Victorian Current Acts Victorian Current ActsS. 13ZC(1) amended by No. 32/2018 s. 28(1).
(1) Except as provided by sections 13ZD, 13ZE, 13ZF, 13ZFA, 13ZFB, 13ZFC, 13ZH or 13ZNF, while a person is being detained under a preventative detention order, the person—
(a) is not entitled to contact another person; and
(b) may be prevented from contacting another person.
S. 13ZC(2) amended by Nos 48/2006 s. 42(Sch. item 35.6), 34/2008 s. 143(Sch. 2 item 13.5), 82/2012 s. 167(7), 37/2014 s. 10(Sch. item 167.25(a)), substituted by No. 32/2018 s. 28(2).
(2) While a person is being detained in a prison or youth justice facility under a preventative detention order or an order for the person's detention made under a corresponding preventative detention law, the person is required to give to a police officer (within the meaning of this Act) or a police officer (within the meaning of Part 5.3 of the Criminal Code of the Commonwealth), as the case requires, exercising authority under the order any letter that the person wishes to send to any person other than—
(a) the Ombudsman under the Ombudsman Act 1973 ; or
(b) the IBAC under the Independent Broad‑based Anti-corruption Commission Act 2011 ; or
(c) the Commission for Children and Young People; or
(d) the Commonwealth Ombudsman under the Ombudsman Act 1976 of the Commonwealth; or
(e) the Commissioner or an AFP appointee (within the meaning of the Australian Federal Police Act 1979 of the Commonwealth) under Part V of that Act.
S. 13ZC(3) amended by Nos 48/2006 s. 42(Sch. item 35.6), 37/2014 s. 10(Sch. item 167.25(b)(ii)).
(3) A prison officer within the meaning of the
Corrections Act 1986 or the officer in charge of a youth justice
facility who receives—
S. 13ZC(3)(a) amended by Nos 48/2006 s. 42(Sch. item 35.6), 37/2014 s. 10(Sch. item 167.25(b)(i)).
(a) from a person being detained in a prison or youth justice facility under an order referred to in subsection (2) a letter required by that subsection to be given to a police officer (within the meaning of this Act) or a police officer (within the meaning of Part 5.3 of the Criminal Code of the Commonwealth) exercising authority under the order; or
S. 13ZC(3)(b) amended by No. 48/2006 s. 42(Sch. item 35.6).
(b) a letter sent to a person being
detained in a prison or youth justice facility under an order referred to in
subsection (2)—
must as soon as practicable give that letter to such a police officer.
S. 13ZC(4) amended by No. 48/2006 s. 42(Sch. item 35.6).
(4) This section applies to legal documents exchanged between a lawyer and a person being detained in a prison or youth justice facility under an order referred to in subsection (2) as if that document were a letter.
S. 13ZC(5) amended by No. 48/2006 s. 42(Sch. item 35.6).
(5) A person being detained in a prison or youth justice facility under an order referred to in subsection (2) may retain any legal documents that are in his or her possession, subject to reasonable quantity limits imposed by the Governor of the prison or the officer in charge of the youth justice facility (as the case requires).
Notes
1 This section will not apply to the person if the person is released from detention under the order (even though the order may still be in force in relation to the person).
2 A person's entitlement to contact other people under sections 13ZD, 13ZF and 13ZH may be subject to a prohibited contact order made under section 13L or 13M (see section 13ZI).
S. 13ZD inserted by No. 5/2006 s. 4.