[section 117]
1. All prisoners in
custody immediately before the coming into operation of this Act under the
provisions of the repealed Act shall continue in custody under and subject to
the provisions of this Act.
2. Where a direction
or order that a person be detained or confined in a reformatory prison
subsists immediately before the coming into operation of this Act, that
direction or order shall be deemed, with effect from the coming into operation
of this Act, to direct or order that the person be detained in a prison.
3. The person holding
office as Director of the Department of Corrections immediately before the
coming into operation of this Act shall continue in office and be deemed to
have been appointed Permanent Head 3 of the Western Australia Prisons
Department 4 under section 6(1).
4. Each person
appointed or engaged under the repealed Act and holding office immediately
before the coming into operation of this Act shall continue to hold office and
shall be deemed to have been appointed or engaged, subject to this Act and to
the terms of his appointment or engagement, to a corresponding office under
this Act.
5. A prison officer
who is deemed to have been engaged as such by clause 4 may be required by the
chief executive officer at any time after the coming into operation of this
Act to subscribe, in the presence of and attested by a justice or an officer
not below the rank of superintendent, an oath of engagement in the terms set
out in section 13(2).
6. A person appointed
to be a visitor under section 17 of the repealed Act and holding office as
such immediately before the coming into operation of this Act shall —
(a) if
he is a justice, be deemed to have been appointed under this Act as a visiting
justice; and
(b) if
he is not a justice, be deemed to have been appointed under this Act as a
prison visitor, and
every person deemed to
have been appointed a visiting justice or a prison visitor by this provision
shall be deemed, notwithstanding the terms of his appointment under the
repealed Act, to have been appointed for a term expiring 6 months after the
coming into operation of this Act.
7. Where a complaint
of a prison offence has been made against a prisoner before the coming into
operation of this Act but that complaint has not been finally determined when
this Act comes into operation, the complaint shall continue to be dealt with
and determined in all respects as if this Act had not been enacted.
8. Subject to clause
7, a charge of a prison offence alleged to have been committed under the
repealed Act by a prisoner before the coming into operation of this Act may be
made under this Act and shall be dealt with and determined in all respects
under and in accordance with this Act, except that a penalty shall not be
imposed in respect of such an offence greater than, or otherwise different
from, a penalty which might have been imposed under the repealed Act.
9. A penalty imposed
under the repealed Act in respect of a minor prison offence prior to the
coming into operation of this Act shall not be affected in any way by the
repeal of the repealed Act and shall continue to take effect.
10. In the case of a
prisoner who is serving a finite sentence of imprisonment at the time when
this Act comes into operation, remission of sentence shall be calculated in
accordance with the repealed Act for so much of his sentence as he has served
at that time, and shall be calculated for any period after that time in
accordance with this Act.
11. Notwithstanding
the repeal of section 68 of the repealed Act by this Act, that section shall
continue to apply and section 30 of this Act shall not apply to the
computation of imprisonment of a prisoner who while undergoing a finite term
of imprisonment escapes from lawful custody before the coming into operation
of this Act.
12. The repeal by this
Act of the repealed Act shall not affect the validity of a grant of leave of
absence made to a prisoner before the coming into operation of this Act under
regulation 98 of the Prison Regulations 1974 5 and —
(a)
regulations 98, 100, 101 and 102 of the Prison Regulations 1974 5 shall
continue to apply in relation to every such grant as though they were still in
force; and
(b)
section 92 of this Act shall apply in the case of every such grant as if the
prisoner had been granted leave of absence under section 87 of this Act.
13. The repeal of the
repealed Act shall not affect the validity of any order or warrant made in
respect of a prisoner under section 52, 53, 54, 55, 72, or 72A of the repealed
Act before the coming into operation of this Act and those sections and
sections 56A and 73 shall continue to apply in relation to every such order or
warrant and to every prisoner to whom such a warrant or order relates as
though they were still in force.
14. A reference in any
Act or regulation to gaol or jail shall, unless the context otherwise
requires, be read and construed as a reference to prison as that term is
defined by section 3 and on a reprint of the Act or regulation pursuant to
statutory authority the reference may be altered accordingly.
