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
Prisons Amendment Bill 1998
CONTENTS
1. Short title 1
2. Commencement 2
3. The Act amended 2
4. Section 3 amended 2
5. Section 6 amended 3
6. Section 7 amended 4
7. Part IIIA inserted 4
8. Section 38 amended 25
9. Section 39 replaced 26
10 . Section 40 repealed 27
11 . Section 41 amended 27
12 . Section 42 amended 27
13 . Section 45 amended 28
14 . Section 46 amended 28
15 . Section 49 amended 28
16 . Section 49B inserted 29
17 . Section 54 amended 30
18 . Transitional 30
19 . Miscellaneous amendments 31
Schedule 1 -- Miscellaneous amendments
1. Anti-Corruption Commission Act 1988 amended 32
page i
56--1
Prisons Amendment Bill 1998
Contents
2. The Criminal Code amended 32
3. Freedom of Information Act 1992 amended 32
4. Parliamentary Commissioner Act 1971 amended 33
5. Spent Convictions Act 1988 amended 34
page ii
Western Australia
LEGISLATIVE ASSEMBLY
Prisons Amendment Bill 1998
A Bill for
An Act to amend the Prisons Act 1981 to provide for prison services
to be provided under contracts and for related matters and to amend
various other Acts as a consequence.
The Parliament of Western Australia enacts as follows:
1. Short title
This Act may be cited as the Prisons Amendment Act 1998.
page 1
Prisons Amendment Bill 1998
s. 2
2. Commencement
(1) Subject to subsection (2), this Act comes into operation on such
day as is fixed by proclamation.
(2) The day referred to in subsection (1) is not to be earlier than the
5 day when all of Parts 2, 5, 6, 8 and 10 of the Court Security and
Custodial Services (Consequential Provisions) Act 1998 have
come into operation.
3. The Act amended
The amendments in this Act are to the Prisons Act 1981* unless
10 otherwise indicated.
[* Reprinted as at 21 November 1996.
For subsequent amendments see 1997 Index to Legislation of
Western Australia, Table 1, p. 188.]
4. Section 3 amended
15 (1) Section 3(1) is amended by inserting the following definitions in
the appropriate alphabetical order --
"
"contract" means a contract entered into under
section 15B;
20 "contractor" means a person who has entered into a
contract with the chief executive officer;
"high-level security work" means --
(a) work specified in section 15M as high-level
security work; and
25 (b) work declared as high-level security work
under section 15N;
"permit" means a permit issued under section 15P to
do high-level security work;
page 2
Prisons Amendment Bill 1998
s. 5
"prison services" means the management, control and
security of a prison and the welfare of the
prisoners at the prison;
"subcontractor" means a subcontractor of a contractor
5 and includes a person with whom a subcontractor
contracts and a person with whom that person
contracts;
".
(2) Section 3(1) is amended by deleting the definition of "medical
10 officer" and inserting the following definition instead --
"
"medical officer" means a person who is appointed or
engaged as a medical officer referred to in
section 6(3) or (4);
15 ".
(3) Section 3(1) is amended in the definition of "officer" by
deleting "section 6 or section 13" and inserting instead --
" , or as referred to in, section 6 or under section 13 ".
(4) Section 3(1) is amended by deleting the definition of "prison
20 medical officer".
5. Section 6 amended
(1) Section 6(3) is amended by inserting after "such officers" --
" including medical officers ".
(2) Section 6(4) is repealed and the following subsection is inserted
25 instead --
"
(4) Without limiting the appointment of medical officers
referred to in subsection (3), there may be appointed or
page 3
Prisons Amendment Bill 1998
s. 6
engaged as medical officers for the purposes of this Act
medical practitioners --
(a) who are registered under the Medical Act 1894;
and
5 (b) who have current entitlement to practise under
that Act.
".
6. Section 7 amended
Section 7(3) is amended by inserting after "superintendent" in
10 both places where it occurs --
" or other officer ".
