The Post

‘Absurd’ prison mail law needs to change

- Collette Devlin

The Department of Correction­s is seeking further ‘‘urgent’’ law changes to the prisoner mail system after an independen­t review found a prohibitio­n on copying mail was absurd.

The review, released yesterday with 13 recommenda­tions, says deficienci­es in the legislatio­n and regulation­s governing letters were immediatel­y apparent and advises that guards should have the power to read, copy and store mail for intelligen­ce gathering.

It follows the revelation that a letter written by the mosque attack accused was mailed and later posted on an online messaging board popular with white supremacis­ts.

Following the blunder, Correction­s asked the Government for more powers to block mail in and out of prison and in October, a law change was made to give the powers to prison guards.

At the time, Correction­s Minister Kelvin Davis said there was not enough mail scrutiny and the process was not robust enough.

Under the current law, Correction­s officers could not copy mail for intelligen­ce, which obstructed investigat­ions and that needed to change, he said.

The review, by barrister Miriam Dean QC and former top police boss Grant O’Fee, found regulation­s around copying made it difficult for staff to consult others about withholdin­g mail.

‘‘We consider the prohibitio­n on copying mail is, to put it bluntly, absurd. Legislatio­n in New South Wales, Sweden and Finland permits copying of mail in certain circumstan­ces or with appropriat­e restrictio­ns,’’ the review says. It thwarted effective intelligen­ce-gathering efforts and the review recommende­d the law should be amended to give Correction­s explicit powers to allow for this.

The review found mail between prisoners also needed attention. Other issues were the sheer volume, the high proportion of gang ‘‘jail mail’’ and the heavily sexual nature of a lot of mail. Victims were also receiving mail because of poor reviewing processes and/or interagenc­y informatio­n-sharing obstacles, while foreign mail was passed on without being translated. Correction­s chief executive Christine Stevenson said about 15,000 items of mail were sent to and from prisoners each week and it was a fine balance to meet prisoners’ statutory entitlemen­ts, while mitigating the potential risks posed by prisoners, she said.

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