Victorian Consolidated Legislation

Corrections Act 1986 - SECT 47B

Certain confidential letters may be inspected

47B. Certain confidential letters may be inspected



(1) This section applies if the Governor reasonably suspects that a letter to,
or from, a prisoner contains any unauthorised article or substance, but
section 47A does not apply.

(2) If the letter is to, or from, a lawyer, the Health Services Commissioner
or the Human Rights Commissioner or any person authorised to act on behalf of
either of those Commissioners, the Governor-



   (a)  may hold the letter and notify the prisoner and the lawyer, or the
        relevant Commissioner, of his or her suspicions; and



   (b)  may open and inspect the letter-

   (i)  in the presence of the prisoner and a representative of the lawyer or
        relevant Commissioner; or

   (ii) in accordance with any alternative arrangement agreed with the lawyer
        or relevant Commissioner-

but must not read or censor the letter.

(3) If the Governor has not received a response from the relevant Commissioner
or lawyer within 7 days after notice is given under subsection (2), the
Governor may require the prisoner to open the letter to enable the Governor to
inspect it.

(4) If the letter is to, or from, the Minister, a member of Parliament, the
Secretary, the Commissioner or an official visitor, the Governor may require
the prisoner to open the letter to enable the Governor to inspect it.

(5) If a prisoner refuses a request to open a letter under subsection (3) or
(4), the Governor may open the letter.

(6) In opening or inspecting a letter under this section, the Governor-

   (a)  may inspect the envelope, and any associated packet, parcel, container
        or wrapper; but

   (b)  must not read or censor the letter.