When it comes to prison visitation rights in Australia, one question frequently arises: are conjugal visits allowed? While most Australian states and territories prohibit conjugal visits, Victoria stands alone in permitting them at five specific prisons. This unique situation raises important questions about prisoner rights, rehabilitation, and the purpose of incarceration in our society.
What Are Conjugal Visits?
Conjugal visits are private visits that allow an inmate and their spouse or partner to spend time together in a more personal, intimate setting—often involving overnight stays in a designated area within the prison. In some countries, these visits may include sexual intimacy, shared meals, and extended privacy from guards.
Typically, conjugal visits are intended to:
- Maintain family bonds and relationships
- Support emotional and psychological wellbeing
- Reduce the risk of reoffending by preserving social connections
But does this concept exist within the Australian prison system?
Are Conjugal Visits Allowed in Australia?
No, conjugal visits in Australia are not formally permitted in the way they are in Canada, some parts of Europe and the United States. However, there are alternative forms of contact and family visit arrangements that serve a similar purpose—to help inmates stay connected with loved ones.
These arrangements vary slightly depending on the correctional system in each state or territory.
How Do Australian Prisons Handle Relationship Visits?
Although traditional conjugal visits aren’t available, some states offer structured programs that allow family contact and even extended visits, including overnight stays under strict rules.
In Victoria, Section 38 of the Corrections Act 1986 (Vic) provides a legal framework for contact visiting and residential visits programs:
|
Type of Visit |
Description |
|
Contact Visiting Programs |
Allow prisoners to physically interact with family and close friends. |
| Residential Visits Programs |
Permit family members to stay with the prisoner within prison grounds. |
The Residential Visits Program provides qualified inmates the opportunity to spend extended, unsupervised time with a close family member. These visits permit physical contact and typically take place off-site, often at an approved accommodation facility such as a hotel near the correctional centre.
Residential visits programs are permitted in the following correctional facilities:
These visits are designed to strengthen familial relationships, assist with the inmate’s transition back into the community, and contribute to lowering recidivism rates.
Victoria’s Living with Mum Program
The Living with Mum Program in Victorian prisons supports eligible mothers or primary carers in custody by allowing them to care for their young children while serving their sentence. Designed to keep families together, the program helps maintain the mother-child bond and promotes better outcomes for both.
Children can live in special family units at Dame Phyllis Frost Centre or Tarrengower Prison, where they have access to safe accommodation, childcare, health services, and community visits. Participation depends on the best interests of the child, prison safety, and the mother’s circumstances. Applications are assessed individually, with support provided throughout the process.
Eligibility for Conjugal Visits in Victoria
To be eligible for conjugal visits, the inmates and visitors must meet these requirements, including:
- Inmates must be serving a sentence of at least 18 months in a medium or minimum-security facility.
- Visitors need to be approved and added to an official visitor list after undergoing a screening process.
- Good behavior and proof of an established relationship with the visitor may also be necessary.
Key points from the law include:
- The Secretary of the Department of Justice may approve these programs through formal regulations.
- Prisoners’ families may include near relatives or individuals in a long-standing close personal relationship.
- Prison Governors are required to inform eligible inmates about these programs and the privileges involved.
Are These Programs Available in Other States?
Other jurisdictions, such as New South Wales and Queensland do not offer residential visiting programs but do have contact visit options. Each state has its own visitation policies, which generally fall into two categories:
|
Visit Type |
Common Features |
|
Contact Visits |
Supervised visits that allow limited physical contact (e.g., hand-holding, brief hugs). |
| Non-Contact Visits |
Conducted behind a glass screen or via audio-visual link. No physical contact allowed. |
While NSW and QLD do not have residential visiting programs, these states focus more on fostering family connections through supervised in-person visits and virtual personal visits (VPVs).
Are De Facto Relationships Recognised?
Yes, Australian correctional systems typically recognise de facto relationships, including same-sex partnerships. However, evidence may be required to prove the relationship, including:
- Shared bills or rental agreements
- Joint bank accounts
- Children in common
- Statutory declarations
Recognition of a de facto partner may influence visitation rights, housing proximity, or parole considerations.
Can Inmates Maintain Intimate Relationships in NSW and QLD?
