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This is a Bill, not an Act. For current law, see the Acts databases.


COURT SECURITY AND CUSTODIAL SERVICES BILL 1998

                  Western Australia



Court Security and Custodial Services
              Bill 1998


                    CONTENTS




              Part 1 -- Preliminary
1.    Short title                                      2
2.    Commencement                                     2
3.    Definitions                                      2
4.    Interpretation of "hospital" and "person
      apprehended under the Mental Health Act"         8
5.    Interpretation of "security, good order or
      management"                                      8
6.    Crown bound                                      8

 Part 2 -- Administration of court security and
             custodial services
        Division 1 -- CEO's responsibilities
      Subdivision 1 -- Court security services
7.    Court security services                          9
        Subdivision 2 -- Custodial services
8.    Management etc. of court custody centres         9


                                                   page i


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Court Security and Custodial Services Bill 1998



Contents



      9.         Responsibilities as to persons in custody at court
                 premises                                               10
      10 .       Property management at court custody centres           10
      11 .       Management etc. of lock-ups                            10
      12 .       Responsibilities as to persons in lock-ups             10
      13 .       Property management at lock-ups                        11
      14 .       Responsibilities as to persons in custody at certain
                 other custodial places                                 11
      15 .       Moving persons in custody and intoxicated
                 detainees between custodial places                     12
      16 .       Property management for certain persons in custody     13
             Division 2 -- Framework for administering court
                       security and custodial services
      17 .       Contracts with private sector                          13
      18 .       Arrangements with Commissioner of Police and
                 public sector                                          14
      19 .       Delegation                                             14
      20 .       CEO has Schedule powers                                15
      21 .       Powers of contract workers                             15
      22 .       Powers of police officers                              16
      23 .       Powers of certain court officers                       16
      24 .       CEO may authorize certain other persons to
                 exercise powers                                        17
      25 .       Authorized persons may use reasonable force            18
      26 .       Responsibility of certain authorized persons for
                 escapes etc.                                           18
                  Division 3 -- Other matters relating to
              administration of court security and custodial
                                   services
      27 .       Minister may give directions                           19
      28 .       Minister to be informed of certain events              19
      29 .       Separation of certain kinds of persons in custody
                 and intoxicated detainees                              20


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                                                             Contents



30 .      Young persons to be dealt with in accordance with
          Young Offenders Act 1994                                  20
31 .      CEO may make rules                                        20
32 .      CEO may ban certain persons from visiting
          lock-ups or court custody centres                         21
33 .      Right of entry of certain judicial officers to lock-ups
          and court custody centres                                 22
       Division 4 -- Court security and court custodial
                            services
34 .      Court powers not affected by this Act                     22
35 .      CEO to consult relevant chief judicial officer on
          certain matters                                           22
36 .      Sheriff's role                                            24

       Part 3 -- Contracts for court security and
                  custodial services
   Division 1 -- Matters relating to contracts generally
37 .     Minimum matters to be included in contracts                25
38 .     Minimum standards                                          26
39 .     Contract workers in court premises are subject to
         judicial direction                                         26
40 .     Public Sector Management Act 1994 not applicable           27
41 .     Minister, CEO etc. may have access to certain
         places, persons, vehicles and documents                    27
42 .     Administrators and investigators may have access to
         certain places, persons, vehicles and documents            29
43 .     CEO may set up inquiry                                     29
44 .     Annual reports                                             31
45 .     No contracting out                                         31
      Division 2 -- Vetting and control of contract
     workers in relation to high-level security work
46 .     Interpretation in this Division of "offence for which
         the contract worker is convicted"                          31

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      47 .       High-level security work                              32
      48 .       CEO may declare other kinds of work to be
                 high-level security work                              32
      49 .       Contract workers require permits to do high-level
                 security work                                         33
      50 .       Issue of permits to do high-level security work       33
      51 .       Information about applicants for permits              34
      52 .       Taking of fingerprints and palmprints                 35
      53 .       Refusal to issue permits                              35
      54 .       Determining suitability of contract workers to keep
                 holding permits                                       36
      55 .       Suspension or revocation of permits                   37
      56 .       Gazettal of permit details                            38
      57 .       Directions to contract workers about high-level
                 security work                                         38
             Division 3 -- Intervention in, and termination of,
                                  contracts
      58 .       Intervention in contracts                             39
      59 .       Termination or suspension of contracts                39
      60 .       Administrator where intervention in contract          40
      61 .       Administrator where termination or suspension of
                 contract                                              41
      62 .       Administrator's functions                             41
      63 .       Compliance with administrator's directions            42
      64 .       Requisitioning property on intervention in, or
                 termination of, contract                              42

          Part 4 -- How authorized persons take charge
           of, and move, persons in the custody of law
                     enforcement officers
                           Division 1 -- General
      65 .       Definition of "request"                               43


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                                                        Contents



66 .     Authorized persons to comply with requests, subject
         to contract                                            43
67 .     Presumption that persons are in legal custody          43
68 .     Custodial status not affected by requests              43
   Division 2 -- Law enforcement officers may request
     authorized persons to take charge of, and move,
                     persons in custody
69 .     Meaning of "authorized person" and "person in
         custody" in this Division                              44
70 .     Law enforcement officers may request authorized
         persons to take charge of persons in custody at
         certain custodial places                               44
71 .     Law enforcement officers may request authorized
         persons to move persons in custody between
         custodial places                                       44
72 .     Law enforcement officers' powers not affected          45
73 .     Form of requests                                       45
   Division 3 -- Police officers may request authorized
     persons to take charge of persons apprehended
               under the Mental Health Act
74 .     Meaning of "authorized person" in this Division        45
75 .     Police officers may request authorized persons to
         take charge of persons apprehended under the
         Mental Health Act, at lock-ups                         45
76 .     Police officers' powers not affected                   46
77 .     Form of requests                                       46
   Division 4 -- Police officers may request authorized
     persons to take charge of, and move, intoxicated
                           detainees
78 .     Meaning of "authorized person" in this Division        46
79 .     Police officers may request authorized persons to
         take charge of intoxicated detainees at lock-ups       46



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      80 .     Police officers may request authorized persons to
               move intoxicated detainees between certain
               custodial places                                      47
      81 .     Police officers' powers not affected                  47
      82 .     Form of requests                                      47

                          Part 5 -- Offences
      83 .     Possession of firearms and other weapons at certain
               custodial places and in vehicles                      48
      84 .     Certain articles not to be brought into certain
               custodial places and vehicles                         49
      85 .     Hindering or resisting                                49

                       Part 6 -- Miscellaneous
      86 .     Courts may order or direct authorized persons to
               take charge of, and move, persons in custody          50
      87 .     Protection from liability                             50
      88 .     Possession of firearms, prohibited drugs etc. by
               authorized persons                                    51
      89 .     Exchange of information                               52
      90 .     Confidentiality                                       52
      91 .     Assistance by police officers                         53
      92 .     Evidentiary provision                                 54
      93 .     Regulations                                           54

             Schedule 1 -- Powers in relation to court
                        security services
      1.       Meaning of "court premises" in this Schedule          56
      2.       Power to identify persons at court premises           56
      3.       Power to deal with disorderly or suspicious persons
               at court premises                                     57
      4.       Power to search persons and their possessions at
               court premises                                        57

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                                                           Contents



5.       Power to require property to be deposited at court
         premises                                                  59
6.       Further powers to refuse entry to, or remove
         persons from, court premises                              59
7.       Power to seize property from persons visiting court
         premises                                                  60

     Schedule 2 -- Powers in relation to custodial
                     services
   Division 1 -- Powers in relation to taking charge of,
               and moving, persons in custody
1.        Power to take charge of, and move, persons in the
          custody of law enforcement officers                      61
2.        Power to take charge of, and move, prisoners and
          detainees                                                61
3.        Power to take charge of, and move, persons in court
          custody                                                  62
4.        Power to move young persons remanded for
          observation                                              62
5.        Power to move mentally ill or mentally impaired
          defendants                                               63
     Division 2 -- Powers in relation to keeping persons
                          in custody
6.        Powers in this Division apply in relation to exercise
          of Division 1 powers                                     63
7.        Power to take particulars of identity of persons in
          custody                                                  63
8.        Power to search persons in custody and their
          possessions                                              63
9.        Power to seize property from persons in custody          64
10 .      Power to take persons in custody from certain
          custodial places for medical treatment                   65
11 .      Power to issue orders to persons in custody              65

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       12 .     Power to restrain persons in custody                    66
       13 .     Power to prevent communication etc. with persons
                in custody                                              67
       14 .     Power to make charges of prison offences                68
       15 .     Power to make charges of detention offences             68
              Division 3 -- Powers in relation to intoxicated
                                 detainees
       16 .     Powers as to intoxicated detainees                      68
              Division 4 -- Powers in relation to visitors to
                    lock-ups and court custody centres
       17 .     Interpretation                                          68
       18 .     Power to identify visitors to lock-ups and court
                custody centres                                         69
       19 .     Power to deal with disorderly or suspicious visitors
                to lock-ups and court custody centres                   69
       20 .     Power to search visitors and their possessions at
                lock-ups and court custody centres                      70
       21 .     Power to require visitors to lock-ups and court
                custody centres to deposit property                     70
       22 .     Further powers to refuse entry to, or remove visitors
                from, lock-ups and court custody centres                70

                Schedule 3 -- Powers in relation to
                          apprehension
       1.       Power to apprehend and detain certain persons           72




page viii
                           Western Australia



                     LEGISLATIVE ASSEMBLY

                      (As amended in Committee)




    Court Security and Custodial Services
                  Bill 1998
                               A Bill for


An Act to provide for the administration of court security and
custodial services; for persons to have certain powers in respect of
those services; and for related matters.



The Parliament of Western Australia enacts as follows:




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     Court Security and Custodial Services Bill 1998
     Part 1       Preliminary

     s. 1



                            Part 1 -- Preliminary
     1.       Short title
              This Act may be cited as the Court Security and Custodial
              Services Act 1998.

 5   2.       Commencement
              This Act comes into operation on such day as is, or such days as
              are respectively, fixed by proclamation.

     3.       Definitions
              In this Act, unless the contrary appears --
10            "administrator" means a person appointed or engaged under
                  section 60 or 61;
              "adult" means anyone except a young person;
              "authorized person", in relation to a Schedule power, means a
                  person who is authorized to exercise the power;
15            "CEO" means the chief executive officer of the Department;
              "CEO's rules" means rules made under section 31;
              "chief judicial officer of a court" includes the person in charge
                  of proceedings at a place which is not a court but is a
                  place --
20                (a) at which a person or body acts judicially; or
                  (b) that a person can be required to attend under a
                        summons issued under a written law;
              "contract" means a contract entered into under section 17;
              "contractor" means a person, other than the CEO, who has
25                entered into a contract;




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                     Court Security and Custodial Services Bill 1998
                                         Preliminary          Part 1

                                                                s. 3



     "contract worker" means a natural person who is --
         (a) a contractor or an employee or agent of a contractor;
               or
         (b) a subcontractor or an employee or agent of a
 5             subcontractor;
     "court custodial services" means the custodial services
         referred to in sections 8, 9, and 10;
     "court custody centre" means a part of court premises, other
         than the dock in a courtroom --
10       (a) that is set aside as a place where persons in custody
               are detained; and
         (b) that is not accessible to the members of the public
               without permission of the person in charge of the
               place;
15   "court premises" includes --
         (a) a courtroom;
         (b) a court custody centre;
         (c) the building in which a courtroom or court custody
               centre is located;
20       (d) where a portion only of a building is used for court
               purposes, that portion of the building; and
         (e) the car parking and other areas within the external
               precincts of the building that are used for court
               purposes;
25   "courtroom" means --
         (a) a place at which a person or body acts judicially;
         (b) a place that a person can be required to attend under a
               summons issued under a written law; or




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     Part 1       Preliminary

     s. 3



                   (c)  a place at which a videolink or other device exists
                        whereby, at the same time, the person presiding in a
                        place referred to in paragraph (a) or (b) can see and
                        hear a person who is at another place and who would
 5                      otherwise be attending the place referred to in
                        paragraph (a) or (b) in person, and vice versa;
              "court security service" means a matter for which the CEO is
                  responsible under section 7;
              "custodial place" means any of the following places --
10                (a) a police station;
                  (b) a lock-up;
                  (c) a court custody centre;
                  (d) any other part of court premises;
                  (e) a hospital or other place outside a prison or detention
15                      centre when attended by a person in custody for
                        medical treatment;
                   (f) an authorized hospital or a declared place as those
                        terms are defined in section 23 of the Criminal Law
                        (Mentally Impaired Defendants) Act 1996;
20                (g) a prison;
                  (h) a detention centre;
                   (i) a place to which a prisoner has been removed under
                        section 28 of the Prisons Act 1981;
                   (j) a place attended by a prisoner under section 83 of the
25                      Prisons Act 1981;
                  (k) a place to which a young person is remanded under
                        section 49 of the Young Offenders Act 1994 for
                        observation;




