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


PRISONS AMENDMENT BILL 1998

                    Western Australia



       Prisons Amendment Bill 1998


                      CONTENTS



1.       Short title                                       1
2.       Commencement                                      2
3.       The Act amended                                   2
4.       Section 3 amended                                 2
5.       Section 6 amended                                 3
6.       Section 7 amended                                 4
7.       Part IIIA inserted                                4
8.       Section 38 amended                               25
9.       Section 39 replaced                              26
10 .     Section 40 repealed                              27
11 .     Section 41 amended                               27
12 .     Section 42 amended                               27
13 .     Section 45 amended                               28
14 .     Section 46 amended                               28
15 .     Section 49 amended                               28
16 .     Section 49B inserted                             29
17 .     Section 54 amended                               30
18 .     Transitional                                     30
19 .     Miscellaneous amendments                         31

       Schedule 1 -- Miscellaneous amendments
1.       Anti-Corruption Commission Act 1988 amended      32

                                                       page i


                        56--1
Prisons Amendment Bill 1998



Contents



      2.      The Criminal Code amended                     32
      3.      Freedom of Information Act 1992 amended       32
      4.      Parliamentary Commissioner Act 1971 amended   33
      5.      Spent Convictions Act 1988 amended            34




page ii
                           Western Australia



                      LEGISLATIVE ASSEMBLY




           Prisons Amendment Bill 1998
                               A Bill for


An Act to amend the Prisons Act 1981 to provide for prison services
to be provided under contracts and for related matters and to amend
various other Acts as a consequence.



The Parliament of Western Australia enacts as follows:


1.      Short title
        This Act may be cited as the Prisons Amendment Act 1998.




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     Prisons Amendment Bill 1998


     s. 2




     2.         Commencement
          (1)   Subject to subsection (2), this Act comes into operation on such
                day as is fixed by proclamation.
          (2)   The day referred to in subsection (1) is not to be earlier than the
 5              day when all of Parts 2, 5, 6, 8 and 10 of the Court Security and
                Custodial Services (Consequential Provisions) Act 1998 have
                come into operation.
     3.         The Act amended
                The amendments in this Act are to the Prisons Act 1981* unless
10              otherwise indicated.
                [* Reprinted as at 21 November 1996.
                   For subsequent amendments see 1997 Index to Legislation of
                   Western Australia, Table 1, p. 188.]

     4.         Section 3 amended
15        (1)   Section 3(1) is amended by inserting the following definitions in
                the appropriate alphabetical order --
                "
                      "contract" means a contract entered into under
                          section 15B;
20                    "contractor" means a person who has entered into a
                          contract with the chief executive officer;
                      "high-level security work" means --
                          (a) work specified in section 15M as high-level
                                security work; and
25                        (b) work declared as high-level security work
                                under section 15N;
                      "permit" means a permit issued under section 15P to
                          do high-level security work;

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                                                             Prisons Amendment Bill 1998


                                                                                       s. 5



                            "prison services" means the management, control and
                                security of a prison and the welfare of the
                                prisoners at the prison;
                            "subcontractor" means a subcontractor of a contractor
 5                              and includes a person with whom a subcontractor
                                contracts and a person with whom that person
                                contracts;
                                                                                         ".
          (2)       Section 3(1) is amended by deleting the definition of "medical
10                  officer" and inserting the following definition instead --
                    "
                            "medical officer" means a person who is appointed or
                               engaged as a medical officer referred to in
                               section 6(3) or (4);
15                                                                                       ".
          (3)       Section 3(1) is amended in the definition of "officer" by
                    deleting "section 6 or section 13" and inserting instead --
                    "     , or as referred to in, section 6 or under section 13   ".
          (4)       Section 3(1) is amended by deleting the definition of "prison
20                  medical officer".

     5.             Section 6 amended
          (1)       Section 6(3) is amended by inserting after "such officers" --
                    "     including medical officers    ".
          (2)       Section 6(4) is repealed and the following subsection is inserted
25                  instead --
                "
                    (4)     Without limiting the appointment of medical officers
                            referred to in subsection (3), there may be appointed or

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     Prisons Amendment Bill 1998


     s. 6



                   engaged as medical officers for the purposes of this Act
                   medical practitioners --
                     (a) who are registered under the Medical Act 1894;
                          and
 5                   (b) who have current entitlement to practise under
                          that Act.
                                                                               ".

