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This is a Bill, not an Act. For current law, see the Acts databases.
Western Australia
Acts Amendment (Safety and Human Rights of
Persons in Custody) Bill 2009
CONTENTS
Part 1 -- Preliminary Matters
1. Short title 2
2. Commencement 2
Part 2 -- Amendments to Inspector of
Custodial Services Act 2003
3. The Act amended 3
4. Section 31A inserted 3
31A. Show Cause Notice 3
Part 3 -- Amendments to Prisons
Act 1981
5. The Act amended 5
6. Section 3 amended 5
7. Section 7A inserted 5
7A. Inspector of Custodial Services to be
notified of imprisonment 5
8. Section 95F inserted 6
95F. Humane treatment of prisoner 6
Part 4 -- Amendments to Court
Security and Custodial Services
Act 1999
9. The Act amended 7
10. Section 3 amended 7
11. Section 29A inserted 7
29A. Inspector of Custodial Services to be
notified of persons in custody 7
072--1 page i
Acts Amendment (Safety and Human Rights of Persons in Custody) Bill
2009
Contents
12. Section 101 inserted 8
101. Humane treatment of persons in custody 8
Part 5 -- Amendments to Criminal
Law (Mentally Impaired Accused)
Act 1996
13. The Act amended 9
14. Section 23 amended 9
15. Section 24A inserted 9
24A. Inspector of Custodial Services to be
notified of detention 9
16. Section 26A inserted 10
26A. Humane treatment of detainee 10
Part 6 -- Amendments to Young
Offenders Act 1994
17. The Act amended 11
18. Section 3 amended 11
19. Section 9A inserted 11
9A. Inspector of Custodial Services to be
notified of detention 11
20. Section 11G inserted 12
11G. Humane treatment of detainee 12
page ii
Western Australia
LEGISLATIVE ASSEMBLY
(Introduced by Hon. Eric Ripper, MLA)
Acts Amendment (Safety and Human Rights of
Persons in Custody) Bill 2009
A Bill for
An Act to amend the following --
· Inspector of Custodial Services Act 2003;
· Prisons Act 1981;
· Court Security and Custodial Services Act 1999;
· Criminal Law (Mentally Impaired Accused) Act 1996;
· Young Offenders Act 1994.
The Parliament of Western Australia enacts as follows:
page 1
Acts Amendment (Safety and Human Rights of Persons in Custody) Bill
2009
Part 1 Preliminary Matters
s. 1
1 Part 1 -- Preliminary Matters
2 1. Short title
3 This is the Acts Amendment (Safety and Human Rights of
4 Persons in Custody) Act 2009.
5 2. Commencement
6 This Act comes into operation as follows --
7 (a) sections 1 and 2 -- on the day on which this Act
8 receives the Royal Assent;
9 (b) the rest of the Act -- on a day fixed by proclamation.
page 2
Acts Amendment (Safety and Human Rights of Persons in Custody) Bill
2009
Amendments to Inspector of Custodial Services Act 2003 Part 2
s. 3
1 Part 2 -- Amendments to Inspector of Custodial
2 Services Act 2003
3 3. The Act amended
4 The amendments in this Part are to the Inspector of Custodial
5 Services Act 2003.
6 4. Section 31A inserted
7 After section 31 insert:
8
9 31A. Show Cause Notice
10 (1) Where the Inspector has reasonable grounds to suspect
11 that:
12 (a) the security, control, safety, care or welfare of a
13 person for whom the CEO is responsible under
14 section 10, 13, 15 of the Court Security and
15 Custodial Services Act 1999 is at risk; or
16 (b) section 95F of the Prisons Act 1981 is not being
17 complied with in relation to a prisoner; or
18 (c) section 101 of the Court Security and Custodial
19 Services Act 1999 is not being complied with in
20 relation to a person in custody; or
21 (d) section 26A of the Criminal Law (Mentally
22 Impaired Accused) Act 1996 is not being
23 complied with in relation to a detainee; or
24 (e) section 11G of the Young Offenders Act 1994 is
25 not being complied with in relation to a
26 detainee
27 the Inspector may issue a notice to the CEO requiring
28 the CEO to respond in writing to questions regarding
29 the matters in relation to which the Inspector has the
30 suspicions, by a date and time specified in the notice.
page 3
Acts Amendment (Safety and Human Rights of Persons in Custody) Bill
2009
Part 2 Amendments to Inspector of Custodial Services Act 2003
s. 4
1 (2) Within 7 days of the issuing of a notice under
2 subsection (1), the Inspector is to provide a copy of the
3 notice to the Attorney-General.
