Western Australian Consolidated Acts

COURT SECURITY AND CUSTODIAL SERVICES ACT 1999

TABLE OF PROVISIONS

           Long Title

   PART 1 -- Preliminary  

   1.      Short title  
   2.      Commencement  
   3.      Terms used  
   4.      Terms used: hospital, person apprehended under the 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 the 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 the 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  
           SCHEDULE 1
           SCHEDULE 2 -- Powers in relation to custodial services  
           SCHEDULE 3
           Compilation table