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This is a Bill, not an Act. For current law, see the Acts databases.
Western Australia
Prisons and Sentencing Legislation Amendment
Bill 2006
CONTENTS
Part 1 -- Preliminary
1. Short title 2
2. Commencement 2
Part 2 -- Prisons Act 1981 amended
3. The Act amended in this Part 3
4. Section 3 amended 3
5. Section 5 amended 4
6. Section 6 amended 5
7. Section 7 amended 5
8. Section 8 replaced 5
8. Delegation by chief executive officer 5
9. Section 12 amended 6
10. Section 13 amended 7
11. Section 14 amended 7
12. Section 15DA inserted 8
15DA. Penalty for breach 8
13. Sections 21 and 22 repealed 8
14. Sections 23, 24 and 25 replaced 8
23. Prisoner assigned to external facility in
lawful custody 8
24. Prisoner absent under permit in lawful
custody 9
25. Prisoner attending legal or investigative
proceedings in lawful custody 9
15. Sections 27 and 28 repealed 9
16. Section 35 amended 9
17. Sections 38, 39 and 40 repealed 9
18. Section 45 repealed 9
19. Section 51 amended 10
134--3 page i
Prisons and Sentencing Legislation Amendment Bill 2006
Contents
20. Section 53 repealed 10
21. Section 67 amended 10
22. Section 67A inserted 10
67A. Prisoner's mail not to be sent to certain
persons 10
23. Section 69 amended 11
24. Section 70 amended 12
25. Section 74 amended 12
26. Section 74A inserted 12
74A. Charges may be heard and determined by
video link 12
27. Section 79 amended 13
28. Section 80 amended 13
29. Section 83 replaced by sections 83, 83A and 83B 14
83. Permits to be absent from prison 14
83A. Effect of permit 15
83B. Revocation or cancellation of permit 15
30. Section 84 amended 16
31. Sections 85 to 94 replaced by sections 85, 86, 87
and 88 16
85. Attendance of prisoner at legal or
investigative proceedings 16
86. Consequence of escape or of failure to
comply with absence permit or order 17
87. Regulations about absences from prison 17
88. Interstate arrangements 19
32. Part IX replaced 19
Part IX -- Prisoner wellbeing and rehabilitation
95. Preparation and implementation of activity
programmes 19
95A. Medical care of prisoners 21
95B. Duties of medical officers 22
95C. Health inspection of prisons 23
95D. Power of medical examination and
treatment 23
95E. Practice of religion or spiritual beliefs by
prisoners 24
33. Section 107 amended 24
34. Section 110 amended 25
35. Sections 112 to 113C inserted 25
112. Community safety information 25
113. Exchange of information 25
113A. Disclosure to external agencies 27
113B. Disclosure to victims 27
113C. Disclosure authorised 28
page ii
Prisons and Sentencing Legislation Amendment Bill 2006
Contents
Part 3 -- Sentence Administration
Act 2003 amended
36. The Act amended in this Part 29
37. Section 4 amended 29
38. Section 92 amended 29
39. Section 94 amended 30
40. Sections 97A to 97E inserted 30
97A. Community safety information 30
97B. Exchange of information 30
97C. Disclosure to external agencies 32
97D. Disclosure to victims 32
97E. Disclosure authorised 33
41. Section 98A inserted 33
98A. Duties of CCOs 33
42. Section 119 amended 34
43. References to supervisors amended 34
Part 4 -- Sentencing Act 1995
amended
44. The Act amended in this Part 35
45. Section 4 amended 35
46. Section 22 amended 35
47. Section 33N amended 36
48. Section 148 amended 36
49. References to "CEO" changed to "CEO
(corrections)" 36
Part 5 -- Bail Act 1982 amended
50. The Act amended in this Part 37
51. Section 3 amended 37
52. Section 66A amended 37
53. References to "CEO (Justice)" changed to "CEO
(corrections)" 38
Part 6 -- Children's Court of Western
Australia Act 1988 amended
54. The Act amended in this Part 39
55. Section 3 amended 39
56. Section 28 amended 39
57. Section 33 amended 40
page iii
Prisons and Sentencing Legislation Amendment Bill 2006
Contents
58. Section 40 amended 40
Part 7 -- Criminal Law (Mentally
Impaired Accused) Act 1996
amended
59. The Act amended in this Part 41
60. Section 32 amended 41
Part 8 -- Fines, Penalties and
Infringement Notices
Enforcement Act 1994 amended
61. The Act amended in this Part 42
62. Section 3 amended 42
63. Section 28 amended 42
64. References to "CEO" changed to "CEO
(corrections)" 42
Part 9 -- Juries Act 1957 amended
65. The Act amended in this Part 43
66. Second Schedule amended 43
Part 10 -- Restraining Orders
Act 1997 amended
67. The Act amended in this Part 44
68. Section 70A amended 44
Part 11 -- Spent Convictions Act 1988
amended
69. The Act amended in this Part 45
70. Schedule 3 amended 45
Part 12 -- Victims of Crime Act 1994
amended
71. The Act amended in this Part 46
72. Section 4 amended 46
73. Section 5 inserted 47
5. Regulations 47
page iv
Prisons and Sentencing Legislation Amendment Bill 2006
Contents
Part 13 -- Young Offenders Act 1994
amended
74. The Act amended in this Part 48
75. Section 12 amended 48
76. Section 15A amended 49
77. Section 16 replaced by sections 16 and 16A 50
16. Exchange of information 50
16A. Disclosure authorised 52
78. Section 151 amended 52
page v
Western Australia
LEGISLATIVE ASSEMBLY
(As amended in committee)
Prisons and Sentencing Legislation Amendment
Bill 2006
A Bill for
An Act to amend the --
• Prisons Act 1981;
• Sentence Administration Act 2003; and
• Sentencing Act 1995,
and to make related and other amendments to the --
• Bail Act 1982;
• Children's Court of Western Australia Act 1988;
• Criminal Law (Mentally Impaired Accused) Act 1996;
• Fines, Penalties and Infringement Notices Enforcement Act 1994;
• Juries Act 1957;
• Restraining Orders Act 1997;
• Spent Convictions Act 1988;
• Victims of Crime Act 1994; and
• Young Offenders Act 1994.
The Parliament of Western Australia enacts as follows:
page 1
Prisons and Sentencing Legislation Amendment Bill 2006
Part 1 Preliminary
s. 1
Part 1 -- Preliminary
1. Short title
This is the Prisons and Sentencing Legislation Amendment
Act 2006.
5 2. Commencement
(1) This Act comes into operation on a day fixed by proclamation.
(2) Different days may be fixed under subsection (1) for different
provisions.
page 2
Prisons and Sentencing Legislation Amendment Bill 2006
Prisons Act 1981 amended Part 2
s. 3
Part 2 -- Prisons Act 1981 amended
3. The Act amended in this Part
The amendments in this Part are to the Prisons Act 1981*.
[* Reprint 4 as at 20 August 2004 .
5 For subsequent amendments see Western Australian
Legislation Information Tables for 2005, Table 1, p. 359.]
4. Section 3 amended
(1) Section 3(1) is amended as follows:
(a) by deleting the definition of "Executive Director
10 (Corrective Services)";
(b) in paragraph (b) of the definition of "prison" by deleting
"by proclamation";
(c) by inserting in the appropriate alphabetical positions --
"
15 "absence permit" has the meaning given to that term
in section 83(2);
"judicial body" means a court, tribunal or other body
or person that has judicial or quasi judicial
functions or otherwise acts judicially, and
20 includes --
(a) a Royal Commission under the Royal
Commissions Act 1968; and
(b) the Corruption and Crime Commission
established under the Corruption and Crime
25 Commission Act 2003;
".
page 3
Prisons and Sentencing Legislation Amendment Bill 2006
Part 2 Prisons Act 1981 amended
s. 5
(2) Section 3(2) is amended in the Table as follows:
(a) by deleting the items "s. 24", "s. 25", "s. 27(3)" and
"s. 83(4) and (6)";
(b) by deleting the item "s. 85(2)(a)" and inserting
5 instead --
" s. 86(2)(a) ".
