
notify your agent or landlord that you have to leave the premises unexpectedly. You do not need to tell them that you are in or going to prison.
 If you are in prison and can‘t notify the agent yourself, try to get a family
member or friend to tell the landlord you had to leave. If this is not an
option, write to the real estate agent.
What if my sentence is longer and 3
to 6 months hardship isn’t enough
time?
 If you know you are going to prison, try to give your agent as much notice
as possible that you will be breaking your lease. Put it in writing, stating
the date you will be leaving. You may be able to organise a Mutual Termination Agreement where you have to pay what the agent calls ‗reasonable
costs for reletting‘ (this can include loss of rent and cleaning costs etc.). If
your agent agrees to a termination agreement, get a copy in writing.
If you have a longer sentence there are still
options for you to consider. This will depend
on your individual situation (e.g. what type of debt it is, how much it is for
and how long your sentence is). It might be a good idea to get some information from a Financial Counsellor.
Possible options include:
If other people you were living with want to continue living in the property
(and their names are already on the lease) notify the agent or landlord that you
will no longer be at the property and that you want your name removed from
the lease.
 If you took out a loan for an item such as a car or TV you could authorise
the credit provider to repossess that item. This will allow them to sell it and
your loan will be reduced by the amount the item sold for.
If you have paid bond there is also the issue of getting the other tenants to
take over your portion of the bond. This requires everybody to agree to the
change and sign the bond form. Speak with somebody you trust about this
issue, such as a family member or a financial counsellor
 Some debts can become statute barred after 6 years (this means that a court
cannot enforce you to repay the debt).
 If you have a lot of unmanageable debt and are in prison for a long time,
bankruptcy may be an option to consider
What about my belongings if I left them at the property when I
went to prison?
CASE STUDY: Mrs L
Mrs L recently took out a loan for $5 500 to buy a 2 nd hand car. Not long
after, she was given a 3 year sentence with Court Ordered Parole after 1 ½
years. She had only made a few repayments prior to being sentenced. She
knew she would not be able to keep up the repayments while in prison and
wasn‘t sure if she could get a job when she got out and so she contacted
her credit provider and authorised them to repossess the car. They did, and
sold it at auction. This reduced the amount left owing and the debt was no
longer secured. She then saw a Financial Counsellor to find out what her
options were for the remaining debt.
If you leave a property unexpectedly, such as when you go to prison, the
agent or landlord has certain responsibilities regarding your belongings:
 Documents: These should be returned to you by the agent or landlord
(they need to have a forwarding address, so let them know your new address)
 Goods/possessions: If you left goods/possession on the property that have
a total value of over $1500 the agent or landlord has to store them for one
month. The cost for this will come out of your bond.
30
19
Tenancy Matters
Your Credit File
(Private Rentals)
What if I go to prison while my name is on a fixed term rental
lease (e.g. a 6 month or 1 year lease)?
What is a credit file?
Your credit file lists information about your credit activity and history. Information listed includes:
If you go to prison and have not told your landlord or real estate agent that you
will no longer be living in the property, they will continue to expect you to pay
your rent as normal.
 Applications you have made to get credit in the previous 5 years, e.g.
loans for personal things such as households goods, mobile phone contracts, electricity accounts and credit cards (whether successful or not).
If your rent is not paid you can build up a debt of missed rental payments. If
you were living on your own, they may think you have abandoned the property without giving notice.
 Defaults which are listed when an account payment is overdue. Even if
you then make the payment, the default is still listed on your credit file for
5 years.
In this situation the landlord is able to use the money from your bond to cover
their costs (missed rent and cleaning). In some cases, if you owe more than the
amount in the bond, your landlord is allowed to list you with a tenancy database such as TICA This can make it more difficult for you to get a private
rental when you are released.
 ―Clearouts‖ stay on your file for 7 years. A clearout is if you owe money
and the credit provider has not been able to locate you
 Court judgments, this is when a creditor applies to the court to pursue an
unpaid debt
If other people were living with you and they have not kept up the rent payments or caused damage to the property (while you are in prison) you can be
held responsible because your name is on the lease (even though it may not be
you who caused the damage).
 Bankruptcy and insolvency are recorded on your credit file for 7 years
What is a fixed-term
lease?
A fixed term lease is a
contract between you
and the agent. If you
have signed a fixed
term lease, it indicates
that you will be paying
rent for that total
amount of time e.g. six
months. If you want to
‗break‘ the lease and
leave before the agreed
date there are certain
actions the agent or
land lord can take.
Why should I be concerned
about my credit file?
Your credit file is used by potential
lenders to help them determine
your creditworthiness.
If they see that you have defaulted
on previous loans, contracts or accounts, they may not be as willing
to approve your applications for
credit.
20
29
The Public Trustee
Your Credit File
Are the services of the Public Trustee free?
How can I get a copy of my credit file?
No. You will be charged for the management of your financial matters. These costs will be taken out of your finances and will appear on the annual
statement.
