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s 25

Monitoring mail

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Part 3Contact
Division 3.3Contact—monitoring mail

25 Monitoring mail

(1)

This section applies if the director-general suspects on reasonable grounds that the contents of the mail of a patient—

(a)

includes a prohibited thing; or

(b)

may affect the security or good order of, or the safety of a patient or other person at, the facility.

(2)

However, this section does not apply to mail a patient sends to or receives from an accredited person.

Note Accredited person—see the dictionary.

(3)

The director-general may search the patient’s mail.

(4)

The director-general must—

(a)

before searching a patient’s mail—tell the patient about the director-general’s suspicion and that the patient’s mail will be searched; and

(b)

allow the patient, or a person named by the patient, to be present when the mail is searched.

(5)

The director-general must record in the patient’s health record the details of a search conducted under this section including—

(a)

the date of the search; and

(b)

the reasons for the search; and

(c)

the outcome of the search.

(6)

In this section:

mail, of a patient, means—

(a)

mail addressed to the patient; or

(b)

mail from the patient addressed to another person.

search, a patient’s mail—

(a)

includes search the mail—

(i)

with a device using electronic or other technology; and

(ii)

by physical means; but

(b)

does not include reading any correspondence included in the mail.

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Section 25 — Monitoring mail — Mental Health (Secure Facilities) Act 2016 (Australian Capital Territory) — Barrister AI