5. Section 5 amended
(1) Section 5(1) is amended as follows:
(a) by deleting "The Governor may by proclamation --"
10 and inserting instead --
" The Minister may, by order -- ";
(b) in paragraph (c) by deleting "proclamation" in both
places where it occurs and inserting instead --
" order ".
15 (2) Section 5(2) is repealed and the following subsections are
inserted instead --
"
(2) A building, enclosure or place that was a prison
immediately before the coming into operation of
20 section 5 of the Prisons and Sentencing Legislation
Amendment Act 2006 continues as a prison as if the
Minister had made an order under subsection (1)
declaring it to be a prison.
(3) The Minister may, by order, amend or revoke --
25 (a) an order under subsection (1); or
(b) a proclamation under subsection (1) as enacted
before the coming into operation of section 5 of
the Prisons and Sentencing Legislation
Amendment Act 2006.
page 4
Prisons and Sentencing Legislation Amendment Bill 2006
Prisons Act 1981 amended Part 2
s. 6
(4) An order under this section does not have effect until it
is published in the Gazette, and may be expressed to
have effect from a time that is after its publication in
the Gazette.
5 ".
6. Section 6 amended
Section 6(1) and (2) are repealed.
7. Section 7 amended
(1) Section 7(1) is amended by inserting after "welfare" --
10 " and safe custody ".
(2) After section 7(2) the following subsection is inserted --
"
(2a) The chief executive officer may --
(a) consult and collaborate with; and
15 (b) make use of the assistance of,
any individual or organisation in any way that the chief
executive officer considers expedient for the purpose of
the performance of functions under this Act.
".
20 8. Section 8 replaced
Section 8 is repealed and the following section is inserted
instead --
"
8. Delegation by chief executive officer
25 (1) The chief executive officer may delegate to any person
any power or duty of the chief executive officer under
another provision of this Act other than section 9, 35,
104, 105 or 106.
(2) The delegation must be in writing signed by the chief
30 executive officer.
page 5
Prisons and Sentencing Legislation Amendment Bill 2006
Part 2 Prisons Act 1981 amended
s. 9
(3) A person to whom a power or duty is delegated under
this section cannot delegate the power or duty.
(4) A person exercising or performing a power or duty that
has been delegated under this section, is to be taken to
5 do so in accordance with the terms of the delegation
unless the contrary is shown.
(5) Unless the contrary is shown, it is to be presumed that
a document purporting to have been signed by a person
as a delegate of the chief executive officer was signed
10 by a person in the performance of a function that at the
time was delegated to the person by the chief executive
officer.
(6) Nothing in this section limits the ability of the chief
executive officer to perform a function through an
15 officer or agent.
".
9. Section 12 amended
Section 12 is amended as follows:
(a) by deleting paragraph (a) and inserting instead --
20 "
(a) shall comply with --
(i) this Act and all regulations, rules and
standing orders made under this Act;
and
25 (ii) any other written law conferring
functions on officers; and
(iii) the orders and directions of the chief
executive officer;
and
30 ";
(b) in paragraph (b) by deleting "welfare of prisoners;" and
inserting instead--
" welfare or safe custody of prisoners; and ".
page 6
Prisons and Sentencing Legislation Amendment Bill 2006
Prisons Act 1981 amended Part 2
s. 10
10. Section 13 amended
(1) Section 13(2) is amended in paragraph (a) of the oath of
engagement by deleting "Queen of Australia" and inserting
instead --
5 " State ".
(2) Section 13(5) and (6) are repealed and the following subsections
are inserted instead --
"
(5) The delegation may expressly authorise the chief
10 executive officer to further delegate a power.
(6) The chief executive officer, in exercising a power that
has been delegated under subsection (4), is to be taken
to do so in accordance with the terms of the delegation
unless the contrary is shown.
15 (7) Unless the contrary is shown, it is to be presumed that
a document purporting to have been signed by the chief
executive officer as a delegate of the Minister was
signed by the chief executive officer in the exercise of
a power that at the time was delegated to the chief
20 executive officer by the Minister.
(8) Nothing in this section limits the ability of the Minister
to perform a function through an officer or agent.
".
11. Section 14 amended
25 Section 14(1)(c) is amended by inserting after "placed" --
"
and the orders and directions of the chief
executive officer
".
page 7
Prisons and Sentencing Legislation Amendment Bill 2006
Part 2 Prisons Act 1981 amended
s. 12
12. Section 15DA inserted
After section 15D the following section is inserted --
"
15DA. Penalty for breach
5 (1) A contract may provide for a party to the contract to be
liable to pay an amount determined under the contract,
by way of penalty, in respect of a breach of the
contract.
(2) The contract may provide for an increase in the amount
10 of the penalty because of each day or part of a day
during which a breach continues.
(3) A penalty provided for in accordance with this section
is recoverable even though no damage may have been
suffered or the penalty may be unrelated to the extent
15 of any damage suffered.
".
13. Sections 21 and 22 repealed
Sections 21 and 22 are repealed.
14. Sections 23, 24 and 25 replaced
20 Sections 23 to 25 are repealed and the following sections are
inserted instead --
"
23. Prisoner assigned to external facility in lawful
custody
25 (1) In this section --
"external facility" means a facility outside a prison
that is used to confine prisoners to facilitate their
being provided with opportunities for work or
participation in programmes or activities.
page 8
Prisons and Sentencing Legislation Amendment Bill 2006
Prisons Act 1981 amended Part 2
s. 15
(2) A prisoner who is assigned to an external facility shall
be deemed to be in lawful custody while confined in
that external facility.
24. Prisoner absent under permit in lawful custody
5 A prisoner who is absent from a prison or other facility
under an absence permit shall be deemed to be in
lawful custody while absent as authorised by the
permit.
25. Prisoner attending legal or investigative
10 proceedings in lawful custody
A prisoner who is brought up or produced before a
judicial body or to a place under an order lawfully
made under this Act or any other Act or any Act of the
Commonwealth shall be deemed to be in lawful
15 custody while absent from prison for the purpose
specified in the order.
".
15. Sections 27 and 28 repealed
Sections 27 and 28 are repealed.
20 16. Section 35 amended
Section 35(1) is amended by deleting "on the recommendation
of the Executive Director (Corrective Services) and".
17. Sections 38, 39 and 40 repealed
Sections 38 to 40 are repealed.
25 18. Section 45 repealed
Section 45 is repealed.
page 9
Prisons and Sentencing Legislation Amendment Bill 2006
Part 2 Prisons Act 1981 amended
s. 19
19. Section 51 amended
Section 51(2) to (6) are repealed and the following subsections
are inserted instead --
"
5 (2) A prison officer to whom a power is delegated under
this section cannot delegate the power.
(3) A prison officer exercising a power that has been
delegated under this section is to be taken to do so in
accordance with the terms of the delegation unless the
10 contrary is shown.
(4) Nothing in this section limits the ability of the
superintendent to perform a function through a
subordinate or agent.
".
15 20. Section 53 repealed
Section 53 is repealed.
21. Section 67 amended
Section 67(4) is amended by inserting after "subsections (2)
and (3)," --
20 " and section 67A, ".