     6.       Section 7 amended
              Section 7(3) is amended by inserting after "superintendent" in
10            both places where it occurs --
              " or other officer   ".

     7.       Part IIIA inserted
              After section 15 the following Part is inserted --
     "
15             Part IIIA -- Contracts for prison services
                            Division 1 -- Preliminary
            15A.   Definitions
                   In this Part --
                   "administrator" means a person appointed or engaged
20                      under section 15Y or 15Z;
                   "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
25                            subcontractor;



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                                         Prisons Amendment Bill 1998


                                                                      s. 7



            "function" includes power, duty, responsibility and
                authority;
            "intervene", in relation to a contract, means --
                (a) to give directions as to the manner in which
 5                    a prison service that is a subject of the
                      contract is to be provided; or
                (b) to provide a prison service that is a subject of
                      the contract;
            "other officer" means an officer, except a medical
10              officer, referred to in section 6(3) or a person
                engaged under section 6(5);
            "perform", in relation to a function, includes the
                exercise of a power, responsibility or authority.

       Division 2 -- Matters relating to contracts generally
15   15B.   Contracts for prison services
            The chief executive officer may, for and on behalf of
            the State of Western Australia, enter into a contract
            with a person to provide prison services for the State.

     15C.   Minimum matters to be included in contracts
20          A contract must provide for --
              (a)   compliance by the contractor with this Act, any
                    other written law and the rules;
              (b)   objectives and performance standards in
                    relation to the provision of prison services
25                  under the contract;
              (c)   fees, costs and charges to be paid to and by the
                    contractor;



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     Prisons Amendment Bill 1998


     s. 7



                    (d)    compliance by the contractor with the
                           minimum standards established under
                           section 15D in relation to the provision of
                           prison services under the contract;
 5                  (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
10                           (ii) a subcontractor, or a member of a class
                                   of subcontractors, specified for the
                                   purposes of this paragraph by the chief
                                   executive officer in the contract;
                    (g)    the financial and other consequences of
15                         intervening in a contract under section 15W,
                           terminating or suspending a contract under
                           section 15X and of requisitioning property
                           under section 15ZC;
                    (h)    codes of ethics and conduct, as approved by the
20                         chief executive officer, to apply to the
                           contractor, any subcontractor and their
                           employees and agents;
                     (i)   reporting procedures to notify the chief
                           executive officer of escapes, deaths of prisoners
25                         and other emergencies or serious irregularities;
                     (j)   investigation procedures and dispute resolution
                           mechanisms for complaints about the provision
                           of prison services under the contract;
                    (k)    an indemnity by the contractor in favour of the
30                         State of Western Australia;



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                                          Prisons Amendment Bill 1998


                                                                      s. 7



               (l)   the office the holder of which is to be the
                     principal officer of the contractor and the
                     subcontractors under the relevant contract for
                     the purposes of the Anti-Corruption
 5                   Commission Act 1988, the Freedom of
                     Information Act 1992 and the Parliamentary
                     Commissioner Act 1971, respectively; and
              (m)    any other matter prescribed by regulation.

     15D.    Minimum standards
10     (1)   The chief executive officer must establish minimum
             standards applicable to the provision of prison services
             under a contract and the chief executive officer may,
             from time to time, amend the minimum standards.
       (2)   The Minister is to ensure that the minimum standards,
15           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.

