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CHILDREN (DETENTION CENTRES) REGULATION 2015 - REG 44
Monitoring of telephone calls
44 Monitoring of telephone calls
(1) The Secretary may cause an officer authorised for the purpose to monitor
one or more of a detainee's telephone calls.
(1A) The Secretary must arrange
for an officer authorised for the purpose to monitor all telephone calls made
by a national security interest detainee (other than communications referred
to in subclause (4)).
(2) The Secretary may determine the procedure for
monitoring telephone calls.
(3) The Secretary must ensure that procedures are
in place so that both the maker and the recipient of a telephone call that is
monitored are informed that the call is being monitored before the call is
made or at the start of the call. Note : The Telecommunications (Interception
and Access) Act 1979 of the Commonwealth prohibits the interception of a
communication passing over a telecommunications system without the knowledge
of the person making the communication.
(4) Communications made during a
telephone call between a detainee and any of the following persons or bodies
are not to be monitored-- (a) an exempt body,
(b) the detainee's legal
practitioner,
(c) the Health Care Complaints Commission,
(d) the Mental
Health Helpline,
(e) the Oral Health Hotline.
(5) In this clause,
"monitor" means listen to or record communications made during a telephone
call.
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