7. Part IIIA inserted
After section 15 the following Part is inserted --
"
15 Part IIIA -- Contracts for prison services
Division 1 -- Preliminary
15A. Definitions
In this Part --
"administrator" means a person appointed or engaged
20 under section 15Y or 15Z;
"contract worker" means a natural person who is --
(a) a contractor or an employee or agent of a
contractor; or
(b) a subcontractor or an employee or agent of a
25 subcontractor;
page 4
Prisons Amendment Bill 1998
s. 7
"function" includes power, duty, responsibility and
authority;
"intervene", in relation to a contract, means --
(a) to give directions as to the manner in which
5 a prison service that is a subject of the
contract is to be provided; or
(b) to provide a prison service that is a subject of
the contract;
"other officer" means an officer, except a medical
10 officer, referred to in section 6(3) or a person
engaged under section 6(5);
"perform", in relation to a function, includes the
exercise of a power, responsibility or authority.
Division 2 -- Matters relating to contracts generally
15 15B. Contracts for prison services
The chief executive officer may, for and on behalf of
the State of Western Australia, enter into a contract
with a person to provide prison services for the State.
15C. Minimum matters to be included in contracts
20 A contract must provide for --
(a) compliance by the contractor with this Act, any
other written law and the rules;
(b) objectives and performance standards in
relation to the provision of prison services
25 under the contract;
(c) fees, costs and charges to be paid to and by the
contractor;
page 5
Prisons Amendment Bill 1998
s. 7
(d) compliance by the contractor with the
minimum standards established under
section 15D in relation to the provision of
prison services under the contract;
5 (e) the submission of reports in relation to the
contractor's obligations under the contract;
(f) notification by the contractor of any change in
the control, management or ownership of --
(i) the contractor; or
10 (ii) a subcontractor, or a member of a class
of subcontractors, specified for the
purposes of this paragraph by the chief
executive officer in the contract;
(g) the financial and other consequences of
15 intervening in a contract under section 15W,
terminating or suspending a contract under
section 15X and of requisitioning property
under section 15ZC;
(h) codes of ethics and conduct, as approved by the
20 chief executive officer, to apply to the
contractor, any subcontractor and their
employees and agents;
(i) reporting procedures to notify the chief
executive officer of escapes, deaths of prisoners
25 and other emergencies or serious irregularities;
(j) investigation procedures and dispute resolution
mechanisms for complaints about the provision
of prison services under the contract;
(k) an indemnity by the contractor in favour of the
30 State of Western Australia;
page 6
Prisons Amendment Bill 1998
s. 7
(l) the office the holder of which is to be the
principal officer of the contractor and the
subcontractors under the relevant contract for
the purposes of the Anti-Corruption
5 Commission Act 1988, the Freedom of
Information Act 1992 and the Parliamentary
Commissioner Act 1971, respectively; and
(m) any other matter prescribed by regulation.
15D. Minimum standards
10 (1) The chief executive officer must establish minimum
standards applicable to the provision of prison services
under a contract and the chief executive officer may,
from time to time, amend the minimum standards.
(2) The Minister is to ensure that the minimum standards,
15 as amended from time to time, are laid before each
House of Parliament within 10 sitting days of such
House next following the establishment or amendment
of the minimum standards.
15E. Minister, chief executive officer etc. may have access
20 to certain prisons, persons, vehicles and documents
(1) The Minister, the chief executive officer and any
person authorized by the chief executive officer may, at
any time, (with any assistants, prison dogs and
equipment that the Minister, the chief executive officer
25 or authorized person thinks are necessary) have free
and unfettered access to a prison, person, vehicle or
document referred to in subsection (2) for the purpose
of --
(a) ensuring compliance with this Act, the rules or
30 a contract; or
page 7
Prisons Amendment Bill 1998
s. 7
(b) ensuring that a prison service that is a subject of
a contract is being properly provided.
(2) A person referred to in subsection (1) may have access
to --
5 (a) a prison at which prison services are provided
under a contract;
(b) a prisoner in such a prison;
(c) a contract worker who works in such a prison;
(d) a vehicle used by a contractor to provide prison
10 services under a contract;
(e) a prisoner in such a vehicle;
(f) a contract worker whose work is concerned
with such a vehicle; and
(g) all documents in the possession of the
15 contractor or a subcontractor in relation to any
prison service that is a subject of a contract.
(3) The chief executive officer may authorize a person for
the purposes of subsection (1).
(4) An authorization must be in writing and may be made
20 subject to such conditions and limitations specified in
the authorization as the chief executive officer thinks
fit.
(5) A person must not hinder or resist a person referred to
in subsection (1) when the person is exercising or
25 attempting to exercise a power under that subsection.
