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PRISONS ACT 1981
TABLE OF PROVISIONS
Long Title
PART I -- Preliminary
1. Short title
2. Commencement
3. Terms used
PART II -- Establishment of prisons
4. Existing prisons continued
5. Orders for prisons
PART III -- Officers
6. Appointment of officers
7. Powers and duties of chief executive officer
8. Delegation by chief executive officer
9. Chief executive officer may set up inquiry
10. Failure to supply information to inquiry
11. Application of Financial Management Act 2006 and Auditor General Act 2006
12. Duties of officers
13. Engagement of prison officers
14. Powers and duties of prison officers
15. Assistance by police officers
PART IIIA -- Contracts for prison services
Division 1 -- Preliminary
15A. Terms used
Division 2 -- Matters relating to contracts generally
15B. Contracts for prison services
15C. Minimum matters to be included in contracts
15D. Minimum standards
15DA. Penalty for breach
15E. Minister, chief executive officer etc. may have access to certain prisons, persons, vehicles and documents
15F. Administrators and reporting officers may have access to certain prisons, persons, vehicles and documents
15G. Annual reports and tabling of contracts
15H. No contracting out
Division 3 -- Authorisation of contract workers to perform functions
15I. Contract workers’ functions
15J. Limitation on functions of contract workers
15K. Effect of authorisation
Division 4 -- Vetting and control of contract workers in relation to high-level security work
15L. Term used: offence for which the contract worker is convicted
15M. High-level security work
15N. Chief executive officer may declare other kinds of work to be high-level security work
15O. Contract workers require permits to do high-level security work
15P. Issue of permits to do high-level security work
15Q. Information about applicants for permits
15R. Taking of fingerprints and palmprints
15S. Refusal to issue permit
15T. Determining suitability of contract workers to keep holding permits
15U. Suspension or revocation of permits
15V. Gazettal of permit details
Division 5 -- Intervention in, and termination of, contracts
15W. Intervention in contracts
15X. Termination or suspension of contracts
15Y. Administrator where intervention in contract
15Z. Administrator where termination or suspension of contract
15ZA. Administrator’s functions
15ZB. Compliance with administrator’s directions
15ZC. Requisitioning property on intervention in, or termination of, contract
PART IV -- Custody, removal and release of prisoners
16. Prisoners in custody of chief executive officer
17. Reckoning of sentence
18. Conveyance of prisoners for trial etc.
19. Warrants of commitment
20. Proof of imprisonment
23. Prisoner assigned to external facility in lawful custody
24. Prisoner absent under permit in lawful custody
25. Prisoner attending legal or investigative proceedings in lawful custody
26. Removal of prisoner to another prison
31. Chief executive officer and superintendent’s powers of early discharge
32. Prison offences by prisoners due for release
33. Provision of fare home on release
PART V -- Management, control and security of prisons
35. Chief executive officer may make rules
36. Superintendents of prisons
37. Superintendent may issue standing orders
41. Search of prisoners and taking of things found
42. Restraint
43. Separate confinement
44. Separation of male and female prisoners
46. Medical examination for evidentiary purposes
46A. Inspection of medical records and mandatory taking of blood or other body sample where prison officer may have been exposed to infectious disease
46B. Review of s. 46A
47. Use of firearms
48. Use of force on serious breach of security
49. Power to search and question persons entering prison
49A. Use of dogs
49B. Possession of firearms, prohibited drugs etc. by prison officers
50. Penalty in respect of unauthorised articles
51. Superintendent may delegate powers under s.
52. Offences in respect of loitering, unauthorised entry and unauthorised communications
PART VI -- Prison visits and communications involving prisoners
54. Appointment of visiting justices
56. Duties of visiting justice
57. Right of entry of independent prison visitors and judges
58. Cooperation with official visitors
59. Visits by friends and relations of prisoners
60. Declaration of visitors
60A. Protection of proof of identity of visitor to prison
61. Visits by certain officials
62. Visits by legal practitioner
63. Visits by police
64. Visits by public officers
65. Other visitors to prisoners
66. Visitor may be refused entry or removed
67. Letters and parcels from by prisoners
67A. Prisoner’s mail not to be sent to certain persons
68. Letters and parcels addressed to prisoners
PART VII -- Prison offences
69. Minor prison offences
70. Aggravated prison offences
71. Charges of prison offences
72. Visiting justice may determine minor prison offences
73. Visiting justice and aggravated prison offences
74. Hearing of charges
74A. Charges may be heard and determined by video link
75. Procedure for hearing charges of minor prison offences
76. Prisoner not to be legally represented
77. Imposition of penalties by superintendent
78. Imposition of penalties by visiting justice
79. Imposition of penalties by court of summary jurisdiction
80. Punishment book
81. Reports of punishments under s. 79 to chief executive officer
82. Punishment by confinement
PART VIII -- Authorised absences from prison
83. Permits to be absent from prison
83A. Effect of permit
83B. Revocation or cancellation of permit
84. Breach of condition of permit
85. Attendance of prisoner at legal or investigative proceedings
86. Consequence of escape or of failure to comply with absence permit or order
87. Regulations about absences from prison
88. Interstate arrangements
PART IX -- Prisoner wellbeing and rehabilitation
95. Preparation and implementation of activity programmes
95A. Medical care of prisoners
95B. Duties of medical officers
95C. Health inspection of prisons
95D. Power of medical examination and treatment
95E. Practice of religion or spiritual beliefs by prisoners
PART X -- Discipline of prison officers
Division 1 -- Preliminary
96. Term used: prison officer
Division 2 -- General discipline
97. Regulations, rules to be strictly observed
98. Application of Public Sector Management Act 1994 PART
Division 3 -- Removal of prison officers due to loss of confidence
Subdivision 1 -- Preliminary
99. Terms used
Subdivision 2 -- Removal of prison officers
100. Application of Subdivision
101. Removal action
102. Notice of loss of confidence
103. Maintenance payment
104. Withdrawal of removal action and revocation of removal
105. Resignation of prison officer who has been removed
Subdivision 3 -- Appeal against removal of prison officer
106. Appeal right
107. Proceedings on appeal
108. Leave to tender new evidence on appeal
109. Opportunity to consider new evidence
110A. Revocation of removal after consideration of new evidence
110B. Application of Industrial Relations Act 1979 to appeals
110C. Adjournment of appeal if appellant charged with offence
110D. Resumption of appeal before end of adjournment
110E. Decision by WAIRC
110F. Determining amount of compensation
110G. Restriction on publication
Subdivision 4 -- General
110H. Effect of charge for, or conviction or acquittal of, offence
110I. Failure to comply with procedure
110J. Transfer, standing down and leave of prison officer
110K. Review of Division
PART XI -- General provisions
110. Regulations
111. Protection from liability
112. Community safety information
113. Exchange of information
113A. Disclosure to external agencies
113B. Disclosure to victims
113C. Disclosure authorised
114. Failure to perform duties
115. Section 114 to prevail
116. Repeal
117. Transitional
PART XII -- Savings and transitional provisions for Custodial Legislation (Officers Discipline) Amendment Act 2014
118. Purpose
119. Disciplinary offences before commencement day
SCHEDULE 1
SCHEDULE 2
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