Western Australian Consolidated Acts

PRISONS ACT 1981

TABLE OF PROVISIONS

           Long Title

   PART I -- Preliminary  

   1.      Short title  
   2.      Commencement  
   3.      Terms used in this Act  

   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  

   15A.    Terms used in this Part  

           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.    Meaning of offence for which the contract worker is convicted in this Division  
   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 etc.  
   42.     Restraint  
   43.     Separate confinement  
   44.     Separation of male and female prisoners  
   46.     Medical examination for evidentiary purposes  
   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 section 49  
   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, judges, etc.  
   58.     Cooperation with official visitors  
   59.     Visits by friends and relations of prisoners  
   60.     Declaration of visitors  
   60A.    Protection of proof of identity of a visitor to a 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 etc. written by prisoners  
   67A.    Prisoner’s mail not to be sent to certain persons  
   68.     Letters etc. 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 section 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  

   96.     Meaning of “prison officer” for disciplinary purposes  
   97.     Regulations, rules, etc. to be strictly observed  
   98.     Disciplinary offences  
   99.     Laying of charges against prison officers  
   100.    Procedure for inquiries into disciplinary charges  
   101.    Legal representation not permitted  
   102.    Imposition of penalties by superintendent  
   103.    Appeal to chief executive officer  
   104.    Determination of appeal by chief executive officer  
   105.    Superintendent may refer charge to chief executive officer  
   106.    Determination of charge by chief executive officer  
   107.    Constitution of Appeal Tribunal  
   108.    Appeals to Appeal Tribunal  
   109.    Fines may be deducted from pay etc.  

   PART XI -- General provisions  

   110.    Regulations  
   111.    Protection from liability  
   112.    Community safety information  
   113.    Exchange of information  
   113A.   Disclosure to external agencies  
   113B.   Disclosure to victims  
   113C.   Disclosure authorised  
   114.    Failure to perform duties  
   115.    Section 114 to prevail  
   116.    Repeal  
   117.    Transitional  
           SCHEDULE 1  
           SCHEDULE 2  
           Compilation table