     15E.    Minister, chief executive officer etc. may have access
20           to certain prisons, persons, vehicles and documents
       (1)   The Minister, the chief executive officer and any
             person authorized by the chief executive officer may, at
             any time, (with any assistants, prison dogs and
             equipment that the Minister, the chief executive officer
25           or authorized person thinks are necessary) have free
             and unfettered access to a prison, person, vehicle or
             document referred to in subsection (2) for the purpose
             of --
               (a) ensuring compliance with this Act, the rules or
30                   a contract; or


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     Prisons Amendment Bill 1998


     s. 7



                     (b)   ensuring that a prison service that is a subject of
                           a contract is being properly provided.
              (2)   A person referred to in subsection (1) may have access
                    to --
 5                    (a) a prison at which prison services are provided
                           under a contract;
                      (b) a prisoner in such a prison;
                      (c) a contract worker who works in such a prison;
                      (d) a vehicle used by a contractor to provide prison
10                         services under a contract;
                      (e) a prisoner in such a vehicle;
                       (f) a contract worker whose work is concerned
                           with such a vehicle; and
                      (g) all documents in the possession of the
15                         contractor or a subcontractor in relation to any
                           prison service that is a subject of a contract.
              (3)   The chief executive officer may authorize a person for
                    the purposes of subsection (1).
              (4)   An authorization must be in writing and may be made
20                  subject to such conditions and limitations specified in
                    the authorization as the chief executive officer thinks
                    fit.
              (5)   A person must not hinder or resist a person referred to
                    in subsection (1) when the person is exercising or
25                  attempting to exercise a power under that subsection.
                    Penalty: $20 000.




     page 8
                                          Prisons Amendment Bill 1998


                                                                        s. 7



       (6)   Nothing in this section limits any entitlement that a
             person, under a law, has to have access to a place,
             vehicle, person or document referred to in
             subsection (2).

 5   15F.    Administrators and reporting officers may have
             access to certain prisons, persons, vehicles and
             documents
       (1)   An administrator and a reporting officer appointed
             under section 9 may, at any time, (with any assistants,
10           prison dogs and equipment that the administrator or
             reporting officer thinks are necessary) have free and
             unfettered access to a prison, vehicle, person or
             document referred to in section 15E(2) for the purpose
             of enabling the administrator or reporting officer to
15           perform his or her functions.
       (2)   A person must not hinder or resist an administrator or
             reporting officer when the administrator or reporting
             officer is exercising or attempting to exercise a power
             under subsection (1).
20           Penalty: $20 000.
       (3)   Nothing in this section limits any entitlement that a
             person, under a law, has to have access to a place,
             vehicle, person or document referred to in
             section 15E(2).

25   15G.    Annual reports
       (1)   The chief executive officer is to prepare and deliver to
             the Minister by 30 September each year a report on
             each contractor who provided prison services under a
             contract in the preceding 12 months.



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     Prisons Amendment Bill 1998


     s. 7



               (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
 5                     (b) the extent to which there has been compliance
                             with the 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
10                   report.

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

               Division 3 -- Authorization of contract workers to
15                            perform functions
            15I.     Contract workers' functions
               (1)   The chief executive officer may authorize a contract
                     worker who holds a permit, to perform any of the
                     functions that --
20                     (a) a superintendent;
                       (b) a prison officer; or
                       (c) an other officer,
                     has under this Act except a function referred to in
                     section 15J.




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                                             Prisons Amendment Bill 1998


                                                                          s. 7



       (2)   An authorization must be in writing and may be made
             subject to such conditions and limitations specified in
             the authorization as the chief executive officer thinks
             fit.

 5   15J.    Limitation on functions of contract workers
       (1)   A contract worker cannot be authorized to perform a
             function that cannot be delegated to a person under
             section 8(1).
       (2)   A contract worker cannot be authorized to perform a
10           superintendent's function of a kind referred to in a
             provision of this Act that is set out in the Table to this
             subsection.
                                    Table
             s. 31(2)                       s. 74(3)
             s. 32(1)(b)                    s. 75(1) and (2)
             s. 47(1) and (2)               s. 76(1) and (2)
             s. 71(1) and(2)                s. 77(1) and (2)
             s. 73(a) (second               s. 80(1) and (2)
             reference to
             superintendent only)

       (3)   A contract worker cannot be authorized to perform a
15           superintendent's function of a kind referred to in
             Part X.
       (4)   A contract worker cannot be authorized to perform a
             prison officer's function referred to in section 47(1)
             or (2).




