Western Australian Consolidated Regulations Western Australian Consolidated Regulations
TABLE OF PROVISIONS
PART 1 -- Preliminary
1. Citation
2. Terms used in these regulations
PART 2 -- Form of written statement given to a young person not represented by a legal practitioner
3. Form of written statement given to a young person not represented by a legal practitioner
PART 3 -- Youth community based orders and intensive youth supervision orders
Division 2 -- Taking of body samples
9. Taking of body samples
Division 3 -- Attendance conditions
10. Proposed agenda
Division 4 -- Community work conditions
11. Terms used in this Division
12. Offender subject to community work conditions
13. Maximum number of hours to be worked in any day
14. Safe working environment and safe manner of work
15. Authorised breaks counted as work
16. Certain breaks allowed and counted as work
17. Offender not required to work if supervising officer or overseer fails to arrive unless alternative arrangements made
18. Certain substances prohibited
19. Offender under the influence of alcohol etc.
20. Offender not to possess weapon, and confiscation
21. Offender not to drive vehicle unless authorised
22. Offender may be excused from work
23. Offender ill or injured while performing work
24. Supervising officer to notify responsible adult
25. Offender unable to attend to perform work because of illness
Division 5 -- Supervision conditions
26. Limits on the reporting requirements of supervision conditions
27. Requirement to report for offender who lives in remote area of the State
Division 6 -- Intensive youth supervision orders without detention
28. Term used in this Division
29. Application of Divisions 3, 4 and 5 to supervision orders
30. Limits on the reporting requirements of supervision conditions
31. Offender to inform supervising officer of change in address within 48 hours
Division 7 -- Conditional release orders
32. Application of Division 4 to offender released under conditional release order
33. Offender unable to attend to perform work because of illness
PART 4 -- Special detention centres
34. Detention centres established and operated as special detention centres
PART 6 -- Hearing and determination of detention offences
36. Term used in this Part
37. Charge of detention offence
38. Notification of hearing
39. Representation of detainee
40. Procedure
PART 6A -- Miscellaneous
40A. Calculation of period of detention by reference to unpaid amount (s. 65C(2))
40B. Restriction of access to exchange information (s. 16(8)(b))
PART 7 -- Detainee gratuities
Division 1 -- Special detention centres
41. Classification of activities undertaken by detainees in special detention centres
42. Gratuities credited to a detainee in special detention centre
Division 2 -- Detention centres other than special detention centres
43. Gratuities credited to a detainee in detention centre that is not a special detention centre
Division 3 -- General
44. Superintendent may direct gratuities be withheld or reduced
45. Superintendent may direct deductions from gratuities
46. Superintendent may direct when gratuities are to be credited
PART 7A -- Detainee privileges
46A. Granting and withdrawing of privileges
46B. Privileges
PART 8 -- Responsibilities and discipline of employees
Division 1 -- Preliminary
47. Terms used in this Part
Division 2 -- Employment generally
48. Application
49. Officers and employees of particular classes prescribed (section 11(1a)(b))
50. Functions of officers and employees of particular classes prescribed (section 11(2))
51. Circumstances in which employment may be terminated (section 11(1a))
52. Notice prior to termination of employment (section 11(1a))
Division 3 -- Employee discipline
53. Application
54. Breaches of discipline
55. Laying a charge
56. Give notice when charge is laid
57. Where a charge is denied or ignored
58. Where a breach of discipline is admitted
59. Inquiry into charge
60. Persons involved in an inquiry
61. Determination of charge
62. Guidelines for person conducting inquiry
63. Finding following inquiry
64. Action that may be taken following finding
65. Review by CEO
66. Referral where charge appears too serious
67. Inquiry into a referred charge
68. Outcome of inquiry into a referred charge
69. Fines may be deducted from pay etc.
Division 4 -- Use of force
70. Application
71. Prescribed force (section 11C(1))
72. Prescribed circumstances for use of force (section 11C(2))
PART 9 -- Confinement of detainees
Division 1 -- Preliminary
73. Term used in this Part
74. Imposition of confinement
Division 2 -- Detention offence confinement
75. Application
76. Confinement procedures
77. Confinement monitoring, searches etc.
Division 3 -- Good government, good order or security confinement
78. Application
79. Confinement procedures
80. Confinement monitoring, searches etc.
PART 10 -- Search and seizure
Division 1 -- Preliminary
81. Terms used in this Part and application
82. Superintendent empowered to search
83. Superintendent empowered to search with assistance of trained dog
84. Superintendent empowered to use force when searching detainees
Division 2 -- Searching detainees
85. When
86. How
87. If illegal or unauthorised things are found
Division 3 -- Searching officers or other employees
88. When
89. How
90. If illegal or unauthorised things are found
Division 4 -- Searching other persons
91. When
92. How
93. If illegal or unauthorised things are found
Division 5 -- Use of dogs
94. Dogs can be used to search for drugs
95. Dogs to be under the control of a dog handler
96. Dogs to be used in authorised manner
97. Dogs in searches
Division 6 -- Securing illegal or unauthorised things
98. Securing illegal or unauthorised things
PART 11 -- Body samples
Division 1 -- Taking body samples
99. Officer who suspects unauthorised or illegal substance use to inform superintendent
100. Circumstances that may prompt requirement for body samples
101. Taking of body samples
Division 2 -- Analysis
102. Approval of analysis agent
103. Analyst to give certificate
104. Admissibility of analyst’s certificate
SCHEDULE 1
Compilation table
[Reprinted under the Reprints Act 1984 as at 20 July 2007]