Victorian Current Acts Victorian Current Acts(1) This section applies if a detained person wishes to—
(a) provide information or make a complaint to the Victorian Inspectorate under this Act; or
S. 92A(1)(b) amended by No. 2/2019 s. 72(Sch. 1 Pt B item 15).
(b) make a disclosure to the Victorian Inspectorate under Part 2 of the Public Interest Disclosures Act 2012 .
(2) The detained person may inform the person in charge that he or she wishes to communicate with the Victorian Inspectorate.
(3) The detained person is not required to inform the person in charge of the content or purpose of that communication.
(4) On being informed by the detained person of his or her wish to communicate with the Victorian Inspectorate, the person in charge must—
(a) take all reasonable steps to facilitate that communication; and
(b) subject to subsection (6), immediately forward, unopened, to the Victorian Inspectorate any letter addressed to the Victorian Inspectorate by the detained person.
(5) Subject to subsection (6), if a letter from the Victorian Inspectorate is addressed to the detained person, the person in charge must ensure that it is immediately forwarded, unopened, to the detained person.
(6) If a letter referred to in subsection (4)(b) or (5) is suspected by the person in charge to contain drugs, weapons or other contraband, the letter may be opened by the person in charge, or his or her delegate, in the presence of—
(a) in the case of a letter addressed to the Victorian Inspectorate—
(i) the person who wrote the letter; and
(ii) a Victorian Inspectorate Officer or a person approved in writing by the Inspector; or
(b) in the case of a letter from the Victorian Inspectorate to the detained person—
(i) the person to whom the letter is addressed; and
(ii) a Victorian Inspectorate Officer or a person approved in writing by the Inspector.
(7) Subject to subsection (6), a person, including a person in charge, must not prevent or hinder the forwarding, unopened, of a letter—
(a) addressed to the Victorian Inspectorate from a detained person; or
(b) to a detained person from the Victorian Inspectorate.
Penalty: 120 penalty units or imprisonment for 12 months or both.