Western Australian Current Regulations

YOUNG OFFENDERS REGULATIONS 1995

TABLE OF PROVISIONS

   PART 1 -- Preliminary  

   1.      Citation  
   2.      Terms used

   PART 2 -- Form of written statement given to a young person not represented by a legal practitioner  

   3.      Form of written statement given to a young person not represented by a legal practitioner

   PART 3 -- Youth community based orders and intensive youth supervision orders

           Division 2 -- Taking of body samples  

   9.      Taking of body samples

           Division 3 -- Attendance conditions  

   10.     Proposed agenda

           Division 4 -- Community work conditions  

   11.     Terms used in this Division  
   12.     Offender subject to community work conditions  
   13.     Maximum number of hours to be worked in any day  
   14.     Safe working environment and safe manner of work  
   15.     Authorised breaks counted as work  
   16.     Certain breaks allowed and counted as work  
   17.     Offender not required to work if supervising officer or overseer fails to arrive unless alternative arrangements made  
   18.     Certain substances prohibited  
   19.     Offender under the influence of alcohol etc.  
   20.     Offender not to possess weapon, and confiscation  
   21.     Offender not to drive vehicle unless authorised  
   22.     Offender may be excused from work  
   23.     Offender ill or injured while performing work  
   24.     Supervising officer to notify responsible adult  
   25.     Offender unable to attend to perform work because of illness

           Division 5 -- Supervision conditions  

   26.     Limits on the reporting requirements of supervision conditions  
   27.     Requirement to report for offender who lives in remote area of the State

           Division 6 -- Intensive youth supervision orders without detention  

   28.     Term used in this Division  
   29.     Application of Divisions 3, 4 and 5 to supervision orders  
   30.     Limits on the reporting requirements of supervision conditions  
   31.     Offender to inform supervising officer of change in address within 48 hours

           Division 7 -- Conditional release orders  

   32.     Application of Division 4 to offender released under conditional release order  
   33.     Offender unable to attend to perform work because of illness

   PART 4 -- Special detention centres  

   34.     Detention centres established and operated as special detention centres

   PART 6 -- Hearing and determination of detention offences  

   36.     Term used in this Part  
   37.     Charge of detention offence  
   38.     Notification of hearing  
   39.     Representation of detainee  
   40.     Procedure

   PART 6A -- Miscellaneous  

   40A.    Calculation of period of detention by reference to unpaid amount (s. 65C(2))  
           40B. Restriction of access to exchange information (s. 16(8)(b))

   PART 7 -- Detainee gratuities

           Division 1 -- Special detention centres  

   41.     Classification of activities undertaken by detainees in special detention centres  
   42.     Gratuities credited to a detainee in special detention centre

           Division 2 -- Detention centres other than special detention centres  

   43.     Gratuities credited to a detainee in detention centre that is not a special detention centre

           Division 3 -- General  

   44.     Superintendent may direct gratuities be withheld or reduced  
   45.     Superintendent may direct deductions from gratuities  
   46.     Superintendent may direct when gratuities are to be credited

   PART 7A -- Detainee privileges  

   46A.    Granting and withdrawing of privileges  
   46B.    Privileges

   PART 8 -- Employees

           Division 1 -- Preliminary  

   47.     Terms used

           Division 2 -- Employment generally  

   48A.    Term used: remove  
   48.     Application  
   49.     Officers and employees of particular classes prescribed (section 11(1a)(b))  
           50. Functions of officers and employees of particular classes prescribed (section 11(2))  
           51. Circumstances of removal for physical or mental health reasons (section 11(1a))  
           52A. Circumstances of removal for other reasons (section 11(1a))  
           52. Notice prior to removal (section 11(1a))

           Division 3 -- Discipline of custodial officers  

   53.     Application of Public Sector Management Act 1994 PART 5

           Division 4A -- Removal of custodial officer due to loss of confidence  

   54.     Terms used  
   55.     Application of this Division  
   56.     Appointment of review officer  
   57.     Role of review officer  
   58.     Provision of material to chief executive officer  
   59.     Notice of loss of confidence  
   60.     Access to material  
   61.     Chief executive officer’s assessment of custodial officer’s submissions  
   62.     Further ground for removal  
   63.     Notice of chief executive officer’s decision on removal action and material relied on  
   64.     Service of notices or documents  
   65.     Application  
   66.     Restriction on suspending custodial officer’s pay

           Division 4 -- Use of force  

   71.     Prescribed force (section 11C(1))  
           72. Prescribed circumstances for use of force (section 11C(2))  
           72A. Procedure following use of force

   PART 9 -- Confinement of detainees

           Division 1 -- Preliminary  

   73.     Term used in this Part  
   74.     Imposition of confinement

           Division 2 -- Detention offence confinement  

   75.     Application  
   76.     Confinement procedures  
   77.     Confinement monitoring, searches etc.

           Division 3 -- Good government, good order or security confinement  

   78.     Application  
   79.     Confinement procedures  
   80.     Confinement monitoring, searches etc.

   PART 10 -- Search and seizure

           Division 1 -- Preliminary  

   81.     Terms used in this Part and application  
   82.     Superintendent empowered to search  
   83.     Superintendent empowered to search with assistance of trained dog  
   84.     Superintendent empowered to use force when searching detainees

           Division 2 -- Searching detainees  

   85.     When  
   86.     How  
   87.     If illegal or unauthorised things are found

           Division 3 -- Searching officers or other employees  

   88.     When  
   89.     How  
   90.     If illegal or unauthorised things are found

           Division 4 -- Searching other persons  

   91.     When  
   92.     How  
   93.     If illegal or unauthorised things are found

           Division 5 -- Use of dogs  

   94.     Dogs can be used to search for drugs  
   95.     Dogs to be under the control of a dog handler  
   96.     Dogs to be used in authorised manner  
   97.     Dogs in searches

           Division 6 -- Securing illegal or unauthorised things  

   98.     Securing illegal or unauthorised things

   PART 11 -- Body samples

           Division 1 -- Taking body samples  

   99.     Officer who suspects unauthorised or illegal substance use to inform superintendent  
   100.    Circumstances that may prompt requirement for body samples  
   101.    Taking of body samples

           Division 2 -- Analysis  

   102.    Approval of analysis agent  
   103.    Analyst to give certificate  
   104.    Admissibility of analyst’s certificate

   PART 12 -- Savings and transitional provisions  

   105.    Discipline before commencement day
           SCHEDULE 1