Australian Capital Territory Numbered Acts

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CORRECTIONS MANAGEMENT ACT 2007 (NO. 15 OF 2007 ) - SECT 104

Monitoring ordinary mail

    (1)     The chief executive may open and search a detainee's ordinary mail.

    (2)     The chief executive may read a detainee's ordinary mail only if the chief executive suspects, on reasonable grounds, that the mail may—

        (a)     undermine security or good order at a correctional centre; or

        (b)     revictimise a victim; or

        (c)     circumvent any process for investigating complaints or reviewing decisions under this Act.

    (3)     However, and without limiting section 14 (Corrections policies and operating procedures), the chief executive may make a corrections policy or operating procedure in relation to reading a random selection of detainees' ordinary mail.

    (4)     In this section:

"ordinary mail" means mail other than protected mail.

"protected mail" means mail between a detainee and any of the following:

        (a)     a lawyer representing the detainee;

        (b)     an official visitor;

        (c)     the human rights commissioner;

        (d)     the public advocate;

        (e)     the ombudsman;

        (f)     a person prescribed by regulation.

"search" includes search

        (a)     with any device using electronic or other technology; and

        (b)     by physical means; and

        (c)     with the assistance of a corrections dog.



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