22. Section 67A inserted
After section 67 the following section is inserted --
"
67A. Prisoner's mail not to be sent to certain persons
25 (1) A person, or an agent of a person, may give the chief
executive officer written notification --
(a) advising that the person does not wish to
receive mail from a prisoner named in the
notification; and
page 10
Prisons and Sentencing Legislation Amendment Bill 2006
Prisons Act 1981 amended Part 2
s. 23
(b) specifying the person's reasons for not wishing
to receive that mail.
(2) If the chief executive officer receives a notification
under subsection (1) and is satisfied that the reasons
5 put forward in it are appropriate, the chief executive
officer is to ensure that the superintendent of the prison
at which the prisoner is detained from time to time is
made aware of the notification.
(3) If a letter or parcel from a prisoner is addressed to a
10 person and the superintendent is aware that a
notification has been received under subsection (1)
advising that the person does not wish to receive mail
from that prisoner, the superintendent is to --
(a) return the letter or parcel to the prisoner; or
15 (b) otherwise deal with the letter or parcel in
accordance with an order of the chief executive
officer.
(4) In this section --
"person" is not limited to a victim of the prisoner.
20 ".
23. Section 69 amended
Section 69 is amended as follows:
(a) by deleting paragraph (j) and inserting instead --
"
25 (j) fails to return to prison on or before the expiry
of a period of absence authorised by an absence
permit or fails to comply with a condition or
restriction set out in an absence permit; or
(k) fails to return to prison when no longer required
30 for the purposes of the proceedings to which an
order made under section 85 relates,
".
page 11
Prisons and Sentencing Legislation Amendment Bill 2006
Part 2 Prisons Act 1981 amended
s. 24
(b) by inserting after each of paragraphs (a) to (h) --
" or ".
24. Section 70 amended
Section 70 is amended by deleting "27(5), 85(2), 92(2) or
5 94(6),".
25. Section 74 amended
Section 74(1) is amended by inserting after "Act," --
" and in particular section 74A, ".
26. Section 74A inserted
10 After section 74 the following section is inserted --
"
74A. Charges may be heard and determined by video
link
(1) In this section --
15 "hearing officer" means a superintendent or a visiting
justice;
"video link" means facilities (including closed circuit
television) that enable, at the same time, a
superintendent or visiting justice at one place to
20 see and hear a person at another place and vice
versa.
(2) The hearing officer inquiring into, hearing and
determining a charge of a prison offence may, on the
hearing officer's own initiative or on an application by
25 the prosecutor or the prisoner, direct that the prisoner
and any witnesses appear by video link from a suitable
place in this State.
page 12
Prisons and Sentencing Legislation Amendment Bill 2006
Prisons Act 1981 amended Part 2
s. 27
(3) A direction under subsection (2) is not to be made
unless --
(a) the video link is available or can reasonably be
made available; and
5 (b) the prisoner and the witnesses (if any) are
available or can reasonably be made available
to appear by video link; and
(c) in the opinion of the hearing officer, it is
appropriate for the matter to be dealt with using
10 video link.
(4) The hearing and determining of a prison offence by
video link is to be conducted as if the prisoner and any
witnesses were present before the hearing officer in a
suitable place.
15 (5) More than one video link may be operated under this
section at any one time.
".
27. Section 79 amended
Section 79(1)(b) is amended by deleting ", 27(5), 70(c), 85(2),
20 92(2) or 94(6)" and inserting instead --
" or 70(c) ".
28. Section 80 amended
After section 80(1) the following subsection is inserted --
"
25 (1a) If a punishment is imposed using a video link under
section 74A and the punishment book is not available
for immediate signing, the visiting justice shall sign
and date a statement of the nature of the offence for
which punishment has been imposed, the date of the
30 offence, the name of the offender and the punishment
imposed, and send it to the relevant superintendent for
entry into the punishment book.
".
page 13
Prisons and Sentencing Legislation Amendment Bill 2006
Part 2 Prisons Act 1981 amended
s. 29
29. Section 83 replaced by sections 83, 83A and 83B
Section 83 is repealed and the following sections are inserted
instead --
"
5 83. Permits to be absent from prison
(1) The objectives of this section are --
(a) the rehabilitation of prisoners and the
successful reintegration of prisoners into the
community; and
10 (b) the compassionate or humane treatment of
prisoners and their families; and
(c) the facilitation of the provision of medical or
health services to prisoners; and
(d) the furthering of the interests of justice.
15 (2) Subject to this section and the regulations, the chief
executive officer may give written permission for a
prisoner to be absent from a prison or other facility (an
"absence permit") --
(a) for a period specified in the absence permit;
20 and
(b) for a reason described in the absence permit;
and
(c) subject to any conditions or restrictions set out
in the absence permit.
25 (3) An absence permit may be given --
(a) for a purpose or in circumstances prescribed in
the regulations; or
(b) to deal with circumstances that are, in the chief
executive officer's opinion, exceptional,
30 and not for any other reason.
page 14
Prisons and Sentencing Legislation Amendment Bill 2006
Prisons Act 1981 amended Part 2
s. 29
(4) One absence permit may be given in relation to --
(a) more than one prisoner;
(b) more than one period of absence.
(5) The chief executive officer is not to give an absence
5 permit unless the chief executive officer is satisfied
that the absence will facilitate the achievement of one
or more of the objectives of this section.
(6) The chief executive officer is not to give an absence
permit in relation to a prisoner for the purpose of the
10 prisoner engaging in employment unless the chief
executive officer is satisfied that suitable employment
is available.
(7) When considering --
(a) whether to give an absence permit; and
15 (b) the conditions or restrictions to which an
absence permit is to be subject; and
(c) whether and what arrangements are to be made
for the supervision of a prisoner in relation to
whom an absence permit is to be given,
20 the chief executive officer must take into account the
safety and interests of the public.
83A. Effect of permit
An absence permit has effect despite the sentence,
order or direction under which a prisoner was confined
25 in prison.
83B. Revocation or cancellation of permit
The chief executive officer may at any time revoke,
suspend or vary an absence permit whether or not a
prisoner has failed to comply with a condition or
30 restriction set out in the absence permit.
".
page 15
Prisons and Sentencing Legislation Amendment Bill 2006
Part 2 Prisons Act 1981 amended
s. 30
30. Section 84 amended
Section 84 is amended by deleting "to whom a permit has been
granted under section 83" and inserting instead --
" in relation to whom an absence permit has been given ".
5 31. Sections 85 to 94 replaced by sections 85, 86, 87 and 88
Sections 85 to 94 are repealed and the following sections are
inserted instead --
"
85. Attendance of prisoner at legal or investigative
10 proceedings
(1) If a prisoner is required or entitled to be present at
proceedings of a judicial body --
(a) the judicial body or a person constituting it for
the proceedings; or
15 (b) an officer of the judicial body authorised in
accordance with its procedures; or
(c) a person authorised under the regulations,
may, by written order, direct that the prisoner be
brought up to the place named in the order.
20 (2) If 2 or more people constitute the judicial body for the
proceedings, subsection (1)(a) applies to each of them.
(3) An absence permit is not required if an order has been
made under this section.
(4) In this section --
25 "proceedings" of a judicial body includes anything
done in the performance of the functions of the
judicial body.
page 16
Prisons and Sentencing Legislation Amendment Bill 2006
Prisons Act 1981 amended Part 2
s. 31
86. Consequence of escape or of failure to comply with
absence permit or order
(1) A prisoner in relation to whom an absence permit has
been given who --
5 (a) being in the charge or under the supervision of
an officer or other person, escapes or prepares
or attempts to escape from that charge or
supervision; or
(b) fails to return to prison on or before the expiry
10 of a period of absence authorised by the
absence permit; or
(c) fails to comply with a condition or restriction
set out in the absence permit,
may be dealt with under Part VII.
