92AComplaints etc. by detained person

92A Complaints etc. by detained person

(1) This section applies if a detained person wishes to—

S. 92A(1)(a) amended by No. 31/2024 s. 113(Sch. 1 item 1.152(a)).

(a) provide information or make a complaint to Integrity Oversight Victoria under this Act; or

S. 92A(1)(b) amended by Nos 2/2019 s. 72(Sch. 1 Pt B item 15), 31/2024 s. 113(Sch. 1 item 1.152(a)).

(b) make a disclosure to Integrity Oversight Victoria under Part 2 of the Public Interest Disclosures Act 2012.

S. 92A(2) amended by No. 31/2024 s. 113(Sch. 1 item 1.152(a)).

(2) The detained person may inform the person in charge that he or she wishes to communicate with Integrity Oversight Victoria.

(3) The detained person is not required to inform the person in charge of the content or purpose of that communication.

S. 92A(4) amended by No. 31/2024 s. 113(Sch. 1 item 1.152(a)).

(4) On being informed by the detained person of his or her wish to communicate with Integrity Oversight Victoria, the person in charge must—

(a) take all reasonable steps to facilitate that communication; and

S. 92A(4)(b) amended by No. 31/2024 s. 113(Sch. 1 item 1.152(a)).

(b) subject to subsection (6), immediately forward, unopened, to Integrity Oversight Victoria any letter addressed to Integrity Oversight Victoria by the detained person.

S. 92A(5) amended by No. 31/2024 s. 113(Sch. 1 item 1.152(a)).

(5) Subject to subsection (6), if a letter from Integrity Oversight Victoria is addressed to the detained person, the person in charge must ensure that it is immediately forwarded, unopened, to the detained person.

(6) If a letter referred to in subsection (4)(b) or (5) is suspected by the person in charge to contain drugs, weapons or other contraband, the letter may be opened by the person in charge, or his or her delegate, in the presence of—

S. 92A(6)(a) amended by No. 31/2024 s. 113(Sch. 1 item 1.152(a)).

(a) in the case of a letter addressed to Integrity Oversight Victoria—

(i) the person who wrote the letter; and

S. 92A(6)(a)(ii) amended by No. 31/2024 s. 113(Sch. 1 item 1.152

(ii) an Integrity Oversight Victoria Officer or a person approved in writing by the Chief Integrity Inspector; or

S. 92A(6)(b) amended by No. 31/2024 s. 113(Sch. 1 item 1.152(a)).

(b) in the case of a letter from Integrity Oversight Victoria to the detained person—

(i) the person to whom the letter is addressed; and

S. 92A(6)(b)(ii) amended by No. 31/2024 s. 113(Sch. 1 item 1.152