Yes, but within strict limits. Inmates in Australia can:
- Write letters, make supervised phone calls, or email
- Receive visits from recognised partners
- Register relationships or marry in custody with official approval
However, physical intimacy is not permitted, and all communication is subject to monitoring. Sexual contact is prohibited during prison visits.
Do Relationships Affect Parole?
Yes. Strong personal relationships help inmates stay emotionally stable and support their rehabilitation. When deciding on parole, transfers, or release plans, authorities look at how solid an inmate’s support network is. Staying in touch with family and loved ones—through visits or other contact—can lower the chance of reoffending and helps with a smoother return to the community.
Why Doesn’t Australia Allow Conjugal Visits?
Australia’s correctional system prioritises security, rehabilitation, and controlled social reintegration. Allowing private conjugal visits presents logistical, ethical, and safety concerns, including:
- Risks of contraband being smuggled during unsupervised visits
- Potential security breaches or violent incidents
- Administrative burdens of managing private accommodation for such visits
- Challenges in verifying the legitimacy of relationships
However, the correctional services do acknowledge the importance of family connection in rehabilitation, which is why alternatives like contact visits and child-friendly family programs are in place.
What the Research Says About Conjugal Visits
Conjugal visits have clear benefits
A 2021 study in the US found that conjugal visits contribute positively to inmate wellbeing. These visits help prisoners maintain sexual intimacy and emotional connection with partners, which are essential for mental health during long-term incarceration.
Positive impact on female inmates
A 2012 paper showed that women in a maximum-security facility in Israel viewed conjugal visits as emotionally meaningful. They reported the visits made being in prison less difficult and helped them stay close to their partners.
Linked to fewer sexual assaults
The 2012 study highlighted findings from a U.S. study showing that prisons allowing conjugal visits had lower rates of sexual violence. The presence of structured private time with loved ones appears to reduce harmful behaviours inside correctional facilities.
Improve mental health and reduce recidivism and drug use
Family visits supported inmate mental health , according to a 2016 review. These effects were most pronounced among women and younger prisoners. In comparison, a Spanish study reported that more likely to engage in drug use. Those who had regular visits were less likely to misuse substances and had better post-release rehabilitation outcomes.
Concerns Around Conjugal Visits
While most research supports conjugal visits, a few concerns persist:
- Partner Vulnerability: Some studies raised concerns about visiting partners feeling coerced or institutionalised.
- Facility Conditions: The Israeli study showed inmates criticised poor facilities and upkeep, which can affect the program’s success.
- Limited Condom Provision: In European prisons, less than 50% offer condoms. With an overrepresentation of sexually transmitted infections, including HIV (4.7% in prisons vs 0.7% of the general population), this concern is pressing.
What Other Countries Are Doing
Australia’s cautious approach contrasts with many international models:
- Canada allows 72-hour family visits in private, on-site accommodations.
- Brazil treats conjugal visits as a legal right.
- Scandinavian nations integrate family visits into broader rehabilitation strategies.
- Spain offers private rooms or monthly conjugal visits for eligible inmates.
These examples show that secure, effective conjugal visit programs are possible when thoughtfully implemented.
What Does the Future Hold?
The debate over conjugal visits in Australia reflects broader questions about our approach to incarceration. As evidence mounts regarding the benefits of maintaining family connections during imprisonment, pressure may increase to expand conjugal visit programs beyond Victoria.
Several factors suggest potential for gradual change:
- Growing recognition of rehabilitation’s importance in reducing recidivism
- Victoria’s successful program providing a working Australian model
- Increasing awareness of international best practices
- Advocacy from legal and human rights organisations
However, significant cultural and political barriers remain. Any expansion will likely require careful policy development, addressing security concerns, and building public understanding of the rehabilitative benefits.
Conclusion
Australia doesn’t currently offer conjugal visits in most states. While other countries allow unsupervised, private visits between inmates and their partners, Australian law takes a different approach, focusing on structured, supervised contact that balances rehabilitation with safety and control. Still, there are options available for families and partners to stay connected in meaningful ways.
If you or your partner are navigating prison visits or dealing with a criminal law matter, our experienced Gold Coast and Brisbane Criminal Lawyers and Sydney Criminal Lawyers are here to help. We’ll guide you with trusted advice, strong advocacy, and full confidentiality.