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     Prisons Amendment Bill 1998


     s. 7



            15K.     Effect of authorization
               (1)   Subject to subsections (2), (3), (4), (5) and (6), a
                     contract worker who is authorized under section 15I to
                     perform a function of --
 5                     (a) a superintendent;
                       (b) a prison officer; or
                       (c) an other officer,
                     must, for the purposes of this Act and any other written
                     law, be deemed to be a superintendent, prison officer or
10                   other officer, as the case requires, in relation to that
                     function.
               (2)   A reference to a superintendent in Part X does not
                     include a reference to a contract worker.
               (3)   A reference to a prison officer or any other officer in a
15                   provision of this Act that is set out in the Table to this
                     subsection does not include a reference to a contract
                     worker.
                                             Table
                     s. 13(1), (2) and (3)           s. 110(1)(b), (d), (e), (v),
                                                     and (w)
                     Part X                          s. 114(1), (3), (6), (8), (9),
                                                     (11) and (12)
               (4)   If prison services in relation to a prison are being
20                   provided under a contract, a reference to the prison's
                     superintendent in a provision that is set out in the Table
                     to section 15J(2) in relation to that prison is to be
                     regarded as a reference to a superintendent of a prison
                     that is not managed under a contract.




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                                           Prisons Amendment Bill 1998


                                                                          s. 7



       (5)   If prison services in relation to a prison are being
             provided under a contract, a reference to a prison
             officer in section 47(1) or (2) in relation to that prison
             is to be regarded as a reference to a prison officer
 5           engaged under section 13.
       (6)   A contract worker referred to in subsection (1) --
              (a) does not hold the position of superintendent,
                    prison officer or other officer, as the case
                    requires; and
10            (b) is not subject to the Public Sector Management
                    Act 1994.
     Division 4 -- Vetting and control of contract workers in
                relation to high-level security work
     15L.    Interpretation in this Division of "offence for which
15           the 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 person is convicted in
                     any part of the world; and
20             (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 world.
25   15M.    High-level security work
             A prison service is high-level security work if --
              (a) it is of a kind that requires the person providing
                    it to exercise a power of a superintendent, a
                    prison officer or any other officer; and
30            (b) it is provided by a contract worker.

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     Prisons Amendment Bill 1998


     s. 7



            15N.     Chief executive officer may declare other kinds of
                     work to be high-level security work
               (1)   The chief executive officer may, in writing, declare as
                     high-level security work --
 5                     (a) a prison service of a kind that requires a
                             contract worker to deal directly with prisoners
                             except a prison service referred to in
                             section 15M;
                       (b) work that requires a contract worker to have
10                           access to information about prisoners; or
                       (c) any other work to be done by a contract worker
                             that in the opinion of the chief executive officer
                             should be declared to be high-level security
                             work.
15             (2)   The chief executive officer may amend a declaration.
               (3)   The chief executive officer 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.
20             (4)   The validity of a declaration or an amendment of a
                     declaration is not affected by failure to publish the
                     notice.

            15O.     Contract workers require permits to do high-level
                     security work
25                   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 work and does the work in accordance
                     with the permit.
                     Penalty: Imprisonment for 3 years.


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                                             Prisons Amendment Bill 1998


                                                                       s. 7



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

20   15Q.    Information about applicants for permits
       (1)   The chief executive officer 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
25                   contract worker is convicted;
               (b) information about any disciplinary proceedings
                     conducted against the contract worker in the
                     course of his or her employment;



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     Prisons Amendment Bill 1998


     s. 7



                       (c)   information about any other matter that is
                             relevant to the suitability of the contract worker
                             to do high-level security work; and
                      (d)    a photograph of the contract worker.
 5             (2)   A person must not give information or a photograph
                     that is false or misleading in a material particular in
                     response to a requirement under subsection (1).
                     Penalty: Imprisonment for 3 years.
               (3)   If a contract worker applies for a permit the contract
10                   worker is to authorize the Commissioner of Police to
                     provide to the chief executive officer and the relevant
                     contractor --
                       (a) information about any offence for which the
                             contract worker is convicted; and
15                     (b) such other information as is required by the
                             chief executive officer to determine the
                             suitability of the contract worker to do
                             high-level security work.
               (4)   A person must not give information that is false or
20                   misleading in a material particular in an authority
                     under subsection (3).
                     Penalty: Imprisonment for 3 years.