You are able to apply for a free copy of your credit file by writing to one the
companies that manage credit information. Two of these companies are
Veda Advantage and Dun and Bradstreet. Provide as much information as
possible when you write to them, as it assists them to verify your identity:
 Your full name
What happens when I am released?
 Your date of birth
At your full time date the authority of the Public Trustee over your estate
automatically ends. They can chose to end their authority earlier such as
when you are released on parole, however they don‘t have to and can continue to manage your estate for the entire time you are on parole
 Your driver‘s licence number or 18+ card number or passport number (if
you don‘t have any of these provide a certified copy of your prison ID)
 Your current residential address (prison address)
 You previous address
 Name of organisation where you last applied for credit (this includes
telephone and energy accounts as well as loans and credit cards)
What if I have already organized a Power of Attorney?
 Previous employer
If you have organised somebody to be your Power of Attorney, the Public
Trustee is able to overrule any decision or request that your Power of Attorney makes on your behalf (only for financial matters).
How do I find out if the
Public Trustee are managing my affairs?
You can write to the GM of
the prison you are in and ask.
You can also write to or call
the Public Trustee directly;
however they may charge you
for the time and cost of replying to you.
 Your signature
 How you‘d like your file sent to you (by mail)
A sample letter requesting a copy of your
credit file can be found at the back of this booklet
How to contact the Public Trustee?
If you don‘t know the contact details
of the Public Trustee office managing your account you can write to
the Queensland head office.
Veda Advantage
Public Access
Public Trustee
GPO Box 1449
Brisbane QLD 4001
PO Box 964
North Sydney,
NSW 2059
28
21
The Public Trustee
Bankruptcy
When do people consider bankruptcy?
A person may choose to go bankrupt if they are in a lot of debt, don‘t have
any way to repay and want relief from the stress of being in debt. Sometimes
a creditor will force a person or a company to go bankrupt in order to get
some money back out of the sale of assets. There are two types of bankruptcy:
What is the Public Trustee?
The Public Trustee of Queensland is the agency which manages estates and
financial affairs for those people they deem unable to manage their own affairs.
Under certain situations, they can manage your estate (your property, money
and debts) while you are in prison.
1. Involuntary bankruptcy, when a creditor you owe money to makes you go
bankrupt (they can‘t enforce this if you owe less than $5,000)
2. Voluntary bankruptcy which you may choose as an option to deal with unmanageable debt.
Can they decide to take control of my estate without asking me?
Can bankruptcy clear all my debts?
Yes. If you are serving a top or head sentence of 3 years or longer the Public
Trustee are able to manage your financial affairs. While they might not always
choose to do this, if they do, they are not required to ask your permission.
No. Not all debts can be cleared.
Debts which CAN be cleared by bankruptcy
If they do take control of your estate, they have to notify the GM of the prison
you are in, who is then required to notify you.
 Credit cards
They also have to provide you with an annual statement while they are managing your affairs.
 Personal loans
 Mobile phone debts
 Old utilities debts (e.g. electricity bills
from a property you used to live in)
 Tax debts (but not tax fraud debts)
What are they allowed to do when they have control of my estate?
 Personal debts
Your debts are not cleared until you are discharged which is usually 3 years and 1 day
If the Public Trustee takes control of your estate, they have full powers to deal
with your property (land, other monies and assets e.g. investments etc.).
Debts which CAN’T be cleared by bankruptcy
Fines or penalties given by a court
SPER fines
 Most Centrelink debts
Child support or maintenance
Debts you have due to committing fraud
They can make decisions on your behalf, for example they can sell your assets.
They are not required to ask for your permission before doing this.
The Government agency responsible for managing bankruptcy is called the Insolvency
and Trustee Service of Australia (ITSA)
The Public Trustee may choose to sell your assets to repay debts you have or
to pay compensation for injury or damage you may be responsible for (for example compensation under the Victims of Crime Act 2009).
HECS or HELP tertiary education loans
Debts that you incur after the date you declare bankruptcy.
22
27
Authority to Act
Bankruptcy
What is an Authority to Act?
Is bankruptcy a good option for me?
An authority to act is when you allow somebody to act on your behalf in financial
matters and is an alternative to a Power of Attorney. They don‘t have as much
authority as a Power of Attorney but they are able to do certain things.
Whether it is a good option will depend on many factors including;
 The type of debts you have (whether they can be cleared or not)
 How large your debts are and how many debts you have
Note: What they‘re allowed to do will depend on the organisation (e.g. bank,
Child Support, Centrelink etc.) as it varies from organisation to organisation.
 What assets you have which could be repossessed
 They can make enquires and obtain information on your behalf. For example,
they can contact your bank or superannuation fund for you and ask for the
balance of your accounts, and they can check SPER and Child Support debts.
 If any debts or assets are in joint names
 Will bankruptcy affect your future decision making?