15 (2) A prisoner in relation to whom an order has been made
under section 85 who --
(a) escapes or prepares or attempts to escape from
the charge of an officer; or
(b) fails to return to prison when no longer required
20 for the purposes of the proceedings to which
the order relates,
may be dealt with under Part VII.
87. Regulations about absences from prison
Without limiting section 110, the regulations may deal
25 with absences from prison generally and, in particular,
may --
(a) provide for purposes for which or
circumstances in which absence permits may be
given and circumstances or cases in which
30 absence permits are not to be given; and
page 17
Prisons and Sentencing Legislation Amendment Bill 2006
Part 2 Prisons Act 1981 amended
s. 31
(b) impose restrictions on the giving of absence
permits --
(i) for prescribed purposes or in prescribed
circumstances; or
5 (ii) in relation to prisoners of prescribed
classes;
and
(c) regulate the duration of the periods for which
absence permits may be given; and
10 (d) provide for circumstances in which and the
extent to which financial contributions,
payments or commitments may be required to
be made by or on behalf of a prisoner in
relation to whom an absence permit is given;
15 and
(e) regulate the conduct, escorting, supervision,
apprehension and return to custody of prisoners
in relation to whom absence permits are given;
and
20 (f) deal with the consequences that being charged
or convicted of a prison offence has for a
prisoner in relation to whom an absence permit
is given; and
(g) provide for procedures to be implemented and
25 precautions to be taken to ensure security in the
case of prisoners released for medical
treatment; and
(h) provide for and authorise the execution of
orders made under section 85 and regulate the
30 conduct, conveyance, escorting, supervision,
confinement, apprehension and return to
custody of prisoners brought up under them.
page 18
Prisons and Sentencing Legislation Amendment Bill 2006
Prisons Act 1981 amended Part 2
s. 32
88. Interstate arrangements
Without limiting section 87 or 110, the regulations
may --
(a) declare a law of another State or a Territory to
5 be a corresponding law for the purposes of the
regulations; and
(b) provide for circumstances in which an absence
permit may be given permitting the prisoner to
travel to and be in another State or a Territory
10 in which a corresponding law is in force; and
(c) regulate the conduct, escorting, supervision,
apprehension and return to custody of persons
subject to detention under the law of another
State or a Territory who have been given leave
15 or permission to be absent under a
corresponding law and are in this State.
".
32. Part IX replaced
Part IX is repealed and the following Part is inserted instead --
20 "
Part IX -- Prisoner wellbeing and rehabilitation
95. Preparation and implementation of activity
programmes
(1) Without limiting the responsibility of the chief
25 executive officer for the welfare of prisoners conferred
by section 7(1), the chief executive officer may arrange
for the provision of services and programmes for the
wellbeing and rehabilitation of prisoners.
(2) In particular, services and programmes may be
30 designed and instituted with the intention of --
page 19
Prisons and Sentencing Legislation Amendment Bill 2006
Part 2 Prisons Act 1981 amended
s. 32
(a) promoting the health and wellbeing of
prisoners; and
(b) enabling prisoners to acquire knowledge and
skills that will assist them to adopt law abiding
5 lifestyles on release; and
(c) assisting prisoners to integrate within the
community on release; and
(d) maintaining and strengthening supportive
family, community and cultural relationships
10 for prisoners; and
(e) providing counselling services and other
assistance to prisoners and their families in
relation to personal and social matters and
problems; and
15 (f) providing opportunities for prisoners to utilise
their time in prison in a constructive and
beneficial manner by means of educational and
occupational training programmes and other
means of self improvement; and
20 (g) providing opportunities for work, leisure
activities, and recreation; and
(h) assisting prisoners to make reparation for the
offences they have committed.
(3) Subject to subsection (4) a prisoner cannot be
25 compelled to use or participate in services or
programmes provided under this section.
(4) As long as a prisoner is medically fit the prisoner may
be required to work.
(5) The chief executive officer is to ensure that, in the
30 provision of services and programmes under this
section, the needs of female prisoners and prisoners
who are Aboriginal people or Torres Strait Islanders
are addressed.
page 20
Prisons and Sentencing Legislation Amendment Bill 2006
Prisons Act 1981 amended Part 2
s. 32
(6) Services and programmes under this section may be
provided inside or outside a prison.
(7) A prisoner may be confined in a facility outside a
prison to facilitate the prisoner being provided with
5 opportunities for work or participation in services or
programmes under this section.
(8) This section does not authorise a prisoner to be absent
from a prison, or facility referred to in subsection (7),
without an absence permit.
10 95A. Medical care of prisoners
(1) The chief executive officer is to ensure that medical
care and treatment is provided to the prisoners in each
prison.
(2) Subject to subsection (3), a prisoner may be attended
15 upon and examined by a medical practitioner other
than a medical officer only with the prior approval of
the superintendent or a medical officer and with the
prior approval also of the chief executive officer and
for the purpose of providing to a medical officer an
20 opinion on the medical condition of and the treatment
recommended for the prisoner.
(3) The superintendent may, after consultation with the
medical officer who is responsible for the medical care
and treatment of the prisoner concerned, permit the
25 prisoner to be attended upon and examined by a
medical practitioner --
(a) for official purposes affecting that prisoner; or
(b) for the purposes of the proceedings or pending
proceedings of a judicial body; or
30 (c) to facilitate the consideration or pursuance of
any claim for compensation, damages,
insurance, or other benefit by or in respect of
the prisoner; or
page 21
Prisons and Sentencing Legislation Amendment Bill 2006
Part 2 Prisons Act 1981 amended
s. 32
(d) for any other purpose or proceeding which the
superintendent and the chief executive officer
are satisfied is bona fide and necessary or
desirable.
5 95B. Duties of medical officers
A medical officer shall --
(a) attend at a prison at such times and on such
occasions as are specified in the terms of the
medical officer's appointment or engagement;
10 and
(b) on the request of the chief executive officer,
examine a prisoner as soon as practicable after
the prisoner's admission to prison and ascertain
and record the prisoner's state of health and any
15 other circumstance connected with the
prisoner's health, as the medical officer
considers necessary; and
(c) maintain a record of the medical condition and
the course of treatment prescribed in respect of
20 each prisoner under the medical officer's care;
and
(d) make such returns and reports to the chief
executive officer as the chief executive officer
may from time to time direct; and
25 (e) make records referred to in paragraphs (b)
and (c) relating to a prisoner available, upon
request, to the chief executive officer; and
(f) on the request of the chief executive officer,
give close medical supervision to a prisoner in
30 separate confinement; and
(g) on the request of the chief executive officer,
examine and treat a prisoner who requires
medical care and treatment; and
page 22
Prisons and Sentencing Legislation Amendment Bill 2006
Prisons Act 1981 amended Part 2
s. 32
(h) on the request of the chief executive officer or a
superintendent, examine a prisoner.
95C. Health inspection of prisons
(1) In this section --
5 "ED, PH" means the Executive Director, Public
Health of the department principally assisting the
Minister administering the Health Act 1911.
(2) The ED, PH is to cause the health and hygiene
standards and conditions at every prison to be
10 inspected from time to time.
(3) Following the inspection of a prison under
subsection (2) the ED, PH is to report in writing to the
chief executive officer any matter concerned with
health and hygiene standards and conditions at the
15 prison which, in the opinion of the ED, PH, requires
attention.