4 (3) The Attorney-General is required to table the notice
5 issued under subsection (1) in the Houses of Parliament
6 within 5 sitting days of receipt.
7 (4) It is an offence for the CEO issued with a notice under
8 subsection (1) not to respond by the date and time
9 specified in the notice.
10 Penalty: $20 000.
11
page 4
Acts Amendment (Safety and Human Rights of Persons in Custody) Bill
2009
Amendments to Prisons Act 1981 Part 3
s. 5
1 Part 3 -- Amendments to Prisons Act 1981
2 5. The Act amended
3 The amendments in this Part are to the Prisons Act 1981.
4 6. Section 3 amended
5 In section 3 insert in alphabetical order:
6
7 Inspector of Custodial Services means the Inspector of
8 Custodial Services under the Inspector of Custodial
9 Services Act 2003;
10
11 7. Section 7A inserted
12 After section 7 insert:
13
14 7A. Inspector of Custodial Services to be notified of
15 imprisonment
16 (1) As soon as practicable after a person is first imprisoned
17 under this Act, the chief executive officer must notify
18 the Inspector of Custodial Services as to the place
19 where the person is being imprisoned.
20 (2) The lawfulness of a persons' imprisonment is not
21 affected by a failure to comply with subsection (1).
22
page 5
Acts Amendment (Safety and Human Rights of Persons in Custody) Bill
2009
Part 3 Amendments to Prisons Act 1981
s. 8
1 8. Section 95F inserted
2 After section 95E insert:
3
4 95F. Humane treatment of prisoner
5 (1) The prisoner --
6 (a) must be treated with humanity and with respect
7 for human dignity; and
8 (b) must not be subjected to cruel, inhuman or
9 degrading treatment,
10 by anyone exercising authority under this Act or
11 implementing or enforcing this Act.
12 (2) The Inspector of Custodial Services may, at any time,
13 review the prisoner's imprisonment under this Act to
14 determine whether the subsection (1) is being complied
15 with in relation to the prisoner.
16 (3) The Inspector of Custodial Services may, at any time,
17 report to the chief executive officer on any matter
18 relating to a review under subsection (2) and give
19 advice or make recommendations as the Inspector of
20 Custodial Services considers appropriate in relation to
21 the matter.
22 (4) For the purposes of this section the Inspector of
23 Custodial Services may exercise any power conferred
24 by the Inspector of Custodial Services Act 2003
25 whether or not the place where the prisoner is being
26 imprisoned is a place referred to in section 19 of that
27 Act.
28
page 6
Acts Amendment (Safety and Human Rights of Persons in Custody) Bill
2009
Amendments to Court Security and Custodial Services Act Part 4
1999
s. 9
1 Part 4 -- Amendments to Court Security and Custodial
2 Services Act 1999
3 9. The Act amended
4 The amendments in this Part are to the Court Security and
5 Custodial Services Act 1999.
6 10. Section 3 amended
7 In section 3 insert in alphabetical order:
8
9 Inspector of Custodial Services means the Inspector of
10 Custodial Services under the Inspector of Custodial
11 Services Act 2003;
12
13 11. Section 29A inserted
14 After section 29 insert:
15 29A. Inspector of Custodial Services to be notified of
16 persons in custody
17
18 (1) As soon as practicable after a person is first taken into
19 custody under this Act, the CEO must notify the
20 Inspector of Custodial Services as to the place where
21 the person is being held in custody.
22 (2) The lawfulness of a person being held in custody is not
23 affected by a failure to comply with subsection (1).
24
page 7
Acts Amendment (Safety and Human Rights of Persons in Custody) Bill
2009
Part 4 Amendments to Court Security and Custodial Services Act
1999
s. 12
1 12. Section 101 inserted
2 After section 100 insert:
3
4 101. Humane treatment of persons in custody
5 (1) The person in custody --
6 (a) must be treated with humanity and with respect
7 for human dignity; and
8 (b) must not be subjected to cruel, inhuman or
9 degrading treatment,
10 by anyone exercising authority under this Act or
11 implementing or enforcing this Act.
12 (2) The Inspector of Custodial Services may, at any time,
13 review the prisoner's imprisonment under this Act to
14 determine whether the subsection (1) is being complied
15 with in relation to the prisoner.
16 (3) The Inspector of Custodial Services may, at any time,
17 report to the chief executive officer on any matter
18 relating to a review under subsection (2) and give
19 advice or make recommendations as the Inspector of
20 Custodial Services considers appropriate in relation to
21 the matter.
