sec.45Opening, searching and censoring mail

### sec.45 Opening, searching and censoring mail A corrective services officer authorised by the chief executive may open, search and censor a prisoner’s ordinary mail. A corrective services officer authorised by the chief executive may, in a prisoner’s presence, open and search the prisoner’s privileged mail or mail purporting to be privileged mail, if the officer reasonably suspects the mail— contains— something that may physically harm the person to whom it is addressed; or a prohibited thing; or is not privileged mail. However, a corrective services officer mentioned in subsection (2) must not read a prisoner’s privileged mail, other than to establish that it is privileged mail, without the prisoner’s written consent. If a corrective services officer reads a prisoner’s privileged mail, the officer must not disclose the contents to any person. Maximum penalty—100 penalty units or 2 years imprisonment. Subject to sections 46 to 48 , after a prisoner’s mail has been searched or censored it must be— for incoming mail—immediately delivered to the prisoner to whom it is addressed; or for outgoing mail—immediately placed into the external mail system. (sec.45-ssec.1) A corrective services officer authorised by the chief executive may open, search and censor a prisoner’s ordinary mail. (sec.45-ssec.2) A corrective services officer authorised by the chief executive may, in a prisoner’s presence, open and search the prisoner’s privileged mail or mail purporting to be privileged mail, if the officer reasonably suspects the mail— contains— something that may physically harm the person to whom it is addressed; or a prohibited thing; or is not privileged mail. (sec.45-ssec.3) However, a corrective services officer mentioned in subsection (2) must not read a prisoner’s privileged mail, other than to establish that it is privileged mail, without the prisoner’s written consent. (sec.45-ssec.4) If a corrective services officer reads a prisoner’s privileged mail, the officer must not disclose the contents to any person. Maximum penalty—100 penalty units or 2 years imprisonment. (sec.45-ssec.5) Subject to sections 46 to 48 , after a prisoner’s mail has been searched or censored it must be— for incoming mail—immediately delivered to the prisoner to whom it is addressed; or for outgoing mail—immediately placed into the external mail system. - (a) contains— (i) something that may physically harm the person to whom it is addressed; or (ii) a prohibited thing; or - (i) something that may physically harm the person to whom it is addressed; or - (ii) a prohibited thing; or - (b) is not privileged mail. - (i) something that may physically harm the person to whom it is addressed; or - (ii) a prohibited thing; or - (a) for incoming mail—immediately delivered to the prisoner to whom it is addressed; or - (b) for outgoing mail—immediately placed into the external mail system.