15. Where a charge has
been made against an officer under regulation 35 of the Prison Regulations
1974 5 before the coming into operation of this Act but that charge has not
been finally determined when this Act comes into operation, the charge shall
continue to be dealt with and determined in all respects as if this Act had
not been enacted.
16. Subject to clause
15, a charge under regulation 35 of the Prison Regulations 1974 5 in respect
of an offence alleged to have been committed by an officer before the coming
into operation of this Act may be made under Part X of this Act and shall be
dealt with and determined in all respects under and in accordance with this
Act, except that a penalty shall not be imposed in respect of such an offence
greater than, or otherwise different from, a penalty which might have been
imposed under the repealed Act.
[Schedule 2 amended: No. 47 of 1987 s. 11; No. 113
of 1987 s. 32.]
This is a compilation of the Prisons Act 1981 and includes amendments made by
other written laws 1M . For provisions that have come into operation, and for
information about any reprints, see the compilation table. For provisions that
have not yet come into operation see the uncommenced provisions table.
Short title |
Number and year |
Assent |
Commencement | |
---|---|---|---|---|
115 of 1981 |
14 Dec 1981 |
1 Aug 1982 (see s. 2 and Gazette 23 Jul 1982 p. 2841) | ||
Prisons Amendment Act 1982 |
66 of 1982 |
6 Oct 1982 |
6 Oct 1982 | |
28 of 1984 |
31 May 1984 |
1 Jul 1984 (see s. 2 and Gazette 15 Jun 1984 p. 1629) | ||
Acts Amendment (Abolition of Capital Punishment) Act 1984 Pt. II |
52 of 1984 |
5 Sep 1984 |
3 Oct 1984 | |
Acts Amendment (Financial Administration and Audit) Act 1985 s. 3 |
98 of 1985 |
4 Dec 1985 |
1 Jul 1986 (see s. 2 and Gazette 30 Jun 1986 p. 2255) | |
Acts Amendment (Corrective Services) Act 1987 Pt. II |
47 of 1987 |
3 Oct 1987 |
11 Dec 1987 (see s. 2 and Gazette 11 Dec 1987 p. 4363) | |
Acts Amendment (Public Service) Act 1987 s. 32 |
113 of 1987 |
31 Dec 1987 |
16 Mar 1988 (see s. 2 and Gazette 16 Mar 1988 p. 813) | |
Acts Amendment (Imprisonment and Parole) Act 1987 Pt. III |
129 of 1987 |
21 Jan 1988 |
15 Jun 1988 (see s. 2 and Gazette 20 May 1988 p. 1664) | |
Prisons Amendment Act (No. 2) 1991 |
47 of 1991 |
17 Dec 1991 |
Act other than s. 6: 17 Dec 1991 (see s. 2(1)); | |
Reprint of the Prisons Act 1981 as at 9 Jul 1992 (includes amendments listed
above) (correction: Gazette 18 May 1993 p. 2465) | ||||
Criminal Law Amendment Act (No. 2) 1992 s. 16(1) |
51 of 1992 |
9 Dec 1992 |
6 Jan 1993 | |
Acts Amendment (Ministry of Justice) Act 1993 Pt. 15 6 |
31 of 1993 |
15 Dec 1993 |
1 Jul 1993 (see s. 2) | |
Acts Amendment (Public Sector Management) |
32 of 1994 |
29 Jun 1994 |
1 Oct 1994 (see s. 2 and Gazette 30 Sep 1994 p. 4948) | |
Acts Amendment (Fines, Penalties and Infringement Notices) Act 1994 Pt. 18 |
92 of 1994 |
23 Dec 1994 |
1 Jan 1995 (see s. 2(1) and Gazette 30 Dec 1994 p. 7211) | |
Prisons Amendment Act 1995 |
19 of 1995 |
4 Jul 1995 |
s. 1 and 2: 4 Jul 1995; | |
Sentencing (Consequential Provisions) Act 1995 Pt. 69 7 |
78 of 1995 |
16 Jan 1996 |
4 Nov 1996 (see s. 2 and Gazette 25 Oct 1996 p. 5632) | |
Industrial Relations Legislation Amendment and Repeal Act 1995 s. 66(3) |
79 of 1995 |
16 Jan 1996 |
18 May 1996 (see s. 3(2) and Gazette 14 May 1996 p. 2019) | |
2 of 1996 |
24 May 1996 |
7 Apr 1997 (see s. 2 and Gazette 18 Mar 1997 p. 1529) | ||
69 of 1996 |
13 Nov 1996 |
13 Nov 1997 (see s. 2) | ||
Reprint of the Prisons Act 1981 as at 21 Nov 1996 (includes amendments listed
above except those in the Prisons Amendment Act 1995 , the Coroners Act 1996
and the Mental Health (Consequential Provisions) Act 1996 ) | ||||
Acts Amendment (Auxiliary Judges) Act 1997 Pt. 7 |
23 of 1997 |
18 Sep 1997 |
18 Sep 1997 (see s. 2) | |
Prisons Amendment Act 1999 8 |
43 of 1999 |
8 Dec 1999 |
s. 1 and 2: 8 Dec 1999; | |
Court Security and Custodial Services (Consequential Provisions) Act 1999 Pt.