            15R.     Taking of fingerprints and palmprints
               (1)   The chief executive officer may, in writing, require a
25                   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 Force or
                     an employee of the Police Service.



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                                                                    s. 7



       (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
 5             (b) when the permit no longer has effect.

     15S.    Refusal to issue permit
       (1)   The chief executive officer may refuse to issue a
             contract worker with a permit to do high-level security
             work if, in the opinion of the chief executive officer --
10             (a) the contract worker has not complied with a
                     requirement under section 15Q(1);
               (b) the contract worker has not given an authority
                     under section 15Q(3);
               (c) the contract worker has not complied with a
15                   requirement under section 15R(1);
               (d) the contract worker has not completed training
                     approved by the chief executive officer;
               (e) the contract worker has failed to satisfy the
                     chief executive officer that the contract worker
20                   is a fit and proper person to do high-level
                     security work;
                (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
25                   relevant reason;
               (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
30             (h) it is not in the public interest to do so.

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     Prisons Amendment Bill 1998


     s. 7



               (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.

 5          15T.     Determining suitability of contract workers to keep
                     holding permits
               (1)   To determine the suitability of a contract worker to
                     continue to do high-level security work the chief
                     executive officer may --
10                     (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; and
15                     (c) enquire into the honesty and integrity of the
                            contract worker's known associates.
               (2)   If a contract worker holds a permit the chief executive
                     officer may, at any time, in writing require the contract
                     worker or the relevant contractor to provide
20                   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
25                           employment; and
                       (c) any other matter that is relevant to the
                             suitability of the contract worker to continue to
                             do high-level security work.




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                                          Prisons Amendment Bill 1998


                                                                     s. 7



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

20   15U.    Suspension or revocation of permits
       (1)   The chief executive officer may, at any time, suspend
             or revoke a permit issued to a contract worker if, in the
             opinion of the chief executive officer --
               (a) the permit ought not to have been issued to the
25                  contract worker, or ought not to continue in
                    force in respect of the contract worker, having
                    regard to the grounds referred to in
                    section 15S(1)(d) to (h); or




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     Prisons Amendment Bill 1998


     s. 7



                      (b)   the contract worker has failed to comply
                            with --
                               (i) this Act, the rules or standing orders;
                              (ii) a direction given to the contract worker
 5                                 under this Act, the rules, a standing
                                   order or the relevant contract;
                             (iii) an order, direction, warrant or other
                                   instrument under any law directed to the
                                   contract worker in relation to a prisoner;
10                           (iv) a code of ethics or conduct provided for
                                   under the relevant contract; or
                              (v) a requirement under section 15T(2)
                                   or (4).
               (2)   The chief executive officer may suspend or revoke any
15                   permit issued to any contract worker if --
                       (a) the chief executive officer intervenes in the
                             relevant contract under section 15W or
                             terminates or suspends the relevant contract
                             under section 15X; or
20                     (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 duty of procedural fairness) do not
                     apply to or in relation to the suspension or revocation
25                   of a permit under subsection (2).

            15V.     Gazettal of permit details
               (1)   The chief executive officer is to ensure that notice of
                     the issue, suspension, reinstatement or revocation of a
                     permit is published in the Gazette within 14 days after
30                   the day the event occurs.

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                                          Prisons Amendment Bill 1998


                                                                       s. 7



       (2)   The validity of the issue, suspension, reinstatement or
             revocation of a permit is not affected by failure to
             publish the notice.

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

     15X.    Termination or suspension of contracts
20     (1)   The chief executive officer, with the Minister's
             approval, may on behalf of the State terminate or
             suspend (wholly or partially) a contract if, in the
             opinion of the chief executive officer --
               (a) there are grounds for doing so under
25                  subsection (2); and
               (b) the termination or suspension of the contract is
                    in the public interest.



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     Prisons Amendment Bill 1998


     s. 7



               (2)   The grounds for terminating or suspending a contract
                     are that --
                       (a) the contractor becomes insolvent within the
                             meaning of the contract;
 5                     (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 chief executive officer;
                       (c) the contractor has committed a material breach
10                           of the 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
15                     (e) the chief executive officer gives the contractor
                             written notice to the effect 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.