Penalty: $20 000.
page 8
Prisons Amendment Bill 1998
s. 7
(6) Nothing in this section limits any entitlement that a
person, under a law, has to have access to a place,
vehicle, person or document referred to in
subsection (2).
5 15F. Administrators and reporting officers may have
access to certain prisons, persons, vehicles and
documents
(1) An administrator and a reporting officer appointed
under section 9 may, at any time, (with any assistants,
10 prison dogs and equipment that the administrator or
reporting officer thinks are necessary) have free and
unfettered access to a prison, vehicle, person or
document referred to in section 15E(2) for the purpose
of enabling the administrator or reporting officer to
15 perform his or her functions.
(2) A person must not hinder or resist an administrator or
reporting officer when the administrator or reporting
officer is exercising or attempting to exercise a power
under subsection (1).
20 Penalty: $20 000.
(3) Nothing in this section limits any entitlement that a
person, under a law, has to have access to a place,
vehicle, person or document referred to in
section 15E(2).
25 15G. Annual reports
(1) The chief executive officer is to prepare and deliver to
the Minister by 30 September each year a report on
each contractor who provided prison services under a
contract in the preceding 12 months.
page 9
Prisons Amendment Bill 1998
s. 7
(2) The report is to contain such information as is required
to be included in the report by the Minister to enable an
informed assessment to be made of --
(a) the operations of each contractor; and
5 (b) the extent to which there has been compliance
with the relevant contract.
(3) The Minister is to ensure that the report is laid before
each House of Parliament within 10 sitting days of
such House next following the Minister's receipt of the
10 report.
15H. No contracting out
The provisions of this Part apply despite anything to
the contrary in the contract.
Division 3 -- Authorization of contract workers to
15 perform functions
15I. Contract workers' functions
(1) The chief executive officer may authorize a contract
worker who holds a permit, to perform any of the
functions that --
20 (a) a superintendent;
(b) a prison officer; or
(c) an other officer,
has under this Act except a function referred to in
section 15J.
page 10
Prisons Amendment Bill 1998
s. 7
(2) An authorization must be in writing and may be made
subject to such conditions and limitations specified in
the authorization as the chief executive officer thinks
fit.
5 15J. Limitation on functions of contract workers
(1) A contract worker cannot be authorized to perform a
function that cannot be delegated to a person under
section 8(1).
(2) A contract worker cannot be authorized to perform a
10 superintendent's function of a kind referred to in a
provision of this Act that is set out in the Table to this
subsection.
Table
s. 31(2) s. 74(3)
s. 32(1)(b) s. 75(1) and (2)
s. 47(1) and (2) s. 76(1) and (2)
s. 71(1) and(2) s. 77(1) and (2)
s. 73(a) (second s. 80(1) and (2)
reference to
superintendent only)
(3) A contract worker cannot be authorized to perform a
15 superintendent's function of a kind referred to in
Part X.
(4) A contract worker cannot be authorized to perform a
prison officer's function referred to in section 47(1)
or (2).
page 11
Prisons Amendment Bill 1998
s. 7
15K. Effect of authorization
(1) Subject to subsections (2), (3), (4), (5) and (6), a
contract worker who is authorized under section 15I to
perform a function of --
5 (a) a superintendent;
(b) a prison officer; or
(c) an other officer,
must, for the purposes of this Act and any other written
law, be deemed to be a superintendent, prison officer or
10 other officer, as the case requires, in relation to that
function.
(2) A reference to a superintendent in Part X does not
include a reference to a contract worker.
(3) A reference to a prison officer or any other officer in a
15 provision of this Act that is set out in the Table to this
subsection does not include a reference to a contract
worker.
Table
s. 13(1), (2) and (3) s. 110(1)(b), (d), (e), (v),
and (w)
Part X s. 114(1), (3), (6), (8), (9),
(11) and (12)
(4) If prison services in relation to a prison are being
20 provided under a contract, a reference to the prison's
superintendent in a provision that is set out in the Table
to section 15J(2) in relation to that prison is to be
regarded as a reference to a superintendent of a prison
that is not managed under a contract.
page 12
Prisons Amendment Bill 1998
s. 7
(5) If prison services in relation to a prison are being
provided under a contract, a reference to a prison
officer in section 47(1) or (2) in relation to that prison
is to be regarded as a reference to a prison officer
5 engaged under section 13.
