Victorian Consolidated Legislation

Ombudsman Act 1973 - SECT 28

Letters by persons in custody etc. to be forwarded immediately to the Ombudsman

28. Letters by persons in custody etc. to be forwarded immediately to the
Ombudsman



(1) Notwithstanding any provision to the contrary in any enactment where a
letter written by a person in custody on a charge or after conviction of an
offence or by a patient in a mental health service within the meaning of the
Mental Health Act 1986 or residential service, residential institution or
residential treatment facility within the meaning of the Disability Act 2006
is addressed to the Ombudsman it shall immediately be forwarded unopened to
the Ombudsman by the person in charge.



(1A) Despite anything to the contrary in any Act (other than subsection (3)),
if a letter written by the Ombudsman is addressed to a person in custody on a
charge or after conviction of an offence or to a patient in a mental health
service within the meaning of the Mental Health Act 1986 or residential
service, residential institution or residential treatment facility within the
meaning of the Disability Act 2006, it must immediately be forwarded unopened
to the person to whom it is addressed by the person for the time being in
charge.

(2) A person who prevents or hinders the forwarding of a letter referred to in
subsection (1) or (1A) shall be guilty of an offence against this Act.

(2A) Proceedings may only be instituted for an offence under subsection (2)4-

   (a)  by the Ombudsman; or

   (b)  by or with the consent of the Director of Public Prosecutions.

(3) If a letter referred to in subsection (1) or (1A) is suspected by the
person in charge of containing drugs, weapons or other contraband, the letter
may be opened by the person in charge in the presence of-

   (a)  the person who wrote the letter and an officer of the Ombudsman; or

   (b)  the person to whom the letter is addressed and the Deputy Ombudsman or
        an officer of the Ombudsman-

as the case requires.

(4) A person who opens a letter in accordance with subsection (3) is not
guilty of an offence under subsection (2).

(5) In this section, person in charge means the person who is for the time
being in charge of the place, service or institution where the writer of the
letter, or the person to whom the letter is addressed (as the case requires)
is detained or of which he or she is a patient.