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                      Court Security and Custodial Services Bill 1998
                                          Preliminary          Part 1

                                                                  s. 3



          (l)   a place attended by a detainee under section 188(4) of
                the Young Offenders Act 1994;
     "custodial service" means a matter for which the CEO is
          responsible under Subdivision 2 of Division 1 of Part 2;
 5   "custodial status", in relation to a person, means the person's
          status of being in legal custody or otherwise;
     "Department" means the department of the Public Service
          principally assisting the Minister in the administration of
          this Act;
10   "detainee" has the definition that it has in the Young Offenders
          Act 1994;
     "detention centre" has the definition that it has in the Young
          Offenders Act 1994;
     "doctor" means a person who is registered under the Medical
15        Act 1894 and who has a current entitlement to practise
          under that Act;
     "document" includes any means of storing or recording
          information;
     "frisk search", in relation to a person, means a quick search of
20        the person by the rapid and methodical running of hands
          over the person's outer garments;
     "high-level security work" means --
          (a) work specified in section 47 as high-level security
                work; and
25        (b) work declared as high-level security work under
                section 48;
     "intervene", in relation to a contract, means --
          (a) to give directions as to the manner in which a service
                that is a subject of the contract is to be provided; or
30        (b) to provide a service that is a subject of the contract;


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     Part 1       Preliminary

     s. 3



              "intoxicated detainee" means a person detained under Part VA
                  of the Police Act 1892;
              "law enforcement officer" means a person who is authorized
                  under a law of the State or the Commonwealth to arrest or
 5                apprehend a person;
              "lock-up" means a place prescribed by the regulations to be a
                  lock-up for the purposes of this Act;
              "medical treatment" includes psychiatric treatment as defined
                  in section 3 of the Mental Health Act 1996 and dental
10                treatment;
              "nurse" means a registered nurse, that is, a person whose name
                  is entered in Division 1 of the register as defined in the
                  Nurses Act 1992;
              "permit" means a permit issued under section 50 to do
15                high-level security work;
              "person in custody" means a person of any age who is in
                  custody under a law of the State or the Commonwealth and
                  in the case of a written law, whether or not that law has
                  been repealed, except --
20                 (a) an intoxicated detainee; and
                  (b) a person who is in custody only because he or she is
                         an involuntary patient as defined in the Mental
                         Health Act 1996 or is otherwise detained under that
                         Act unless the person is apprehended under an order
25                       made under section 34, 41, 71, 84 or 195 of that Act
                         and placed in a lock-up while arrangements are made
                         for a police officer to take the person to a place under
                         that Act;
              "person in court custody" means --
30                 (a) a person who has appeared in court as required by his
                         or her bail undertaking;


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                      Court Security and Custodial Services Bill 1998
                                          Preliminary          Part 1

                                                                  s. 3



         (b)    a person other than a prisoner or detainee who is
                remanded to be held in custody at court premises;
          (c) a person who a court has ordered to be taken into
                custody at court premises; or
 5       (d) a person who is taken into custody by the sheriff or a
                bailiff outside court premises and brought directly to
                the court;
     "police officer" means a person appointed --
          (a) under Part I of the Police Act 1892 to be a member of
10              the Police Force of Western Australia;
         (b) under Part III of the Police Act 1892 to be a special
                constable; or
          (c) under section 38A of the Police Act 1892 to be an
                aboriginal aide;
15   "prison" has the definition that it has in the Prisons Act 1981;
     "prisoner" has the definition that it has in the Prisons Act 1981;
     "prison officer" has the definition that it has in the Prisons
         Act 1981;
     "Schedule power" means a power that is set out in Schedule 1,
20       2 or 3;
     "security" includes watching, guarding, keeping secure or
         protecting;
     "sheriff" means the sheriff referred to in section 156 of the
         Supreme Court Act 1935;
25   "subcontractor" means a subcontractor of a contractor and
         includes a person with whom a subcontractor contracts and
         a person with whom that person contracts;
     "vehicle" means any means of transporting people including
         aircraft and vessels;



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     Court Security and Custodial Services Bill 1998
     Part 1       Preliminary

     s. 4



                "young person" has the definition that it has in the Young
                    Offenders Act 1994.

     4.         Interpretation of "hospital" and "person apprehended
                under the Mental Health Act"
 5        (1)   Except in paragraph (f) of the definition of "custodial place", a
                reference in this Act to a hospital does not include a reference to
                an authorized hospital as defined in section 23 of the Criminal
                Law (Mentally Impaired Defendants) Act 1996.
          (2)   A reference in this Act to a person apprehended under the
10              Mental Health Act is a reference to a person who has been
                apprehended under an order made under section 34, 41, 71, 84
                or 195 of the Mental Health Act 1996.

     5.         Interpretation of "security, good order or management"
                A reference in this Act to the security, good order or
15              management of a place or vehicle includes, without limiting any
                other interpretation --
                  (a) the safety of all persons who work at, or otherwise
                        attend, the place or who work on, near or in the vehicle;
                  (b) the safety and welfare of all persons in custody and
20                      intoxicated detainees at the place or in the vehicle; and
                  (c) the good order or management of legal proceedings or
                        other business conducted at the place.

     6.         Crown bound
                This Act binds the Crown not only in right of the State but also,
25              so far as the legislative power of Parliament permits, the Crown
                in all its other capacities.




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                                    Court Security and Custodial Services Bill 1998
                Administration of court security and custodial services      Part 2
                                                 CEO's responsibilities  Division 1
                                                                                s. 7



            Part 2 -- Administration of court security and
                        custodial services
                         Division 1 -- CEO's responsibilities
                         Subdivision 1 -- Court security services

 5   7.          Court security services
          (1)    In this section --
                 "court premises" does not include any court custody centre
                      that is part of those premises.
          (2)    The CEO is responsible for --
10                (a) providing for the protection of --
                           (i)   people who work at court premises;
                           (ii)  people who are required to attend court premises as
                                 a witness or juror or in the course of work; and
                          (iii) other people in a courtroom,
15                    from physical harm or loss of liberty that is threatened or
                      deliberately imposed by another person;
                   (b) providing for the maintenance of order in court premises;
                   (c) the security of buildings and other real property located
                         within or comprising court premises; and
20                 (d) the management and safekeeping of personal property
                         held on behalf of visitors to court premises.

                            Subdivision 2 -- Custodial services

     8.          Management etc. of court custody centres
                 The CEO is responsible for the management, control and
25               security of court custody centres.


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     Court Security and Custodial Services Bill 1998
     Part 2       Administration of court security and custodial services
     Division 1   CEO's responsibilities
     s. 9



     9.          Responsibilities as to persons in custody at court premises
                 The CEO is responsible for the security, control, safety, care
                 and welfare of --
                   (a) a person in custody who is in a court custody centre; and
 5                 (b) a person in custody who is within any other part of court
                        premises except a person who is in the custody of a law
                        enforcement officer other than the sheriff or a bailiff and
                        who has not been dealt with by a court.

     10.         Property management at court custody centres
10               The CEO is responsible for the management and safekeeping of
                 personal property held on behalf of --
                   (a) persons in custody for whom the CEO is responsible
                        under section 9; or
                   (b) visitors to court custody centres.

15   11.         Management etc. of lock-ups
                 The CEO is responsible for the management, control and
                 security of lock-ups.

     12.         Responsibilities as to persons in lock-ups
           (1)   The CEO is responsible for the security, control, safety, care
20               and welfare of a person in custody who is in a lock-up if --
                   (a)   an authorized person has taken charge of the person in
                         custody in response to a request under section 70(a) or
                         75; or
                  (b)    a police officer assigned to the lock-up has taken charge
25                       of the person in custody.




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                                     Court Security and Custodial Services Bill 1998
                 Administration of court security and custodial services      Part 2
                                                  CEO's responsibilities  Division 1
                                                                                s. 13



           (2)    The CEO is responsible for the security, control, safety, care
                  and welfare of an intoxicated detainee who is in a lock-up if --
                    (a) an authorized person has taken charge of the intoxicated
                         detainee in response to a request under section 79; or
 5                  (b) a police officer assigned to the lock-up has taken charge
                         of the intoxicated detainee.

     13.          Property management at lock-ups
                  The CEO is responsible for the management and safekeeping of
                  personal property held on behalf of --
10                  (a) persons in custody and intoxicated detainees for whom
                         the CEO is responsible under section 12; or
                    (b) visitors to lock-ups.

     14.          Responsibilities as to persons in custody at certain other
                  custodial places
15         (1)    The CEO is responsible for the security, control, safety, care
                  and welfare of a person in court custody who is at a hospital or
                  other place that is attended by the person in court custody for
                  medical treatment if a court has ordered that the person be
                  placed in the charge of a person who is authorized to exercise a
20                power set out in clause 3(1)(c) of Schedule 2.
           (2)    The CEO is responsible for the security, control, safety, care
                  and welfare of a prisoner or detainee who is at --
                    (a) a hospital or other place that is outside a prison or
                         detention centre and attended by the prisoner or detainee
25                       for medical treatment;
                    (b) a place to which the prisoner has been removed under
                         section 28 of the Prisons Act 1981;
                    (c) a place attended by the prisoner under section 83 of the
                         Prisons Act 1981; or

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     Court Security and Custodial Services Bill 1998
     Part 2       Administration of court security and custodial services
     Division 1   CEO's responsibilities
     s. 15



                  (d)   a place attended by the detainee under section 188(4) of
                        the Young Offenders Act 1994,
                 if, under the Prisons Act 1981, the Young Offenders Act 1994,
                 or an order, direction, warrant or other instrument under those
 5               Acts or any other law, the person has been placed in the charge
                 of a person who is authorized to exercise a power set out in
                 clause 2(1) of Schedule 2.
           (3)   The CEO is responsible for the security, control, safety, care
                 and welfare of a person in custody who is at a hospital or other
10               place that is attended by the person in custody for medical
                 treatment if an authorized person has taken charge of the person
                 in custody in response to a request under section 70(b).

     15.         Moving persons in custody and intoxicated detainees
                 between custodial places
15         (1)   The CEO is responsible for ensuring that the means of moving
                 persons in custody and intoxicated detainees between custodial
                 places are available as an alternative, or in addition, to the
                 means used by police officers, prison officers and other persons
                 who move persons in custody or intoxicated detainees between
20               custodial places.
           (2)   The CEO is responsible for the security, control, safety, care
                 and welfare of a person in custody who is being moved, or
                 being prepared to be moved, between custodial places --
                   (a) by an authorized person in response to a request under
25                      section 71; or




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                                   Court Security and Custodial Services Bill 1998
               Administration of court security and custodial services      Part 2
            Framework for administering court security and custodial    Division 2
                                                              services
                                                                              s. 16


                  (b)    under the Prisons Act 1981, the Young Offenders
                         Act 1994, the Criminal Law (Mentally Impaired
                         Defendants) Act 1996 or an order, direction, warrant or
                         other instrument under those Acts or any other law, by a
 5                       person who is authorized to exercise a power set out in
                         clause 2(2), 3(2), 4 or 5 of Schedule 2, as is relevant to
                         the case.
           (3)   The CEO is responsible for the security, control, safety, care
                 and welfare of an intoxicated detainee who is being moved, or
10               being prepared to be moved, between custodial places by an
                 authorized person in response to a request under section 80.

     16.         Property management for certain persons in custody
                 The CEO is responsible for the management and safekeeping of
                 personal property held on behalf of persons in custody and
15               intoxicated detainees for whom the CEO is responsible under
                 section 14 or 15.

     Division 2 -- Framework for administering court security and
                         custodial services
     17.         Contracts with private sector
20         (1)   For the purposes of providing any court security or custodial
                 services the CEO may, for and on behalf of the State, enter into
                 a contract with a person other than --
                   (a) the Commissioner of Police; or
                   (b) a member of the Public Sector as defined in the Public
25                       Sector Management Act 1994.
           (2)   Part 3 applies to a contract entered into under this section.




