A Victorian prisoner who fears he's a "sitting duck" for a deadly case of coronavirus won't be freed from jail early.
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At 53, Mark Rowson is at the low end of the age group most at risk from COVID-19 but coupled with a chronic heart condition, asthma and uncontrolled blood pressure, he fears the virus could kill him.
No cases of the virus have been confirmed in any Victorian prison, but Rowson has argued in the state's Supreme Court that if it does reach the jail system it'll spread quickly.
He was jailed two years ago for obtaining financial advantage by deception and wants to be freed a little over halfway through his sentence, believing he'll be safer at home where he can maintain social distance.
Justice Timothy Ginnane on Friday found the risk of COVID-19 spreading in prison was "not insignificant" and there was a serious issue to consider.
But he rejected Rowson's bid for freedom until the case can be examined further, finding it does seem on the face as if Corrections Victoria had breached its duty of care to him.
The judge has ordered Corrections to complete an assessment of COVID-19-related risks to prisoners at Port Phillip Prison, including relating to the screening of staff and visitors before they enter the jail, by May 15.
He also ordered that any recommendations in that report be implemented.
Rowson is in a single cell at Port Phillip Prison, but claimed the jail is overcrowded and inmates can't maintain the recommended 1.5-metre distance from each other.
His lawyer Emrys Nekvapil likened prisons to cruise ships and aged care homes, which have been hotspots for virus cases.
Rowson also has concerns recommended health advice is not yet being followed by Corrections Victoria.
Victoria's Solicitor-General Kristen Walker disputed Rowson's claim, saying Port Phillip Prison is operating below capacity.
The infection rate for the general population was 0.006 per cent, and Rowson's chance of infection in prison was even lower, she added.
Justice Ginnane said there were hygiene issues raised by Rowson that, if correct, could be addressed to reduce the risk.
Rowson said prisoners were limited to buying one bar of soap a week, responsible for cleaning and that prisoners touch "hundreds of surfaces a day".
"Then there is a lack of cleanliness and the ability of prisoners to come into other prisoners' accommodation units," he said.
Australian Associated Press
