Western Australian Consolidated Acts

PRISONS ACT 1981 - SECT 35

35 .         Chief executive officer may make rules

        (1)         The chief executive officer may, with the approval of the Minister, make rules for the management, control and security of prisons generally or a specified prison and for the management, control, and security of prisoners and the management of officers of the Department.

        (2)         It is the intention that rules made under subsection (1) shall complement regulations made by the Governor under section 110 and if there exists any inconsistency between a rule made by the chief executive officer and a regulation made by the Governor, the rule shall, to the extent of such inconsistency, be read and have effect subject to the regulation.

        (3)         Rules made under this section may confer a discretionary authority on any person or class of persons.

        (4)         Rules made under this section may specify and regulate the privileges which may be extended to prisoners and may provide for the withdrawal of such privileges.

        (5)         The chief executive officer shall publish rules made under this section in such manner as he considers necessary to bring relevant rules to the attention of officers, persons visiting prisons and prisoners.

        (6)         The chief executive officer shall take reasonable steps to have rules made under this section, so far as they are relevant to prisoners, made known — 

            (a)         to every prisoner who is illiterate; and

            (b)         in a language that he understands, to every prisoner who does not understand English.

        [Section 35 amended by No. 47 of 1987 s. 9 and 11; No. 113 of 1987 s. 32; No. 31 of 1993 s. 59; No. 65 of 2006 s. 16.]