(6) A contract worker referred to in subsection (1) --
(a) does not hold the position of superintendent,
prison officer or other officer, as the case
requires; and
10 (b) is not subject to the Public Sector Management
Act 1994.
Division 4 -- Vetting and control of contract workers in
relation to high-level security work
15L. Interpretation in this Division of "offence for which
15 the contract worker is convicted"
In this Division a reference to an offence for which the
contract worker is convicted includes --
(a) an offence for which the person is convicted in
any part of the world; and
20 (b) the payment of the whole or a part of a penalty
under a traffic infringement notice that is served
on the contract worker under section 102(1) of
the Road Traffic Act 1974 or a corresponding law
in any other part of the world.
25 15M. High-level security work
A prison service is high-level security work if --
(a) it is of a kind that requires the person providing
it to exercise a power of a superintendent, a
prison officer or any other officer; and
30 (b) it is provided by a contract worker.
page 13
Prisons Amendment Bill 1998
s. 7
15N. Chief executive officer may declare other kinds of
work to be high-level security work
(1) The chief executive officer may, in writing, declare as
high-level security work --
5 (a) a prison service of a kind that requires a
contract worker to deal directly with prisoners
except a prison service referred to in
section 15M;
(b) work that requires a contract worker to have
10 access to information about prisoners; or
(c) any other work to be done by a contract worker
that in the opinion of the chief executive officer
should be declared to be high-level security
work.
15 (2) The chief executive officer may amend a declaration.
(3) The chief executive officer is to ensure that notice of a
declaration or an amendment of a declaration is
published in the Gazette within 14 days after the day
the declaration or amendment occurs.
20 (4) The validity of a declaration or an amendment of a
declaration is not affected by failure to publish the
notice.
15O. Contract workers require permits to do high-level
security work
25 A contract worker must not do, or purport to do, any
high-level security work unless he or she has a current
permit to do the work and does the work in accordance
with the permit.
Penalty: Imprisonment for 3 years.
page 14
Prisons Amendment Bill 1998
s. 7
15P. Issue of permits to do high-level security work
(1) On application by a contract worker in a manner
approved by the chief executive officer, the chief
executive officer may issue the contract worker with a
5 permit to do high-level security work.
(2) To determine the suitability of a contract worker to do
high-level security work the chief executive officer
may --
(a) have regard to the information referred to in
10 section 15Q(1) and (3) about the contract
worker;
(b) make appropriate enquiries about the contract
worker; and
(c) enquire into the honesty and integrity of the
15 contract worker's known associates.
(3) A permit may be issued subject to such conditions and
limitations specified in the permit as the chief
executive officer thinks fit.
(4) A permit is not transferable.
20 15Q. Information about applicants for permits
(1) The chief executive officer may, in writing, require a
contract worker who applies for a permit or the
relevant contractor to provide --
(a) information about any offence for which the
25 contract worker is convicted;
(b) information about any disciplinary proceedings
conducted against the contract worker in the
course of his or her employment;
page 15
Prisons Amendment Bill 1998
s. 7
(c) information about any other matter that is
relevant to the suitability of the contract worker
to do high-level security work; and
(d) a photograph of the contract worker.
5 (2) A person must not give information or a photograph
that is false or misleading in a material particular in
response to a requirement under subsection (1).
Penalty: Imprisonment for 3 years.
(3) If a contract worker applies for a permit the contract
10 worker is to authorize the Commissioner of Police to
provide to the chief executive officer and the relevant
contractor --
(a) information about any offence for which the
contract worker is convicted; and
15 (b) such other information as is required by the
chief executive officer to determine the
suitability of the contract worker to do
high-level security work.
(4) A person must not give information that is false or
20 misleading in a material particular in an authority
under subsection (3).
Penalty: Imprisonment for 3 years.
15R. Taking of fingerprints and palmprints
(1) The chief executive officer may, in writing, require a
25 contract worker who applies for, or holds, a permit to
attend at a place and there have his or her fingerprints
or palmprints taken by a member of the Police Force or
an employee of the Police Service.
page 16
Prisons Amendment Bill 1998
s. 7
(2) The Commissioner of Police is to cause fingerprints
and palmprints taken under this section and any copy
of them to be destroyed --
(a) if the permit is not granted; or
5 (b) when the permit no longer has effect.