20          15Y.     Administrator where intervention in contract
               (1)   If the chief executive officer intervenes in a contract
                     under section 15W the chief executive officer may
                     appoint or engage an administrator --
                       (a) to give directions as to the manner in which a
25                           prison service that is subject of the contract is
                             to be provided; or
                       (b) to provide a prison service that is a subject of
                             the contract.




     page 22
                                           Prisons Amendment Bill 1998


                                                                      s. 7



       (2)   The directions given by an administrator and the
             provision by an administrator of a prison service that is a
             subject of a contract must be in accordance with the terms
             of the administrator's appointment or engagement.
 5     (3)   An administrator cannot be appointed or engaged for
             a period exceeding one year but can be reappointed
             or re-engaged if, after review of the reason for
             intervention in a contract, the chief executive officer
             determines that the reason for the intervention still
10           exists.

     15Z.    Administrator where termination or suspension of
             contract
       (1)   If the chief executive officer terminates or suspends a
             contract under section 15X the chief executive officer
15           may appoint or engage an administrator --
               (a) to provide any prison service that was a subject
                     of the terminated contract; or
               (b) to provide any prison service that is a subject of
                     the suspended contract.
20     (2)   The provision by an administrator of a prison service
             that was or 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
25           period exceeding one year but can be reappointed or
             re-engaged if the chief executive officer determines --
               (a) in the case of the termination of a contract, that
                     matters arising from the terminated contract
                     have not been properly resolved; or



                                                                  page 23
     Prisons Amendment Bill 1998


     s. 7



                      (b)   in the case of the suspension of a contract, that
                            the reason for the suspension still exists.
            15ZA.    Administrator's functions
                     An administrator may, for the purposes of performing
 5                   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 had under a
10                                   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;
15                            and
                       (b) exercise any power of a superintendent, a
                             prison officer or any other officer.

            15ZB.    Compliance with administrator's directions
               (1)   If an administrator is appointed under section 15Y then
20                   for the period of the appointment or engagement --
                       (a) the contractor;
                       (b) each subcontractor; and
                       (c) any person appointed or employed by the
                             contractor or a subcontractor to manage a
25                           service that is a subject of a contract,
                     must comply with the administrator's directions in
                     respect of the management or provision of the service,
                     or the ceasing of the provision of the service.
                     Penalty: $50 000.

     page 24
                                                        Prisons Amendment Bill 1998


                                                                                    s. 8



                    (2)   If an administrator is appointed or engaged under
                          section 15Y then for the period of the appointment or
                          engagement any contract worker who has a function in
                          respect of a prison service that is a subject of the
 5                        relevant contract must comply with the administrator's
                          directions as to the performance of the function.
                          Penalty: $5 000.
            15ZC.         Requisitioning property on intervention in, or
                          termination of, contract
10                        If the chief executive officer intervenes in a contract
                          under section 15W or terminates or suspends a contract
                          under section 15X, the chief executive officer or an
                          administrator (with the chief executive officer's
                          approval) may --
15                          (a) no later than 2 months after the intervention,
                                  termination or suspension, requisition any
                                  property used in relation to the provision of a
                                  prison service that is a subject of the contract or
                                  was a subject of the terminated contract; and
20                          (b) use the property for the ongoing provision of
                                  that prison service for no longer than 12 months
                                  after the requisition of the property.
                                                                                        ".
     8.             Section 38 amended
25        (1)       Section 38(1) is repealed and the following subsection is
                    inserted instead --
                "
                    (1)   The chief executive officer is to ensure that medical
                          care and treatment is provided to the prisoners in each
30                        prison.
                                                                                        ".

                                                                               page 25
     Prisons Amendment Bill 1998


     s. 9



          (2)     Section 38(2) is amended by deleting "the prison medical
                  officer or" in each place where it occurs and inserting instead --
                  "   a ".
          (3)     Section 38(3) is amended by deleting "prison medical officer or
 5                medical officer who is responsible under this section" and
                  inserting instead --
                  "   medical officer who is responsible   ".

