New South Wales Consolidated Regulations

CRIMES (ADMINISTRATION OF SENTENCES) REGULATION 2014 - REG 115

115 Correspondence with Category AA male inmates, Category 5 female inmates, extreme high risk restricted inmates and national security interest inmates

(1) General rule regarding correspondence The governor of a correctional centre or a nominated officer must, subject to this clause, open and inspect, and read and copy the contents of, any letter or parcel that is--

(a) sent to any person or body by a Category AA male inmate, a Category 5 female inmate, an extreme high risk restricted inmate or a national security interest inmate, or

(b) sent by any person or body to a Category AA male inmate, a Category 5 female inmate, an extreme high risk restricted inmate or a national security interest inmate.

(1A) Delivery and retention of copies of correspondence The governor or a nominated officer may, subject to this clause--

(a) direct that a further copy of any written or pictorial matter contained in a letter or parcel opened, inspected, read and copied under subclause (1) be made and retained, and

(b) deal with the original written or pictorial matter in accordance with the directions of the Commissioner, and

(c) deliver a copy of the written or pictorial matter to the inmate instead of the original matter.

(2) Correspondence to exempt bodies As soon as practicable after receiving a letter or parcel from a Category AA male inmate, a Category 5 female inmate, an extreme high risk restricted inmate or a national security interest inmate addressed to an exempt body, a nominated officer must post the letter or parcel to the addressee, without opening, inspecting or reading its contents.

(3) Correspondence from exempt bodies As soon as practicable after receiving from an exempt body a letter or parcel addressed to a Category AA male inmate, a Category 5 female inmate, an extreme high risk restricted inmate or a national security interest inmate, a nominated officer must deliver the letter or parcel to the inmate without opening, inspecting or reading its contents, but only if--

(a) the letter or parcel is accompanied by a note addressed to the governor--

(i) requesting that it be delivered to the inmate without being opened, inspected or read by any person other than the inmate, and

(ii) declaring that it does not contain any prohibited goods, and

(iii) including the name and contact details of a person who can be contacted to confirm that the letter or parcel was in fact sent by the exempt body, and

(b) a nominated officer has confirmed with the exempt body that the body has in fact sent it and addressed it to the inmate.

(4) Correspondence from legal practitioners As soon as practicable after receiving a letter or parcel addressed to a Category AA male inmate, a Category 5 female inmate, an extreme high risk restricted inmate or a national security interest inmate from a legal practitioner, a nominated officer must deliver the letter or parcel to the inmate without opening, inspecting or reading its contents, but only if--

(a) the letter or parcel is accompanied by a note addressed to the governor--

(i) requesting that it be delivered to the inmate without being opened, inspected or read by any person other than the inmate, and

(ii) declaring that it does not contain any prohibited goods, and

(iii) claiming that the contents relate to the inmate's affairs and are legally privileged, and

(iv) including the name and contact details of a person who can be contacted to confirm that the letter or parcel was in fact sent by the legal practitioner, and

(b) a nominated officer has confirmed with the legal practitioner that the practitioner has in fact sent it and addressed it to the inmate.

(5) A nominated officer may require a Category AA male inmate, a Category 5 female inmate, an extreme high risk restricted inmate or a national security interest inmate to open any letter or parcel from an exempt body or legal practitioner in the presence of the nominated officer, if of the opinion that it may contain prohibited goods or contravene this Regulation.

(6) If a letter or parcel opened by, or in the presence of, the governor or a nominated officer contains prohibited goods or contravenes this Regulation, the governor or nominated officer must confiscate the letter or parcel and its contents and deal with it in accordance with the directions of the Commissioner.

(7) The Commissioner may, on the application of an exempt person, make an order declaring that any specified provision of this Regulation is to apply (either unconditionally or subject to conditions) to letters and parcels sent to or by that person as if that person were an exempt body and, on the making of the order, the provision so applies.

(8) An inmate need not be informed of any action taken under this clause.

(9) This clause applies to fax transmissions in the same way as it applies to letters and parcels.