Western Australian Bills Western Australian Bills[Index] [Search] [Download] [Related Items] [Help]
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.
page 73
[Index] [Search] [Download] [Related Items] [Help]