15S. Refusal to issue permit
(1) The chief executive officer may refuse to issue a
contract worker with a permit to do high-level security
work if, in the opinion of the chief executive officer --
10 (a) the contract worker has not complied with a
requirement under section 15Q(1);
(b) the contract worker has not given an authority
under section 15Q(3);
(c) the contract worker has not complied with a
15 requirement under section 15R(1);
(d) the contract worker has not completed training
approved by the chief executive officer;
(e) the contract worker has failed to satisfy the
chief executive officer that the contract worker
20 is a fit and proper person to do high-level
security work;
(f) the contract worker should not do high-level
security work because of his or her criminal
record or character or because of any other
25 relevant reason;
(g) the contract worker does not meet all the
conditions specified in the relevant contract in
relation to persons who are to do high-level
security work; or
30 (h) it is not in the public interest to do so.
page 17
Prisons Amendment Bill 1998
s. 7
(2) The rules known as the rules of natural justice
(including any duty of procedural fairness) do not
apply to or in relation to the issue of, or refusal to
issue, a permit.
5 15T. Determining suitability of contract workers to keep
holding permits
(1) To determine the suitability of a contract worker to
continue to do high-level security work the chief
executive officer may --
10 (a) have regard to the information referred to in
subsection (2) and (4) about the contract
worker;
(b) make appropriate enquiries about the contract
worker; and
15 (c) enquire into the honesty and integrity of the
contract worker's known associates.
(2) If a contract worker holds a permit the chief executive
officer may, at any time, in writing require the contract
worker or the relevant contractor to provide
20 information about --
(a) any offence for which the contract worker is
convicted;
(b) any disciplinary proceedings conducted against
the contract worker in the course of his or her
25 employment; and
(c) any other matter that is relevant to the
suitability of the contract worker to continue to
do high-level security work.
page 18
Prisons Amendment Bill 1998
s. 7
(3) A person must not give information that is false or
misleading in a material particular in response to a
requirement under subsection (2).
Penalty: Imprisonment for 3 years.
5 (4) If a contract worker holds a permit the chief executive
officer may, at any time, in writing require the contract
worker to authorize the Commissioner of Police to
provide to the chief executive officer and the relevant
contractor --
10 (a) information about any offence for which the
contract worker is convicted; and
(b) such other information as is required by the
chief executive officer to determine the
suitability of the contract worker to continue to
15 do high-level security work.
(5) A person must not give information that is false or
misleading in a material particular in an authority
under subsection (4).
Penalty: Imprisonment for 3 years.
20 15U. Suspension or revocation of permits
(1) The chief executive officer may, at any time, suspend
or revoke a permit issued to a contract worker if, in the
opinion of the chief executive officer --
(a) the permit ought not to have been issued to the
25 contract worker, or ought not to continue in
force in respect of the contract worker, having
regard to the grounds referred to in
section 15S(1)(d) to (h); or
page 19
Prisons Amendment Bill 1998
s. 7
(b) the contract worker has failed to comply
with --
(i) this Act, the rules or standing orders;
(ii) a direction given to the contract worker
5 under this Act, the rules, a standing
order or the relevant contract;
(iii) an order, direction, warrant or other
instrument under any law directed to the
contract worker in relation to a prisoner;
10 (iv) a code of ethics or conduct provided for
under the relevant contract; or
(v) a requirement under section 15T(2)
or (4).
(2) The chief executive officer may suspend or revoke any
15 permit issued to any contract worker if --
(a) the chief executive officer intervenes in the
relevant contract under section 15W or
terminates or suspends the relevant contract
under section 15X; or
20 (b) the relevant contract is terminated or suspended
under the terms of the contract.
(3) The rules known as the rules of natural justice
(including any duty of procedural fairness) do not
apply to or in relation to the suspension or revocation
25 of a permit under subsection (2).
15V. Gazettal of permit details
(1) The chief executive officer is to ensure that notice of
the issue, suspension, reinstatement or revocation of a
permit is published in the Gazette within 14 days after
30 the day the event occurs.
page 20
Prisons Amendment Bill 1998
s. 7
(2) The validity of the issue, suspension, reinstatement or
revocation of a permit is not affected by failure to
publish the notice.
