PRISONS ACT 1981 - SECT 13
PRISONS ACT 1981 - SECT 13
13 . Engagement of prison officers
(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 Public Sector Commissioner,
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;
and
(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; and
(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;
and
(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) The Minister may,
on the recommendation of the chief executive officer under section 101(1)(b),
remove a prison officer engaged under subsection (1).
(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 removal 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: 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; No. 39 of
2010 s. 89; No. 29 of 2014 s. 6.]