Western Australian Current Acts Western Australian Current Acts (1) In this section,
detainee means a person detained, in a detention centre or otherwise, under
this Act or section 666 of The Criminal Code 3 , whether on remand or
otherwise.
(2) If a person has
charge for the time being of a detainee as authorised by this Act, by a court,
or by an officer of the Department or if 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 has charge for the time being
of a detainee —
(a) the
person has, while engaged in any duty to which this Act relates, all such
powers, authorities, protection, and privileges for the purpose of the
execution of the duty as a police officer has by common law or statute; and
(b) the
detainee is to be regarded as being in legal custody.
(3) Without prejudice
to the generality of subsection (2), a detainee is to be regarded as being in
legal custody —
(a)
whilst attending, or travelling to or from a court; or
(b)
whilst attending or travelling, to or from a medical or dental practitioner or
a hospital; or
(c) in
the case of a detainee sentenced to be detained in a detention centre, whilst
participating outside the detention centre in a programme approved by the
Minister for detainees; or
(d)
whilst attending, or travelling directly to or from, any activity organised or
supervised by officers of the Department employed at a detention centre at
which the detainee is detained; or
(e)
whilst absent from a detention centre pursuant to a written authorisation of
the chief executive officer given in accordance with subsection (4).
(4) The chief
executive officer may, in writing, authorise a detainee to be absent from a
detention centre for a period not exceeding 72 hours, and the written
authorisation is to specify the time, the period, and the purpose, of the
authorised absence.
[Section 188 amended: No. 47 of 1999 s. 46.]