 They can request a hardship variation for your loans
Can I declare bankruptcy while in prison?
 They can’t make changes, action requests or perform transactions for you. For
example, they can‘t withdraw money from your accounts, sell your assets/
property or change your personal details such as your address.
ITSA
GPO Box 1550
Adelaide SA
5001
Yes. You are able to file for bankruptcy while in prison.
How long does bankruptcy last?
How do I set up an Authority to Act?
 Bankruptcy will normally last for 3 years and 1 day. If you breach your bankruptcy conditions, it can be extended to 5 or 7 years. Some serious breaches
are considered to be an offence and can result in criminal charges.
This depends on the organisation. Some
require their own forms to be completed
(e.g. Centrelink, SPER and The Child Support Agency). For others you can use a
standard template (see sample at back of
this book).
 It will remain listed on your credit file for 7 years
 It will always remain listed on the NPII (National Personal Insolvency Index)
record maintained by the Insolvency and Trustee Service Australia. Anybody
can access this information for a fee.
You need to provide details of the person
you are nominating so they can be identified (e.g. name, date of birth and address or
phone number). You will also have to sign
the form.
How do I apply for bankruptcy? And what do I have to tell ITSA?
To apply for bankruptcy you have to fill in a Debtor‟s Petition and a Statement
of Affairs form from the Insolvency and Trustee Service of Australia (ITSA).
Financial counsellors will be able to access these forms for you.
Centrelink and the Child Support Agency also require the person you are
nominating to sign the form.
When you apply you have to list all of the debts for which you are personally
liable (responsible) even if you know it can‘t be cleared by bankruptcy. You also
have to list all of your assets, money and property.
And who can I authorise?
ITSA can either accept or reject your application. If they accept, you are then
bankrupt.
You are able to nominate most people to be your representative, just so long
as they are over 18 years of age. It is also important to choose somebody you
trust because they will have access to your personal information.
Note: any debts you get after you have filed for bankruptcy will not be cleared.
26
23
Power of Attorney
Power of Attorney
What is a Power of Attorney? And when do people want to set
one up?
Checklist for appointing a
Power of Attorney
A General Power of Attorney is a legal document giving somebody else the
authority to act on your behalf in financial matters. This may include the
paying of bills, accessing bank accounts or the selling of property.
 Choose somebody you trust; a
solicitor, or family member, or a
friend
 Fill in the appropriate form
 Send a witnessed copy to all
agencies etc.
 Keep a witnessed copy for your
own records
People may seek to organise a General Power of Attorney when they know
they will not be able to organise their own affairs, for example if they know
they are going to prison and want somebody to be able to handle their affairs
while they are in prison.
If I am in prison, should I organise a Power of Attorney?
You are not required to organise a Power of Attorney when you go to prison,
and many people continue managing their own affairs. Before you decide to
appoint somebody, get some legal advice about whether this is the best option
for you.
What happens when I am released from prison? How do I end
the Power of Attorney?
If I do choose to organise a Power of Attorney, who can be my
attorney and how do I organise it?
If at any point you want to end (revoke) the Power of Attorney, such as when
you are released, you need to fill out a form called Revocation of a General
Power of Attorney (available from the same place as the original forms you
filled out).
Your attorney does not have to be a solicitor, although it can be. You could also
appoint a friend or relative that you trust to manage your financial affairs.
Once you have completed this form and given a witnessed copy to all the relevant agencies/organisations, the appointed person is no longer your attorney
and will no longer be able to make decisions or act on your behalf.
If you decide you want to organise a Power of Attorney for the time you are in
prison you need to complete specific forms. The person you want to be your
attorney can get these forms either from a post office (for a fee), or a community centre (for free) or they can download them from the Queensland Government‘s Department of Justice and the Attorney General website (for free).
Note: if you don‘t cancel the Power of Attorney when you are released, that
person can continue to make decisions and act on your behalf. It is not automatically cancelled when you fill in the revocation form. You have to contact
all the agencies/organisations and show them the form.
Once you have organised a Power of Attorney, you have to let all of the
agencies/organisations know that you have appointed one as they are not automatically notified (e.g. banks, Child Support Agency etc.). Give a witnessed
copy of the completed forms to them. It is also a good idea to keep a witnessed
copy for your records.
What if the Public Trustee is managing my affairs?
While you are in prison (and on parole) the Public Trustee can override all
decisions or requests relating to financial matters that your attorney has made
on your behalf. See the next section of this booklet for more information about
the Public Trustee.
What is a witnessed or certified copy?
This is a copy of a document that has been certified by a Justice of the
Peace (JP) or other eligible person as being a true and complete copy of the
original. The person has to see both the original and the copy together to
sign off on this. A prison officer can witness some documents.
Even if the Public Trustee is managing your affairs and your attorney is not
able to make decisions on your behalf, they do still have the authority to check
what the Public Trustee is doing and to enquire about your affairs.
24
25