Western Australian Current Acts

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PRISONS ACT 1981


TABLE OF PROVISIONS

           Long Title

   PART I -- Preliminary  

   1.      Short title
            
   2.      Commencement
            
   3.      Terms used

   PART II -- Establishment of prisons  

   4.      Existing prisons continued
            
   5.      Orders for prisons

   PART III -- Officers  

   6.      Appointment of officers
            
   7.      Powers and duties of chief executive officer
            
   8.      Delegation by chief executive officer
            
   9.      Chief executive officer may set up inquiry
            
   10.     Failure to supply information to inquiry
            
   11.     Application of Financial Management Act 2006 and Auditor General Act 2006
            
   12.     Duties of officers
            
   13.     Engagement of prison officers
            
   14.     Powers and duties of prison officers
            
   15.     Assistance by police officers

   PART IIIA -- Contracts for prison services

           Division 1 -- Preliminary  

   15A.    Terms used

           Division 2 -- Matters relating to contracts generally  

   15B.    Contracts for prison services
            
   15C.    Minimum matters to be included in contracts
            
   15D.    Minimum standards
            
   15DA.   Penalty for breach
            
   15E.    Minister, chief executive officer etc. may have access to certain prisons, persons, vehicles and documents
            
   15F.    Administrators and reporting officers may have access to certain prisons, persons, vehicles and documents
            
   15G.    Annual reports and tabling of contracts
            
   15H.    No contracting out

           Division 3 -- Authorisation of contract workers to perform functions  

   15I.    Contract workers’ functions
            
   15J.    Limitation on functions of contract workers
            
   15K.    Effect of authorisation

           Division 4 -- Vetting and control of contract workers in relation to high-level security work  

   15L.    Term used: offence for which the contract worker is convicted
            
   15M.    High-level security work
            
   15N.    Chief executive officer may declare other kinds of work to be high-level security work
            
   15O.    Contract workers require permits to do high-level security work
            
   15P.    Issue of permits to do high-level security work
            
   15Q.    Information about applicants for permits
            
   15R.    Taking of fingerprints and palmprints
            
   15S.    Refusal to issue permit
            
   15T.    Determining suitability of contract workers to keep holding permits
            
   15U.    Suspension or revocation of permits
            
   15V.    Gazettal of permit details

           Division 5 -- Intervention in, and termination of, contracts  

   15W.    Intervention in contracts
            
   15X.    Termination or suspension of contracts
            
   15Y.    Administrator where intervention in contract
            
   15Z.    Administrator where termination or suspension of contract
            
   15ZA.   Administrator’s functions
            
   15ZB.   Compliance with administrator’s directions
            
   15ZC.   Requisitioning property on intervention in, or termination of, contract

   PART IV -- Custody, removal and release of prisoners  

   16.     Prisoners in custody of chief executive officer
            
   17.     Reckoning of sentence
            
   18.     Conveyance of prisoners for trial etc.
            
   19.     Warrants of commitment
            
   20.     Proof of imprisonment
            
   23.     Prisoner assigned to external facility in lawful custody
            
   24.     Prisoner absent under permit in lawful custody
            
   25.     Prisoner attending legal or investigative proceedings in lawful custody
            
   26.     Removal of prisoner to another prison
            
   31.     Chief executive officer and superintendent’s powers of early discharge
            
   32.     Prison offences by prisoners due for release
            
   33.     Provision of fare home on release

   PART V -- Management, control and security of prisons  

   35.     Chief executive officer may make rules
            
   36.      Superintendents of prisons
            
   37.     Superintendent may issue standing orders
            
   41.     Search of prisoners and taking of things found
            
   42.     Restraint
            
   43.     Separate confinement
            
   44.     Separation of male and female prisoners
            
   46.     Medical examination for evidentiary purposes
            
   46A.    Inspection of medical records and mandatory taking of blood or other body sample where prison officer may have been exposed to infectious disease
            
