Mental Health Act 2013

A forensic patient in an SMHU has, and may exercise subject to and in accordance with this section – the right to send or refuse to send mail; and the right to receive mail or refuse to receive mail.

However, the rights conferred by subsection (1) may be exercised only at reasonable times and intervals determined by a responsible official.

A responsible official may refuse to allow the patient to send or receive mail to or from a person other than a privileged correspondent if – the responsible official reasonably considers that there are proper grounds to do so; or in the case of outgoing mail, the responsible official is aware that the addressee does not wish to receive mail from the patient; or in the case of incoming mail, the responsible official reasonably considers the mail to be promotional, funds touting or any other form of junk mail.

A responsible official may refuse to allow the patient to send or receive mail to or from a privileged correspondent if – in the case of outgoing mail, the responsible official is aware that the privileged correspondent does not wish to receive mail from the patient; or in the case of incoming mail, the responsible official is aware that the patient does not wish to receive mail from the privileged correspondent.

A responsible official may require that any mail sent to or received by the patient, other than mail sent to or by a privileged correspondent, be opened and read by an authorised person.

If the patient wishes to send or receive mail for which a charge or fee is payable by the sender or recipient, a responsible official may require the patient to do so at his or her own expense.

The application of this section to mail extends to email but only if the relevant SMHU has that facility.

In this section – mail includes any part of the mail. The exercise of correspondence rights under this Division is reviewable by the Tribunal – see Division 2 of Part 3 of Chapter 3. The Chief Psychiatrist has power to intervene in respect of the exercise of such rights if the Chief Psychiatrist is not the relevant decision-maker– see section 147.