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                  services
     s. 18


     18.         Arrangements with Commissioner of Police and public sector
           (1)   The CEO may arrange with the Commissioner of Police,
                 whether by way of delegation under section 19 or otherwise, to
                 provide court security or custodial services.
 5         (2)   The CEO may arrange with any member of the Public Sector as
                 defined in the Public Sector Management Act 1994, whether by
                 way of delegation under section 19 or otherwise, to provide
                 court security or custodial services other than the management,
                 control and security of a lock-up or court custody centre.

10   19.         Delegation
           (1)   The CEO may, by instrument, delegate any of the CEO's
                 functions under this Act other than a power specified in
                 subsection (2) to any person except --
                   (a) a contractor or an employee or agent of a contractor; or
15                 (b) a subcontractor or an employee or agent of a
                        subcontractor.
           (2)   The following powers of the CEO cannot be delegated under
                 subsection (1) --
                   (a) the power to delegate under subsection (1);
20                 (b) the power to enter into a contract under section 17;
                   (c) a Schedule power that the CEO has under section 20;
                   (d) the power to give directions under section 21(3) in
                         relation to whether or not a Schedule power can be
                         exercised by a contract worker or a member of a class of
25                       contract workers, or as to the manner in which, or
                         conditions on which, a power is to be exercised;
                   (e) the power to authorize a person to exercise a Schedule
                         power under section 24;



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                                                              services
                                                                              s. 20


                   (f)   the power to have access to a place, and to authorize a
                         person to have access to a place under section 41(1);
                  (g)    the power to declare work to be high-level security work
                         under section 48;
 5                (h)    the power to intervene in a contract under section 58 or
                         to terminate or suspend a contract under section 59;
                   (i)   the power to appoint or engage an administrator under
                         section 60 or 61;
                   (j)   the power to sign an evidentiary certificate under
10                       section 92.
           (3)   A function performed by a delegate under this section is to be
                 taken to be performed by the CEO.
           (4)   Where a delegate performs a function under a delegation under
                 this section the delegate is to be taken to have performed the
15               function in accordance with the delegation unless the contrary is
                 shown.
           (5)   Nothing in this section is to be read as limiting the ability of the
                 CEO to act through his or her officers and agents in the normal
                 course of business.

20   20.         CEO has Schedule powers
                 The CEO has all the Schedule powers and any exercise by the
                 CEO of a Schedule power in relation to a matter prevails over
                 the exercise of that power by any other person in relation to that
                 matter.

25   21.         Powers of contract workers
           (1)   Subject to subsection (3), a contract worker who holds a permit
                 may exercise the powers set out in Schedules 1 and 3 for the
                 purposes of providing court security services under a contract.


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                  services
     s. 22


           (2)   Subject to subsection (3), a contract worker who holds a permit
                 may exercise the powers set out in Schedules 2 and 3 for the
                 purposes of providing custodial services under a contract.
           (3)   The CEO may direct that a contract worker, or a member of a
 5               class of contract workers --
                   (a) cannot exercise a Schedule power that is specified in the
                         direction; or
                   (b) must exercise a Schedule power in a manner, or in
                         accordance with a condition, specified in the direction.
10         (4)   A direction has effect according to its tenor.

     22.         Powers of police officers
           (1)   A police officer may exercise the powers set out in Schedules 1
                 and 3 for the purposes of providing court security services under
                 an arrangement between the CEO and the Commissioner of
15               Police.
           (2)   A police officer may exercise the powers set out in Schedules 2
                 and 3 for the purposes of providing custodial services under an
                 arrangement between the CEO and the Commissioner of Police.
           (3)   The powers that a police officer may exercise under this section
20               are in addition to, and do not derogate from, the powers that the
                 police officer has under any other law.

     23.         Powers of certain court officers
           (1)   In this section --
                 "court officer" means --
25                   (a) the sheriff or a deputy of the sheriff;
                     (b) the bailiff of the District Court; or
                     (c) the Marshal of the Family Court.


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                                                              services
                                                                              s. 24


           (2)   A court officer may exercise the powers set out in Schedules 1
                 and 3 for the purposes of providing court security services under
                 an arrangement with the CEO.
           (3)   A court officer may exercise the powers set out in Schedules 2
 5               and 3 for the purposes of providing custodial services under an
                 arrangement with the CEO.
           (4)   The powers that a court officer may exercise under this section
                 are in addition to, and do not derogate from, the powers that the
                 court officer has under any other law.

10   24.         CEO may authorize certain other persons to exercise
                 powers
           (1)   In this section --
                 "justice officer" means --
                      (a) a public service officer working in the Department;
15                    (b) any other person engaged or appointed to work in or
                             for the Department;
                      (c) a prison officer;
                      (d) a person appointed under section 11 of the Young
                             Offenders Act 1994;
20                    (e) an officer of the sheriff;
                       (f) a person authorized by the Marshal of the Family
                             Court to assist the Marshal in the performance of any
                             of the Marshal's functions;
                      (g) a bailiff (other than the bailiff of the District Court);
25                           or
                      (h) an assistant bailiff of any court.
           (2)   The CEO may authorize a justice officer to exercise any power
                 set out in Schedules 1 and 3 for the purposes of providing court
                 security services.

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     s. 25


           (3)   The CEO may authorize a justice officer to exercise any power
                 set out in Schedules 2 and 3 for the purposes of providing
                 custodial services.
           (4)   The powers that a justice officer may exercise under an
 5               authorization are in addition to, and do not derogate from, the
                 powers that the officer has under any other law.
           (5)   An authorization must be in writing and, subject to
                 subsection (4), may be made subject to such conditions or
                 limitations specified in the authorization as the CEO thinks fit.

10   25.         Authorized persons may use reasonable force
           (1)   An authorized person may use such reasonable force as is
                 necessary for the purpose of exercising a Schedule power.
           (2)   A person who is authorized to issue an order to a person in
                 custody may use such reasonable force as is necessary to ensure
15               that the order is complied with.

     26.         Responsibility of certain authorized persons for escapes etc.
           (1)   A person who is authorized to exercise a power set out in
                 Division 1 of Schedule 2 is liable to answer for --
                  (a) the escape of a person in custody while the person in
20                      custody is in the authorized person's charge, or is being
                        moved, or is being prepared to be moved, by the
                        authorized person; and
                  (b) the absence without leave of a person apprehended
                        under the Mental Health Act who is in the authorized
25                      person's charge at a lock-up.
           (2)   A person who is authorized to exercise a power set out in
                 Division 3 of Schedule 2 is liable to answer for the absence of
                 an intoxicated detainee while the intoxicated detainee is in the


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      Other matters relating to administration of court security and  Division 3
                                                  custodial services
                                                                            s. 27


                 authorized person's charge, or is being moved, or is being
                 prepared to be moved, by the authorized person.

     Division 3 -- Other matters relating to administration of court
                    security and custodial services
 5   27.         Minister may give directions
           (1)   The Minister may give directions to the CEO with respect to the
                 performance of the CEO's functions under this Act, either
                 generally or in relation to a particular matter.
           (2)   Where practicable, the Minister is to consult with the chief
10               judicial officer of a court before giving directions to the CEO
                 about court security and court custodial services affecting the
                 court.
           (3)   The subject matter of any direction given under subsection (1) is
                 to be included in the annual report submitted by the accountable
15               officer of the Department under section 62 of the Financial
                 Administration and Audit Act 1985 unless publication of the
                 subject matter would adversely affect the effectiveness of a
                 security procedure or an arrangement for the safety of an
                 individual.

20   28.         Minister to be informed of certain events
                 The CEO must notify the Minister as soon as practicable of --
                  (a) any escape by a person for whom the CEO is
                       responsible under section 9, 12, 14 or 15;
                  (b) the death of a person for whom the CEO is responsible
25                     under section 9, 12, 14 or 15; and
                  (c) any matter that, in the opinion of the CEO, is an
                       emergency or serious irregularity involving a person for
                       whom the CEO is responsible under section 9, 12, 14 or
                       15.

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     Division 3   Other matters relating to administration of court security and
                  custodial services
     s. 29


     29.         Separation of certain kinds of persons in custody and
                 intoxicated detainees
           (1)   Where practicable, a person in custody is not to be confined
                 with a person of the opposite sex in a lock-up, a court custody
 5               centre or a vehicle used for moving persons for whom the CEO
                 is responsible under section 15.
           (2)   Where practicable, a young person in custody is not to be
                 confined with an adult person in custody in a lock-up, a court
                 custody centre or a vehicle used for moving persons for whom
10               the CEO is responsible under section 15.
           (3)   Where practicable, an intoxicated detainee is not to be confined
                 with a person who is not an intoxicated detainee in a lock-up or
                 a vehicle used for moving persons for whom the CEO is
                 responsible under section 15.
15         (4)   Where practicable, a person apprehended under the Mental
                 Health Act is not to be confined in a lock-up with another
                 person.

     30.         Young persons to be dealt with in accordance with Young
                 Offenders Act 1994
20               A person who is authorized under this Act to deal with a young
                 person is to do so in accordance with the Young Offenders
                 Act 1994.

     31.         CEO may make rules
           (1)   The CEO may make rules in relation to court security and
25               custodial services.




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                                                  custodial services
                                                                            s. 32


           (2)   The CEO's rules must only be made --
                  (a) after consultation with the Commissioner of Police, if
                       any police officer is to be involved in the provision of
                       the relevant service; and
 5                (b) after consultation with the contractor, if a contract has
                       been entered into for the provision of the relevant
                       service.
           (3)   If there is any inconsistency between a CEO's rule and a
                 regulation under this Act the rule, to the extent of the
10               inconsistency, has effect subject to the regulation.
           (4)   The CEO's rules may confer a discretionary authority on a
                 person or a member of a class of persons.
           (5)   The CEO's rules are to be published in such manner as the CEO
                 considers necessary to bring rules to the attention of persons
15               affected by them.

     32.         CEO may ban certain persons from visiting lock-ups or
                 court custody centres
           (1)   The CEO may ban a person from visiting a lock-up or court
                 custody centre for up to 3 months if, in the opinion of the CEO,
20               the person's presence at that place is likely to adversely affect
                 the security, good order or management of that place.
           (2)   There is no limit on the number of times a person can be
                 banned.




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     Part 2       Administration of court security and custodial services
     Division 4   Court security and court custodial services

     s. 33


     33.         Right of entry of certain judicial officers to lock-ups and
                 court custody centres
           (1)   In this section --
                 "judicial officer" means --
 5                    (a) a Judge of the Supreme Court, the Family Court or
                             the District Court;
                      (b) the President of the Children's Court;
                      (c) any person acting in an office referred to in
                             paragraph (a) or (b); or
10                    (d) a magistrate.
           (2)   A judicial officer may, upon providing satisfactory proof of his
                 or her identity to the person in charge of a lock-up or court
                 custody centre, enter and examine the lock-up or court custody
                 centre at any time.

15          Division 4 -- Court security and court custodial services
     34.         Court powers not affected by this Act
                 Nothing in this Act limits any entitlement that a court, under a
                 law, has to issue orders or directions or to make rules in relation
                 to court security and court custodial services affecting the court.

20   35.         CEO to consult relevant chief judicial officer on certain
                 matters
                 The CEO is to consult the chief judicial officer of a court that is,
                 or might be, affected by --
                   (a) a proposed contract for the provision of court security or
25                      court custodial services;
                   (b) a proposed change to a contract for the provision of
                        court security or court custodial services;


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                                                                   s. 35


        (c)    proposed minimum standards applicable to the provision
               of court security or court custodial services under a
               contract;
        (d)    a proposed change to the minimum standards applicable
 5             to the provision of court security or court custodial
               services under a contract;
        (e)    a proposed arrangement under section 18 for the
               provision of court security or court custodial services;
         (f)   a proposed change to an arrangement under section 18
10             for the provision of court security or court custodial
               services;
        (g)    proposed regulations in relation to court security or
               court custodial services;
        (h)    a proposed change to regulations in relation to court
15             security or court custodial services;
         (i)   proposed CEO's rules in relation to court security or
               court custodial services;
         (j)   a proposed change to CEO's rules in relation to court
               security or court custodial services;
20      (k)    a proposed code of ethics or conduct to apply to persons
               providing court security or court custodial services;
         (l)   a proposed change to a code of ethics or conduct to
               apply to persons providing court security or court
               custodial services;
25      (m)    a proposed direction under section 57 to a contract
               worker concerning court security or court custodial
               services; or
        (n)    a proposed change to a direction under section 57 to a
               contract worker concerning court security or court
30             custodial services.