10 |
47 of 1999 |
8 Dec 1999 |
18 Dec 1999 (see s. 2 and Gazette 17 Dec 1999 p. 6175-6) | |
Reprint of the Prisons Act 1981 as at 22 Dec 2000 (includes amendments listed
above) | ||||
10 of 2002 |
28 Jun 2002 |
28 Jun 2002 (see s. 2) | ||
Prisons Amendment Act 2003 |
24 of 2003 |
24 Apr 2003 |
s. 1 & 2: 24 Apr 2003; | |
29 of 2003 |
22 May 2003 |
1 Jul 2003 (see s. 2 and Gazette 27 Jun 2003 p. 2383) | ||
Corruption and Crime Commission Act 2003 s. 62 9 |
48 of 2003 |
3 Jul 2003 |
1 Jan 2004 (see s. 2 and Gazette 30 Dec 2003 p. 5723) | |
Sentencing Legislation Amendment and Repeal Act 2003 s. 29(3) and 86 |
50 of 2003 |
9 Jul 2003 |
s. 29(3): 31 Aug 2003 (see s. 2 and Gazette 29 Aug 2003 p. 3833); | |
Statutes (Repeals and Minor Amendments) Act 2003 s. 94 |
74 of 2003 |
15 Dec 2003 |
15 Dec 2003 (see s. 2) | |
75 of 2003 |
15 Dec 2003 |
15 Dec 2003 (see s. 2) | ||
Corruption and Crime Commission Amendment and Repeal Act 2003 s. 74(2) 11 |
78 of 2003 |
22 Dec 2003 |
7 Jul 2004 (see s. 2 and Gazette 6 Jul 2004 p. 2697) | |
Reprint 4: The Prisons Act 1981 as at 20 Aug 2004 (includes amendments listed
above except those in the Prisons Amendment Act 2003 s. 5, 6 and 8) | ||||
Sentencing Legislation Amendment Act 2004 s. 16 |
27 of 2004 |
14 Oct 2004 |
31 May 2006 (see s. 2 and Gazette 30 May 2006 p. 1965) | |
Acts Amendment (Court of Appeal) Act 2004 s. 37 |
45 of 2004 |
9 Nov 2004 |
1 Feb 2005 (see s. 2 and Gazette 14 Jan 2005 p. 163) | |
Courts Legislation Amendment and Repeal Act 2004 s. 141 |
59 of 2004 |
23 Nov 2004 |
1 May 2005 (see s. 2 and Gazette 31 Dec 2004 p. 7128) | |
Criminal Procedure and Appeals (Consequential and Other Provisions) Act 2004
s. 78 and 80 12 |
84 of 2004 (as amended by No. 2 of 2008 s. 78(4)) |
16 Dec 2004 |
2 May 2005 (see s. 2 and Gazette 31 Dec 2004 p. 7129 (correction: Gazette 7
Jan 2005 p. 53)) | |
Oaths, Affidavits and Statutory Declarations (Consequential Provisions) Act
2005 s. 63 |
24 of 2005 |
2 Dec 2005 |
1 Jan 2006 (see s. 2(1) and Gazette 23 Dec 2005 p. 6244) | |
Reprint 5: The Prisons Act 1981 as at 21 Jul 2006 (includes amendments listed
above except those in the Prisons Amendment Act 2003 s. 5, 6 and 8) | ||||
Criminal Investigation (Consequential Provisions) Act 2006 s. 73 |
59 of 2006 |
16 Nov 2006 |
1 Jul 2007 (see s. 2 and Gazette 22 Jun 2007 p. 2838) | |
Prisons and Sentencing Legislation Amendment Act 2006 Pt. 2 |
65 of 2006 |
8 Dec 2006 |
4 Apr 2007 (see s. 2 and Gazette 3 Apr 2007 p. 1491) | |
Financial Legislation Amendment and Repeal Act 2006 Sch. 1 cl. 132 |
77 of 2006 |
21 Dec 2006 |
1 Feb 2007 (see s. 2(1) and Gazette 19 Jan 2007 p. 137) | |
Reprint 6: The Prisons Act 1981 as at 16 Nov 2007 (includes amendments listed
above) | ||||
Police Amendment Act 2008 s. 16 and 23(6) |
8 of 2008 |
31 Mar 2008 |
