Western Australian Consolidated Acts Western Australian Consolidated Acts (1) On the occasion of
the first visit under section 59 or 65 of a person to a prisoner who is
confined in a prison, the person shall, before being permitted to make the
visit to that prisoner, be informed by the superintendent, or an officer
appointed by him for the purposes of this section, of the provisions of this
subsection and the consequences of breach of this section and shall be
required by the superintendent or such officer to make and sign a declaration
on the prescribed form with respect to his identity, his friendship or
relationship with the prisoner concerned (if applicable), and the purpose of
his visit.
(2) A person who has
made a declaration under subsection (1) may be required by the
superintendent or an officer appointed by him for the purposes of this
section, should he desire to make further visits to the prisoner, to make and
sign a further declaration or declarations on the prescribed form.
(3) On the occasion of
a visit to or interview of a prisoner, other than a visit to which
subsection (1) applies, the person may, before being permitted to make
the visit or conduct the interview, or at any time while he remains within the
prison, be informed by the superintendent, or an officer appointed by him for
the purpose, of the provisions of this subsection and the consequences of
breach of this section and may be required by the superintendent or other
officer to make and sign a declaration on the prescribed form with respect to
his identity, his friendship or relationship with the prisoner concerned (if
applicable), and the purpose of his visit.
(4) A person who makes
a declaration under this section which is false in a material particular
commits an offence.
Penalty: $1 500 or 18 months’
imprisonment, or both.
(5) Before permitting
a person who is required to make a declaration under this section to visit or
interview a prisoner, the superintendent or other officer appointed for the
purposes of this section shall satisfy himself, so far as is reasonably
practicable, as to the matters stated in the declaration.
(6) The superintendent
shall —
(a)
subject to any directions of the chief executive officer as to disposal,
retain every declaration made under this section; and
(b)
cause a record to be made of the name of each visitor to a prisoner and the
time and date of the visit.
[Section 60 amended by No. 47 of 1987
s. 11; No. 113 of 1987 s. 32; No. 24 of 2003 s. 5.]