Division 5 -- Intervention in, and termination of,
5 contracts
15W. Intervention in contracts
(1) The chief executive officer may intervene in a contract
if --
(a) there are grounds for doing so under
10 subsection (2); and
(b) the intervention is in the public interest or is
necessary to ensure the proper provision of a
prison service that is a subject of a contract.
(2) The grounds for intervening in a contract are that --
15 (a) there is an emergency in a prison service that is
a subject of the contract; or
(b) the contractor has failed to effectively provide a
prison service that is a subject of the contract.
15X. Termination or suspension of contracts
20 (1) The chief executive officer, with the Minister's
approval, may on behalf of the State terminate or
suspend (wholly or partially) a contract if, in the
opinion of the chief executive officer --
(a) there are grounds for doing so under
25 subsection (2); and
(b) the termination or suspension of the contract is
in the public interest.
page 21
Prisons Amendment Bill 1998
s. 7
(2) The grounds for terminating or suspending a contract
are that --
(a) the contractor becomes insolvent within the
meaning of the contract;
5 (b) the identity of the persons who control, manage
or own the contractor or a subcontractor
changes during the term of the contract without
the consent of the chief executive officer;
(c) the contractor has committed a material breach
10 of the contract that is not capable of being
remedied;
(d) the contractor has failed to rectify a breach of
the contract within the time specified in the
contract after the issue of a default notice; or
15 (e) the chief executive officer gives the contractor
written notice to the effect that the contract will
be terminated or suspended 3 days after the day
on which the contractor receives the notice or at
such later time as is specified in the notice.
20 15Y. Administrator where intervention in contract
(1) If the chief executive officer intervenes in a contract
under section 15W the chief executive officer may
appoint or engage an administrator --
(a) to give directions as to the manner in which a
25 prison service that is subject of the contract is
to be provided; or
(b) to provide a prison service that is a subject of
the contract.
page 22
Prisons Amendment Bill 1998
s. 7
(2) The directions given by an administrator and the
provision by an administrator of a prison service that is a
subject of a contract must be in accordance with the terms
of the administrator's appointment or engagement.
5 (3) An administrator cannot be appointed or engaged for
a period exceeding one year but can be reappointed
or re-engaged if, after review of the reason for
intervention in a contract, the chief executive officer
determines that the reason for the intervention still
10 exists.
15Z. Administrator where termination or suspension of
contract
(1) If the chief executive officer terminates or suspends a
contract under section 15X the chief executive officer
15 may appoint or engage an administrator --
(a) to provide any prison service that was a subject
of the terminated contract; or
(b) to provide any prison service that is a subject of
the suspended contract.
20 (2) The provision by an administrator of a prison service
that was or is a subject of a contract must be in
accordance with the terms of the administrator's
appointment or engagement.
(3) An administrator cannot be appointed or engaged for a
25 period exceeding one year but can be reappointed or
re-engaged if the chief executive officer determines --
(a) in the case of the termination of a contract, that
matters arising from the terminated contract
have not been properly resolved; or
page 23
Prisons Amendment Bill 1998
s. 7
(b) in the case of the suspension of a contract, that
the reason for the suspension still exists.
15ZA. Administrator's functions
An administrator may, for the purposes of performing
5 his or her functions --
(a) perform --
(i) any function that the contractor or an
employee or agent of that contractor has
under a contract or had under a
10 terminated contract; and
(ii) any function that a subcontractor or an
employee or agent of that subcontractor
has under a contract or had under a
terminated contract;
15 and
(b) exercise any power of a superintendent, a
prison officer or any other officer.
15ZB. Compliance with administrator's directions
(1) If an administrator is appointed under section 15Y then
20 for the period of the appointment or engagement --
(a) the contractor;
(b) each subcontractor; and
(c) any person appointed or employed by the
contractor or a subcontractor to manage a
25 service that is a subject of a contract,
must comply with the administrator's directions in
respect of the management or provision of the service,
or the ceasing of the provision of the service.
Penalty: $50 000.
page 24
Prisons Amendment Bill 1998
s. 8
(2) If an administrator is appointed or engaged under
section 15Y then for the period of the appointment or
engagement any contract worker who has a function in
respect of a prison service that is a subject of the
5 relevant contract must comply with the administrator's
directions as to the performance of the function.
