Western Australian Consolidated Regulations

PRISONERS (INTERSTATE TRANSFER) REGULATIONS 1984 - REG 32

32 .         Procedure relating to property on transfer of prisoner

        (1)         Where a prisoner is about to be released from a prison for escort to a participating State pursuant to an order of transfer, or a warrant issued under the authority of the Act, the superintendent of the prison shall give or cause to be given to the prisoner, an opportunity to inspect — 

            (a)         the personal property, if any, belonging to the prisoner and in the custody of the superintendent of the prison; and

            (b)         any official records at the prison relating to money, if any, belonging to the prisoner.

        (2)         Where a prisoner — 

            (a)         inspects the personal property, if any, belonging to the prisoner and in the custody of the superintendent of the prison and any records referred to in subregulation (1)(b); and

            (b)         wishes to make a complaint regarding the condition of, or any deficiency in, that property or any mistake in those records,

                the prisoner may make a written complaint regarding the condition, deficiency or mistake in those records, as the case may require.

        (3)         A prisoner who makes a complaint referred to in subregulation (2) shall deliver it to — 

            (a)         the superintendent of the prison in which the prisoner is detained; or

            (b)         a prison officer at that gaol who shall, without unnecessary delay, convey the complaint to that superintendent.

        (4)         The superintendent of a prison shall — 

            (a)         investigate any complaint made by a prisoner under subregulation (2) that is delivered or conveyed to the superintendent, or cause such complaint to be investigated; and

            (b)         report the result, if any, of the investigation, or cause it to be reported, to the prisoner prior to the release of the prisoner for escort to a participating State.

        (5)         Where it is brought to the attention of the superintendent of a prison that — 

            (a)         the result of an investigation carried out in response to a complaint made by a prisoner under subregulation (2) is not to the satisfaction of the prisoner; or

            (b)         an investigation of a complaint made by a prisoner under subregulation (2) has not been completed prior to the release of the prisoner for escort to a participating State,

                the superintendent of the prison shall, without unnecessary delay, notify the Department of the complaint and the result of the investigation, or the fact that the investigation has not been completed, as the case may require.