95D. Power of medical examination and treatment
If a prisoner --
(a) refuses to undergo a medical examination by a
20 medical officer upon admission to a prison; or
(b) refuses to undergo a medical examination by a
medical officer required by the chief executive
officer or the superintendent; or
(c) refuses to undergo a medical examination
25 which a medical officer considers necessary; or
(d) refuses to undergo medical treatment and a
medical officer is of the opinion that the life or
health of the prisoner or any other person is
likely to be endangered by that refusal,
30 the medical officer and any person acting in good faith
may, under the direction of the medical officer, make
page 23
Prisons and Sentencing Legislation Amendment Bill 2006
Part 2 Prisons Act 1981 amended
s. 33
the medical examination or administer the medical
treatment and use force to the extent that is reasonably
necessary for the purpose.
95E. Practice of religion or spiritual beliefs by prisoners
5 Subject only to any restrictions that the chief executive
officer imposes for the security, good order and
management of the prison and the prisoners, a prisoner
may --
(a) engage in practices in observance of the
10 prisoner's religious or spiritual beliefs; and
(b) receive religious or spiritual guidance and visits
for that purpose from a person approved by the
chief executive officer being a recognised
religious or spiritual adviser or other
15 responsible person with similar religious or
spiritual beliefs to those of the prisoner.
".
33. Section 107 amended
(1) Section 107(1)(a) is amended by deleting "Governor" and
20 inserting instead --
" Minister ".
(2) After section 107(3) the following subsection is inserted --
"
(4) The person who was the chairman of the Appeal
25 Tribunal immediately before the coming into operation
of section 33 of the Prisons and Sentencing Legislation
Amendment Act 2006 continues in office as if the
person had been appointed by the Minister.
".
page 24
Prisons and Sentencing Legislation Amendment Bill 2006
Prisons Act 1981 amended Part 2
s. 34
34. Section 110 amended
Section 110(1) is amended as follows:
(a) by deleting paragraph (t);
(b) by inserting after each of paragraphs (a) to (sa), (u)
5 and (v) --
" and ".
35. Sections 112 to 113C inserted
After section 111 the following sections are inserted --
"
10 112. Community safety information
The chief executive officer may disclose to the public
information about a person who is a prisoner or has
escaped from lawful custody if the chief executive
officer is of the opinion that it is necessary to do so for
15 the safety of the community.
113. Exchange of information
(1) In this section --
"contractor" has the meaning given to that term in
section 3 of the Court Security and Custodial
20 Services Act 1999;
"public authority" means --
(a) a department of the Public Service; or
(b) a State agency or instrumentality; or
(c) a court or tribunal to the extent that it is an
25 agency for the purposes of the Freedom of
Information Act 1992; or
(d) a body, whether corporate or unincorporate,
or the holder of an office, post or position,
established or continued for a public purpose
30 under a written law;
page 25
Prisons and Sentencing Legislation Amendment Bill 2006
Part 2 Prisons Act 1981 amended
s. 35
"relevant information" means information that, in the
opinion of the chief executive officer, is, or is
likely to be, relevant to --
(a) the management of a prisoner; or
5 (b) the performance of a function under this Act
or the Bail Act 1982;
"research" means research to promote the
development of criminology or corrective services;
"service provider" means --
10 (a) an individual or organisation mentioned in
section 7(2a); or
(b) an individual or organisation involved in
providing support services to a prisoner or
the family of a prisoner.
15 (2) The chief executive officer may disclose relevant
information to a public authority, service provider or
contractor.
(3) The chief executive officer may request a public
authority, service provider or contractor that holds
20 relevant information to disclose the information to the
chief executive officer.
(4) A request under subsection (3) --
(a) may relate to particular information or
information of a particular kind; and
25 (b) may relate to information that may be held
from time to time.
(5) A public authority, service provider or contractor may
disclose information in compliance with a request
under subsection (3).
30 (6) The chief executive officer may disclose information
regarding prisoners or persons who have been prisoners
to a public authority or other body for use in research.
page 26
Prisons and Sentencing Legislation Amendment Bill 2006
Prisons Act 1981 amended Part 2
s. 35
(7) A public authority, service provider, contractor or other
body may disclose information regarding prisoners or
persons who have been prisoners to the chief executive
officer for use in research.
5 (8) The chief executive officer must establish procedures
for the disclosure of information under subsection (2)
or (6).
(9) The regulations may include provisions about --
(a) the receipt and storage of information disclosed
10 under this section; and
(b) the restriction of access to such information.
113A. Disclosure to external agencies
(1) The Minister may, from time to time, approve
circumstances in which, or purposes for which,
15 information relating to a prisoner or a person who has
been a prisoner may be disclosed by the chief executive
officer to a person or class of persons in another
Commonwealth, State, Territory or overseas
government department or agency.
20 (2) The chief executive officer may disclose information as
approved under subsection (1).
113B. Disclosure to victims
(1) In this section --
"victim" of a prisoner means --
25 (a) a person who has suffered injury, loss or
damage as a direct result of an offence for
which the prisoner is in custody, whether or
not that injury, loss or damage was
reasonably foreseeable by the prisoner; or
page 27
Prisons and Sentencing Legislation Amendment Bill 2006
Part 2 Prisons Act 1981 amended
s. 35
(b) where an offence for which the prisoner is in
custody resulted in a death, any member of
the immediate family of the deceased.
(2) The chief executive officer may disclose information of
5 a prescribed kind regarding a prisoner to a victim of the
prisoner or a person acting on a victim's behalf.
113C. Disclosure authorised
(1) Information may be disclosed under section 112, 113,
113A or 113B despite any written law relating to
10 confidentiality or secrecy.
(2) If information is disclosed, in good faith, under
section 112, 113, 113A or 113B --
(a) no civil or criminal liability is incurred in
respect of the disclosure; and
15 (b) the disclosure is not to be regarded as a breach
of any duty of confidentiality or secrecy
imposed by law; and
(c) the disclosure is not to be regarded as a breach
of professional ethics or standards or as
20 unprofessional conduct.
".
page 28
Prisons and Sentencing Legislation Amendment Bill 2006
Sentence Administration Act 2003 amended Part 3
s. 36
Part 3 -- Sentence Administration Act 2003 amended
36. The Act amended in this Part
The amendments in this Part are to the Sentence Administration
Act 2003*.
5 [* Act No. 49 of 2003.
For subsequent amendments see Western Australian
Legislation Information Tables for 2005, Table 1, p. 409-10.]
37. Section 4 amended
(1) Section 4(2) is amended as follows:
10 (a) by deleting the definition of "department";
(b) by inserting in the appropriate alphabetical position --
"
"CEO" means the chief executive officer of the Public
Sector agency principally assisting the Minister
15 administering Part 8 in its administration;
".
(2) Section 4(3) is amended by deleting the abbreviation "CEO".
38. Section 92 amended
Section 92 is amended as follows:
20 (a) by deleting "department prepared" and inserting
instead --
"
Public Sector agency of which the CEO is the chief
executive officer prepared
25 ";
(b) by deleting "department under" and inserting instead --
" agency under ".
page 29
Prisons and Sentencing Legislation Amendment Bill 2006
Part 3 Sentence Administration Act 2003 amended
s. 39
39. Section 94 amended
After section 94(4) the following subsection is inserted --
"
(5) The CEO may --
5 (a) consult and collaborate with; and
(b) make use of the assistance of,
any individual or organisation in any way that the CEO
considers expedient for the purpose of the performance
of a function under this Act, the Sentencing Act 1995,
10 the Fines, Penalties and Infringement Notices
Enforcement Act 1994, or the Bail Act 1982.