     9.           Section 39 replaced
                  Section 39 is repealed and the following section is inserted
10                instead --
     "
            39.         Duties of medical officers
                        A medical officer shall --
                         (a) attend at a prison at such times and on such
15                            occasions as are specified in the terms of the
                              medical officer's appointment or engagement;
                         (b) on the request of the chief executive officer,
                              examine a prisoner as soon as practicable after
                              the prisoner's admission to prison and ascertain
20                            and record the prisoner's state of health and any
                              other circumstance connected with the
                              prisoner's health, as the medical officer
                              considers necessary;
                         (c) maintain a record of the medical condition and
25                            the course of treatment prescribed in respect of
                              each prisoner under the medical officer's care;
                         (d) make such returns and reports to the chief
                              executive officer as the chief executive officer
                              may from time to time direct;

     page 26
                                                    Prisons Amendment Bill 1998


                                                                              s. 10



                        (e)    make records referred to in paragraphs (b) and
                               (c) relating to a prisoner available, upon
                               request, to the chief executive officer;
                         (f)   on the request of the chief executive officer,
 5                             give close medical supervision to a prisoner in
                               separate confinement;
                        (g)    on the request of the chief executive officer,
                               examine and treat a prisoner who requires
                               medical care and treatment; and
10                      (h)    on the request of the chief executive officer or a
                               superintendent, examine a prisoner.
                                                                                    ".

     10.         Section 40 repealed
                 Section 40 is repealed.

15   11.         Section 41 amended
                 Section 41(3) is amended by inserting after "may" --
                 "
                      , subject to section 49B of this Act and to section 6(2)
                      of the Weapons Act 1998,
20                                                                                  ".

     12.         Section 42 amended
           (1)   Section 42(1)(b) is amended by deleting "the prison medical
                 officer or the" and inserting instead --
                 "   a ".
25         (2)   Section 42(2) is amended by deleting "the prison medical
                 officer, or the" and inserting instead --
                 "   a ".

                                                                           page 27
     Prisons Amendment Bill 1998


     s. 13



     13.       Section 45 amended
               Section 45 is amended as follows:
                   (a)    in paragraph (c) by deleting "the prison medical officer
                          or the medical officer, as the case may be," and inserting
 5                        instead --
                          " a medical officer ";
                   (b)    in paragraph (d) by deleting "the prison medical officer
                          or the medical officer, as the case may be," and inserting
                          instead --
10                        " a medical officer ";
                   (c)    by deleting "the prison medical officer or".

     14.       Section 46 amended
               Section 46 is amended by deleting "the prison medical officer,
               the medical officer," and inserting instead --
15             "    a medical officer     ".

     15.       Section 49 amended
               Section 49(5) is amended by inserting after "and," --
               "
                         subject to section 49B of this Act and to section 6(2) of
20                       the Weapons Act 1998,
                                                                                     ".




     page 28
                                                 Prisons Amendment Bill 1998


                                                                           s. 16



     16.     Section 49B inserted
             After section 49A the following section is inserted --
     "
           49B.    Possession of firearms, prohibited drugs etc. by
 5                 prison officers
             (1)   A prison officer who comes into possession of property
                   under section 41, 49 or 49A does not commit --
                     (a) an offence under the Firearms Act 1973 in
                          relation to possession of a firearm, ammunition
10                        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,
15                 if the prison officer possesses the property for a reason
                   set out in subsection (2).
             (2)   A prison officer may possess the property --
                     (a)   so as to deliver it into the custody of a member
                           of the Police Force or an employee of the
20                         Police Service; or
                    (b)    in the case of a firearm, if the prison officer is
                           authorized under this Act to be in possession of
                           the firearm for the purposes of section 47.
                                                                                ".




                                                                       page 29
     Prisons Amendment Bill 1998


     s. 17



     17.              Section 54 amended
                      After section 54(1) the following subsection is inserted --
                 "
                     (1a)   A person is not to be appointed as a prison visitor for a
 5                          prison where prison services are being provided under
                            a contract if --
                              (a) the person has any financial interest in the
                                    contract; or
                              (b) the person is, or to any extent controls,
10                                  manages or owns, the contractor or a
                                    subcontractor under the contract.
                                                                                        ".

