Western Australian Current Regulations

PRISONS REGULATIONS 1982

TABLE OF PROVISIONS

   PART I -- Preliminary  

   1.      Citation and commencement  
   2.      Terms used in these regulations  
   2A.      Certain regulations not applicable to contract workers

   PART II -- Engagement and conditions of prison officers  

   3.      Qualifications for and engagement of prison officers  
   4.      Ranks of prison officers  
   5.      Discharge of prison officers  
   6.      Notice prior to termination of service of prison officers  
   7.      Occupation of quarters  
   9.      Requirements as to uniforms

   PART III -- Functions of officers and prison officers  

   12.     Duty on taking charge of prisoners  
   13.     Duty on escape of prisoner  
   14.     Duty regarding prisoner absent from prison  
   15.     Duty to warn loiterers  
   16.     Duty to prevent interference with prisoners  
   17.     Duties as to keys and security procedures  
   18.     Miscellaneous duties  
   19.     Officer not to receive visitors  
   20.     Restriction on entering prison or leaving area of duty  
   21.     Certificates of good service  
   22.     Restrictions on conduct of prison officers  
   23.     Grievances  
   24.     Responsibility when carrying firearm items  
   25.     Procedure before the use of firearms

   PART IIIA -- Alcohol and drug related aggravated prison offences  

   26.     Terms used in this Part  
   26A.    Prison officer who suspects aggravated drug or alcohol offence to inform superintendent  
   26B.    Superintendent may direct that samples are to be taken  
   26C.    How samples of blood, breath and sweat are to be taken  
   26D.    Prisoner may be required to provide body sample  
   26E.    Prisoner to submit to having sample taken when requested to do so  
   26F.    Medical attention may be required  
   26G.    Other samples may be taken for analysis  
   26H.    Samples to be sealed, labelled and delivered to approved analysis agent  
   27.     Analyst to give certificate  
   28.     Admissibility of analyst’s certificate  
   28A.    Approval of analysis agent  
   29.     Admissibility of results of breath tests

   PART 3B -- Inspection and disclosure of medical records and mandatory taking of blood or other body samples

           Division 1 -- Preliminary  

   29A.    Terms used  
   29B.    COVID‑19 prescribed as infectious disease

           Division 2 -- Inspection and disclosure of medical records  

   29C.    Inspection and disclosure of prisoner’s medical records  
   29D.    Chief executive officer may direct medical officer to provide report on presence of infectious disease

           Division 3 -- Mandatory testing of blood or other body samples  

   29E.    Duty to notify of suspected transfer of bodily fluid  
   29F.    Test authorisation notice  
   29G.    Effect of test authorisation notice  
   29H.    How samples are to be taken  
   29I.    Samples to be sealed, labelled and delivered to approved organisation  
   29J.    Testing of samples  
   29K.    Disclosure of results of test  
   29L.    Admissibility of results of test

   PART IV -- Removal of prison officers  

   30.     Terms used  
   31.     Application of this Part  
   32A.    Appointment of review officer  
   32B.    Role of review officer  
   32C.    Provision of material to chief executive officer  
   32D.    Notice of loss of confidence  
   32E.    Access to material  
   32F.    Chief executive officer’s assessment of prison officer’s submissions  
   32G.    Further ground for removal  
   32H.    Notice of chief executive officer’s decision on removal action and material relied on  
   32I.    Service of notices or documents  
   32J.    Application  
   32K.    Restriction on suspending prison officer’s pay

   PART V -- Prisoners -- management provisions

           Division 1 -- Prisoner property  

   32.     Prison clothing  
   33.     Clothing during absence from prison  
   34.     Clothing on discharge  
   35.     Prisoner’s property  
   36.     Safekeeping of prisoner’s property  
   36A.    Prisoner’s property brought by other people  
   36B.    Refusing to store property  
   36C.    Release of property  
   36D.    Transfer of property between prisons  
   37.     Disposal of unclaimed property