".
40. Sections 97A to 97E inserted
After section 97 the following sections are inserted in Part 8
15 Division 1 --
"
97A. Community safety information
The CEO may disclose information about an offender
to the public if the CEO is of the opinion that it is
20 necessary to do so for the safety of the community.
97B. Exchange of information
(1) In this section --
"contractor" has the meaning given to that term in
section 3 of the Court Security and Custodial
25 Services Act 1999;
"public authority" means --
(a) a department of the Public Service; or
(b) a State agency or instrumentality; or
page 30
Prisons and Sentencing Legislation Amendment Bill 2006
Sentence Administration Act 2003 amended Part 3
s. 40
(c) a court or tribunal to the extent that it is an
agency for the purposes of the Freedom of
Information Act 1992; or
(d) a body, whether corporate or unincorporate,
5 or the holder of an office, post or position,
established or continued for a public purpose
under a written law;
"relevant information" means information that, in the
opinion of the CEO, is, or is likely to be, relevant
10 to --
(a) the management of an offender; or
(b) the performance of a function under this Act,
the Sentencing Act 1995, the Fines, Penalties
and Infringement Notices Enforcement
15 Act 1994, or the Bail Act 1982;
"research" means research to promote the
development of criminology or corrective services;
"service provider" means --
(a) an individual or organisation mentioned in
20 section 94(5); or
(b) an individual or organisation involved in
providing support services to an offender or
the family of an offender.
(2) The CEO may disclose relevant information to a public
25 authority, service provider or contractor.
(3) The CEO may request a public authority, service
provider or contractor that holds relevant information
to disclose the information to the CEO.
(4) A request under subsection (3) --
30 (a) may relate to particular information or
information of a particular kind; and
(b) may relate to information that may be held
from time to time.
page 31
Prisons and Sentencing Legislation Amendment Bill 2006
Part 3 Sentence Administration Act 2003 amended
s. 40
(5) A public authority, service provider or contractor may
disclose information in compliance with a request
under subsection (3).
(6) The CEO may disclose information regarding
5 offenders to a public authority or other body for use in
research.
(7) A public authority, service provider, contractor or other
body may disclose information regarding offenders to
the CEO for use in research.
10 (8) The CEO must establish procedures for the disclosure
of information under subsection (2) or (6).
(9) The regulations may include provisions about --
(a) the receipt and storage of information disclosed
under this section; and
15 (b) the restriction of access to such information.
97C. Disclosure to external agencies
(1) The Minister may, from time to time, approve
circumstances in which, or purposes for which,
information relating to an offender may be disclosed by
20 the CEO to a person or class of persons in another
Commonwealth, State, Territory or overseas
government department or agency.
(2) The CEO may disclose information as approved under
subsection (1).
25 97D. Disclosure to victims
(1) In this section --
"victim" of an offender means --
(a) a person who has suffered injury, loss or
damage as a direct result of an offence
30 committed by the offender, whether or not
page 32
Prisons and Sentencing Legislation Amendment Bill 2006
Sentence Administration Act 2003 amended Part 3
s. 41
that injury, loss or damage was reasonably
foreseeable by the offender; or
(b) where an offence committed by the offender
resulted in a death, any member of the
5 immediate family of the deceased.
(2) The CEO may disclose information of a prescribed
kind regarding an offender to a victim of the offender
or a person acting on a victim's behalf.
97E. Disclosure authorised
10 (1) Information may be disclosed under section 97A, 97B,
97C or 97D despite any written law relating to
confidentiality or secrecy.
(2) If information is disclosed, in good faith, under
section 97A, 97B, 97C or 97D --
15 (a) no civil or criminal liability is incurred in
respect of the disclosure; and
(b) the disclosure is not to be regarded as a breach
of any duty of confidentiality or secrecy
imposed by law; and
20 (c) the disclosure is not to be regarded as a breach
of professional ethics or standards or as
unprofessional conduct.
".
41. Section 98A inserted
25 After section 98 the following section is inserted --
"
98A. Duties of CCOs
A CCO must comply with this Act and any other
written law conferring functions on CCOs and with the
30 orders and directions of the CEO.
".
page 33
Prisons and Sentencing Legislation Amendment Bill 2006
Part 3 Sentence Administration Act 2003 amended
s. 42
42. Section 119 amended
Section 119(1)(c) is amended by deleting "from time to time"
and inserting instead --
" , or of a kind approved, ".
5 43. References to supervisors amended
(1) The provisions listed in the Table to this section are amended by
deleting "supervisor" in each place where it occurs and inserting
instead --
" manager ".
10 Table
s. 76(3)(a)(i), (3)(b)(i) and (4)(b) s. 89(1), (2), (3) and (4)
s. 77 s. 90(1), (2) and (3)
s. 87(1), (2), (3), (4), (5) and (6) s. 91(1), (3) and (4)
s. 88(1)(a), (1)(c), (4) and (5)
Note: The heading to section 87 is to be altered by deleting "Supervisors"
and inserting instead "Managers".
(2) Sections 89(3)(b) and (4)(d) and 90(4) are amended by deleting
"supervisor's" and inserting instead --
15 " manager's ".
page 34
Prisons and Sentencing Legislation Amendment Bill 2006
Sentencing Act 1995 amended Part 4
s. 44
Part 4 -- Sentencing Act 1995 amended
44. The Act amended in this Part
The amendments in this Part are to the Sentencing Act 1995*.
[* Reprint 4 as at 12 August 2005.
5 For subsequent amendments see Western Australian
Legislation Information Tables for 2005, Table 1, p. 412.]
45. Section 4 amended
(1) Section 4(1) is amended as follows:
(a) by inserting in the appropriate alphabetical position --
10 "
"CEO (corrections)" means the chief executive
officer of the Public Sector agency principally
assisting the Minister administering Part 8 of the
Sentence Administration Act 2003 in its
15 administration;
";
(b) in the definition of "community work" by deleting
"CEO;" and inserting instead --
" CEO (corrections); ".
20 (2) Section 4(2) is amended by deleting the abbreviation "CEO".
46. Section 22 amended
After section 22(4) the following subsection is inserted --
"
(4a) The CEO (corrections) may use the information in a
25 pre-sentence report to assist with the management of
the convicted or sentenced offender to whom the report
relates.
".
page 35
Prisons and Sentencing Legislation Amendment Bill 2006
Part 4 Sentencing Act 1995 amended
s. 47
47. Section 33N amended
Section 33N(3) is amended by deleting all of the subsection
after "33H(3) and (5)" and inserting instead --
"
5 , 75(3) and (5) and 84C(3) and (5), amend any curfew
requirement in the PSO by extending its term by not
more than one month at a time or add a curfew
requirement the term of which is not more than one
month.
10 ".
48. Section 148 amended
Section 148(2) is amended by deleting "CEO" and inserting
instead --
" chief executive officer ".
15 49. References to "CEO" changed to "CEO (corrections)"
Each provision in the Table to this section is amended by
inserting after "CEO" in each place where it occurs --
" (corrections) ".
Table
s. 22(1) and (4) s. 33Q(5) s. 83(1)(c)
s. 23(4) s. 63(c) s. 84C(15)
s. 29 s. 67(2)(c) s. 84J(2)(a)
s. 33D(c) s. 70(c) s. 84M(4) and (5)
s. 33H(15) s. 74(2)(c) s. 129(3)(a) and (b)
s. 33I(5) s. 75(15) s. 131(2)(a) and (b)
s. 33P(1) s. 79(3) s. 134(5) and (6)
page 36
Prisons and Sentencing Legislation Amendment Bill 2006
Bail Act 1982 amended Part 5
s. 50
Part 5 -- Bail Act 1982 amended
50. The Act amended in this Part
The amendments in this Part are to the Bail Act 1982*.
