Western Australian Consolidated Acts

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PRISONS ACT 1981 - SECT 68

68 .         Letters etc. addressed to prisoners

        (1)         A letter addressed to a prisoner and written by a person referred to in section 67(1) shall be delivered to the prisoner as soon as practicable after it is received at a prison without being opened or read, but if the superintendent has reason to believe that a letter apparently written by such a person did not in fact so originate he may open that letter and inspect it to the extent necessary to establish its origin.

        (2)         If a superintendent opens and inspects a letter under subsection (1), he shall forthwith notify the chief executive officer in writing of his reason for so acting and the result of his inspection.

        (3)         The superintendent or an officer authorised by the superintendent may open and read any letter addressed to a prisoner and received at the prison, other than a letter of the kind referred to in subsection (1), and may open and inspect any parcel addressed to a prisoner and received at the prison.

        (4)         Where it appears to the superintendent that the contents of a letter or parcel of the kind referred to in subsection (3) or any part of the contents of such a letter or parcel — 

            (a)         may jeopardise the good order or the security of a prison;

            (b)         contains a threat to a person or property; or

            (c)         constitute or are expressed in a code,

                the superintendent may — 

            (d)         decline to accept delivery on behalf of the prisoner;

            (e)         return the letter or parcel to the sender; or

            (f)         otherwise deal with the letter or parcel by order of the chief executive officer.

        (5)         Subject to this section, a letter or parcel addressed to a prisoner and received at the prison shall be delivered to that prisoner.

        [Section 68 amended by No. 47 of 1987 s. 11; No. 113 of 1987 s. 32.]



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