Document ID: chunk:federal_register_of_legislation:F2018L00265:reg:23
Version: federal_register_of_legislation:F2018L00265
Segment Type: reg
Provision Reference: reg 23
Character Range: 16330–18853

23  Receiving and sending letters and parcels
 (1) Subject to this section, a detainee may send letters or parcels to, and receive letters or parcels from, persons who are not detained on agreeing, in the case of letters or parcels sent by post, to the opening or inspection of those letters or parcels in accordance with this Division.
 (2) A detainee in a detention centre must be permitted to send:
 (a) immediately on being admitted to the detention centre—2 letters; and
 (b) in every week of detention in the detention centre—2 letters; and
 (c) such additional letters as the officer in charge of the detention centre permits.
 (3) If a detainee delivers to the officer in charge of a detention centre, or an approved staff member of the detention centre, a letter addressed by the detainee to the Defence Force Ombudsman, the Inspector‑General ADF, a member of Parliament, a legal practitioner or an authorized officer:
 (a) the officer in charge must cause the letter to be sent to the addressee; and
 (b) the letter must not be opened, inspected or read other than by the person to whom it is addressed or some other person authorised by that person.
 (4) A letter from the Defence Force Ombudsman or Inspector‑General ADF that has been, or purports to have been, addressed to a detainee must not be opened, inspected or read other than by the detainee or another person authorised by the detainee.
 (5) Subject to subsection (6), if:
 (a) a member of Parliament or a legal practitioner sends a detainee a letter in a sealed envelope (the first letter); and
 (b) the first letter is accompanied by a letter addressed to the officer in charge of the detention centre indicating that privilege is claimed in respect of the first letter;
the first letter must not be opened and inspected, or read, by any person other than the detainee or another person authorised by the detainee.
 (6) If the officer in charge of a detention centre or an approved staff member of the detention centre reasonably believes that the first letter may contain money, contraband or any item or matter that is likely to adversely affect the security, discipline or good order of the detention centre:
 (a) the detainee may be required to open the first letter in the presence of the officer in charge or the approved staff member; and
 (b) if the first letter contains money, contraband or any item or matter of that kind—the officer in charge or the approved staff member may impound the money, contraband or that other item or matter.