200Offenders' rights

200 Offenders' rights (1) An offender residing in a residential treatment facility has the following rights— (a) the right to have access to medical care and treatment necessary for the preservation of health delivered by a registered health practitioner; (b) with the approval of the Commissioner, the right to have access to medical care and treatment delivered, at the offender's expense, by a registered health practitioner chosen by the offender; (c) if the offender has an intellectual disability or mental illness, the right to have reasonable access within the facility or, with the approval of the Commissioner, outside the facility to any special care and treatment that is necessary or desirable in the circumstances; (d) the right to have access to educational programs that can be undertaken in the facility at the expense of the offender; (e) subject to this Act, the right to receive at least one visit which is to last at least half an hour in each week, excluding visits from a registered health practitioner, lawyer or independent prison visitor; (f) the right to make complaints concerning the management of the facility to any of the following— (i) the officer in charge of the facility; (ii) the Authority; (iii) the Minister; (iv) any other member of Parliament; (v) the Secretary; (vi) the Commissioner; (vii) an independent prison visitor; (viii) the Ombudsman; (ix) the Human Rights Commissioner appointed under section 8B of the Australian Human Rights Commission Act 1986 of the Commonwealth; (x) the Victorian Equal Opportunity and Human Rights Commission continued in existence by section 154 of the **Equal Opportunity Act 2010**; (xi) the Independent Broad-based Anti‑corruption Commission established under section 12 of the **Independent Broad-based Anti‑corruption Commission Act 2011**; S. 200(1)(f)(xii) amended by No. 31/2024 s. 113(Sch. 1 item 31.1). (xii) Integrity Oversight Victoria established under section 8 of the **Integrity Oversight Victoria Act 2011**; (g) subject to section 201, the right to send letters to, and receive letters from, any of the following without those letters being opened by the Commissioner, the officer in charge or a person working at a residential treatment facility— (i) a person or body referred to in paragraph (f); (ii) the Health Complaints Commissioner; S. 200(1)(g)(iii) substituted by No. 39/2022 s. 866 (as amended by No. 20/2023 s. 49(14)). (iii) the Mental Health and Wellbeing Commission established by section 411 of the **Mental Health and Wellbeing Act 2022**; (iv) the Victorian Legal Services Commissioner appointed under section 51 of the **Legal Profession Uniform Law Application Act 2014**; (v) the Information Commissioner appointed under section 6C of the **Freedom of Information Act 1982**; (vi) a lawyer representing the offender or from whom the offender is seeking legal advice; (h) subject to this Act, the right to send and receive other letters; (i) the right to be provided with information, in a format that is easily understood and as soon as practicable after being received at a residential treatment facility, concerning— (i) the offender's rights and responsibilities; and (ii) the rules, routines and procedures of the facility; and (iii) the processes for making complaints; (j) the right to access food that is adequate to maintain the health and wellbeing of the offender, including any special dietary food; (k) the right to be provided with food where the Commissioner is satisfied that the food is necessary for medical reasons or to deal with an emergency; (l) the right to wear suitable clothing owned by the offender; (m) the right to practise a religion of the offender's choice and, if consistent with the good order of the facility or the safety and welfare of offenders, staff or visitors, to join with other offenders in practising that religion and to possess any articles that are necessary for the practise of that religion. (2) An offender's rights under this section are additional to, and do not affect, any other rights which an offender has under any other Act or at common law. (3) An offender's rights under this section are subject to— (b) any directions of the Authority. (4) In this section— ***registered health practitioner*** has the same meaning as in the Health Practitioner Regulation National Law.