s. 16: 1 Apr 2008 (see s. 2(1)); | |
Medical Practitioners Act 2008 Sch. 3 cl. 47 |
22 of 2008 |
27 May 2008 |
1 Dec 2008 (see s. 2 and Gazette 25 Nov 2008 p. 4989) | |
Criminal Law Amendment (Homicide) Act 2008 s. 36(1) and (3) |
29 of 2008 |
27 Jun 2008 |
1 Aug 2008 (see s. 2(d) and Gazette 22 Jul 2008 p. 3353) | |
Health Practitioner Regulation National Law (WA) Act 2010 Pt. 5 Div. 41 |
35 of 2010 |
30 Aug 2010 |
18 Oct 2010 (see s. 2(b) and Gazette 1 Oct 2010 p. 5075-6) | |
Public Sector Reform Act 2010 s. 89 |
39 of 2010 |
1 Oct 2010 |
1 Dec 2010 (see s. 2(b) and Gazette 5 Nov 2010 p. 5563) | |
Reprint 7: The Prisons Act 1981 as at 21 Jan 2011 (includes amendments listed
above) | ||||
Road Traffic Legislation Amendment Act 2012 Pt. 4 Div. 42 |
8 of 2012 |
21 May 2012 |
27 Apr 2015 (see s. 2(d) and Gazette 17 Apr 2015 p. 1371) | |
Courts and Tribunals (Electronic Processes Facilitation) Act 2013 Pt. 3 Div.
15 |
20 of 2013 |
4 Nov 2013 |
25 Nov 2013 (see s. 2(b) and Gazette 22 Nov 2013 p. 5391) | |
Custodial Legislation (Officers Discipline) Amendment Act 2014 Pt. 2 |
29 of 2014 |
3 Dec 2014 |
24 Aug 2015 (see s. 2(b) and Gazette 21 Aug 2015 p. 3310) | |
Corruption and Crime Commission Amendment (Misconduct) Act 2014 s. 39 |
35 of 2014 |
9 Dec 2014 |
1 Jul 2015 (see s. 2(b) and Gazette 26 Jun 2015 p. 2235) | |
Declared Places (Mentally Impaired Accused) Act 2015 s. 88 |
4 of 2015 |
3 Mar 2015 |
17 Jun 2015 (see s. 2(b) and Gazette 16 Jun 2015 p. 2071) | |
Reprint 8: The Prisons Act 1981 as at 12 Feb 2016 (includes amendments listed
above) | ||||
Dangerous Sexual Offenders Legislation Amendment Act 2016 Pt. 5 |
17 of 2016 |
11 Jul 2016 |
10 Sep 2016 (see s. 2(b) and Gazette 9 Sep 2016 p. 3871) | |
Public Health (Consequential Provisions) Act 2016 Pt. 3 Div. 22 |
19 of 2016 |
25 Jul 2016 |
24 Jan 2017 (see s. 2(1)(c) and Gazette 10 Jan 2017 p. 165) | |
Restraining Orders and Related Legislation Amendment (Family Violence) Act
2016 Pt. 3 Div. 6 |
49 of 2016 |
29 Nov 2016 |
1 Jul 2017 (see s. 2(b) and Gazette 7 Feb 2017 p. 1157) | |
Industrial Relations Amendment Act 2018 s. 71 |
39 of 2018 |
12 Dec 2018 |
19 Dec 2018 (see s. 2(b) and Gazette 18 Dec 2018 p. 4835) | |
Reprint 9: The Prisons Act 1981 as at 9 Aug 2019 (includes amendments listed
above) | ||||
Prisons Amendment Act 2020 |
20 of 2020 |
21 May 2020 |
s. 1 and 2: 21 May 2020 (see s. 2(a)); | |
29 of 2020 |
9 Jul 2020 |
26 Aug 2020 (see s. 2(1)(c) and SL 2020/131 cl. 2) | ||
Firearms Amendment Act 2022 s. 84 |
13 of 2022 |
18 May 2022 |
19 Nov 2022 (see s. 2(c) and SL 2022/186 cl. 2) | |
Criminal Law (Mental Impairment) Act 2023 Pt. 15 Div. 24 and s. 410 |
10 of 2023 |
13 Apr 2023 |
1 Sep 2024 (see s. 2(b) and SL 2024/175 cl. 2) |
To view the text of the uncommenced provisions see Acts as passed on the WA
Legislation website.
