44Monitoring of telephone calls

44 Monitoring of telephone calls

44 Monitoring of telephone calls

(1) The Secretary may cause an officer authorised for the purpose to monitor one or more of a detainee’s telephone calls.

(1A) The Secretary must arrange for an officer authorised for the purpose to monitor all telephone calls made by a national security interest detainee (other than communications referred to in subclause (4)).

(2) The Secretary may determine the procedure for monitoring telephone calls.

(3) The Secretary must ensure that procedures are in place so that both the maker and the recipient of a telephone call that is monitored are informed that the call is being monitored before the call is made or at the start of the call.

Note.

The Telecommunications (Interception and Access) Act 1979 of the Commonwealth prohibits the interception of a communication passing over a telecommunications system without the knowledge of the person making the communication.

(4) Communications made during a telephone call between a detainee and any of the following persons or bodies are not to be monitored—

(a) an exempt body,

(b) the detainee’s legal practitioner,

(c) the Health Care Complaints Commission,

(d) the Mental Health Helpline,

(e) the Oral Health Hotline.

(5) In this clause, monitor means listen to or record communications made during a telephone call.

cl 44: Am 2018 (576), Sch 1 [7].