Western Australian Consolidated Acts Western Australian Consolidated Acts (1) If the
superintendent is of the opinion that a visitor or any other person is likely
to interfere with the preservation of the good order or the security of a
prison, he may, notwithstanding any other provision of this Act or any
provision of another written law, refuse him entry to the prison or, if such
person has been admitted to the prison, he may remove him or cause him to be
removed and may use such reasonable force as is necessary for the purpose.
(2) A superintendent
shall forthwith notify the chief executive officer in writing of any action he
takes under subsection (1).
(3) Notwithstanding
any other provision of this Act, the chief executive officer may in prescribed
circumstances ban a person from visiting a specified prison for a specified
period.
(4) The chief
executive officer may revoke a ban.
(5) The maximum period
that a person may be banned is to be prescribed and different maximum periods
may be prescribed in relation to different prescribed circumstances.
(6) If a person is
banned, the chief executive officer must give the person written notice of
that ban and, subject to subsection (7), the reasons for the ban.
(7) The chief
executive officer is not required under subsection (6) to give a person a
reason for a ban if —
(a)
failure to give the reason is necessary to protect the good order and security
of a prison; or
(b) the
reason is a prescribed reason.
(8) A person banned
from visiting a prison may make a submission to the chief executive officer
about —
(a) the
chief executive officer’s decision to ban the person from visiting a
prison; and
(b) any
reason given by the chief executive officer for the ban.
(9) The rules known as
the rules of natural justice (including any duty of procedural fairness) do
not apply to or in relation to a decision made under subsection (3)
or (4).
(10) A notice under
subsection (6) must contain or be accompanied by a statement explaining
the effect of subsection (8).
[Section 66 amended by No. 47 of 1987
s. 11; No. 113 of 1987 s. 32; No. 24 of 2003 s. 7;
No. 75 of 2003 s. 56(1).]