South Australian Consolidated Acts South Australian Consolidated Acts (1) Subject to this
section—
(a)
prisoners are entitled to receive and send letters; and
(b)
letters sent to prisoners must be handed to them as soon as reasonably
practicable after delivery to the institution; and
(c)
letters sent by prisoners must be forwarded as soon as reasonably practicable.
(3) A letter sent to
or by a prisoner contravenes this section if it contains—
(a) a
threat of a criminal act; or
(b) a
proposal or plan to commit a criminal act, or to do anything towards the
commission of a criminal act; or
(c) an
unlawful threat or demand; or
(d) an
incitement to violence, or material likely to inflame violence; or
(e)
plans for any activity prohibited by the regulations; or
(f) an
item prohibited by the regulations; or
(g) a
sum of money, whether in cash or otherwise, or a request for any such sum,
where the prior permission of the manager has not been obtained in respect of
that sum or request; or
(h) a
request for any goods, without the prior permission of the manager; or
(i)
a statement that is in code; or
(j)
material relating to, or that constitutes, work by the prisoner that the
prisoner is not authorised to perform.
(4) A manager may
cause all letters sent to or by prisoners to be opened and examined by an
authorised officer for the purpose of determining whether any letter
contravenes this section.
(6) An
authorised officer may, for the purpose of perusing a letter opened by the
authorised officer that is in a language other than English, cause the letter
to be translated.
(7) A letter sent by a
prisoner—
(a) to
the Ombudsman; or
(b) to a
Member of Parliament; or
(c) to a
Visiting Tribunal; or
(ca) to
an inspector of the correctional institution; or
(d) to a
legal practitioner at the practitioner's business address,
cannot be opened pursuant to this section.
(7a) Nothing in this
section empowers an authorised officer to open a declaration vote sent by a
prisoner to a returning officer.
(8) Where an
authorised officer is satisfied on reasonable grounds that a letter sent to a
prisoner is from the Ombudsman, a Member of Parliament, a Visiting Tribunal,
an inspector or a legal practitioner, the authorised officer must not open
that letter.
(10) Where a letter
sent to a prisoner is found to contravene this section, the manager may—
(a) in
the case of a letter—
(i)
hand it over to the prisoner; or
(ii)
retain it and hand it over to the prisoner on discharge
from prison; or
(iii)
furnish a copy of it to the prisoner with any material
that contravenes this section deleted from the copy, provided that the letter
is handed over to the prisoner on discharge from prison; or
(iv)
retain it as evidence of an offence, provided that a copy
of it, or an expurgated copy of it, is handed over to the prisoner as soon as
reasonably practicable, or on discharge from prison; and
(b) in
the case of a prohibited item found in a letter—
(i)
cause the item to be destroyed; or
(ii)
retain it and hand it over to the prisoner on discharge
from prison; or
(iii)
retain it as evidence of an offence; or
(iv)
return it to the sender; or
(v)
dispose of it in such other manner as the manager thinks
fit; and
(c) in
the case of a sum of money—
(i)
hold the money for as long as may be necessary for the
purposes of ascertaining the identity of the sender and the circumstances of
the payment; or
(ii)
credit the whole, or part, of it to the prisoner; or
(iii)
hold the whole, or part, of it on behalf of the prisoner
and pay it over to the prisoner in accordance with this Act on discharge from
prison; or
(iv)
return the whole, or part of it to the sender; or
(v)
if the prisoner is not lawfully entitled to the money,
and the identity or whereabouts of the sender cannot be ascertained—pay
the money to the Treasurer as unclaimed money for the purposes of the
Unclaimed Moneys Act 1891 ; or
(vi)
retain it as evidence of an offence.
(11) Where a letter
sent by a prisoner is found to contravene this section, the manager may—
(a) in
the case of a letter—
(i)
return it to the prisoner; or
(ii)
retain it as evidence of an offence, provided that a copy
is furnished to the prisoner at some time prior to any hearing in respect of
the offence; and
(b) in
the case of a prohibited item found in a letter—
(i)
cause the item to be destroyed; or
(ii)
retain it and hand it over to the prisoner on discharge
from prison; or
(iii)
retain it as evidence of an offence; or
(iv)
return it to the prisoner; or
(v)
forward it to the intended recipient; or
(vi)
dispose of it in such other manner as the manager thinks
fit; and
(c) in
the case of a sum of money—
(i)
hold it for as long as may be necessary for the purposes
of ascertaining the circumstances of the payment; or
(ii)
retain it as evidence of an offence; or
(iii)
pay it into the General Revenue of the State; or
(iv)
disburse it in such other manner as the Minister may
direct.
(12) The manager must
advise a prisoner in such manner as the manager thinks fit of any action taken
under this section in respect of a letter, or anything contained in a letter,
sent to or by the prisoner.
(13) An
authorised officer must not, otherwise than as required by law or in the
performance of duties, disclose to any other person the contents of any letter
perused pursuant to this section.
(14) In this
section—
"authorised officer" means an employee of the Department authorised by
the Chief Executive Officer for the purposes of this section, not being a
person who is employed in a position involving substantial day-to-day contact
with prisoners.