[* Reprint 5 as at 1 April 2005.
5 For subsequent amendments see Western Australian
Legislation Information Tables for 2005, Table 1, p. 32 and
Acts Nos. 34 of 2004 and 38 of 2005.]
51. Section 3 amended
Section 3(1) is amended as follows:
10 (a) by deleting the definition of "CEO (Justice)";
(b) by inserting in the appropriate alphabetical position --
"
"CEO (corrections)" means the chief executive
officer of the Public Sector agency principally
15 assisting the Minister administering Part 8 of the
Sentence Administration Act 2003 in its
administration;
";
(c) in paragraph (a) of the definition of "authorised
20 community services officer" by deleting "CEO
(Justice)" in each place where it occurs and inserting
instead --
" CEO (corrections) ".
52. Section 66A amended
25 Section 66A(2) is amended as follows:
(a) by inserting after "detention centre" --
" under the Young Offenders Act 1994 ";
page 37
Prisons and Sentencing Legislation Amendment Bill 2006
Part 5 Bail Act 1982 amended
s. 53
(b) by deleting "department of which the CEO (Justice) is
the chief executive officer" and inserting instead --
"
Public Sector agency principally assisting the
5 Minister administering that Act in its
administration
".
53. References to "CEO (Justice)" changed to "CEO
(corrections)"
10 Each provision in the Table to this section is amended by
deleting "(Justice)" in each place where it occurs and inserting
instead --
" (corrections) ".
Table
s. 3(5) s. 50E
s. 24A(4) s. 50F(1), (3), (4) and (5)
s. 27A s. 50H
s. 50A s. 50J
s. 50C(4)(a) and (b) s. 50L(1)
s. 50D(1)(a) Schedule 1 Part D clause 3(3)(e)
15 Note: The headings to sections 50A, 50E, 50F and 50J are to be altered by
deleting "(Justice)" and inserting instead "(corrections)".
page 38
Prisons and Sentencing Legislation Amendment Bill 2006
Children's Court of Western Australia Act 1988 amended Part 6
s. 54
Part 6 -- Children's Court of Western Australia
Act 1988 amended
54. The Act amended in this Part
The amendments in this Part are to the Children's Court of
5 Western Australia Act 1988*.
[* Reprint 3 as at 10 September 2004.
For subsequent amendments see Western Australian
Legislation Information Tables for 2005, Table 1, p. 62 and
Act No. 34 of 2004.]
10 55. Section 3 amended
Section 3(1) is amended as follows:
(a) by inserting in the appropriate alphabetical positions --
"
"CEO (young offenders)" means the chief executive
15 officer of the young offenders agency;
"young offenders agency" means the Public Sector
agency principally assisting the Minister
administering the Young Offenders Act 1994 in its
administration.
20 ";
(b) in the definition of "registrar" by deleting "place." and
inserting instead --
" place; ";
(c) by deleting the definitions of "CEO" and "Department".
25 56. Section 28 amended
Section 28(2)(a) is amended by deleting "the CEO or" and
inserting instead --
" the CEO (young offenders) or ".
page 39
Prisons and Sentencing Legislation Amendment Bill 2006
Part 6 Children's Court of Western Australia Act 1988 amended
s. 57
57. Section 33 amended
Section 33(1) is amended in the definition of "prescribed
officer" by deleting paragraph (a) and "or" after it and inserting
instead --
5 "
(a) the CEO (young offenders) or an officer of
the young offenders agency who is
authorised by that CEO; or
".
10 58. Section 40 amended
Section 40(2)(b) is amended by inserting after "CEO" --
" (young offenders) ".
page 40
Prisons and Sentencing Legislation Amendment Bill 2006
Criminal Law (Mentally Impaired Accused) Act 1996 amended Part 7
s. 59
Part 7 -- Criminal Law (Mentally Impaired Accused)
Act 1996 amended
59. The Act amended in this Part
The amendments in this Part are to the Criminal Law (Mentally
5 Impaired Accused) Act 1996*.
[* Reprint 2 as at 12 August 2005.]
60. Section 32 amended
Section 32(2) is amended by deleting "accused." and inserting
instead --
10 "
accused unless the reason for the absence is --
(a) the facilitation of the provision of medical or
health services to the accused; or
(b) the furthering of the interests of justice.
15 ".
page 41
Prisons and Sentencing Legislation Amendment Bill 2006
Part 8 Fines, Penalties and Infringement Notices Enforcement Act
1994 amended
s. 61
Part 8 -- Fines, Penalties and Infringement Notices
Enforcement Act 1994 amended
61. The Act amended in this Part
The amendments in this Part are to the Fines, Penalties and
5 Infringement Notices Enforcement Act 1994*.
[* Reprint 3 as at 9 December 2005.]
62. Section 3 amended
(1) Section 3(1) is amended by inserting in the appropriate
alphabetical position --
10 "
"CEO (corrections)" means the chief executive
officer of the Public Sector agency principally
assisting the Minister administering Part 8 of the
Sentence Administration Act 2003 in its
15 administration;
".
(2) Section 3(2) is repealed.
63. Section 28 amended
Section 28(1) is amended in the definition of "court officer" by
20 deleting "CEO" and inserting instead --
" chief executive officer ".
64. References to "CEO" changed to "CEO (corrections)"
Sections 48(1), (2), and (2a), 52(1) and 103 are amended by
inserting after "CEO" in each place where it occurs --
25 " (corrections) ".
page 42
Prisons and Sentencing Legislation Amendment Bill 2006
Juries Act 1957 amended Part 9
s. 65
Part 9 -- Juries Act 1957 amended
65. The Act amended in this Part
The amendments in this Part are to the Juries Act 1957*.
[* Reprint 4 as at 2 September 2005.
5 For subsequent amendments see Western Australian
Legislation Information Tables for 2005, Table 1, p. 237 and
Act No. 34 of 2004.]
66. Second Schedule amended
The Second Schedule Part I clause 2 is amended as follows:
10 (a) by deleting paragraph (i);
(b) in paragraph (n) by deleting "1994." and inserting
instead --
" 1994; ";
(c) by inserting after paragraph (n) --
15 "
(o) person who --
(i) is an officer or employee of an agency as
defined in section 3(1) of the Public Sector
Management Act 1994; or
20 (ii) provides services to such an agency under a
contract for services; or
(iii) is a contract worker as defined in section 3
of the Court Security and Custodial
Services Act 1999 or section 15A of the
25 Prisons Act 1981,
being a person prescribed or of a class prescribed by
regulations.
".
page 43
Prisons and Sentencing Legislation Amendment Bill 2006
Part 10 Restraining Orders Act 1997 amended
s. 67
Part 10 -- Restraining Orders Act 1997 amended
67. The Act amended in this Part
The amendments in this Part are to the Restraining Orders
Act 1997*.
5 [* Reprinted as at 6 October 2000.
For subsequent amendments see Western Australian
Legislation Information Tables for 2005, Table 1, p. 387 and
Act No. 34 of 2004.]
68. Section 70A amended
10 Section 70A(1) is amended in the definition of "interested
party" by deleting paragraph (b) and "or" after it and inserting
instead --
"
or
15 (b) the chief executive officer of the Public
Sector agency principally assisting the
Minister in the administration of this Act; or
(ba) the chief executive officer of the Public
Sector agency principally assisting the
20 Minister administering Part 8 of the Sentence
Administration Act 2003 in its
administration; or
".
page 44
Prisons and Sentencing Legislation Amendment Bill 2006
Spent Convictions Act 1988 amended Part 11
s. 69
Part 11 -- Spent Convictions Act 1988 amended
69. The Act amended in this Part
The amendments in this Part are to the Spent Convictions
Act 1988*.
