47CAll other letters and parcels may be opened and read

47C All other letters and parcels may be opened and read

An officer within the meaning of Part 5 may open, inspect and read a letter or parcel sent to, or received by, a prisoner by or from any person who is not listed or referred to in section 47(1)(m) to determine whether or not the contents of the letter or parcel may jeopardise the safety and security of the prison, the safe custody and welfare of any prisoner or the safety of the community.

S. 47CA inserted by No. 35/2020 s. 49.

47CA Certain letters and other items may be copied and disposed of

(1) A designated officer may make a true copy of any letter or other item capable of being copied that is sent to or received by a prisoner by or from any person not listed or referred to in section 47(1)(m).

(2) If a designated officer has made a copy under subsection (1), the officer—

(a) subject to this Division, must provide the copy to the prisoner; and

(b) must notify the prisoner as soon as practicable that the original letter or item has been forfeited to the State; and

(c) may dispose of the original letter or item in any manner the officer considers to be appropriate.

(3) If a letter or item is copied under subsection (1)—

(a) in the case of a letter, the copy may be dealt with under section 47D as if it were the original letter; and

(b) the original letter or item is forfeited to the State.

(4) For the purposes of subsection (1), the designated officer—

(a) must make a colour copy if the original letter or item appears in colour and it is reasonably practicable to make a colour copy; and

(b) may make a copy in an electronic form.

(5) In this section, designated officer means—

(c) an employee in the public service working in a prison or with prisoners.

S. 47D (Heading) substituted by No. 97/2004 s. 3(1), amended by No. 45/2019 s. 26(1).

S. 47D inserted by No. 45/2001 s. 33.

47D When letters and parcels may be stopped and censored

S. 47D(1) amended by Nos 97/2004 s. 3(2), 45/2019 s. 26(2)(a).

(1) This section applies if the Governor reasonably believes that any letter or parcel to be sent by a prisoner to, or sent to a prisoner by, any person who is not listed in section 47(1)(m)—

(a) is a threat to prison security; or

S. 47D(1)(ab) inserted by No. 12/2014 s. 6, amended by No. 45/2019 s. 26(2)(a).

(ab) in the case of a letter or parcel sent by a prisoner to another prisoner or a former prisoner, may be a threat to the good order, management or security of a prison or prisoner; or