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This is a Bill, not an Act. For current law, see the Acts databases.
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 54--2 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 page ii Court Security and Custodial Services Bill 1998 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 page iii Court Security and Custodial Services Bill 1998 Contents 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 page iv Court Security and Custodial Services Bill 1998 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 page v Court Security and Custodial Services Bill 1998 Contents 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 page vi Court Security and Custodial Services Bill 1998 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 page vii Court Security and Custodial Services Bill 1998 Contents 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: page 1 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; page 2 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 page 3 Court Security and Custodial Services Bill 1998 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; page 4 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; page 5 Court Security and Custodial Services Bill 1998 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; page 6 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; page 7 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. page 8 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. page 9 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. page 10 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 page 11 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 page 12 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. page 13 Court Security and Custodial Services Bill 1998 Part 2 Administration of court security and custodial services Division 2 Framework for administering court security and custodial 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; page 14 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. 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. page 15 Court Security and Custodial Services Bill 1998 Part 2 Administration of court security and custodial services Division 2 Framework for administering court security and custodial 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. page 16 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. 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. page 17 Court Security and Custodial Services Bill 1998 Part 2 Administration of court security and custodial services Division 2 Framework for administering court security and custodial services 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 page 18 Court Security and Custodial Services Bill 1998 Administration of court security and custodial services Part 2 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. page 19 Court Security and Custodial Services Bill 1998 Part 2 Administration of court security and custodial services 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. page 20 Court Security and Custodial Services Bill 1998 Administration of court security and custodial services Part 2 Other matters relating to administration of court security and Division 3 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. page 21 Court Security and Custodial Services Bill 1998 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; page 22 Court Security and Custodial Services Bill 1998 Administration of court security and custodial services Part 2 Court security and court custodial services Division 4 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. page 23 Court Security and Custodial Services Bill 1998 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. page 24 Court Security and Custodial Services Bill 1998 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; page 25 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. page 26 Court Security and Custodial Services Bill 1998 Contracts for court security and custodial services Part 3 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. page 27 Court Security and Custodial Services Bill 1998 Part 3 Contracts for court security and custodial services Division 1 Matters relating to contracts generally 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). page 28 Court Security and Custodial Services Bill 1998 Contracts for court security and custodial services Part 3 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 page 29 Court Security and Custodial Services Bill 1998 Part 3 Contracts for court security and custodial services 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. page 30 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. 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 page 31 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. page 32 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; page 52 Court Security and Custodial Services Bill 1998 Miscellaneous Part 6 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. page 53 Court Security and Custodial Services Bill 1998 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. page 54 Court Security and Custodial Services Bill 1998 Miscellaneous Part 6 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. page 55 Court Security and Custodial Services Bill 1998 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. page 56 Court Security and Custodial Services Bill 1998 Powers in relation to court security services Schedule 1 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. page 57 Court Security and Custodial Services Bill 1998 Schedule 1 Powers in relation to court security services (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; page 58 Court Security and Custodial Services Bill 1998 Powers in relation to court security services Schedule 1 (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 page 59 Court Security and Custodial Services Bill 1998 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). page 60 Court Security and Custodial Services Bill 1998 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 page 61 Court Security and Custodial Services Bill 1998 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. page 62 Court Security and Custodial Services Bill 1998 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 page 63 Court Security and Custodial Services Bill 1998 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. page 64 Court Security and Custodial Services Bill 1998 Powers in relation to custodial services Schedule 2 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. page 65 Court Security and Custodial Services Bill 1998 Schedule 2 Powers in relation to custodial services (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. page 66 Court Security and Custodial Services Bill 1998 Powers in relation to custodial services Schedule 2 (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. page 67 Court Security and Custodial Services Bill 1998 Schedule 2 Powers in relation to custodial services 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. page 68 Court Security and Custodial Services Bill 1998 Powers in relation to custodial services Schedule 2 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. page 69 Court Security and Custodial Services Bill 1998 Schedule 2 Powers in relation to custodial services 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, page 70 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. page 71 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 page 72 Court Security and Custodial Services Bill 1998 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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