Western Australian Current Acts Western Australian Current Acts (1) In this section
—
medical officer means an officer of the Department
who is registered under the Health Practitioner Regulation National Law
(Western Australia) in the medical profession;
medical treatment includes psychiatric treatment,
which is treatment as defined in the Mental Health Act 2014 section 4.
(2) If the
superintendent of a detention centre is advised by a medical officer, or is
for any other reason of the opinion, that a detainee at the detention centre
requires medical treatment that cannot, by reason of impracticality or
urgency, be administered within the detention centre, the superintendent is to
order that the detainee be removed from the detention centre for the purpose
of receiving the treatment and, unless the detainee has ceased to be in lawful
custody, returned to the detention centre after treatment.
(3) If a detainee is
to be removed to a hospital under the authority of the order —
(a)
before making the order the superintendent is to ensure that the person in
charge of the hospital agrees to the removal of the detainee to the hospital;
and
(b) upon
making the order the superintendent is to inform the person in charge of the
hospital of the date when the detainee is entitled to be discharged from
lawful custody.
(4) When the detainee
is fit to be discharged from hospital, the person in charge of the hospital is
to give the superintendent notice accordingly and, unless the detainee has
ceased to be in lawful custody, the superintendent is to arrange for the
return of the detainee to the detention centre.
(5) The superintendent
may appoint an officer under the superintendent’s control or a person
who is authorised to exercise a power set out in clause 2 of Schedule 2 to the
Court Security and Custodial Services Act 1999 to take charge of the detainee
while absent from the detention centre under an order made under subsection
(2) and is required to do so —
(a) if
the superintendent considers that the security of the hospital or other place
of treatment might otherwise be jeopardised or the detainee might otherwise
escape; or
(b)
unless the chief executive officer, with the consent of the Minister,
otherwise orders, if the detainee is a person referred to in subsection (6).
(6) If the detainee is
a person —
(a) who
is undergoing a sentence of imprisonment for life; or
(b)
whose release is to be determined by the Governor,
the superintendent is
to give the chief executive officer notice when the detainee is removed from
or returned to a detention centre under an order made under this section.
(7) While a person is
absent from a detention centre under an order made under subsection (2) the
person is to be regarded as being detained in custody at the detention centre,
and —
(a) if
the person escapes or attempts to escape from the place where the order
authorises the person to be it is to be regarded as escaping or attempting to
escape from custody at a detention centre, as the case requires; and
(b) the
person in charge of the place where the detainee is for the time being does
not have the authority to release the detainee from custody.
[Section 179 amended: No. 69 of 1996 s. 94; No. 47
of 1999 s. 45; No. 22 of 2008 Sch. 3 cl. 55; No. 29 of 2008 s. 41(2); No. 35
of 2010 s. 166; No. 25 of 2014 s. 90.]