     18.              Transitional
           (1)        A person who, immediately before the commencement of this
15                    Act, was a prison medical officer as defined in the Prisons
                      Act 1981 is, on and after the commencement of this Act, to be
                      taken to be --
                        (a) a medical officer referred to in section 6(3) of the
                              Prisons Act 1981 as amended by this Act; and
20                      (b) appointed on the same terms and conditions, including
                              as to remuneration, as those which applied to the person
                              immediately before the commencement of this Act.
           (2)        A person who, immediately before the commencement of this
                      Act, was a medical officer as defined in the Prisons Act 1981 is,
25                    on and after the commencement of this Act, to be taken to be --
                        (a) a medical officer referred to in section 6(4) of the
                             Prisons Act 1981 as amended by this Act; and




     page 30
                                            Prisons Amendment Bill 1998


                                                                     s. 19



           (b)   appointed or engaged (as is relevant to the case) on the
                 same terms and conditions, including as to
                 remuneration, as those which applied to the person
                 immediately before the commencement of this Act.

5   19.   Miscellaneous amendments
          Amendments are made as set out in Schedule 1.




                                                                  page 31
     Prisons Amendment Bill 1998


     Schedule 1       Miscellaneous amendments




                    Schedule 1 -- Miscellaneous amendments
                                                                                  [s. 19 ]

     1.         Anti-Corruption Commission Act 1988 amended
          (1)   Section 3(1) is amended in the definitions of "contractor" and
 5              "subcontractor" in each case by inserting after "1998" --
                " or the Prisons Act 1981, as is relevant to the case        ".
          (2)   Section 14(7)(b) is amended by inserting after "1998" --
                "
                          or the chief executive officer as defined in the Prisons
10                        Act 1981, as is relevant to the case
                                                                                       ".

     2.         The Criminal Code amended
                Section 1(1) is amended in the definition of "public officer" after
                paragraph (ca) by inserting the following paragraph --
15                    "
                               (cb)   a person who holds a permit to do high-level
                                      security work as defined in the Prisons
                                      Act 1981;
                                                                                       ".

20   3.         Freedom of Information Act 1992 amended
          (1)   Section 63(3)(aa) is amended as follows:
                    (a)    by inserting after "1998" --
                           " or the Prisons Act 1981       ";
                    (b)    by inserting after "committed" --
25                         "    , as is relevant to the case ".


     page 32
                                                        Prisons Amendment Bill 1998


                                          Miscellaneous amendments              Schedule 1



          (2)   Schedule 2 is amended in the Glossary in the definitions of
                "contractor" and "subcontractor" in each case by inserting
                after "1998" --
                "    or the Prisons Act 1981, as is relevant to the case   ".

 5   4.         Parliamentary Commissioner Act 1971 amended
          (1)   Section 4 is amended in the definitions of "contractor" and
                "subcontractor" in each case by inserting after "1998" --
                " or the Prisons Act 1981, as is relevant to the case            ".
          (2)   Section 4 is amended in paragraph (b) of the definition of
10              "responsible Minister" as follows:
                    (a)   by inserting after "1998" --
                          " or the Prisons Act 1981 ";
                    (b)   by inserting after "committed" --
                          "   , as is relevant to the case ".
15        (3)   Section 19(7)(b) is amended as follows:
                    (a)   by inserting after "1998" --
                          " or the Prisons Act 1981 ";
                    (b)   by inserting after "committed" --
                          "   , as is relevant to the case ".




                                                                                      page 33
    Prisons Amendment Bill 1998


    Schedule 1     Miscellaneous amendments



    5.        Spent Convictions Act 1988 amended
              Schedule 3 is amended by deleting item 5 in the Table to clause 1 and
              inserting the following item instead --
         "
              5.
                     A person --                                       Section 18,
                                                                      19, 20, 22
                           (a)    who is employed, or who is          and
                                  being considered for                Division 4
                                  employment, as a prison officer
                                  under the Prisons Act 1981; or
                           (b)    who holds, or who is applying
                                  to be issued with, a permit to do
                                  high-level security work as
                                  defined in that Act.


5                                                                                   ".




 


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