A.05.01.R4 Information on Reading and withholding Prisoner Mail

Information to Prisoners on entry to a Prison

In accordance with Section 110B of the Act, the Prison Manager must provide each prisoner with information in writing as part of the prison induction process and in such a way that the prisoner can understand that their correspondence:

1. May be opened and read; and
2. May be withheld on the following grounds.
   1. The prisoner or the other person asks the manager to do so; or
   2. The other person is under 16 years, and his or her guardian asks the manager to do so; or
   3. The other person is a prisoner, and neither prisoner has notified the Prison Manager of his or her intention to correspond; or
   4. It is correspondence the manager believes on reasonable grounds is likely to:
      1. threaten or intimidate a person to whom it is being sent; or
      2. endanger the safety or welfare of any person; or
      3. pose a threat to the security of the prison; or
      4. promote or encourage the commission of an offence, or involve, or facilitate the commission or possible commission of, an offence; or
      5. prejudice the maintenance of the law (including the prevention, detection, investigation, prosecution, and punishment of offences, and the right to a fair trial); or
      6. breach an order or direction of any court or constitute contempt of court.
3. Mail from an Official Agency, or a Member of Parliament to a prisoner or from a prisoner to an Official Agency, or a Member of Parliament will not be opened.
4. Mail from a Legal Adviser to a prisoner (with a covering letter to the prison manager stating that they are acting in a professional capacity) and mail from a prisoner to their legal advisor business address will not be opened by prison staff, unless:
   1. the mail appears to contain an unauthorised item; or
   2. the mail does not appear to relate to the prisoner’s legal affairs.
5. Where mail between a legal advisor and a prisoner is to be opened and read this is to be done in the presence of the prisoner.
6. The Privacy Act 1993 applies to any activity authorised under any of sections 104 to 110B relating to correspondence to or from a prisoner.”

Information on Reading and withholding Prisoners Mail Notices

In accordance with Section 110B of the Act, Prison managers must provide and maintain written notices (refer A.05.01.F1 – Mail Monitoring Notice) prominently in every prison that:

• warn prisoners that their mail maybe opened, read, and withheld; and
• the grounds for withholding prisoners mail.