35A—Power to monitor or record prisoner communication
(1) Subject to this
section, the CE may monitor or record a communication between a prisoner and
another person.
(2) A party to a
communication that may be monitored or recorded under this section is not
required to be informed of the fact that the communication may be monitored or
recorded, unless the communication occurs in circumstances (if any) prescribed
by the regulations.
(3) The CE must not
monitor or record a communication between a prisoner and—
(a) a
legal practitioner who represents the prisoner, or who is communicating with
the prisoner for the purpose of determining whether or not to represent the
prisoner; or
(ab) the
Independent Commissioner Against Corruption; or
(b) the
Ombudsman; or
(c) the
Health and Community Services Complaints Commissioner; or
(d) a
Member of Parliament; or
(e) a
Visiting Tribunal; or
(f) an
official visitor of the correctional institution in which the prisoner is
detained; or
(g) a
person or body of a class designated by the CE.
(4) The exemption
under subsection (3) applies only if the CE has, before the communication
occurs, authorised the communication.
(5) If a communication
monitored or recorded under this section reveals information about an offence,
the CE must give the information to the Commissioner of Police.
(5a) Despite any other
Act or law (but without limiting subsection (5)), a communication
monitored or recorded under this section or evidence or information revealed
by such a communication may be provided to, and may be received and used
by—
(a)
—
(i)
law enforcement agencies; and
(ii)
prosecution authorities; and
(iii)
any other person or body prescribed by the regulations,
for the purposes of—
(iv)
any criminal investigation or proceedings; or
(v)
proceedings for the imposition of a penalty; or
(vi)
national security (within the meaning of the
National Security Information (Criminal and Civil Proceedings) Act 2004
of the Commonwealth); and
(b) the
Independent Commissioner Against Corruption and the Office for Public
Integrity for the purposes of any investigation or action in relation to
suspected corruption, misconduct or maladministration in public
administration.
(5b) Terms and
expressions used in subsection (5a) and in the Independent Commissioner
Against Corruption Act 2012 have the same respective meanings in that
subsection as they do in that Act.
(6) In this
section—
"communication" includes conversation and a message, and any part of a
conversation or message, whether—
(a) in
the form of—
(i)
speech, music or other sounds; or
(ii)
data; or
(iii)
text; or
(iv)
visual images, whether or not animated; or
(v)
signals; or
(b) in
any other form or in any combination of forms.