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     Part 2       Administration of court security and custodial services
     Division 4   Court security and court custodial services

     s. 36


     36.         Sheriff's role
           (1)   The sheriff is to perform the following functions when
                 requested to do so by the chief judicial officer of a court --
                   (a) consult with the chief judicial officer on matters
 5                      concerning any court security or court custodial service
                        provided at the court under a contract or an arrangement
                        under section 18;
                   (b) represent the chief judicial officer in discussions with
                        the CEO or the CEO's representative on matters referred
10                      to in paragraph (a); and
                   (c) represent the chief judicial officer for the purposes of
                        section 35.
           (2)   Nothing in this section affects the functions that the sheriff has
                 under this Act or any other law.




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              Contracts for court security and custodial services      Part 3
                          Matters relating to contracts generally  Division 1
                                                                         s. 37



       Part 3 -- Contracts for court security and custodial
                            services
           Division 1 -- Matters relating to contracts generally
     37.     Minimum matters to be included in contracts
 5          A contract must provide for --
              (a)    compliance by the contractor with this Act, any other
                     written law and the CEO's rules;
              (b)    objectives and performance standards in relation to the
                     provision of services under the contract;
10            (c)    fees, costs and charges to be paid to and by the
                     contractor;
              (d)    compliance by the contractor with the minimum
                     standards established under section 38 in relation to the
                     provision of services under the contract;
15            (e)    the submission of reports in relation to the contractor's
                     obligations under the contract;
               (f)   notification by the contractor of any change in the
                     control, management or ownership of --
                        (i) the contractor; or
20                     (ii) a subcontractor, or a member of a class of
                             subcontractors, specified for the purposes of this
                             paragraph by the CEO in the contract;
              (g)    the financial and other consequences of intervening in a
                     contract under section 58, terminating or suspending a
25                   contract under section 59 and of requisitioning property
                     under section 64;
              (h)    codes of ethics and conduct, as approved by the CEO, to
                     apply to the contractor, any subcontractor and their
                     employees and agents;

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     Court Security and Custodial Services Bill 1998
     Part 3       Contracts for court security and custodial services
     Division 1   Matters relating to contracts generally
     s. 38



                   (i)   reporting procedures to notify the CEO of escapes,
                         deaths of persons in custody or intoxicated detainees and
                         other emergencies or serious irregularities;
                   (j)   investigation procedures and dispute resolution
 5                       mechanisms for complaints about the provision of
                         services under the contract;
                  (k)    an indemnity by the contractor in favour of the State of
                         Western Australia;
                   (l)   the office the holder of which is to be the principal
10                       officer of the contractor and the subcontractors under the
                         relevant contract for the purposes of the Anti-Corruption
                         Commission Act 1988, the Freedom of Information
                         Act 1992 and the Parliamentary Commissioner
                         Act 1971, respectively; and
15                (m)    any other matter prescribed by regulation.

     38.         Minimum standards
           (1)   The CEO must establish minimum standards applicable to the
                 provision of services under a contract and the CEO may, from
                 time to time, amend the minimum standards.
20         (2)   The Minister is to ensure that the minimum standards, as
                 amended from time to time, are laid before each House of
                 Parliament within 10 sitting days of such House next following
                 the establishment or amendment of the minimum standards.

     39.         Contract workers in court premises are subject to judicial
25               direction
           (1)   A contract worker who provides court security or court
                 custodial services is taken to be an officer of the court.




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                              Matters relating to contracts generally  Division 1
                                                                             s. 40



           (2)   A contract worker who provides court security or court
                 custodial services must obey the directions of --
                   (a) the person presiding in a courtroom; and
                   (b) the chief judicial officer of the court concerned.

 5   40.         Public Sector Management Act 1994 not applicable
           (1)   The Public Sector Management Act 1994 does not apply to --
                  (a) a contractor or an employee or agent of a contractor; or
                  (b) a subcontractor or an employee or agent of a
                       subcontractor.
10         (2)   A reference in subsection (1) to an agent of a contractor or
                 subcontractor does not include a reference to a public service
                 officer who is seconded under section 66 of the Public Sector
                 Management Act 1994 to perform functions or services for, or
                 duties in the service of, the contractor or subcontractor during
15               the secondment period.

     41.         Minister, CEO etc. may have access to certain places,
                 persons, vehicles and documents
           (1)   The Minister, the CEO and any person authorized by the CEO
                 may, at any time (with any assistants and equipment that the
20               Minister, the CEO or authorized person thinks are necessary),
                 have free and unfettered access to a place, person, vehicle or
                 document referred to in subsection (2) for the purpose of --
                   (a) ensuring compliance with this Act, the CEO's rules or a
                         contract; or
25                 (b) ensuring that a service that is a subject of a contract is
                         being properly provided.




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     s. 41



        (2)    A person referred to in subsection (1) may have access to --
                (a) a custodial place at which, or in respect of which,
                      services are provided under a contract;
                (b) a person in custody or intoxicated detainee in such a
 5                    place;
                (c) a contract worker who works in such a place;
                (d) a vehicle used by a contractor to provide services under
                      a contract;
                (e) a person in custody or intoxicated detainee in such a
10                    vehicle;
                 (f) a contract worker whose work is concerned with such a
                      vehicle;
                (g) all documents in the possession of the contractor or a
                      subcontractor in relation to any service that is a subject
15                    of a contract.
        (3)    The CEO may authorize a person for the purposes of
               subsection (1).
        (4)    An authorization must be in writing and may be made subject to
               such conditions and limitations specified in the authorization as
20             the CEO thinks fit.
        (5)    A person must not hinder or resist a person referred to in
               subsection (1) when the person is exercising or attempting to
               exercise a power under that subsection.
               Penalty: $20 000.
25      (6)    Nothing in this section limits any entitlement that a person,
               under a law, has to have access to a place, person, vehicle or
               document referred to in subsection (2).




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                              Matters relating to contracts generally  Division 1
                                                                             s. 42



     42.         Administrators and investigators may have access to certain
                 places, persons, vehicles and documents
           (1)   An administrator and an investigator appointed under section 43
                 may, at any time (with any assistants and equipment that the
 5               administrator or investigator thinks are necessary), have free
                 and unfettered access to a place, person, vehicle, or document
                 referred to in section 41(2) for the purpose of enabling the
                 administrator or investigator to perform his or her functions.
           (2)   A person must not hinder or resist an administrator or
10               investigator when the administrator or investigator is exercising
                 or attempting to exercise a power under subsection (1).
                 Penalty: $20 000.
           (3)   Nothing in this section limits any entitlement that a person,
                 under a law, has to have access to a place, person, vehicle or
15               document referred to in section 41(2).

     43.         CEO may set up inquiry
           (1)   The CEO may, and upon the request of the Minister must,
                 appoint a suitably qualified person (an "investigator") to
                 inquire into and report upon any matter, incident or occurrence
20               concerning any service that is a subject of a contract.
           (2)   For the purposes of carrying out an inquiry, an investigator may
                 require --
                   (a) the contractor or an employee or agent of that
                         contractor; or
25                 (b) a subcontractor or an employee or agent of that
                         subcontractor,
                 to give the investigator such information as the investigator
                 requires or to answer any question put to the person in relation



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     Court Security and Custodial Services Bill 1998
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     Division 1   Matters relating to contracts generally
     s. 43



               to any matter, incident or occurrence that is the subject of the
               inquiry.
        (3)    An investigator may specify the form or manner in which the
               information or answer is to be given.
 5      (4)    Before the investigator seeks information or directs any
               question to a person, the investigator shall inform the person
               that any information or answer provided by the person may be
               used in evidence against the person, unless the person has been
               directed to provide that information or answer that question.
10      (5)    Any information or answer provided by a person before the
               investigator has complied with subsection (4) shall not be
               admissible in evidence against the person, whether civil or
               criminal.
        (6)    A person is not excused from giving any information or
15             answering any question, when required to do so by an
               investigator, on the ground that the information or answer might
               incriminate the person or render the person liable to a penalty,
               but that information or answer is not admissible in evidence
               against the person who gives it in any proceedings, whether
20             civil or criminal, in any court except in proceedings for an
               offence under subsection (7).
        (7)    A person must not, in response to a requirement under
               subsection (2) --
                 (a) fail or refuse to supply the required information or
25                     answer the question; or
                 (b) give information or an answer that is false or misleading
                       in a material particular.
               Penalty: $1 000.




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            Vetting and control of contract workers in relation to high-  Division 2
                                                   level security work
                                                                                s. 44


     44.         Annual reports
           (1)   The CEO is to prepare and deliver to the Minister by
                 30 September each year a report on each contractor who
                 provided services under a contract in the preceding 12 months.
 5         (2)   The report is to contain such information as is required to be
                 included in the report by the Minister to enable an informed
                 assessment to be made of --
                   (a) the operations of each contractor; and
                   (b) the extent to which there has been compliance with the
10                      relevant contract.
           (3)   The Minister is to ensure that the report is laid before each
                 House of Parliament within 10 sitting days of such House next
                 following the Minister's receipt of the report.

     45.         No contracting out
15               The provisions of this Part apply despite anything to the
                 contrary in a contract.

            Division 2 -- Vetting and control of contract workers in
                       relation to high-level security work
     46.         Interpretation in this Division of "offence for which the
20               contract worker is convicted"
                 In this Division a reference to an offence for which the contract
                 worker is convicted includes --
                   (a) an offence for which the contract worker is convicted in
                         any part of the world; and




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     Court Security and Custodial Services Bill 1998
     Part 3       Contracts for court security and custodial services
     Division 2   Vetting and control of contract workers in relation to high-level
                  security work
     s. 47


                  (b)   the payment of the whole or a part of a penalty under a
                        traffic infringement notice that is served on the contract
                        worker under section 102(1) of the Road Traffic
                        Act 1974 or a corresponding law in any other part of the
 5                      world.

     47.         High-level security work
           (1)   A court security service provided by a contract worker is
                 high-level security work.
           (2)   A custodial service is high-level security work if --
10                (a) it is of a kind that requires the person providing it to
                        exercise a power set out in Schedule 2 or 3; and
                  (b) it is provided by a contract worker.

     48.         CEO may declare other kinds of work to be high-level
                 security work
15         (1)   The CEO may, in writing, declare as high-level security
                 work --
                  (a) a custodial service that requires a contract worker to deal
                       directly with persons in custody or intoxicated detainees
                       except a custodial service referred to in section 47(2);
20                (b) work that requires a contract worker to have access to
                       information about persons in custody or intoxicated
                       detainees; or
                  (c) any other work to be done by a contract worker that in
                       the opinion of the CEO should be declared to be
25                     high-level security work.
           (2)   The CEO may amend a declaration.




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                                     Court Security and Custodial Services Bill 1998
                   Contracts for court security and custodial services        Part 3
            Vetting and control of contract workers in relation to high-  Division 2
                                                   level security work
                                                                                s. 49


           (3)   The CEO is to ensure that notice of a declaration or an
                 amendment of a declaration is published in the Gazette within
                 14 days after the day the declaration or amendment occurs.
           (4)   The validity of a declaration or an amendment of a declaration
 5               is not affected by failure to publish the notice.

     49.         Contract workers require permits to do high-level security
                 work
                 A contract worker must not do, or purport to do, any high-level
                 security work unless he or she has a current permit to do the
10               work and does the work in accordance with the permit.
                 Penalty: Imprisonment for 3 years.

     50.         Issue of permits to do high-level security work
           (1)   On application by a contract worker in a manner approved by
                 the CEO, the CEO may issue the contract worker with a permit
15               to do high-level security work.
           (2)   To determine the suitability of a contract worker to do
                 high-level security work the CEO may --
                   (a) have regard to the information referred to in
                         section 51(1) and (3) about the contract worker;
20                 (b) make appropriate enquiries about the contract worker;
                         and
                   (c) enquire into the honesty and integrity of the contract
                         worker's known associates.
           (3)   A permit may be issued subject to such conditions and
25               limitations specified in the permit as the CEO thinks fit.
           (4)   A permit is not transferable.




