PRISONS ACT 1981
Table of Provisions
PART I -- Preliminary
- 1 Short title
- 2 Commencement
- 3 Terms used
PART II -- Establishment of prisons
- 4 Existing prisons continued
- 5 Orders for prisons
PART III -- Officers
- 6 Appointment of officers
- 7 Powers and duties of chief executive officer
- 8 Delegation by chief executive officer
- 9 Chief executive officer may set up inquiry
- 10 Failure to supply information to inquiry
- 11 Application of Financial Management Act 2006 and Auditor General Act 2006
- 12 Duties of officers
- 13 Engagement of prison officers
- 14 Powers and duties of prison officers
- 15 Assistance by police officers
PART IIIA -- Contracts for prison services
Division 1 -- Preliminary
Division 2 -- Matters relating to contracts generally
- 15B Contracts for prison services
- 15C Minimum matters to be included in contracts
- 15D Minimum standards
- 15DA Penalty for breach
- 15E Minister, chief executive officer etc. may have access to certain prisons, persons, vehicles and documents
- 15F Administrators and reporting officers may have access to certain prisons, persons, vehicles and documents
- 15G Annual reports and tabling of contracts
- 15H No contracting out
Division 3 -- Authorisation of contract workers to perform functions
- 15I Contract workers’ functions
- 15J Limitation on functions of contract workers
- 15K Effect of authorisation
Division 4 -- Vetting and control of contract workers in relation to high-level security work
- 15L Term used: offence for which the contract worker is convicted
- 15M High-level security work
- 15N Chief executive officer may declare other kinds of work to be high-level security work
- 15O Contract workers require permits to do high-level security work
- 15P Issue of permits to do high-level security work
- 15Q Information about applicants for permits
- 15R Taking of fingerprints and palmprints
- 15S Refusal to issue permit
- 15T Determining suitability of contract workers to keep holding permits
- 15U Suspension or revocation of permits
- 15V Gazettal of permit details
Division 5 -- Intervention in, and termination of, contracts
- 15W Intervention in contracts
- 15X Termination or suspension of contracts
- 15Y Administrator where intervention in contract
- 15Z Administrator where termination or suspension of contract
- 15ZA Administrator’s functions
- 15ZB Compliance with administrator’s directions
- 15ZC Requisitioning property on intervention in, or termination of, contract
PART IV -- Custody, removal and release of prisoners
- 16 Prisoners in custody of chief executive officer
- 17 Reckoning of sentence
- 18 Conveyance of prisoners for trial etc.
- 19 Warrants of commitment
- 20 Proof of imprisonment
- 23 Prisoner assigned to external facility in lawful custody
- 24 Prisoner absent under permit in lawful custody
- 25 Prisoner attending legal or investigative proceedings in lawful custody
- 26 Removal of prisoner to another prison
- 31 Chief executive officer and superintendent’s powers of early discharge
- 32 Prison offences by prisoners due for release
- 33 Provision of fare home on release
PART V -- Management, control and security of prisons
- 35 Chief executive officer may make rules
- 36 Superintendents of prisons
- 37 Superintendent may issue standing orders
- 41 Search of prisoners and taking of things found
- 42 Restraint
- 43 Separate confinement
- 44 Separation of male and female prisoners
- 46 Medical examination for evidentiary purposes
- 46A Inspection of medical records and mandatory taking of blood or other body sample where prison officer may have been exposed to infectious disease
- 46B Review of s. 46A
47. Use of firearms
- 48 Use of force on serious breach of security
- 49 Power to search and question persons entering prison
- 49A Use of dogs
- 49B Possession of firearms, prohibited drugs etc. by prison officers
- 50 Penalty in respect of unauthorised articles
- 51 Superintendent may delegate powers under s.
- 52 Offences in respect of loitering, unauthorised entry and unauthorised communications
PART VI -- Prison visits and communications involving prisoners
- 54 Appointment of visiting justices
- 56 Duties of visiting justice
- 57 Right of entry of independent prison visitors and judges
- 58 Cooperation with official visitors
- 59 Visits by friends and relations of prisoners
- 60 Declaration of visitors
- 60A Protection of proof of identity of visitor to prison
- 61 Visits by certain officials
- 62 Visits by legal practitioner
- 63 Visits by police
- 64 Visits by public officers
- 65 Other visitors to prisoners
- 66 Visitor may be refused entry or removed
- 67 Letters and parcels from by prisoners
- 67A Prisoner’s mail not to be sent to certain persons
- 68 Letters and parcels addressed to prisoners
PART VII -- Prison offences
- 69 Minor prison offences
- 70 Aggravated prison offences
- 71 Charges of prison offences
- 72 Visiting justice may determine minor prison offences
- 73 Visiting justice and aggravated prison offences
- 74 Hearing of charges
- 74A Charges may be heard and determined by video link
- 75 Procedure for hearing charges of minor prison offences
- 76 Prisoner not to be legally represented
- 77 Imposition of penalties by superintendent
- 78 Imposition of penalties by visiting justice
- 79 Imposition of penalties by court of summary jurisdiction
- 80 Punishment book
- 81 Reports of punishments under s. 79 to chief executive officer
- 82 Punishment by confinement
PART VIII -- Authorised absences from prison
- 83 Permits to be absent from prison
- 83A Effect of permit
- 83B Revocation or cancellation of permit
- 84 Breach of condition of permit
- 85 Attendance of prisoner at legal or investigative proceedings
- 86 Consequence of escape or of failure to comply with absence permit or order
- 87 Regulations about absences from prison
- 88 Interstate arrangements
PART IX -- Prisoner wellbeing and rehabilitation
- 95 Preparation and implementation of activity programmes
- 95A Medical care of prisoners
- 95B Duties of medical officers
- 95C Health inspection of prisons
- 95D Power of medical examination and treatment
- 95E Practice of religion or spiritual beliefs by prisoners
PART X -- Discipline of prison officers
Division 1 -- Preliminary
- 96 Term used: prison officer
Division 2 -- General discipline
Division 3 -- Removal of prison officers due to loss of confidence
Subdivision 1 -- Preliminary
- 99 Terms used
Subdivision 2 -- Removal of prison officers
- 100 Application of Subdivision
- 101 Removal action
- 102 Notice of loss of confidence
- 103 Maintenance payment
- 104 Withdrawal of removal action and revocation of removal
- 105 Resignation of prison officer who has been removed
Subdivision 3 -- Appeal against removal of prison officer
- 106 Appeal right
- 107 Proceedings on appeal
- 108 Leave to tender new evidence on appeal
- 109 Opportunity to consider new evidence
- 110A Revocation of removal after consideration of new evidence
- 110B Application of Industrial Relations Act 1979 to appeals
- 110C Adjournment of appeal if appellant charged with offence
- 110D Resumption of appeal before end of adjournment
- 110E Decision by WAIRC
- 110F Determining amount of compensation
- 110G Restriction on publication
Subdivision 4 -- General
- 110H Effect of charge for, or conviction or acquittal of, offence
- 110I Failure to comply with procedure
- 110J Transfer, standing down and leave of prison officer
- 110K Review of Division
PART XI -- General provisions
PART XII -- Savings and transitional provisions for Custodial Legislation (Officers Discipline) Amendment Act 2014
- 118 Purpose
- 119 Disciplinary offences before commencement day
