CTHRepealedAct
Law Enforcement Integrity Commissioner Act 2006
24Referral under section 23 by person in custody
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#### 24 Referral under section 23 by person in custody
Application of section
(1) This section applies if a person who is detained in custody (the prisoner) wishes to refer an allegation or information to the Integrity Commissioner under section 23.
(2) A reference in this section to a custodian is a reference to:
(a) the person in whose custody the prisoner is detained; or
(b) any other person performing duties in connection with the prisoner’s detention.
Facilities to be provided for communicating with Integrity Commissioner
(3) The prisoner is entitled to be provided with facilities for:
(a) preparing a written record of the allegation or information; and
(b) for enclosing that written record in a sealed envelope;
if the prisoner requests a custodian to have those facilities provided.
(4) The prisoner is entitled to have sent to the Integrity Commissioner, without undue delay, a sealed envelope that is:
(a) delivered by the prisoner to a custodian; and
(b) addressed to the Integrity Commissioner;
if the prisoner requests a custodian to have the envelope sent to the Integrity Commissioner.
(5) The prisoner is entitled to have delivered to the prisoner, without undue delay, any sealed envelope that:
(a) is addressed to the prisoner; and
(b) is sent by the Integrity Commissioner; and
(c) comes into the possession, or under the control, of a custodian.
Dealing with communications between prisoner and Integrity Commissioner
(6) If:
(a) the prisoner delivers to a custodian a sealed envelope addressed to the Integrity Commissioner for sending to the Integrity Commissioner; or
(b) a sealed envelope addressed to the prisoner and sent by the Integrity Commissioner comes into the possession, or under the control, of a custodian;
neither that custodian, nor any other custodian, is entitled to open the envelope or to inspect any document enclosed in the envelope.
Arrangements with State and Territory prison authorities
(7) For the purposes of this section, the Integrity Commissioner may make arrangements with the appropriate authority of a State or a Territory for the identification and delivery of sealed envelopes sent by the Integrity Commissioner to persons detained in custody in that State or Territory.