                                                                              page 33
     Court Security and Custodial Services Bill 1998
     Part 3       Contracts for court security and custodial services
     Division 2   Vetting and control of contract workers in relation to high-level
                  security work
     s. 51


     51.         Information about applicants for permits
           (1)   The CEO may in writing require a contract worker who applies
                 for a permit or the relevant contractor to provide --
                   (a) information about any offence for which the contract
 5                       worker is convicted;
                   (b) information about any disciplinary proceedings
                         conducted against the contract worker in the course of
                         his or her employment;
                   (c) information about any other matter that is relevant to the
10                       suitability of the contract worker to do high-level
                         security work; and
                   (d) a photograph of the contract worker.
           (2)   A person must not give information or a photograph that is false
                 or misleading in a material particular in response to a
15               requirement under subsection (1).
                 Penalty: Imprisonment for 3 years.
           (3)   If a contract worker applies for a permit the contract worker is
                 to authorize the Commissioner of Police to provide to the CEO
                 and the relevant contractor --
20                 (a) information about any offence for which the contract
                         worker is convicted; and
                   (b) such other information as is required by the CEO to
                         determine the suitability of the contract worker to do
                         high-level security work.
25         (4)   A person must not give information that is false or misleading in
                 a material particular in an authority under subsection (3).
                 Penalty: Imprisonment for 3 years.




     page 34
                                     Court Security and Custodial Services Bill 1998
                   Contracts for court security and custodial services        Part 3
            Vetting and control of contract workers in relation to high-  Division 2
                                                   level security work
                                                                                s. 52


     52.         Taking of fingerprints and palmprints
           (1)   The CEO may in writing require a contract worker who applies
                 for, or holds, a permit to attend at a place and there have his or
                 her fingerprints or palmprints taken by a member of the Police
 5               Force or an employee of the Police Service.
           (2)   The Commissioner of Police is to cause fingerprints and
                 palmprints taken under this section and any copy of them to be
                 destroyed --
                   (a) if the permit is not granted; or
10                 (b) when the permit no longer has effect.

     53.         Refusal to issue permits
           (1)   The CEO may refuse to issue a contract worker with a permit to
                 do high-level security work if, in the opinion of the CEO --
                   (a) the contract worker has not complied with a requirement
15                      under section 51(1);
                  (b) the contract worker has not given an authority under
                        section 51(3);
                   (c) the contract worker has not complied with a requirement
                        under section 52(1);
20                (d) the contract worker has not completed training approved
                        by the CEO;
                   (e) the contract worker has failed to satisfy the CEO that the
                        contract worker is a fit and proper person to do
                        high-level security work;
25                 (f) the contract worker should not do high-level security
                        work because of his or her criminal record or character
                        or because of any other relevant reason;




                                                                             page 35
     Court Security and Custodial Services Bill 1998
     Part 3       Contracts for court security and custodial services
     Division 2   Vetting and control of contract workers in relation to high-level
                  security work
     s. 54


                  (g)    the contract worker does not meet all the conditions
                         specified in the relevant contract in relation to persons
                         who are to do high-level security work; or
                  (h)    it is not in the public interest to do so.
 5         (2)   The rules known as the rules of natural justice (including any
                 duty of procedural fairness) do not apply to or in relation to the
                 issue of, or refusal to issue, a permit.

     54.         Determining suitability of contract workers to keep holding
                 permits
10         (1)   To determine the suitability of a contract worker to continue to
                 do high-level security work the CEO may --
                   (a) have regard to the information referred to in
                        subsection (2) and (4) about the contract worker;
                  (b) make appropriate enquiries about the contract worker;
15                      and
                   (c) enquire into the honesty and integrity of the contract
                        worker's known associates.
           (2)   If a contract worker holds a permit the CEO may, at any time, in
                 writing require the contract worker or the relevant contractor to
20               provide information about --
                   (a) any offence for which the contract worker is convicted;
                   (b) any disciplinary proceedings conducted against the
                         contract worker in the course of his or her employment;
                         and
25                 (c) any other matter that is relevant to the suitability of the
                         contract worker to continue to do high-level security
                         work.




     page 36
                                     Court Security and Custodial Services Bill 1998
                   Contracts for court security and custodial services        Part 3
            Vetting and control of contract workers in relation to high-  Division 2
                                                   level security work
                                                                                s. 55


           (3)   A person must not give information that is false or misleading in
                 a material particular in response to a requirement under
                 subsection (2).
                 Penalty: Imprisonment for 3 years.
 5         (4)   If a contract worker holds a permit the CEO may, at any time, in
                 writing require the contract worker to authorize the
                 Commissioner of Police to provide to the CEO and the relevant
                 contractor --
                   (a) information about any offence for which the contract
10                       worker is convicted; and
                   (b) such other information as is required by the CEO to
                         determine the suitability of the contract worker to
                         continue to do high-level security work.
           (5)   A person must not give information that is false or misleading in
15               a material particular in an authority under subsection (4).
                 Penalty: Imprisonment for 3 years.

     55.         Suspension or revocation of permits
           (1)   The CEO may, at any time, suspend or revoke a permit held by
                 a contract worker if, in the opinion of the CEO --
20                 (a) the permit ought not to have been issued to the contract
                         worker, or ought not to continue in force in respect of
                         the contract worker, having regard to the grounds
                         referred to in section 53(1)(d) to (h); or
                   (b) the contract worker has failed to comply with --
25                          (i) this Act or the CEO's rules;
                           (ii) a direction given to the contract worker under
                                 this Act or the relevant contract or by a court;
                          (iii) an order, direction, warrant or other instrument
                                 under any law concerning the charge of a person


                                                                             page 37
     Court Security and Custodial Services Bill 1998
     Part 3       Contracts for court security and custodial services
     Division 2   Vetting and control of contract workers in relation to high-level
                  security work
     s. 56


                                in custody or intoxicated detainee at a custodial
                                place or the movement of a person in custody or
                                intoxicated detainee between custodial places;
                         (iv)   a code of ethics or conduct provided for under
 5                              the relevant contract; or
                          (v)   a requirement under section 54(2) or (4).
           (2)   The CEO may suspend or revoke any permit held by a contract
                 worker if --
                  (a) the CEO intervenes in the relevant contract under
10                      section 58 or terminates or suspends the relevant
                        contract under section 59; or
                  (b) the relevant contract is terminated or suspended under
                        the terms of the contract.
           (3)   The rules known as the rules of natural justice (including any
15               duty of procedural fairness) do not apply to or in relation to the
                 suspension or revocation of a permit under subsection (2).

     56.         Gazettal of permit details
           (1)   The CEO is to ensure that notice of the issue, suspension,
                 reinstatement or revocation of a permit is published in the
20               Gazette within 14 days after the day the event occurs.
           (2)   The validity of the issue, suspension, reinstatement or
                 revocation of a permit is not affected by failure to publish the
                 notice.

     57.         Directions to contract workers about high-level security
25               work
           (1)   The CEO may give directions to a contract worker who holds a
                 permit to do high-level security work.



     page 38
                                  Court Security and Custodial Services Bill 1998
                  Contracts for court security and custodial services      Part 3
                       Intervention in, and termination of, contracts  Division 3
                                                                             s. 58



           (2)   A direction may be given with respect to any matter relating to
                 high-level security work, either generally or in a particular case.
           (3)   A direction must not be inconsistent with the regulations or the
                 relevant contract.

 5     Division 3 -- Intervention in, and termination of, contracts
     58.         Intervention in contracts
           (1)   The CEO may intervene in a contract if, in the opinion of the
                 CEO --
                  (a) there are grounds for doing so under subsection (2); and
10                (b) the intervention is in the public interest or is necessary
                       to ensure the proper provision of a service that is the
                       subject of a contract.
           (2)   The grounds for intervening in a contract are that --
                   (a)   there is an emergency in a service that is a subject of the
15                       contract; or
                  (b)    the contractor has failed to effectively provide a service
                         that is a subject of the contract.

     59.         Termination or suspension of contracts
           (1)   The CEO, with the Minister's approval, may on behalf of the
20               State terminate or suspend a contract (wholly or partially) if, in
                 the opinion of the CEO --
                   (a) there are grounds for doing so under subsection (2); and
                   (b) the termination or suspension of the contract is in the
                         public interest.
25         (2)   The grounds for terminating or suspending a contract are that --
                  (a) the contractor becomes insolvent within the meaning of
                        the contract;

                                                                            page 39
     Court Security and Custodial Services Bill 1998
     Part 3       Contracts for court security and custodial services
     Division 3   Intervention in, and termination of, contracts
     s. 60



                  (b)    the identity of the persons who control, manage or own
                         the contractor or a subcontractor changes during the
                         term of the contract without the consent of the CEO;
                   (c)   the contractor has committed a material breach of the
 5                       contract that is not capable of being remedied;
                  (d)    the contractor has failed to rectify a breach of the
                         contract within the time specified in the contract after
                         the issue of a default notice; or
                   (e)   the CEO gives the contractor written notice to the effect
10                       that the contract will be terminated or suspended 3 days
                         after the day on which the contractor receives the notice
                         or at such later time as is specified in the notice.

     60.         Administrator where intervention in contract
           (1)   If the CEO intervenes in a contract under section 58 the CEO
15               may appoint or engage an administrator --
                   (a) to give directions as to the manner in which a service
                         that is a subject of the contract is to be provided; or
                   (b) to provide a service that is a subject of the contract.
           (2)   The directions given by an administrator and the provision by
20               an administrator of a service that is a subject of a contract must
                 be in accordance with the terms of the administrator's
                 appointment or engagement.
           (3)   An administrator cannot be appointed or engaged for a period
                 exceeding one year but can be re-appointed or re-engaged if,
25               after review of the reason for intervention in a contract, the
                 CEO determines that the reason for the intervention still exists.




     page 40
                                  Court Security and Custodial Services Bill 1998
                  Contracts for court security and custodial services      Part 3
                       Intervention in, and termination of, contracts  Division 3
                                                                             s. 61



     61.         Administrator where termination or suspension of contract
           (1)   If the CEO terminates or suspends a contract under section 59
                 the CEO may appoint or engage an administrator --
                   (a) to provide any service that was a subject of the
 5                       terminated contract; or
                   (b) to provide any service that is a subject of the suspended
                         contract.
           (2)   The provision by an administrator of a service that was or is a
                 subject of a contract must be in accordance with the terms of the
10               administrator's appointment or engagement.
           (3)   An administrator cannot be appointed or engaged for a period
                 exceeding one year but can be re-appointed or re-engaged if the
                 CEO determines --
                   (a) in the case of the termination of a contract, that matters
15                      arising from the terminated contract have not been
                        properly resolved; or
                   (b) in the case of the suspension of a contract, that the
                        reason for the suspension still exists.
     62.         Administrator's functions
20               An administrator may, for the purposes of performing his or her
                 functions --
                   (a) perform --
                           (i) any function that the contractor or an employee
                               or agent of that contractor has under a contract or
25                             had under a terminated contract; and
                          (ii) any function that a subcontractor or an employee
                               or agent of that subcontractor has under a
                               contract or had under a terminated contract;
                        and
30                 (b) exercise any Schedule power.

                                                                           page 41
     Court Security and Custodial Services Bill 1998
     Part 3       Contracts for court security and custodial services
     Division 3   Intervention in, and termination of, contracts
     s. 63



     63.         Compliance with administrator's directions
           (1)   If an administrator is appointed or engaged under section 60
                 then for the period of the appointment or engagement --
                   (a) the contractor;
 5                 (b) each subcontractor; and
                   (c) any person appointed or employed by the contractor or a
                         subcontractor to manage a service that is a subject of a
                         contract,
                 must comply with the administrator's directions in respect of the
10               management or provision of the service, or the ceasing of the
                 provision of the service.
                 Penalty: $50 000.
           (2)   If an administrator is appointed or engaged under section 60
                 then for the period of the appointment or engagement any
15               contract worker who has a function in respect of a service that is
                 a subject of the relevant contract must comply with the
                 administrator's directions as to the performance of the function.
                 Penalty: $5 000.

     64.         Requisitioning property on intervention in, or termination
20               of, contract
                 If the CEO intervenes in a contract under section 58 or
                 terminates or suspends a contract under section 59, the CEO or
                 an administrator (with the CEO's approval) may --
                   (a) no later than 2 months after the intervention, termination
25                       or suspension, requisition any property used in relation
                         to the provision of a service that is a subject of the
                         contract or was a subject of the terminated contract; and
                   (b) use the property for the ongoing provision of that
                         service for no longer than 12 months after the
30                       requisition of the property.

     page 42
                               Court Security and Custodial Services Bill 1998
      How authorized persons take charge of, and move, persons          Part 4
                      in the custody of law enforcement officers
                                                       General      Division 1
                                                                          s. 65


      Part 4 -- How authorized persons take charge of, and
        move, persons in the custody of law enforcement
                            officers
                                Division 1 -- General
 5   65.         Definition of "request"
                 In this Division --
                 "request" means a request under section 70, 71, 75, 79 or 80.

     66.         Authorized persons to comply with requests, subject to
                 contract
10         (1)   Subject to subsection (2), an authorized person must comply
                 with a request.
           (2)   An authorized person who is a contract worker may refuse to
                 comply with a request if the refusal is in accordance with the
                 provisions of the relevant contract.