Penalty: $5 000.
15ZC. Requisitioning property on intervention in, or
termination of, contract
10 If the chief executive officer intervenes in a contract
under section 15W or terminates or suspends a contract
under section 15X, the chief executive officer or an
administrator (with the chief executive officer's
approval) may --
15 (a) no later than 2 months after the intervention,
termination or suspension, requisition any
property used in relation to the provision of a
prison service that is a subject of the contract or
was a subject of the terminated contract; and
20 (b) use the property for the ongoing provision of
that prison service for no longer than 12 months
after the requisition of the property.
".
8. Section 38 amended
25 (1) Section 38(1) is repealed and the following subsection is
inserted instead --
"
(1) The chief executive officer is to ensure that medical
care and treatment is provided to the prisoners in each
30 prison.
".
page 25
Prisons Amendment Bill 1998
s. 9
(2) Section 38(2) is amended by deleting "the prison medical
officer or" in each place where it occurs and inserting instead --
" a ".
(3) Section 38(3) is amended by deleting "prison medical officer or
5 medical officer who is responsible under this section" and
inserting instead --
" medical officer who is responsible ".
9. Section 39 replaced
Section 39 is repealed and the following section is inserted
10 instead --
"
39. Duties of medical officers
A medical officer shall --
(a) attend at a prison at such times and on such
15 occasions as are specified in the terms of the
medical officer's appointment or engagement;
(b) on the request of the chief executive officer,
examine a prisoner as soon as practicable after
the prisoner's admission to prison and ascertain
20 and record the prisoner's state of health and any
other circumstance connected with the
prisoner's health, as the medical officer
considers necessary;
(c) maintain a record of the medical condition and
25 the course of treatment prescribed in respect of
each prisoner under the medical officer's care;
(d) make such returns and reports to the chief
executive officer as the chief executive officer
may from time to time direct;
page 26
Prisons Amendment Bill 1998
s. 10
(e) make records referred to in paragraphs (b) and
(c) relating to a prisoner available, upon
request, to the chief executive officer;
(f) on the request of the chief executive officer,
5 give close medical supervision to a prisoner in
separate confinement;
(g) on the request of the chief executive officer,
examine and treat a prisoner who requires
medical care and treatment; and
10 (h) on the request of the chief executive officer or a
superintendent, examine a prisoner.
".
10. Section 40 repealed
Section 40 is repealed.
15 11. Section 41 amended
Section 41(3) is amended by inserting after "may" --
"
, subject to section 49B of this Act and to section 6(2)
of the Weapons Act 1998,
20 ".
12. Section 42 amended
(1) Section 42(1)(b) is amended by deleting "the prison medical
officer or the" and inserting instead --
" a ".
25 (2) Section 42(2) is amended by deleting "the prison medical
officer, or the" and inserting instead --
" a ".
page 27
Prisons Amendment Bill 1998
s. 13
13. Section 45 amended
Section 45 is amended as follows:
(a) in paragraph (c) by deleting "the prison medical officer
or the medical officer, as the case may be," and inserting
5 instead --
" a medical officer ";
(b) in paragraph (d) by deleting "the prison medical officer
or the medical officer, as the case may be," and inserting
instead --
10 " a medical officer ";
(c) by deleting "the prison medical officer or".
14. Section 46 amended
Section 46 is amended by deleting "the prison medical officer,
the medical officer," and inserting instead --
15 " a medical officer ".
15. Section 49 amended
Section 49(5) is amended by inserting after "and," --
"
subject to section 49B of this Act and to section 6(2) of
20 the Weapons Act 1998,
".
page 28
Prisons Amendment Bill 1998
s. 16
16. Section 49B inserted
After section 49A the following section is inserted --
"
49B. Possession of firearms, prohibited drugs etc. by
5 prison officers
(1) A prison officer who comes into possession of property
under section 41, 49 or 49A does not commit --
(a) an offence under the Firearms Act 1973 in
relation to possession of a firearm, ammunition
10 or a silencer or contrivance of a similar nature;
or
(b) an offence under the Misuse of Drugs Act 1981
in relation to the possession of a prohibited
drug, prohibited plant or utensil,
15 if the prison officer possesses the property for a reason
set out in subsection (2).