           Division 2 -- Prisoner records  

   38.     Recording of prisoners’ particulars  
   39.     Confidentiality of records

           Division 3 -- Prisoner conduct  

   40.     Duty to obey orders  
   41.     Conduct in personal matters  
   42.     Remaining in prison

           Division 4 -- Prisoner work  

   43.     Work  
   44.     Classification of labour performed by prisoners

           Division 5 -- Prisoner gratuities and other moneys  

   45.     Gratuities that may be credited to prisoners  
   45A.    Chief executive officer to determine level of labour  
   45B.    No gratuity for non allocated prisoners or prisoners confined as punishment  
   45C.    Medically unfit prisoner  
   45D.    Proportionate payment and public holiday  
   45E.    Extra or lower gratuities  
   46.     Classification and gratuity records  
   47.     Expenditure of gratuities  
   48.     Restriction on money held for prisoner  
   49.     Deductions for damage etc. to property of Government or contractor  
   50.     Payment of gratuities on discharge

           Division 6 -- Information provided to prisoners  

   51.     Provision of information to prisoners

           Division 7 -- Visitors  

   52.     Visits to sentenced prisoners  
   53.     Visits -- general  
   53A.    Visitors may be required to produce evidence of identity  
   53B.    Confirmation of visitor’s identity  
   54.     Form of visitor’s declaration  
   54B.    Circumstances in which and periods for which persons may be banned from prison visits  
   54BA.   Reasons that are not required to be given for the purposes of section 66(6) of the Act

           Division 8 -- Separation of prisoners  

   54C.    Separation of prisoners

           Division 9 -- Absence permits  

   54D.    Prescribed purposes or circumstances for absence permits  
   54E.    Duration of absence permit  
   54F.    Eligibility for absence permit  
   54G.    Arrangements relating to accommodation and community work  
   54H.    Terms of paid employment of prisoner on an absence permit  
   54I.    Appointment of escorts and supervisors  
   54J.    Restrictions on giving absence permits  
   54K.    Standard conditions of absence permits  
   54L.    Amounts deducted from moneys paid to a prisoner on an absence permit

           Division 10 -- Interstate absence permits  

   54M.    Terms used in this Division  
   54N.    Corresponding laws  
   54O.    Interstate absence permit  
   54P.    Notice to participating State or Territory  
   54Q.    WA escorts  
   54R.    Interstate escorts  
   54S.    Arrest of interstate prisoners  
   54T.    Return of arrested interstate prisoners to State or Territory of origin  
   54U.    Status of detained interstate prisoners

           Division 11 -- Bring up orders  

   54V.    Superintendent authorised to issue bring up order  
   54W.    Custody of prisoners on bring up orders

   PART VI -- Remand prisoners  

   55.     Remand prisoners  
   56.     Visits to remand prisoners  
   57.     Separation of remand prisoners  
   58.     Request for reclassification by remand prisoners  
   59.     Exercise by remand prisoners  
   60.     Clothing of remand prisoners  
   61.     Remand prisoner to clean cell  
   62.     Haircuts etc. of remand prisoners

   PART VIII -- Prison offences  

   66.     Determination of prison offences  
   67.     Conduct of proceedings  
   68.     Separate confinement in punishment cell  
   69.     Calculation of separate confinement in punishment cell  
   70.     Confinement in sleeping quarters  
   71.     Calculation of confinement in sleeping quarters  
   72.     Separate confinement under section 43  
           73. Penalties of restitution and cancellation of gratuities

   PART IX -- Death of prisoner  

   74.     Procedure on death of prisoner  
   75.     Notice of death of prisoner

   PART X -- Independent prison visitors  

   76.     Visits by independent prison visitors  
   77.     Interviews by independent prison visitors

   PART XI -- Searches and examinations  

   78.     Duties as to search of prisoners  
   79.     Examination of articles under section 49  
           80. Searching persons under section 49  
           81. Regulation of strip searches under section 49

   PART XIA -- Canine section  

   81A.     Terms used in this Part  
   81B.    The canine section  
   81C.     Prison dogs  
   81D.    Authorised manner for prison officer to use prison dog  
   81E.    Particular duties of dog handlers  
   81F.    Periodic inspections of operations of canine section

   PART XII -- Inquiries under section 9 of Act  

   82.     Appearance before section 9 inquiry  
   83.     Conduct of section 9 inquiry  
   84.     Duty of reporting officer

   PART XIII -- Miscellaneous  

   85.     Responsibility for prisoners in lock‑ups  
   85A.    Identification system for persons entering specified prisons  
   86.     Publication of contracts: s. 15G(5)(b)  
           87. Restriction of access to exchange information: s. 113(9)(b)  
           88. Prescribed kinds of information disclosed to victims
           SCHEDULE