COURT SECURITY AND CUSTODIAL SERVICES ACT 1999
Table of Provisions
PART 1 -- Preliminary
- 1 Short title
- 2 Commencement
- 3 Terms used
- 4 Terms used: hospital, person apprehended under Mental Health Act
- 5 Term used: security, good order or management
- 6 Application of Act to lock-ups that are not prescribed lock-ups
- 7 Crown bound
PART 2 -- Administration of court security and custodial services
Division 1 -- CEO’s responsibilities
Subdivision 1 -- Court security services
- 8 Court security services
Subdivision 2 -- Custodial services
- 9 Management etc. of court custody centres
- 10 Security etc. of persons in custody at court premises
- 11 Management etc. of personal property at court custody centres
- 12 Management etc. of lock-ups
- 13 Security etc. of persons in lock-ups
- 14 Management etc. of personal property at lock-ups
- 15 Security etc. of persons in custody at certain other custodial places
- 16 Moving persons in custody and intoxicated detainees between custodial places
- 17 Management etc. of personal property of certain persons in custody
Division 2 -- Framework for administering court security and custodial services
- 18 CEO may enter into contracts with private sector
- 19 CEO may make arrangements with Commissioner of Police and Public Sector
- 20 CEO may delegate
- 21 CEO has Schedule powers
- 22 Powers of contract workers
- 23 Powers of police officers
- 24 Powers of certain court officers
- 25 CEO may authorise justice officers to exercise powers
- 26 Authorised persons may use reasonable force
- 27 Responsibility of certain authorised persons for escapes etc.
Division 3 -- Other matters relating to administration of court security and custodial services
- 28 Minister may give directions to CEO
- 29 CEO to inform Minister of certain events
- 30 Separation of certain kinds of persons in custody and intoxicated detainees
- 31 Young persons to be dealt with under Young Offenders Act 1994
- 32 CEO may make rules
- 33 CEO may ban certain persons from visiting lock-ups or court custody centres
- 34 Judicial officers’ right of entry to lock-ups and court custody centres
Division 4 -- Court security and court custodial services
- 35 Court powers not affected by this Act
- 36 CEO to consult relevant chief judicial officer on certain matters
- 37 Sheriff’s role
PART 3 -- Contracts for court security and custodial services
Division 1 -- Matters relating to contracts generally
- 38 Minimum matters to be included in contracts
- 39 Minimum standards
- 40 Contract workers subject to judicial direction
- 41 Public Sector Management Act 1994 not applicable
- 42 Minister, CEO etc. may have access to certain places, persons, vehicles and documents
- 43 Administrators and investigators may have access to certain places, persons, vehicles and documents
- 44 CEO may set up inquiry
- 45 Annual reports
- 46 No contracting out
Division 2 -- Vetting and control of contract workers in relation to high-level security work
- 47 Term used: offence for which contract worker is convicted
- 48 High-level security work
- 49 CEO may declare other kinds of work to be high-level security work
- 50 Contract workers require permits to do high-level security work
- 51 Issue of permits
- 52 Information about applicants for permits
- 53 Taking of fingerprints and palmprints
- 54 Grounds for refusing permits
- 55 Determining suitability of contract workers to keep holding permits
- 56 Suspension or revocation of permits
- 57 Gazettal of permit details
- 58 CEO may give directions to contract workers about high-level security work
Division 3 -- Intervention in, and termination of, contracts
- 59 CEO may intervene in contracts
- 60 CEO may terminate or suspend contracts
- 61 CEO may appoint administrator after intervening in contract
- 62 CEO may appoint administrator after terminating or suspending contract
- 63 Administrator’s functions
- 64 Contractor etc. to comply with administrator’s directions
- 65 Requisitioning property on intervention in, or termination of, contract
PART 4 -- How authorised persons take charge of, and move, persons in the custody of law enforcement officers
Division 1 -- General
- 66 Term used: request
- 67 Authorised persons to comply with requests, subject to contract
- 68 Presumption that persons are in legal custody
- 69 Custodial status not affected by requests
Division 2 -- Law enforcement officers may request authorised persons to take charge of, and move, persons in custody
- 70 Terms used
- 71 Law enforcement officers may request authorised persons to take charge of persons in custody at certain custodial places
- 72 Law enforcement officers may request authorised persons to move persons in custody between custodial places
- 73 Law enforcement officers’ powers not affected
- 74 Form of requests
Division 3 -- Police officers may request authorised persons to take charge of persons apprehended under the Mental Health Act
- 75 Term used: authorised person
- 76 Police officers may request authorised persons to take charge of persons apprehended under Mental Health Act who are at lock-ups
- 77 Police officers’ powers not affected
- 78 Form of requests
Division 4 -- Police officers may request authorised persons to take charge of, and move, intoxicated detainees
- 79 Term used: authorised person
- 80 Police officers may request authorised persons to take charge of intoxicated detainees at lock-ups
- 81 Police officers may request authorised persons to move intoxicated detainees between certain custodial places
- 82 Police officers’ powers not affected
- 83 Form of requests
PART 6 -- Offences
- 90 Possession of firearms or weapons at certain custodial places or in vehicles
- 91 Certain articles not to be brought into certain custodial places and vehicles
- 92 Hindering or resisting authorised persons
PART 7 -- Miscellaneous
- 93 Courts may order or direct authorised persons to take charge of, and move, persons in custody
- 94 Protection from liability
- 95 Authorised persons may possess firearms, prohibited drugs etc. lawfully
- 96 Exchange of information
- 97 Confidentiality
- 98 Assistance by police officers
- 99 Evidentiary matters
- 100 Regulations
