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CORRECTIONS MANAGEMENT ACT 2007 - SECT 48 Mail

CORRECTIONS MANAGEMENT ACT 2007 - SECT 48

Mail

    (1)     The director-general must ensure, as far as practicable, that detainees can send and receive as much mail as they wish.

    (2)     However, a detainee may send mail to, and receive mail from, a person only if the person is nominated by the detainee by written notice given to the director-general.

    (3)     A detainee who sends mail must pay for the cost of any writing and other material, and postage, for the mail if the director-general believes, on reasonable grounds, that is appropriate.

Example

if the detainee can afford to pay for the material and postage

    (4)     For chapter 10 (Discipline), subsection (2) is taken to provide an entitlement for each detainee in relation to mail.

    (5)     However, the director-general may give directions denying or limiting the sending or receiving of an item of mail by a detainee if the director-general suspects, on reasonable grounds, that it 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; or

        (d)     have the purpose of causing community distress.

Example—par (d)

AW was convicted of murdering her parents with a view to obtaining an inheritance. The W family are well known in the community and family members had actively campaigned for a higher sentence for AW. AW began writing inflammatory letters to her relatives and friends of her parents. Having received complaints about the letters from family members, the director-general denies AW from sending further letters to family members who had complained about the letters.

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

        (a)     section 104 (Monitoring ordinary mail); and

        (b)     section 105 (Monitoring protected mail); and

        (c)     any operating procedure mentioned in subsection (7).

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

        (a)     the way mail is sent or received;

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

        (c)     arrangements for payment for the cost of the material and postage.