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Corrections Act 2004

Corrections system - Monitoring, collecting, using, and disclosing prisoner communications and information sources for intelligence purpose - Exemptions

127F: Powers of Governor-General and chief executive to exempt prisoner communications and information sources

You could also call this:

"The Governor-General and chief executive can choose not to monitor some prisoner communications and information."

Illustration for Corrections Act 2004

The Governor-General can make a special order to stop some prisoner communications and information from being monitored. You might wonder who gets this exemption - it could be one or more groups of people. The Governor-General must say why they are exempting these communications. The chief executive can also make exemptions, but they do this in writing and it's usually for a specific person, not a group. They must say why the communications are exempt and for how long. When making these exemptions, they have to think about the purpose of the corrections system, which is explained in section 5 and section 6, and other important considerations like the meaning of an intelligence purpose in section 127B and general considerations in section 127H.

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127E: Exemptions for prisoner communications and information sources with specified persons, or

"Some prison conversations are private, like talks with your lawyer or a Member of Parliament."

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127G: Authorised intelligence persons, or

"Who can be chosen to monitor prisoner communications"

Part 2Corrections system
Monitoring, collecting, using, and disclosing prisoner communications and information sources for intelligence purpose: Exemptions

127FPowers of Governor-General and chief executive to exempt prisoner communications and information sources

  1. The Governor-General may, by Order in Council, on the recommendation of the Minister, specify—

  2. 1 or more classes of persons whose prisoner communications and information sources with prisoners must not be monitored, collected, used, or disclosed under this subpart; and
    1. the purpose for which the prisoner communications and information sources are exempt.

      1. The chief executive may, in writing, specify—

      2. a named individual (other than a prisoner) whose prisoner communications and information sources with 1 or more prisoners must not be monitored, collected, used, or disclosed under this subpart; and
        1. the purpose and the period for which the prisoner communications and information sources are exempt.

          1. The purpose of the exemption must take into account the following:

          2. the purpose of the corrections system set out in section 5 and the principles guiding the corrections system set out in section 6:
            1. the meaning of an intelligence purpose set out in section 127B:
              1. the general considerations set out in section 127H.

                1. A reason must be specified in the order, or in writing by the chief executive, for the exemption.

                2. An order under subsection (1) is secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements).

                Notes
                • Section 127F: inserted, on , by section 36 of the Corrections Amendment Act 2024 (2024 No 41).