Short title |
Number and year |
Assent |
Commencement |
---|---|---|---|
Criminal Law Amendment (Homicide) Act 2008 s. 36(2) |
29 of 2008 |
27 Jun 2008 |
To be proclaimed (see s. 2(d)) |
Firearms Act 2024 Pt. 17 Div. 3 Subdiv. 14 |
23 of 2024 |
27 Jun 2024 |
To be proclaimed (see s. 2(d)) |
Births, Deaths and Marriages Registration Amendment (Sex or Gender Changes)
Act 2024 Pt. 4 Div. 10 |
31 of 2024 |
26 Sep 2024 |
To be proclaimed (see s. 2(b)) |
Young Offenders and Prisons Legislation Amendment Act 2024 Pt. 2 |
48 of 2024 |
6 Dec 2024 |
To be proclaimed (see s. 2(b)) |
1M Under the Cross-border Justice Act 2008
section 14, in order to give effect to that Act, this Act must be applied with
the modifications prescribed by the Cross-border Justice Regulations 2009
Part 3 Division 16 as if this Act had been altered in that way. If a
modification is to replace or insert a numbered provision, the new provision
is identified by the superscript 1M appearing after the provision number. If a
modification is to replace or insert a definition, the new definition is
identified by the superscript 1M appearing after the defined term.
1 The Sentence Administration Act 1995 was
repealed by the Sentencing Legislation Amendment and Repeal Act 2003 s. 29(1).
2 Repealed by the Interpretation Act 1984 .
3 Under the Acts Amendment (Public Service) Act
1987 s. 31(1)(f), a reference in a written law to “Permanent
Head” is, unless the contrary intention appears, to be construed as if
it had been amended to be a reference to the chief executive officer.
4 Under the Alteration of Statutory Designations
Order (No. 3) 2001 , a reference to the Prisons Department was, unless the
contrary intention appears, to be read and construed as a reference to the
Department of Justice. See Gazette 7 Sep 2001 p. 4994-6.
Subsequently, the name of the Department of
Justice was changed to the Department of the Attorney General, and the
Deparment of Corrective Serices was established with effect from 5 Jan 2006.
See Gazette 10 Jan 2006 p. 39.
Subsequent to that, the Departments of the
Attorney General and Corrective Serices were amalgamated and designated the
Deparment of Justice. See Gazette 28 Jun 2017 p. 3503.
5 Repealed by the Prisons Regulations 1982 .
6 The Acts Amendment (Ministry of Justice) Act
1993 Pt. 19 includes savings and transitional provisions that are of no
further effect.
7 The Sentencing (Consequential Provisions) Act
1995 s. 111(1), (2) and (3) are transitional provisions that are of no
further effect.
8 The Prisons Amendment Act 1999 s. 19 reads as
follows:
19. Transitional
(1) A person who,
immediately before the commencement of this Act, was a prison medical officer
as defined in the Prisons Act 1981 is, on and after the commencement of this
Act, to be taken to be —
(a) a
medical officer referred to in section 6(3) of the Prisons Act 1981 as
amended by this Act; and
(b)
appointed on the same terms and conditions, including as to remuneration, as
those which applied to the person immediately before the commencement of this
Act.
