Western Australian Consolidated Acts Western Australian Consolidated Acts (1) The Minister may
engage prison officers as employees and, subject to any industrial award or
agreement that is applicable in relation to a particular case or class of
cases, persons so engaged shall be employed on such terms and conditions as
the Minister, on the recommendation of the Minister for Public Sector
Management, determines.
(2) No person shall be
engaged under subsection (1) to be a prison officer until he shall have
subscribed in the presence of and attested by a justice or an officer not
below the rank of superintendent, the following oath of
engagement —
I, A.B. engage and
promise that —
(a) I
will well and truly serve the State as a prison officer of Western Australia;
(b) I
will do my utmost in the performance of my duty as a prison officer to
maintain the security of every prison in which I serve and the security of the
prisoners and the officers employed at the prison;
(c) I
will uphold the Prisons Act 1981 , as amended from time to time, and the
regulations, rules and standing orders made under that Act from time to time;
(d) I
will deal with prisoners fairly and impartially; and
(e) I
will obey the lawful orders of an officer under whose control or supervision I
am placed.
(3) Where a prison
officer to whom Part X applies is convicted of an offence other than
under this Act but which relates to the performance of his duties or his
fitness to hold office as a prison officer, the chief executive officer may,
with the consent of the Minister, dismiss that prison officer.
(4) The Minister may,
by instrument in writing signed by him, delegate to the chief executive
officer his powers under this section, other than the power of consenting to a
dismissal under subsection (3).
(5) The delegation may
expressly authorise the chief executive officer to further delegate a power.
(6) The chief
executive officer, in exercising a power that has been delegated under
subsection (4), is to be taken to do so in accordance with the terms of
the delegation unless the contrary is shown.
(7) Unless the
contrary is shown, it is to be presumed that a document purporting to have
been signed by the chief executive officer as a delegate of the Minister was
signed by the chief executive officer in the exercise of a power that at the
time was delegated to the chief executive officer by the Minister.
(8) Nothing in this
section limits the ability of the Minister to perform a function through an
officer or agent.
[Section 13 amended by No. 47 of 1987
s. 8 and 11; No. 113 of 1987 s. 32; No. 47 of 1991
s. 7; No. 65 of 2006 s. 10.]