Australian Capital Territory Numbered Acts

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CHILDREN AND YOUNG PEOPLE ACT 2008 (NO. 19 OF 2008) - SECT 175

Mail

    (1)     The chief executive must ensure, as far as practicable, that young detainees can send and receive as much mail as they wish.

    (2)     A young detainee may send mail to, and receive mail from any family member, significant person or other person nominated by the young detainee by written notice given to the chief executive.

    (3)     For chapter 8, subsection (2) is taken to provide entitlements for each young detainee in relation to mail.

    (4)     However, the chief executive may give directions denying or limiting the sending or receiving of mail by a young detainee if the chief executive suspects on reasonable grounds that—

        (a)     the mail may—

              (i)     undermine security or good order at a detention place; or

              (ii)     revictimise a victim; or

              (iii)     circumvent any process for investigating complaints or reviewing decisions under this Act; or

              (iv)     have the purpose of causing community distress; or

              (v)     cause harm to the young detainee; or

        (b)     the direction is necessary and reasonable to safeguard the best interests of the young detainee.

    (5)     Also, subsections (1) and (2) are subject to—

        (a)     section 201 (Monitoring ordinary mail); and

        (b)     section 202 (Monitoring protected mail); and

        (c)     any operating procedure mentioned in subsection (6).

    (6)     An operating procedure may include provision regulating the following in relation to young detainees' mail:

        (a)     the way mail is sent or received;

        (b)     the provision of writing and other material for sending mail;

        (c)     the storage, and return to the detainee, of mail for which a direction is given under subsection (4).



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