(2) A person who,
immediately before the commencement of this Act, was a medical officer as
defined in the Prisons Act 1981 is, on and after the commencement of this Act,
to be taken to be —
(a) a
medical officer referred to in section 6(4) of the Prisons Act 1981 as
amended by this Act; and
(b)
appointed or engaged (as is relevant to the case) on the same terms and
conditions, including as to remuneration, as those which applied to the person
immediately before the commencement of this Act.
9 The amendments in the Corruption and Crime
Commission Act 2003 Sch. 3 cl. 7(3)-(6) are not included because the sections
they sought to amend were deleted by the Inspector of Custodial Services Act
2003 s. 56(1) before the amendments came into operation.
10 The Inspector of Custodial Services Act 2003
Sch. 2 cl. 6(5) reads as follows:
(5) A person who,
immediately before the commencement of this Act, was a person who had been
appointed by the Governor, under the Prisons Act 1981 section 54, to be a
visiting justice is to be regarded, on and from the commencement, as a person
who is appointed by the Minister, under the Prisons Act 1981 section 54, as a
visiting justice on the same terms and conditions as applied to the
person’s appointment by the Governor.
11 The amendments in the Corruption and Crime
Commission Amendment and Repeal Act 2003 Sch. 2 cl. 11(3)-(6) are not included
because the sections they sought to amend were deleted by the
Inspector of Custodial Services Act 2003 s. 56(1) before the amendments came
into operation.
12 The Criminal Procedure and Appeals
(Consequential and Other Provisions) Act 2004 Sch. 1 cl. 25 (amendment to s.
23) was deleted by the Criminal Law and Evidence Amendment Act 2008 s. 78(4).
Defined terms
[This is a list of terms defined and the provisions where they
are defined. The list is not part of the law.]
Defined term Provision(s)
absence permit
3(1), 83(2)
administrator 15A
appeal 99
appellant 99
bodily fluid 3(1)
cessation declaration
114(5)
Chief Commissioner 99
chief executive officer 3(1)
Chief Health Officer
95C(1)
Chief Mental Health Advocate
113(1)
CLMI identified person 113(1)
commencement day 110K(1), 119(1)
Commission
114(12)
contract 3(1)
contractor 3(1), 113(1)
contract worker
15A
decision notice 99,
102(3)
Department 3(1)
District Court judge
3(1)
drugs search 49A(1)
external facility 23(1)
Family Court judge
3(1)
former disciplinary provisions
119(1)
function 15A
gaol
Sch. 2
hearing officer 74A(1)
high-level security work 3(1)
independent prison
visitor 3(1)
industrial commissioner
99
infectious disease 3(1)
intervene
15A
jail Sch. 2
judge
of the Supreme Court 3(1)
judicial body
3(1)
lock-up 3(1)
maintenance
payment 99, 103(1)
maintenance period
99, 103(1)
medical officer
3(1)
medical practitioner 3(1)
mental health
advocate 113(1)
misconduct
119(1)
new evidence 99
officer
3(1)
other officer 15A
penalty 119(1)
perform
15A
permit 3(1)
person
67A(4)
prison 3(1), Sch. 2
prison dog
49A(1)
prisoner 3(1)
prison
offence 3(1)
prison officer
3(1), 96, 99, 114(12)
prison services 3(1)
proceedings 85(4)
proof of identity
60A(1)
public authority 113(1)
refusal declaration 114(3)
relevant action
114(1)
relevant information
113(1)
removal action 99, 101(1)
removal decision
99
remove 3(1)
repealed Act 3(1)
research
113(1)
rules 3(1)
salary
114(12)
service provider 113(1)
specified 110(3)
standing orders
3(1)
subcontractor 3(1)
submission
period 102(2)
suitability to continue as a prison
officer 99
superintendent
3(1)
transfer of bodily fluid 3(1)
victim
113B(1)
video link
74A(1)
violent personal offence 113B(1)
visiting
justice 3(1)
WAIRC 99
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.
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