29Rights of prisoners and detainees

### 29 Rights of prisoners and detainees > > (1)  Every prisoner and detainee has the following rights: > > > > > > (a) if not ordinarily engaged in outdoor work, the right to be in the open air for at least an hour each day if the facilities of the prison are suitable for allowing the prisoner or detainee to be in the open air; > > > > > > > (b) the right to be provided with food that is adequate to maintain the health and well-being of the prisoner or detainee; > > > > > > > (c) the right to be provided with special dietary food where the Director is satisfied that such food is necessary for medical reasons or on account of the prisoner's or detainee's religious beliefs or because the prisoner or detainee is a vegetarian; > > > > > > > (d) the right to be provided with clothing that is suitable for the climate and for any work which the prisoner or detainee is required to do and adequate to maintain the health of the prisoner or detainee; > > > > > > > (e) [*\[Section 29 Subsection (1) amended by No. 37 of 2013, s. 11, Applied:01 May 2014\]*](/view/html/inforce/2014-05-01/act-2013-037#GS11@EN) if not serving a sentence of imprisonment, the right to wear suitable clothing owned by the detainee when appearing in court; > > > > > > > (f) the right to have access to reasonable medical care and treatment necessary for the preservation of health; > > > > > > > (g) if intellectually disabled or mentally ill, the right to have reasonable access within the prison or, with the Director's approval, outside the prison to such special care and treatment as a medical officer considers necessary or desirable in the circumstances; > > > > > > > (h) the right to have access to reasonable dental treatment necessary for the preservation of dental health; > > > > > > > (i) the right to practise a religion of the prisoner's choice and, if consistent with prison security and good prison management, to join with other prisoners or detainees in practising that religion and to possess such articles as are necessary for the practice of that religion; > > > > > > > (j) in the case of a prisoner, the right to receive at least one visit each week of at least 30 minutes duration and such other visits as the Director determines; > > > > > > > (k) in the case of a detainee, the right to receive at least 3 visits each week and such other visits as the Director determines; > > > > > > > (l) [*\[Section 29 Subsection (1) amended by No. 30 of 2016, Sched. 2, Applied:16 Nov 2016\]*](/view/html/inforce/2016-11-16/act-2016-030#JS2@Ja3@GC4@EN) the right to send letters to, and receive letters from, the Minister, the Director, an official visitor, the Ombudsman or an officer of the Ombudsman or the Custodial Inspector or an officer of the Inspector without those letters being opened by prison staff; > > > > > > > (m) the right to send and receive other letters uncensored by prison staff; > > > > > > > (n) the right to advise next of kin, or a person with whom the prisoner or detainee has had a longstanding relationship, of imprisonment as soon as possible after the prisoner or detainee is admitted to prison; > > > > > > > (o) the right to have access to legal advice or to apply for legal aid; > > > > > > > (p) the right to be provided with information about the rules and conditions which will govern the prisoner's or detainee's behaviour in custody. > > > (2)  Despite [subsection (1)(m)](#GS29@Gs1@Hpm@EN) , if the Director reasonably believes that any letter sent or received by a prisoner or detainee is a threat to prison security or may be of a threatening or harassing nature, the Director may – > > > > > > (a) if the belief concerns the whole letter, stop the letter from being sent or received by the prisoner; or > > > > > > > (b) if the belief concerns only part of the letter, cause the relevant part of the letter to be censored. > > > (3)  For the purposes of [subsection (1)(n)](#GS29@Gs1@Hpn@EN) , the question of whether a person has had a longstanding relationship with a prisoner or detainee is to be determined by the Director.