22 (4) For the purposes of this section the Inspector of
23 Custodial Services may exercise any power conferred
24 by the Inspector of Custodial Services Act 2003
25 whether or not the place where the prisoner is being
26 imprisoned is a place referred to in section 19 of that
27 Act.
28
page 8
Acts Amendment (Safety and Human Rights of Persons in Custody) Bill
2009
Amendments to Criminal Law (Mentally Impaired Accused) Act Part 5
1996
s. 13
1 Part 5 -- Amendments to Criminal Law (Mentally
2 Impaired Accused) Act 1996
3 13. The Act amended
4 The amendments in this Part are to the Criminal Law (Mentally
5 Impaired Accused) Act 1996.
6 14. Section 23 amended
7 In section 23 insert in alphabetical order:
8
9 Inspector of Custodial Services means the Inspector of
10 Custodial Services under the Inspector of Custodial
11 Services Act 2003;
12
13 15. Section 24A inserted
14 After section 24 insert:
15
16 24A. Inspector of Custodial Services to be notified of
17 detention
18 (1) As soon as practicable after a person is first detained
19 under this Act, the Board must notify the Inspector of
20 Custodial Services as to the place where the person is
21 being held in custody or detained.
22 (2) The lawfulness of a person's detention is not affected
23 by a failure to comply with subsection (1).
24
page 9
Acts Amendment (Safety and Human Rights of Persons in Custody) Bill
2009
Part 5 Amendments to Criminal Law (Mentally Impaired Accused) Act
1996
s. 16
1 16. Section 26A inserted
2 After section 26 insert:
3
4 26A. Humane treatment of detainee
5 (1) The detainee --
6 (a) must be treated with humanity and with respect
7 for human dignity; and
8 (b) must not be subjected to cruel, inhuman or
9 degrading treatment,
10 by anyone exercising authority under this Act or
11 implementing or enforcing this Act.
12 (2) The Inspector of Custodial Services may, at any time,
13 review the detainee's detention under this Act to
14 determine whether the subsection (1) is being complied
15 with in relation to the prisoner.
16 (3) The Inspector of Custodial Services may, at any time,
17 report to the Board on any matter relating to a review
18 under subsection (2) and give advice or make
19 recommendations as the Inspector of Custodial
20 Services considers appropriate in relation to the matter.
21 (4) For the purposes of this section the Inspector of
22 Custodial Services may exercise any power conferred
23 by the Inspector of Custodial Services Act 2003
24 whether or not the place where the prisoner is being
25 imprisoned is a place referred to in section 19 of that
26 Act.
27
page 10
Acts Amendment (Safety and Human Rights of Persons in Custody) Bill
2009
Amendments to Young Offenders Act 1994 Part 6
s. 17
1 Part 6 -- Amendments to Young Offenders Act 1994
2 17. The Act amended
3 The amendments in this Part are to the Young Offenders
4 Act 1994.
5 18. Section 3 amended
6 In section 3 insert in alphabetical order:
7
8 Inspector of Custodial Services means the Inspector of
9 Custodial Services under the Inspector of Custodial
10 Services Act 2003;
11
12 19. Section 9A inserted
13 After section 9 insert:
14
15 9A. Inspector of Custodial Services to be notified of
16 detention
17 (1) As soon as practicable after a person is first taken into
18 custody or detained (which ever is the earlier) under
19 this Act, the chief executive officer must notify the
20 Inspector of Custodial Services as to the place where
21 the person is being detained.
22 (2) The lawfulness of a person being held in custody or
23 detention is not affected by a failure to comply with
24 subsection (1).
25
page 11
Acts Amendment (Safety and Human Rights of Persons in Custody) Bill
2009
Part 6 Amendments to Young Offenders Act 1994
s. 20
1 20. Section 11G inserted
2 After section 11F insert:
3
4 11G. Humane treatment of detainee
5 (1) The person in custody or the detainee --
6 (a) must be treated with humanity and with respect
7 for human dignity; and
8 (b) must not be subjected to cruel, inhuman or
9 degrading treatment,
10 by anyone exercising authority under this Act or
11 implementing or enforcing this Act.
12 (2) The Inspector of Custodial Services may, at any time,
13 review the detainee's detention to determine whether
14 subsection (1) is being complied with in relation to the
15 detainee.
16 (3) The Inspector of Custodial Services may, at any time,
17 report to the chief executive officer on any matter
18 relating to a review under subsection (2) and give
19 advice or make recommendations as the Inspector of
20 Custodial Services considers appropriate in relation to
21 the matter.
22 (4) For the purposes of this section the Inspector of
23 Custodial Services may exercise any power conferred
24 by the Inspector of Custodial Services Act 2003
25 whether or not the place where the detainee is being
26 detained is a place referred to in section 19 of that Act.
27
28
page 12
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