Western Australian Consolidated Acts Western Australian Consolidated Acts In this Act,
unless the contrary appears —
administrator means a person appointed or engaged
under section 61 or 62;
adult means anyone except a young person;
authorised person , in relation to a Schedule
power, means a person who is authorised to exercise the power;
CEO means the chief executive officer of the
Department;
CEO’s rules means rules made under
section 32;
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 —
(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 18;
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 subcontractor;
contractor means a person, other than
the CEO, who has entered into a contract;
court custodial services means the custodial
services referred to in sections 9, 10, and 11;
court custody centre means a part of court
premises, other than the dock in a courtroom —
(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;
court premises includes —
(a) a
courtroom;
(b) a
court custody centre;
(c) the
building in which a courtroom or court custody centre is located;
(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;
court security service means a matter for which
the CEO is responsible under section 8;
(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
(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 otherwise be
attending the place referred to in paragraph (a) or (b) in person, and
vice versa;
custodial place means any of the following
places —
(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 centre when attended by
a person in custody for medical treatment;
(f) an
authorised hospital or a declared place as those terms are defined in
section 23 of the Criminal Law (Mentally Impaired Accused) Act 1996
;
(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 Prisons
Act 1981 ;
(k) a
place to which a young person is remanded under section 49 of the Young
Offenders Act 1994 for observation;
(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;
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;
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 Practitioners Act 2008 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 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 48 as high-level security work; and
(b) work
declared as high-level security work under section 49;
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
(b) to
provide a service that is a subject of the contract;
intoxicated detainee means a person detained under
the Protective Custody Act 2000 ;
law enforcement officer means a person who is
authorised under a law of the State or the Commonwealth to arrest or apprehend
a person;
lock-up , subject to section 6, 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
treatment;
nurse has the meaning given to registered nurse in
section 3 of the Nurses and Midwives Act 2006 ;
permit means a permit issued under section 51
to do high-level security work;
person in court custody means —
(a) a
person who has appeared in court as required by his or her bail undertaking;
(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
(d) a
person who is taken into custody by the sheriff or a bailiff outside court
premises and brought directly to the court;
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 —
(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 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;
prison has the definition that it has in the
Prisons Act 1981 ;
prison officer has the definition that it has in
the Prisons Act 1981 ;
prisoner has the definition that it has in the
Prisons Act 1981 ;
Schedule power means a power that is set out in
Schedule 1, 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 ;
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;
young person has the definition that it has in the
Young Offenders Act 1994 .
[Section 3 amended by No. 50 of 2000
s. 30; No. 84 of 2004 s. 82; No. 50 of 2006 Sch. 3 cl. 5; No.
59 of 2006 s. 14; No. 8 of 2008 s. 12 and 23(2); No. 22 of 2008
Sch. 3 cl. 12.]