15   67.         Presumption that persons are in legal custody
                 An authorized person may presume that a person in custody or
                 an intoxicated detainee who is the subject of a request is in legal
                 custody.

     68.         Custodial status not affected by requests
20               The custodial status of a person in custody or an intoxicated
                 detainee who is the subject of a request is not affected by an
                 authorized person's taking charge of, or moving, the person in
                 accordance with the request.




                                                                            page 43
     Court Security and Custodial Services Bill 1998
     Part 4       How authorized persons take charge of, and move, persons in
                  the custody of law enforcement officers
     Division 2   Law enforcement officers may request authorized persons to
                  take charge of, and move, persons in custody
     s. 69


     Division 2 -- Law enforcement officers may request authorized
         persons to take charge of, and move, persons in custody
     69.       Meaning of "authorized person" and "person in custody" in
               this Division
 5             In this Division --
               "authorized person" means a person who is authorized to
                   exercise a power set out in clause 1 of Schedule 2;
               "person in custody" does not include a person apprehended
                   under the Mental Health Act.

10   70.       Law enforcement officers may request authorized persons to
               take charge of persons in custody at certain custodial places
               A law enforcement officer who has the custody of a person may
               request an authorized person to take charge of the person in
               custody at any of the following custodial places --
15              (a)   a lock-up or court custody centre (but if the authorized
                      person is a contract worker, the lock-up or court custody
                      centre must be one that is managed under the relevant
                      contract); or
                (b)   a hospital or other place that is attended by the person in
20                    custody for medical treatment.

     71.       Law enforcement officers may request authorized persons to
               move persons in custody between custodial places
               A law enforcement officer who has the custody of a person may
               request an authorized person to move the person in custody
25             between custodial places and to take charge of the person in
               custody while he or she is moved or is being prepared to be
               moved.



     page 44
                                  Court Security and Custodial Services Bill 1998
      How authorized persons take charge of, and move, persons             Part 4
                         in the custody of law enforcement officers
           Police officers may request authorized persons to take      Division 3
     charge of persons apprehended under the Mental Health Act
                                                                             s. 72

     72.     Law enforcement officers' powers not affected
             A law enforcement officer may, when making a request under
             section 70 or 71 in relation to a person in custody, reserve the
             right, or nominate or approve another law enforcement officer,
 5           to take charge of, or move, the person in custody at a
             subsequent time.

     73.     Form of requests
             A request under section 70 or 71 is to be in a form approved by
             the CEO.

10   Division 3 -- Police officers may request authorized persons to
             take charge of persons apprehended under the
                           Mental Health Act
     74.     Meaning of "authorized person" in this Division
             In this Division --
15           "authorized person" means a person who is authorized to
                  exercise a power set out in clause 1 of Schedule 2.

     75.     Police officers may request authorized persons to take
             charge of persons apprehended under the Mental Health
             Act, at lock-ups
20           A police officer who has the custody of a person apprehended
             under the Mental Health Act may request an authorized person
             to take charge of the apprehended person at a lock-up (but if the
             authorized person is a contract worker, the lock-up must be one
             that is managed under the relevant contract) for the purpose of
25           holding the apprehended person at the lock-up while
             arrangements are made for a police officer to take the
             apprehended person to a place under the Mental Health
             Act 1996.

                                                                          page 45
     Court Security and Custodial Services Bill 1998
     Part 4       How authorized persons take charge of, and move, persons in
                  the custody of law enforcement officers
     Division 4   Police officers may request authorized persons to take charge
                  of, and move, intoxicated detainees
     s. 76

     76.       Police officers' powers not affected
               A police officer may, when making a request under section 75
               in relation to a person apprehended under the Mental Health
               Act, reserve the right, or nominate or approve another police
 5             officer, to take charge of the apprehended person at a
               subsequent time.

     77.       Form of requests
               A request under section 75 is to be in a form approved by the CEO.

     Division 4 -- Police officers may request authorized persons to
10           take charge of, and move, intoxicated detainees
     78.       Meaning of "authorized person" in this Division
               In this Division --
               "authorized person" means a person who is authorized to
                   exercise a power set out in clause 16 of Schedule 2.

15   79.       Police officers may request authorized persons to take
               charge of intoxicated detainees at lock-ups
               A police officer who has the custody of an intoxicated detainee
               may request an authorized person to take charge of the
               intoxicated detainee at a lock-up (but if the authorized person is
20             a contract worker, the lock-up must be one that is managed
               under the relevant contract).




     page 46
                                 Court Security and Custodial Services Bill 1998
      How authorized persons take charge of, and move, persons            Part 4
                        in the custody of law enforcement officers
          Police officers may request authorized persons to take      Division 4
                      charge of, and move, intoxicated detainees
                                                                            s. 80

     80.     Police officers may request authorized persons to move
             intoxicated detainees between certain custodial places
             A police officer who has the custody of an intoxicated detainee
             may request an authorized person --
 5            (a) to move the intoxicated detainee between any of the
                    following custodial places --
                       (i) a police station;
                      (ii) a lock-up (whether the lock-up is managed under
                            a contract or managed by a police officer); or
10                   (iii) an approved hospital as defined in section 53 of
                            the Police Act 1892;
                    and
              (b) to take charge of the intoxicated detainee while he or she
                    is moved or is being prepared to be moved.

15   81.     Police officers' powers not affected
             A police officer may, when making a request under section 79
             or 80 in relation to an intoxicated detainee, reserve the right, or
             nominate or approve another police officer to take charge of, or
             move, the intoxicated detainee at a subsequent time.

20   82.     Form of requests
             A request under section 79 or 80 is to be in a form approved by
             the CEO.




                                                                         page 47
     Court Security and Custodial Services Bill 1998
     Part 5       Offences

     s. 83



                                 Part 5 -- Offences
     83.         Possession of firearms and other weapons at certain
                 custodial places and in vehicles
           (1)   A person commits a crime if the person, without lawful excuse,
 5               carries or possesses a firearm or a weapon --
                   (a)   at a custodial place referred to in subsection (2); or
                  (b)   in a vehicle used for moving people for whom the CEO
                        is responsible under section 15.
                 Penalty: Imprisonment for 7 years.
10         (2)   Subsection (1)(a) applies to the following custodial places --
                   (a)   a court custody centre;
                  (b)    any other part of court premises;
                   (c)   a lock-up;
                  (d)    a hospital or other place that is outside a prison or
15                       detention centre and attended by a person in custody for
                         medical treatment;
                   (e)   a place to which a prisoner has been removed under
                         section 28 of the Prisons Act 1981;
                   (f)   a place attended by a prisoner under section 83 of the
20                       Prisons Act 1981;
                  (g)    a place attended by a detainee under section 188(4) of
                         the Young Offenders Act 1994.
           (3)   If a person is charged before a court of summary jurisdiction
                 with an offence under subsection (1), the charge may be dealt
25               with summarily at the election of the person charged if the
                 court, having regard to the nature and particulars of the offence
                 and to such particulars of the circumstances relating to the


     page 48
                                   Court Security and Custodial Services Bill 1998
                                                        Offences            Part 5

                                                                                 s. 84



                 charge as the court requires from the prosecutor, considers that
                 the charge can be adequately dealt with summarily.
                 Penalty on summary conviction: $8 000 or imprisonment for
                      2 years.
 5         (4)   In this section --
                 "firearm" has the meaning that it has in the Firearms Act 1973;
                 "weapon" has the meaning that it has in the Weapons Act 1998.

     84.         Certain articles not to be brought into certain custodial
                 places and vehicles
10               A person must not convey, bring or in any manner introduce
                 into --
                   (a) a custodial place referred to in section 83(2); or
                   (b) a vehicle used for moving people for whom the CEO is
                        responsible under section 15,

15               an article of a kind that is likely to adversely affect the security,
                 good order or management of a custodial place (whether or not
                 referred to in section 83(2)) or the vehicle.
                 Penalty: $6 000 or imprisonment for 18 months.

     85.         Hindering or resisting
20               A person must not hinder or resist an authorized person in the
                 exercise or attempted exercise of a Schedule power.
                 Penalty: $6 000 or imprisonment for 18 months.




                                                                               page 49
     Court Security and Custodial Services Bill 1998
     Part 6       Miscellaneous


     s. 86


                             Part 6 -- Miscellaneous
     86.         Courts may order or direct authorized persons to take
                 charge of, and move, persons in custody
                 Where, under any law, a court may order or direct a particular
 5               person to take charge of a person in custody at a custodial place
                 or to move a person in custody between custodial places, the
                 court may order or direct a person who is authorized to exercise
                 a power set out in such of clauses 2, 3, 4 or 5 of Schedule 2 as is
                 relevant to the case, as if the authorized person were the
10               particular person.

     87.         Protection from liability
           (1)   Subject to subsections (4) and (5), an action in tort does not lie
                 against a person (except a contractor or subcontractor) for
                 anything that the person has done, in good faith --
15                 (a) in the performance or purported performance of a
                         function under this Act;
                   (b) in the exercise or purported exercise of a Schedule
                         power that the person is authorized to exercise; or
                   (c) in doing, or purporting to do, any high-level security
20                       work for which the person has a permit.
           (2)   Subsection (1) does not relieve a contractor or subcontractor of
                 any liability that it might otherwise have for anything done as
                 described in that subsection by another person.
           (3)   Subsection (1) does not relieve the Crown of any liability that it
25               might otherwise have for anything done as described in that
                 subsection by another person.




     page 50
                                  Court Security and Custodial Services Bill 1998
                                                   Miscellaneous           Part 6


                                                                              s. 88


           (4)   An action for false imprisonment of a person in custody or an
                 intoxicated detainee does not lie against a contract worker if, in
                 good faith, the contract worker took charge of the person in
                 custody or intoxicated detainee in response to a request under
 5               section 70, 71, 75, 79 or 80, as is relevant to the case.
           (5)   A contractor and subcontractor are also relieved of any liability
                 that either of them might otherwise have had for a contract
                 worker having done anything as described in subsection (4).
           (6)   The protection given by this section applies even though the
10               thing done may have been capable of being done whether or not
                 this Act had been enacted.
           (7)   In this section, a reference to doing anything includes a
                 reference to an omission to do anything.

     88.         Possession of firearms, prohibited drugs etc. by authorized
15               persons
                 A person who comes into possession of property as a result of
                 exercising a power set out in clause 5 or 7 of Schedule 1 or
                 clause 9 or 21 of Schedule 2 does not commit --
                   (a) an offence under the Firearms Act 1973 in relation to
20                       possession of a firearm, ammunition or a silencer or
                         contrivance of a similar nature; or
                   (b) an offence under the Misuse of Drugs Act 1981 in
                         relation to the possession of a prohibited drug,
                         prohibited plant or utensil,
25               if the authorized person possesses the property only so as to
                 deliver it into the custody of a member of the Police Force or an
                 employee of the Police Service.




                                                                             page 51
     Court Security and Custodial Services Bill 1998
     Part 6       Miscellaneous


     s. 89


     89.         Exchange of information
           (1)   The CEO may, in writing, request a government department or
                 an instrumentality or agency of the Crown that holds
                 information about a person for whom the CEO is, or may
 5               become, responsible under section 9, 12, 14 or 15 to produce
                 such information as is relevant to the person's security, control,
                 safety, care and welfare.
           (2)   The CEO and the Commissioner of Police may, in writing,
                 request one another to produce such information held by the
10               other about a person for whom the CEO is, or may become,
                 responsible under section 9, 12, 14 or 15 to produce such
                 information as is relevant to the person's security, control,
                 safety, care and welfare.
           (3)   The production of any information to the CEO or the
15               Commissioner of Police in compliance with a request under
                 subsection (1) or (2) is not to be regarded as a breach of any
                 duty of confidentiality or secrecy imposed by any law.

     90.         Confidentiality
           (1)   Except as provided in this section, a person must not, directly or
20               indirectly, record, disclose or make use of any information
                 obtained by reason of any function that person has, or at any
                 time had, in the administration of this Act or in the course of
                 duty in the provision of court security or custodial services.
                 Penalty: $6 000 and imprisonment for 2 years.
25         (2)   Subsection (1) does not apply to the recording, disclosure or use
                 of information --
                   (a) for the purpose of performing a function under this Act;
                   (b) for the purpose of exercising a Schedule power that the
                         person is authorized to exercise;


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                                                                             s. 91


                   (c)   for the purpose of doing any high-level security work
                         for which the person has a permit;
                  (d)    for the purpose of providing court security or custodial
                         services;
 5                 (e)   as required or allowed by this Act or under another law;
                         or
                   (f)   in prescribed circumstances.