(2) A prison officer may possess the property --
(a) so as to deliver it into the custody of a member
of the Police Force or an employee of the
20 Police Service; or
(b) in the case of a firearm, if the prison officer is
authorized under this Act to be in possession of
the firearm for the purposes of section 47.
".
page 29
Prisons Amendment Bill 1998
s. 17
17. Section 54 amended
After section 54(1) the following subsection is inserted --
"
(1a) A person is not to be appointed as a prison visitor for a
5 prison where prison services are being provided under
a contract if --
(a) the person has any financial interest in the
contract; or
(b) the person is, or to any extent controls,
10 manages or owns, the contractor or a
subcontractor under the contract.
".
18. Transitional
(1) A person who, immediately before the commencement of this
15 Act, was a prison medical officer as defined in the Prisons
Act 1981 is, on and after the commencement of this Act, to be
taken to be --
(a) a medical officer referred to in section 6(3) of the
Prisons Act 1981 as amended by this Act; and
20 (b) appointed on the same terms and conditions, including
as to remuneration, as those which applied to the person
immediately before the commencement of this Act.
(2) A person who, immediately before the commencement of this
Act, was a medical officer as defined in the Prisons Act 1981 is,
25 on and after the commencement of this Act, to be taken to be --
(a) a medical officer referred to in section 6(4) of the
Prisons Act 1981 as amended by this Act; and
page 30
Prisons Amendment Bill 1998
s. 19
(b) appointed or engaged (as is relevant to the case) on the
same terms and conditions, including as to
remuneration, as those which applied to the person
immediately before the commencement of this Act.
5 19. Miscellaneous amendments
Amendments are made as set out in Schedule 1.
page 31
Prisons Amendment Bill 1998
Schedule 1 Miscellaneous amendments
Schedule 1 -- Miscellaneous amendments
[s. 19 ]
1. Anti-Corruption Commission Act 1988 amended
(1) Section 3(1) is amended in the definitions of "contractor" and
5 "subcontractor" in each case by inserting after "1998" --
" or the Prisons Act 1981, as is relevant to the case ".
(2) Section 14(7)(b) is amended by inserting after "1998" --
"
or the chief executive officer as defined in the Prisons
10 Act 1981, as is relevant to the case
".
2. The Criminal Code amended
Section 1(1) is amended in the definition of "public officer" after
paragraph (ca) by inserting the following paragraph --
15 "
(cb) a person who holds a permit to do high-level
security work as defined in the Prisons
Act 1981;
".
20 3. Freedom of Information Act 1992 amended
(1) Section 63(3)(aa) is amended as follows:
(a) by inserting after "1998" --
" or the Prisons Act 1981 ";
(b) by inserting after "committed" --
25 " , as is relevant to the case ".
page 32
Prisons Amendment Bill 1998
Miscellaneous amendments Schedule 1
(2) Schedule 2 is amended in the Glossary in the definitions of
"contractor" and "subcontractor" in each case by inserting
after "1998" --
" or the Prisons Act 1981, as is relevant to the case ".
5 4. Parliamentary Commissioner Act 1971 amended
(1) Section 4 is amended in the definitions of "contractor" and
"subcontractor" in each case by inserting after "1998" --
" or the Prisons Act 1981, as is relevant to the case ".
(2) Section 4 is amended in paragraph (b) of the definition of
10 "responsible Minister" as follows:
(a) by inserting after "1998" --
" or the Prisons Act 1981 ";
(b) by inserting after "committed" --
" , as is relevant to the case ".
15 (3) Section 19(7)(b) is amended as follows:
(a) by inserting after "1998" --
" or the Prisons Act 1981 ";
(b) by inserting after "committed" --
" , as is relevant to the case ".
page 33
Prisons Amendment Bill 1998
Schedule 1 Miscellaneous amendments
5. Spent Convictions Act 1988 amended
Schedule 3 is amended by deleting item 5 in the Table to clause 1 and
inserting the following item instead --
"
5.
A person -- Section 18,
19, 20, 22
(a) who is employed, or who is and
being considered for Division 4
employment, as a prison officer
under the Prisons Act 1981; or
(b) who holds, or who is applying
to be issued with, a permit to do
high-level security work as
defined in that Act.
5 ".
page 34
[Index] [Search] [Download] [Related Items] [Help]