18Certain confidential parcels may be inspected

18 Certain confidential parcels may be inspected

(1) This regulation applies if the Governor reasonably suspects that a parcel to, or from, a prisoner contains any unauthorised article or substance, but regulation 17 does not apply.

(2) If the parcel is to, or from, one of the following correspondents—

(a) a lawyer;

(b) the Health Complaints Commissioner;

(c) the Human Rights Commissioner;

(d) the Victorian Legal Services Commissioner appointed under section 51 of the Legal Profession Uniform Law Application Act 2014;

(e) the Information Commissioner appointed under section 6C of the Freedom of Information Act 1982;

(f) the Mental Health Complaints Commissioner appointed under section 226 of the Mental Health Act 2014;

(g) the Victorian Equal Opportunity and Human Rights Commissioner appointed under section 170 of the Equal Opportunity Act 2010;

(h) any person or body listed in regulation 20 or any person authorised to act on their behalf—

the Governor may hold the parcel and notify the prisoner and the correspondent of the Governor's suspicions.

(3) The Governor may open and inspect a parcel referred to in subregulation (2)—

(a) in the presence of the prisoner and a representative of the correspondent; or

(b) in accordance with any alternative arrangement agreed with the correspondent.

(4) If the Governor has not received a response from the correspondent within 7 days after notice is given under subregulation (2), the Governor may require the prisoner to open the parcel to enable the Governor to inspect it.

(5) If the parcel is to, or from, the Minister, a member of the Parliament, the Secretary, or the Commissioner of an independent prison visitor, the Governor may require the prisoner to open the parcel to enable the Governor to inspect it.

(6) If the prisoner refuses a request to open a parcel under subregulation (4) or (5), the Governor may open the parcel.