     91.         Assistance by police officers
           (1)   Subject to the directions of the Commissioner of Police, a police
10               officer --
                   (a) may upon the request of the CEO, assist another person
                         in the exercise of a Schedule power; or
                   (b) may upon the request of a person authorized to exercise
                         a Schedule power, assist the person in the exercise of the
15                       power.
           (2)   A police officer acting under subsection (1), in addition to the
                 powers and duties conferred and imposed on the police officer
                 by or under any other law, has the powers and is subject to the
                 responsibilities and has the protection from liability which
20               would be conferred or imposed on the authorized person in
                 similar circumstances.
           (3)   Nothing in this Act limits any entitlement --
                  (a) that a court, under a law, has to obtain police assistance;
                        or
25                (b) that a police officer, under a law, has to act on his or her
                        own volition.




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     Part 6       Miscellaneous


     s. 92


           (4)   A police officer --
                  (a) may search a person, or any thing in the possession of a
                        person, who is charged, or about to be charged, with
                        having committed an offence under clause 4(7) of
 5                      Schedule 1; and
                  (b) may seize any property found in the course of the search
                        that the police officer believes on reasonable grounds
                        was likely to have adversely affected the security, good
                        order or management of the court premises, had the
10                      person entered or remained in the court premises,
                 and may use such force as is reasonable to do so.

     92.         Evidentiary provision
                 In any proceedings a certificate purporting to be signed by the
                 CEO certifying as to a matter relating to --
15                 (a) a person's authority to exercise a Schedule power;
                   (b) any high-level security work or a permit;
                   (c) a direction of the CEO;
                   (d) an authorization for the purposes of section 41(1);
                   (e) a direction of an administrator;
20                  (f) a request under section 70, 71, 75, 79 or 80; or
                   (g) the custodial status of a person,
                 constitutes proof, in the absence of proof to the contrary, of the
                 matter so certified.

     93.         Regulations
25         (1)   The Governor may make regulations prescribing all matters that
                 are required or permitted by this Act to be prescribed or are
                 necessary or convenient to be prescribed for giving effect to this
                 Act.

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                                                                        s. 93


     (2)   Without limiting subsection (1), regulations may make
           provision for --
             (a) searches under clause 4(1) of Schedule 1 or clause 8 or
                   20 of Schedule 2;
 5           (b) the management, safekeeping and disposal of property --
                      (i) of persons for whom the CEO is responsible
                          under section 9, 12, 14 or 15; or
                     (ii) held on behalf of visitors to lock-ups, court
                          custody centres or any other part of court
10                        premises;
             (c) the health services to be provided to persons in custody for
                   whom the CEO is responsible under section 9, 12, 14 or 15;
             (d) the procedure to be followed in the event of the death of
                   a person for whom the CEO is responsible under
15                 section 9, 12, 14 or 15;
             (e)   visits to, and communications with, persons in custody for
                   whom the CEO is responsible under section 9, 12, 14 or 15;
             (f)   matters relating to persons appointed to visit, inspect
                   and report on --
20                    (i) lock-ups and court custody centres; and
                     (ii) vehicles and other facilities used by a contractor
                            to provide services under a contract;
            (g)    investigation procedures and dispute resolution
                   mechanisms for complaints about the provision of
25                 services under a contract or an arrangement under
                   section 18.
     (3)   Regulations made under this Act may provide that
           contravention of a regulation or a provision of a regulation
           constitutes an offence and provide for penalties not exceeding
30         $5 000.


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     Schedule 1     Powers in relation to court security services




      Schedule 1 -- Powers in relation to court security services
                                                   [ss. 3, 21, 22, 23, 24, 88, 91 and 93]

     1.         Meaning of "court premises" in this Schedule
                In this Schedule --
 5              "court premises" does not include any court custody centre that is
                    part of those premises.

     2.         Power to identify persons at court premises
          (1)   The power to ask a person who is about to enter, or who is already
                within, court premises --
10                (a)   for the person's name, address and date of birth;
                  (b)   for the person's reason for wishing to enter, or being within,
                        the court premises; and
                  (c)   to produce evidence of the person's identity,
                if the authorized person believes on reasonable grounds that --
15                (d)   the person is behaving, or is about to behave, in a disorderly
                        manner at the court premises;
                  (e)   the person has committed, or is about to commit, an offence
                        at the court premises; or
                  (f)   the person wishes to enter, or remain in, the court premises
20                      for an inappropriate purpose.
          (2)   A person must not, in response to a request under subclause (1) --
                  (a)   fail or refuse to provide the requested information;
                  (b)   give information that is false or misleading in a material
                        particular; or
25                (c)   provide any false evidence of identity.
                Penalty: $1 000.



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     3.         Power to deal with disorderly or suspicious persons at court
                premises
          (1)   The power to prevent a person from entering court premises if the
                person --
 5                (a)   is behaving in a disorderly manner at or in the immediate
                        vicinity of the court premises; or
                  (b)   does not satisfy the authorized person that he or she has a
                        proper reason for wishing to enter the court premises.
          (2)   The power to ask a person to leave court premises and, if the person
10              refuses to leave the court premises, to remove the person from the
                court premises, if the person --
                  (a)   is behaving in a disorderly manner at the court premises; or
                  (b)   does not satisfy the authorized person that he or she has a
                        proper reason for being at the court premises.
15        (3)   A person --
                  (a)   must not behave in a disorderly manner at court premises;
                        and
                  (b)   must comply with a request under subclause (2).
                Penalty: $1 000.

20   4.         Power to search persons and their possessions at court premises
          (1)   The power to ask a person who is about to enter, or who is already
                within, court premises --
                  (a) to allow a search to be made of his or her person; and
                  (b)   to allow a search to be made of any thing in the person's
25                      possession,
                for any property that the authorized person believes on reasonable
                grounds is likely to adversely affect the security, good order or
                management of the court premises.




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        (2)    Regulations may prescribe persons or members of classes of persons
               who are not to be searched under subclause (1).
        (3)    A search under subclause (1) --
                  (a)   may be conducted by one or more of the following means --
 5                        (i)    by using an electronic or other device that is designed
                                 to locate property that is a subject of the search;
                         (ii)    by visual inspection; or
                         (iii)   by frisk search;
                        and
10                (b)   must be conducted expeditiously and with regard to decency
                        and self-respect.
        (4)    For the purpose of conducting a search under subclause (1) the
               authorized person may require the person to be searched to remove --
                  (a)   an outer garment, but only if other outer clothing is worn
15                      underneath; and
                  (b)   gloves, headwear or footwear.
        (5)    A search under subclause (1) of a person apparently 10 or more years
               of age that involves the removal of clothing --
                  (a)   is not to be conducted unless the person to be searched has
20                      first been asked whether the person has with him or her any
                        property that is likely to adversely affect the security, good
                        order or management of the court premises and the person
                        has been given the opportunity to produce the property;
                  (b)   is not to be conducted unless the person to be searched has
25                      been given the opportunity to have the search conducted in
                        private and, if the person so chooses, the search is conducted
                        in private;
                  (c)   is to be conducted, where practicable, by an authorized
                        person of the same sex as the person searched;




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                  (d)   is to be conducted, where practicable, in the presence of only
                        persons of the same sex as the person searched; and
                  (e)   is to be conducted in the presence of not more than
                        2 authorized persons.
 5        (6)   A search under subclause (1) of a child apparently under 10 years of
                age that involves the removal of clothing is to be conducted --
                  (a)   by a female authorized person;
                  (b)   in the presence of the person accompanying the child unless
                        that person refuses to be present; and
10                (c)   otherwise in the presence only of female persons.
          (7)   A person must comply with a request made under subclause (1).
                Penalty: $1 000.

     5.         Power to require property to be deposited at court premises
          (1)   The power to ask a person who is about to enter, or who is already
15              within, court premises to deposit for safekeeping for the duration of
                the person's presence within the court premises --
                  (a)   any property that the authorized person believes on
                        reasonable grounds is likely to adversely affect the security,
                        good order or management of the court premises; or
20                (b)   any thing in the person's possession that is reasonably
                        capable of concealing such property.
          (2)   A person must comply with a request under subclause (1).
                Penalty: $1 000.

     6.         Further powers to refuse entry to, or remove persons from, court
25              premises
                The power --
                  (a)   to prevent a person from entering court premises; and




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     Schedule 1        Powers in relation to court security services



                  (b)     to ask a person to leave court premises and, if the person
                          refuses to leave the court premises, to remove the person
                          from the court premises,
                if --
 5                (c)     the authorized person is not satisfied on reasonable grounds
                          as to the person's identity;
                  (d)     the person does not comply with a request under clause 4(1)
                          to allow a search of his or her person or a thing in the
                          person's possession;
10                (e)     the person does not comply with a request under clause 5(1)
                          to deposit property; or
                  (f)     in the case of a courtroom, the person presiding has ordered
                          that proceedings in the courtroom be conducted in private.

     7.         Power to seize property from persons visiting court premises
15        (1)   The power to seize, without warrant, from a person who is about to
                enter, or who is already within, court premises any property that the
                authorized person believes on reasonable grounds is relevant to the
                commission of an offence under this Act.
          (2)   An authorized person who seizes property under subclause (1) --
20                (a)     must deliver the property to a member of the Police Force to
                          be dealt with according to law; and
                  (b)     subject to section 88 of this Act and to section 6(2) of the
                          Weapons Act 1998, has lawful possession of the item during
                          the period referred to in paragraph (a).




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                              Powers in relation to custodial services        Schedule 2




           Schedule 2 -- Powers in relation to custodial services
                         [ss. 3, 14, 15, 21, 22, 23, 24, 26, 47, 69, 74, 78, 86, 88 and 93]

          Division 1 -- Powers in relation to taking charge of, and moving,
                                persons in custody

 5   1.          Power to take charge of, and move, persons in the custody of law
                 enforcement officers
                 The power to take charge of, and move, a person in the custody of a
                 law enforcement officer in accordance with a request under
                 section 70, 71 or 75.

10   2.          Power to take charge of, and move, prisoners and detainees
           (1)   The power to take charge of a prisoner or detainee at any of the
                 following custodial places --
                   (a)   a court custody centre or lock-up (but if the authorized person
                         is a contract worker, the court custody centre or lock-up must
15                       be one that is managed under the relevant contract);
                   (b)   any other part of court premises;
                   (c)   a hospital or other place that is outside a prison or detention
                         centre and attended by the prisoner or detainee for medical
                         treatment;
20                 (d)   a place to which the prisoner has been removed under
                         section 28 of the Prisons Act 1981;
                   (e)   a place attended by the prisoner under section 83 of the
                         Prisons Act 1981; or
                   (f)   a place attended by the detainee under section 188(4) of the
25                       Young Offenders Act 1994,
                 in accordance with such of the provisions of the Prisons Act 1981 or
                 the Young Offenders Act 1994 or of an order, direction, warrant or
                 other instrument under those Acts or any other law, as are relevant to


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     Schedule 2     Powers in relation to custodial services



                the authorized person's taking charge of the prisoner or detainee at
                such a place.
          (2)   The power to move a prisoner or detainee between custodial places
                and to take charge of the prisoner or detainee while he or she is so
 5              moved or is being prepared to be moved, in accordance with such of
                the provisions of the Prisons Act 1981 or the Young Offenders
                Act 1994 or of an order, direction, warrant or other instrument under
                those Acts or any other law, as are relevant to the movement of the
                prisoner or detainee between such places.

10   3.         Power to take charge of, and move, persons in court custody
          (1)   The power to take charge of a person in court custody at any of the
                following custodial places --
                  (a) a court custody centre (but if the authorized person is a
                        contract worker, the court custody centre must be one that is
15                      managed under the relevant contract);
                  (b)   any other part of court premises; or
                  (c)   a hospital or other place that is attended by the person in
                        court custody for medical treatment,
                in accordance with the provisions of a court order.
20        (2)   The power to move a person in court custody between custodial
                places and to take charge of the person while he or she is so moved or
                is being prepared to be moved, in accordance with the provisions of a
                court order.

     4.         Power to move young persons remanded for observation
25              The power to move a young person between court premises and a
                place to which the court has, under section 49 of the Young Offenders
                Act 1994, remanded the young person for observation and to take
                charge of the young person while he or she is so moved or is being
                prepared to be moved, in accordance with the provisions of the order.




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                             Powers in relation to custodial services       Schedule 2



     5.         Power to move mentally ill or mentally impaired defendants
                The power to move a person who is the subject of a hospital order or a
                custody order under the Criminal Law (Mentally Impaired
                Defendants) Act 1996 between custodial places and to take charge of
 5              the person while he or she is so moved or is being prepared to be
                moved, in accordance with the provisions of the relevant order.