5 [* Reprint 4 as at 8 July 2005.
For subsequent amendments see Western Australian
Legislation Information Tables for 2005, Table 1, p. 421.]
70. Schedule 3 amended
Schedule 3 clause 1(1) item 10 is amended by deleting
10 "Community and Juvenile Justice Division or the Prisons
Division of the Department of Justice" and inserting instead --
" Department of Corrective Services ".
page 45
Prisons and Sentencing Legislation Amendment Bill 2006
Part 12 Victims of Crime Act 1994 amended
s. 71
Part 12 -- Victims of Crime Act 1994 amended
71. The Act amended in this Part
The amendments in this Part are to the Victims of Crime
Act 1994*.
5 [* Reprint 1 as at 4 March 2005.]
72. Section 4 amended
(1) Section 4(1) is amended as follows:
(a) by inserting in the appropriate alphabetical positions --
"
10 "agency" means the Public Sector agency principally
assisting the Minister administering a relevant
enactment in its administration;
"relevant enactment" means any provision of this
Act, the Prisons Act 1981 or the Sentence
15 Administration Act 2003.
";
(b) by deleting the definition of "Department";
(c) in paragraph (g) of the definition of "prescribed
information" by deleting "regulations." and inserting
20 instead --
" regulations; ".
(2) Section 4(2) and (3) are repealed and the following subsections
are inserted instead --
"
25 (2) The Commissioner of Police may provide the chief
executive officer of an agency with prescribed
information in relation to a victim so that the agency
can offer the victim the services it has available for
victims.
page 46
Prisons and Sentencing Legislation Amendment Bill 2006
Victims of Crime Act 1994 amended Part 12
s. 73
(3) The DPP may provide the chief executive officer of an
agency with such information in relation to a victim as
the DPP thinks fit so that the agency can offer the
victim the services it has available for victims.
5 ".
(3) Section 4(6) is amended by deleting "the Department" and
inserting instead --
" an agency ".
73. Section 5 inserted
10 After section 4 the following section is inserted --
"
5. Regulations
The Governor may make regulations prescribing all
matters that are required or permitted by this Act to be
15 prescribed, or are necessary or convenient to be
prescribed, for carrying out or giving effect to the
purposes of this Act.
".
page 47
Prisons and Sentencing Legislation Amendment Bill 2006
Part 13 Young Offenders Act 1994 amended
s. 74
Part 13 -- Young Offenders Act 1994 amended
74. The Act amended in this Part
The amendments in this Part are to the Young Offenders
Act 1994*.
5 [* Reprint 3 as at 15 July 2005.
For subsequent amendments see Western Australian
Legislation Information Tables for 2005, Table 1, p. 515 and
Act No. 34 of 2004.]
75. Section 12 amended
10 (1) Section 12(1) is amended by deleting "Governor" and inserting
instead --
" Minister ".
(2) After section 12(1) the following subsection is inserted --
"
15 (1a) A facility that is a Departmental or subsidised facility
immediately before the coming into operation of
section 75 of the Prisons and Sentencing Legislation
Amendment Act 2006 continues as a Departmental or
subsidised facility as if the Minister had made the
20 order under subsection (1) declaring it to be such a
facility.
".
(3) Section 12(2) is amended by deleting "Governor" and inserting
instead --
25 " Minister ".
page 48
Prisons and Sentencing Legislation Amendment Bill 2006
Young Offenders Act 1994 amended Part 13
s. 76
76. Section 15A amended
(1) Section 15A(1) is amended as follows:
(a) by deleting "Director-General of the Department" and
inserting instead --
5 " CEO (child welfare) ";
(b) by deleting "Director-General with" and inserting
instead --
" CEO (child welfare) with ";
(c) in paragraphs (c), (d) and (e) by deleting "Department"
10 in each place where it occurs and inserting instead --
" welfare agency ";
(d) in paragraph (e) by deleting "Director-General" and
inserting instead --
" CEO (child welfare) ".
15 (2) Section 15A(2) is repealed and the following subsection is
inserted instead --
"
(2) In subsection (1) --
"CEO (child welfare)" means the chief executive
20 officer of the welfare agency;
"welfare agency" means the Public Sector agency
principally assisting the Minister administering the
Children and Community Services Act 2004 in its
administration.
25 ".
(3) Section 15A(5)(b)(i) is amended by deleting "supervisor" and
inserting instead --
" manager ".
page 49
Prisons and Sentencing Legislation Amendment Bill 2006
Part 13 Young Offenders Act 1994 amended
s. 77
77. Section 16 replaced by sections 16 and 16A
Section 16 is repealed and the following sections are inserted
instead --
"
5 16. Exchange of information
(1) In this section --
"contractor" has the meaning given to that term in
section 3 of the Court Security and Custodial
Services Act 1999;
10 "public authority" means --
(a) a department of the Public Service; or
(b) a State agency or instrumentality; or
(c) a court or tribunal to the extent that it is an
agency for the purposes of the Freedom of
15 Information Act 1992; or
(d) a body, whether corporate or unincorporate,
or the holder of an office, post or position,
established or continued for a public purpose
under a written law;
20 "relevant information" means information that, in the
opinion of the chief executive officer, is, or is
likely to be, relevant to the administration of this
Act;
"research" means research to promote the
25 development of juvenile justice services.
(2) The chief executive officer may request a public
authority or contractor that holds relevant information
to disclose the information to the chief executive
officer.
page 50
Prisons and Sentencing Legislation Amendment Bill 2006
Young Offenders Act 1994 amended Part 13
s. 77
(3) A request under subsection (2) --
(a) may relate to particular information or
information of a particular kind; and
(b) may relate to information that may be held
5 from time to time.
(4) A public authority or contractor may disclose
information in compliance with a request under
subsection (2).
(5) The chief executive officer may disclose information
10 regarding --
(a) young persons who have committed offences;
or
(b) detainees or persons who have been detainees,
to a public authority or other body for use in research.
15 (6) A public authority, contractor or other body may
disclose information regarding --
(a) young persons who have committed offences;
or
(b) detainees or persons who have been detainees,
20 to the chief executive officer for use in research.
(7) The chief executive officer must establish procedures
for the disclosure of information under subsection (5).
(8) The regulations may include provisions about --
(a) the receipt and storage of information disclosed
25 under this section; and
(b) the restriction of access to such information.
page 51
Prisons and Sentencing Legislation Amendment Bill 2006
Part 13 Young Offenders Act 1994 amended
s. 78
16A. Disclosure authorised
(1) Information may be disclosed under section 15 or 16
despite any written law relating to confidentiality or
secrecy.
5 (2) If information is disclosed, in good faith, under
section 15 or 16 --
(a) no civil or criminal liability, or liability to be
punished for a contempt of court, is incurred in
respect of the disclosure; and
10 (b) the disclosure is not to be regarded as a breach
of any duty of confidentiality or secrecy
imposed by law; and
(c) the disclosure is not to be regarded as a breach
of professional ethics or standards or as
15 unprofessional conduct.
".
78. Section 151 amended
Section 151(3) is repealed and the following subsections are
inserted instead --
20 "
(3) A person is to be appointed as the secretary of the
Board.
(4) The secretary and any other staff of the Board are to be
appointed under Part 3 of the Public Sector
25 Management Act 1994.
".
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