New South Wales Repealed Regulations

This legislation has been repealed.

CHILDREN (DETENTION CENTRES) REGULATION 2000 - REG 29

29 Correspondence with external bodies

(1) In this clause:
"Commonwealth Ombudsman" means the Commonwealth Ombudsman appointed under the Ombudsman Act 1976 of the Commonwealth.
"privileged letter", in relation to a detainee, means a letter which has been addressed by the detainee to the New South Wales Ombudsman, the Commonwealth Ombudsman, the Judicial Commission, the Australian Crime Commission, the New South Wales Crime Commission, the Independent Commission Against Corruption, the Anti-Discrimination Board, the Equal Opportunity Tribunal, the Human Rights and Equal Opportunity Commission, the Privacy Commissioner, the Legal Aid Commission of New South Wales, the Legal Services Commissioner, a Member of Parliament, a barrister, a solicitor or a police officer.

(2) If a detainee delivers to an officer a privileged letter:

(a) the officer must send the letter immediately to the person to whom it is addressed, and

(b) the letter must not be opened, inspected or read by anyone except the person to whom it has been addressed or by some person authorised by that person.

(3) Any letter addressed to a detainee by:

(a) the New South Wales Ombudsman, or

(b) the Commonwealth Ombudsman, or

(c) the Judicial Commission, or

(d) the Australian Crime Commission, or

(e) the New South Wales Crime Commission, or

(f) the Independent Commission Against Corruption, or

(g) the Anti-Discrimination Board, or

(h) the Equal Opportunity Tribunal, or

(i) the Human Rights and Equal Opportunity Commission, or

(j) the Privacy Commissioner, or

(k) the Legal Aid Commission of New South Wales, or

(l) the Legal Services Commissioner,

must not be opened, inspected or read by anyone except the detainee to whom it is addressed or some person authorised by that detainee.

(4) If a Member of Parliament or a barrister or solicitor sends to a detainee a letter in a sealed envelope accompanied by a letter addressed to the centre manager claiming privilege in respect of the letter in the sealed envelope, the sealed envelope and letter must not (except as provided by subclause (5)) be opened, inspected or read by anyone except the detainee or some person authorised by the detainee.

(5) If the centre manager is of the opinion that a sealed envelope referred to in subclause (4) may contain contraband or any item or matter that is likely to adversely affect the security, safety or good order of the detention centre, the centre manager may require the detainee to open the sealed envelope in the centre manager’s presence.

(6) If a sealed envelope so opened is found to contain contraband or any item or matter that, in the opinion of the centre manager, is likely to adversely affect the security, safety or good order of the detention centre, the centre manager may take possession of the envelope and its contents and may deal with them in accordance with any directions given specifically or generally by the Director-General.