          Division 2 -- Powers in relation to keeping persons in custody

     6.         Powers in this Division apply in relation to exercise of Division 1
                powers
10              The powers set out in this Division may only be exercised --
                  (a)   by a person who is authorized to exercise a power under
                        Division 1 in relation to a person in custody; and
                  (b)   for the purposes of the authorized person's taking charge of,
                        or moving, the person in custody in accordance with the
15                      relevant request, provision, order, direction, warrant or other
                        instrument.

     7.         Power to take particulars of identity of persons in custody
          (1)   The power to take or cause to be taken from a person in custody who
                is at a custodial place or being moved between custodial places, all
20              such particulars as the authorized person thinks necessary or desirable
                for the identification of the person in custody, including the
                photograph, measurements, fingerprints and palmprints of the person
                in custody.
          (2)   Section 50AA (2) of the Police Act 1892 applies to photographs,
25              fingerprints, palmprints or other identification particulars of a person
                in custody that are taken under subclause (1).

     8.         Power to search persons in custody and their possessions
                The power to search a person in custody who is at a custodial place or
                being moved between custodial places and any thing in the person's


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     Schedule 2      Powers in relation to custodial services



                possession for any property that the authorized person believes on
                reasonable grounds is likely to adversely affect the security, good
                order or management of --
                  (a)   a custodial place; or
 5                (b)   a vehicle used for moving persons between custodial places.

     9.         Power to seize property from persons in custody
          (1)   The power to seize, without warrant, from a person in custody who is
                at a custodial place or being moved between custodial places any
                property that the authorized person believes on reasonable grounds is
10              likely to adversely affect the security, good order or management
                of --
                  (a)   a custodial place; or
                  (b)   a vehicle used for moving persons between custodial places.
          (2)   Property may be seized under subclause (1) from a prisoner or
15              detainee even though it was issued to, or is retained by, the prisoner or
                detainee with the approval of the superintendent of the relevant prison
                or detention centre.
          (3)   The power to seize, without warrant, from a prisoner or detainee who
                is at a custodial place or being moved between custodial places any
20              property --
                  (a)   which apparently was not issued to the prisoner or detainee
                        with the approval of the superintendent of the relevant prison
                        or detention centre; or
                  (b)   which is retained by the prisoner or detainee without the
25                      approval of that superintendent.
          (4)   An authorized person who seizes property under subclause (1) or (3)
                has lawful possession of the property subject to section 88 of this Act
                and to section 6(2) of the Weapons Act 1998.
          (5)   Property seized under subclause (1) or (3) is to be dealt with in
30              accordance with the CEO's rules.


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     10.         Power to take persons in custody from certain custodial places for
                 medical treatment
           (1)   In this clause --
                 "custodial place" means a custodial place other than a prison or a
 5                    detention centre;
                 "medical treatment" means medical treatment that cannot, by reason
                     of impracticality or urgency, be administered within a custodial
                     place.
           (2)   The power --
10                 (a)   to take a person in custody from a custodial place to a place
                         for medical treatment and, after the treatment, to return the
                         person in custody to the custodial place; and
                   (b)   to take charge of a person in custody while the person in
                         custody is admitted to a place for medical treatment.
15         (3)   The custodial status of a person is not affected by the person being
                 taken, under subclause (2), to a place for medical treatment.

     11.         Power to issue orders to persons in custody
           (1)   The power to issue to a person in custody, other than a prisoner or a
                 detainee, who is at a custodial place or being moved between
20               custodial places such orders as are necessary for the security, good
                 order or management of --
                   (a)   a custodial place; or
                   (b)   a vehicle used for moving persons in custody between
                         custodial places.
25         (2)   A person in custody referred to in subclause (1) must comply with an
                 order under that subclause.
                 Penalty: $300.
           (3)   The power to issue orders to a prisoner in accordance with
                 section 14(2) of Prisons Act 1981.



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           (4)   The power to issue orders to a detainee as if the authorized person
                 were a person having authority to give orders to a detainee for the
                 purposes of the Young Offenders Act 1994.

     12.         Power to restrain persons in custody
 5         (1)   The power to restrain a person in custody who is at a custodial place
                 or being moved between custodial places.
           (2)   The power to restrain a person in custody is limited to circumstances
                 in which, in the opinion of the authorized person, the restraint is
                 necessary --
10                 (a)   to prevent a person in custody injuring himself or herself or
                         any other person;
                   (b)   to prevent a person in custody from causing damage to
                         property;
                   (c)   on medical grounds but only if a doctor or nurse considers the
15                       restraint necessary; or
                   (d)   to prevent the escape of a person in custody --
                            (i)   where no physical barriers exist to prevent escape; or
                           (ii)   during the person's movement within a custodial
                                  place or between custodial places.
20         (3)   Despite subclause (2), the power to restrain a person in custody in a
                 courtroom --
                   (a)   is not to be exercised unless the person presiding in the
                         courtroom has directed that the person in custody be
                         restrained in the courtroom; and
25                 (b)   is to be exercised in accordance with any direction of the
                         person presiding in the courtroom.
           (4)   An authorized person must not restrain a person in custody by the use
                 of medication unless the restraint is on medical grounds and has the
                 approval of a doctor.




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           (5)   If a person in custody is restrained by an authorized person under
                 subclause (2)(a), (b) or (c), the use and circumstances of the restraint
                 must be recorded in accordance with the CEO's rules.
           (6)   If --
 5                 (a)   an adult person in custody is restrained by an authorized
                         person for a continuing period of more than 24 hours; or
                   (b)   a young person in custody is restrained by an authorized
                         person for a continuing period of more than 8 hours,
                 the use and the circumstances of the restraint must be reported
10               forthwith to the CEO by the authorized person.
           (7)   Regulations are to provide for --
                   (a)   the kinds of devices or substances other than medication that
                         can or cannot be used to restrain persons in custody;
                   (b)   the manner in which a device or substance must, or must not,
15                       be used to restrain persons in custody; and
                   (c)   the procedures to be followed in respect of the use of
                         restraints on persons in custody.

     13.         Power to prevent communication etc. with persons in custody
                 The power to prevent another person from communicating or
20               interfering with, or giving or passing anything to, a person in custody
                 if, in the opinion of the authorized person, that action is likely to
                 adversely affect the security, good order or management of --
                   (a)   a custodial place; or
                   (b)   a vehicle used for moving persons between custodial places.




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     14.          Power to make charges of prison offences
                  The power to make a charge of a prison offence as defined in the
                  Prisons Act 1981 that is alleged to have been committed by a
                  prisoner --
 5                  (a)   at a custodial place or when being moved between custodial
                          places; and
                    (b)   when the prisoner was in the charge of the authorized person.

     15.          Power to make charges of detention offences
                  The power to make a charge of a detention offence referred to in
10                section 170 of the Young Offenders Act 1994 that is alleged to have
                  been committed by a detainee --
                    (a)   at a custodial place or when being moved between custodial
                          places; and
                    (b)   when the detainee was in the charge of the authorized person.

15               Division 3 -- Powers in relation to intoxicated detainees

     16.          Powers as to intoxicated detainees
                  The power to take charge of, and move, an intoxicated detainee in
                  accordance with a request under section 79 or 80.

       Division 4 -- Powers in relation to visitors to lock-ups and court
20                            custody centres

     17.          Interpretation
           (1)    A reference in this Division to a lock-up or court custody centre is, if
                  the authorized person is a contract worker, a reference to a lock-up or
                  court custody centre that is managed under the relevant contract.
25         (2)    A reference in this Division to a person does not include a reference
                  to a person in custody.



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     18.         Power to identify visitors to lock-ups and court custody centres
           (1)   The power to ask a person who is about to enter, or who is already
                 within, a lock-up or a court custody centre--
                   (a)   for the person's name, address and date of birth;
 5                 (b)   for the person's reason for wishing to enter, or being within,
                         the lock-up or court custody centre; and
                   (c)   to produce evidence of the person's identity.
           (2)   A person must not, in response to a request under subclause (1) --
                   (a)   fail or refuse to provide the requested information;
10                 (b)   give information that is false or misleading in a material
                         particular; or
                   (c)   provide any false evidence of identity.
                 Penalty: $1 000.

     19.         Power to deal with disorderly or suspicious visitors to lock-ups
15               and court custody centres
           (1)   The power to prevent a person from entering a lock-up or a court
                 custody centre if the person --
                   (a)   is behaving in a disorderly manner at or in the immediate
                         vicinity of the lock-up or court custody centre; or
20                 (b)   does not satisfy the authorized person that he or she has a
                         proper reason for wishing to enter the lock-up or court
                         custody centre.
           (2)   The power to ask a person to leave a lock-up or court custody centre
                 and, if the person refuses to leave that place, to remove the person
25               from that place, if the person --
                   (a)   is behaving in a disorderly manner at the lock-up or court
                         custody centre; or
                   (b)   does not satisfy the authorized person that he or she has a
                         proper reason for being in the lock-up or court custody centre.



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     20.       Power to search visitors and their possessions at lock-ups and
               court custody centres
               The power to ask a person who is about to enter, or who is already
               within, a lock-up or court custody centre --
 5                (a)   to allow a search to be made of his or her person; and
                  (b)   to allow a search to be made of any thing in the person's
                        possession,
               for any property that the authorized person believes on reasonable
               grounds is likely to adversely affect the security, good order or
10             management of the lock-up or court custody centre.

     21.       Power to require visitors to lock-ups and court custody centres to
               deposit property
               The power to ask a person who is about to enter, or who is already
               within, a lock-up or court custody centre to deposit with an authorized
15             person for the duration of the person's presence within that place --
                  (a)   any property that the authorized person believes on
                        reasonable grounds is likely to adversely affect the security,
                        good order or management of that place; or
                  (b)   any thing in the person's possession that is reasonably
20                      capable of concealing such property.

     22.       Further powers to refuse entry to, or remove visitors from,
               lock-ups and court custody centres
               The power --
                  (a)   to prevent a person from entering a lock-up or court custody
25                      centre; and
                  (b)   to ask a person to leave a lock-up or court custody centre and,
                        if the person refuses to leave that place, to remove the person
                        from that place,




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                      Court Security and Custodial Services Bill 1998



                Powers in relation to custodial services      Schedule 2



    if --
      (c)   the authorized person is not satisfied on reasonable grounds
            as to the person's identity;
      (d)   the person does not comply with a request under clause 20 to
5           allow a search of his or her person or a thing in the person's
            possession; or
      (e)   the person does not comply with a request under clause 21 to
            deposit property.




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     Court Security and Custodial Services Bill 1998



     Schedule 3       Powers in relation to apprehension




                Schedule 3 -- Powers in relation to apprehension
                                                            [ss. 3, 21, 22, 23, 24 and 47]

     1.           Power to apprehend and detain certain persons
          (1)     The power to apprehend, without warrant, a person who the
 5                authorized person believes on reasonable grounds--
                    (a)   has committed an offence under this Act;
                    (b)   has escaped from legal custody from a custodial place or
                          when being moved between custodial places;
                    (c)   in the case of a person apprehended under the Mental Health
10                        Act and placed in a lock-up, has become absent without leave
                          from the lock-up or when being taken for medical treatment
                          under clause 10 of Schedule 2; or
                    (d)   in the case of an intoxicated detainee, has become absent
                          without having being released in accordance with Part VA of
15                        the Police Act 1892.
          (2)     The power to apprehend a person under subclause (1)(a) is limited to
                  apprehending the person --
                    (a)   immediately after the commission of the offence or the time
                          when the commission of the offence is discovered by the
20                        authorized person; and
                    (b)   at the custodial place where the offence was committed.
          (3)     The power to apprehend a person under subclause (1)(b), (c) or (d) is
                  limited to apprehending the person immediately after, and in direct
                  response to, the escape or absence.
25        (4)     Subject to subclause (5), an authorized person who apprehends a
                  person under subclause (1) --
                    (a)   must immediately inform a member of the Police Force of the
                          commission of the offence or the escape or absence from
                          legal custody and the apprehension; and


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                           Powers in relation to apprehension       Schedule 3



            (b)   may, in the case of an apprehended person who is not already
                  in custody, detain that person until a member of the Police
                  Force attends.
    (5)   An authorized person who apprehends a prisoner or detainee under
5         subclause (1)(b) must immediately inform the superintendent of the
          relevant prison or detention centre of the escape from legal custody
          and the apprehension.




 


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