   46B.    Review of s. 46A
            
           47. Use of firearms
            
   48.     Use of force on serious breach of security
            
   49.     Power to search and question persons entering prison
            
   49A.    Use of dogs
            
   49B.    Possession of firearms, prohibited drugs etc. by prison officers
            
   50.     Penalty in respect of unauthorised articles
            
   51.     Superintendent may delegate powers under s.
            
   52.      Offences in respect of loitering, unauthorised entry and unauthorised communications

   PART VI -- Prison visits and communications involving prisoners  

   54.     Appointment of visiting justices
            
   56.     Duties of visiting justice
            
   57.     Right of entry of independent prison visitors and judges
            
   58.     Cooperation with official visitors
            
   59.     Visits by friends and relations of prisoners
            
   60.     Declaration of visitors
            
   60A.    Protection of proof of identity of visitor to prison
            
   61.     Visits by certain officials
            
   62.     Visits by legal practitioner
            
   63.     Visits by police
            
   64.     Visits by public officers
            
   65.     Other visitors to prisoners
            
   66.     Visitor may be refused entry or removed
            
   67.     Letters and parcels from by prisoners
            
   67A.    Prisoner’s mail not to be sent to certain persons
            
   68.     Letters and parcels addressed to prisoners

   PART VII -- Prison offences  

   69.     Minor prison offences
            
   70.     Aggravated prison offences
            
   71.     Charges of prison offences
            
   72.     Visiting justice may determine minor prison offences
            
   73.     Visiting justice and aggravated prison offences
            
   74.     Hearing of charges
            
   74A.    Charges may be heard and determined by video link
            
   75.     Procedure for hearing charges of minor prison offences
            
   76.     Prisoner not to be legally represented
            
   77.     Imposition of penalties by superintendent
            
   78.     Imposition of penalties by visiting justice
            
   79.     Imposition of penalties by court of summary jurisdiction
            
   80.     Punishment book
            
   81.     Reports of punishments under s. 79 to chief executive officer
            
   82.     Punishment by confinement

   PART VIII -- Authorised absences from prison  

   83.     Permits to be absent from prison
            
   83A.    Effect of permit
            
   83B.    Revocation or cancellation of permit
            
   84.     Breach of condition of permit
            
   85.     Attendance of prisoner at legal or investigative proceedings
            
   86.     Consequence of escape or of failure to comply with absence permit or order
            
   87.     Regulations about absences from prison
            
   88.     Interstate arrangements

   PART IX -- Prisoner wellbeing and rehabilitation  

   95.     Preparation and implementation of activity programmes
            
   95A.    Medical care of prisoners
            
   95B.    Duties of medical officers
            
   95C.    Health inspection of prisons
            
   95D.    Power of medical examination and treatment
            
   95E.    Practice of religion or spiritual beliefs by prisoners

   PART X -- Discipline of prison officers

           Division 1 -- Preliminary  

   96.     Term used: prison officer

           Division 2 -- General discipline  

   97.     Regulations, rules to be strictly observed
            
   98.     Application of Public Sector Management Act 1994 PART

           Division 3 -- Removal of prison officers due to loss of confidence

              Subdivision 1 -- Preliminary  

   99.     Terms used

              Subdivision 2 -- Removal of prison officers  

   100.    Application of Subdivision
            
   101.    Removal action
            
   102.    Notice of loss of confidence
            
   103.    Maintenance payment
            
   104.    Withdrawal of removal action and revocation of removal
            
   105.    Resignation of prison officer who has been removed

              Subdivision 3 -- Appeal against removal of prison officer  

   106.    Appeal right
            
   107.    Proceedings on appeal
            
   108.    Leave to tender new evidence on appeal
            
   109.    Opportunity to consider new evidence
            
   110A.   Revocation of removal after consideration of new evidence
            
   110B.   Application of Industrial Relations Act 1979 to appeals
            
   110C.   Adjournment of appeal if appellant charged with offence
            
   110D.   Resumption of appeal before end of adjournment
            
   110E.   Decision by WAIRC
            
   110F.   Determining amount of compensation
            
   110G.   Restriction on publication

              Subdivision 4 -- General  

   110H.   Effect of charge for, or conviction or acquittal of, offence
            
   110I.   Failure to comply with procedure
            
   110J.   Transfer, standing down and leave of prison officer
            
   110K.   Review of Division

   PART XI -- General provisions  

   110.    Regulations
            
   111.     Protection from liability
            
   112.    Community safety information
            
   113.    Exchange of information
            
   113A.   Disclosure to external agencies
            
   113B.   Disclosure to victims
            
   113C.   Disclosure authorised
            
   114.    Failure to perform duties
            
   115.    Section 114 to prevail
            
   116.    Repeal
            
   117.    Transitional

   PART XII -- Savings and transitional provisions for Custodial Legislation (Officers Discipline) Amendment Act 2014  

   118.    Purpose
            
   119.    Disciplinary offences before commencement day
           SCHEDULE 1
           SCHEDULE 2


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