Prisons Regulations 1982 03-00-01 Xml

Crest

Reprinted under the Reprints Act 1984 as at 9 March 2001

Reprinted under the Reprints Act 1984 as at

Western Australia

Prisons Act 1981

Prisons Regulations 1982

Part I — Preliminary

1.Citation and commencement

These regulations may be cited as the Prisons Regulations 1982 and shall come into operation on the day upon which the Prisons Act 1981 comes into operation 1.

2.Interpretation

In these regulations —

“approved analysis agent” in respect of a body sample of a particular type, means an organization approved from time to time under regulation 28A in respect of that type of sample;

“contact visit” means a visit to a prisoner where there is no physical barrier between the prisoner and the visitor but physical contact between them is limited, and supervised by a prison officer;

“non‑contact visit” means a visit to a prisoner where there is a physical barrier between the prisoner and the visitor but they are able to see each other and to communicate verbally;

“organization” includes a person and a government department or agency.

[Regulation 2 inserted in Gazette 13 September 1996 p. 4569; amended in Gazette 2 November 1999 p. 5473; 7 April 2000 p. 1819.]

Part II — Engagement and conditions of prison officers

3.Qualifications for and engagement of prison officers

(1)A person is not eligible to be engaged as a prison officer unless he —

(a)is in a good condition of physical and mental health;

(b)satisfies the chief executive officer that he is an Australian citizen, or that he has permanent residence status in Australia ;

(c)is educated to a standard set down by the chief executive officer from time to time;

(d)meets such other requirements as are laid down by the chief executive officer from time to time; and

(e)has no conviction for an offence which, in the opinion of the chief executive officer, is an offence which is relevant to the performance of the duties of a prison officer or his fitness to hold office.

(2)Notwithstanding the provisions of subregulation (1) (but subject to paragraph (e) of that subregulation) in special circumstances or in a special case, the Minister may engage any person to be a prison officer.

(3)The engagement of a prison officer is to the prison service generally and not to any particular prison.

(4)Upon his engagement in the prison service, a prison officer shall serve a 9 month period of probation.

[Regulation 3 amended in Gazette 11 December 1987 p. 4369; 2 November 1999 p. 5475.]

4.Ranks of prison officers

(1)The ranks of prison officers appointed under section 13 of the Act in the prison service shall be in ascending order —

(a)prison officer; and

(b)senior prison officer.

(2)A prison officer shall be eligible for promotion to the higher rank after he has met any criteria laid down from time to time by the chief executive officer and applicable to that higher rank.

(3)A prison officer may be promoted only by the chief executive officer.

[Regulation 4 amended in Gazette 11 December 1987 p. 4369; 2 November 1999 p. 5475.]

5.Discharge of prison officers

(1)A prison officer who is, in the opinion of the chief executive officer, unable to perform his duties properly by reason of his physical or mental health may be required by the chief executive officer to submit himself to a medical examination by a board consisting of a medical practitioner nominated by the prison officer and 2 medical practitioners appointed by the Executive Director, Public Health and Scientific Support Services.

(1a)If, 7 days prior to the day of examination, the prison officer has not nominated a medical practitioner who has consented to attend the medical examination, the Executive Director, Public Health and Scientific Support Services may appoint a medical practitioner who shall, for the purposes of subregulation (1), be deemed to have been nominated by the prison officer.

(2)If a board constituted under subregulation (1), or the majority of the members of such a board, reports to the chief executive officer that a prison officer is unable to perform his duties properly by reason of his physical or mental health, the chief executive officer may, with the consent of the Minister discharge the prison officer.

(3)A prison officer who provided false, incomplete or misleading information in or with respect to his application for engagement as a prison officer may, with the consent of the Minister, be discharged by the chief executive officer.

(4)Where the chief executive officer is of the opinion during or at the end of the period of probation of a prison officer that the prison officer is unsatisfactory in the performance of his duties or unsuitable to be a prison officer, the chief executive officer may discharge that prison officer.

(5)The chief executive officer may extend the period of a prison officer’s probation.

[Regulation 5 amended in Gazette 24 December 1982 p. 4906; 17 August 1984 p. 2449; 11 December 1987 p. 4369; 20 May 1988 p. 1668; 2 November 1999 p. 5475.]

6.Notice prior to termination of service of prison officers

(1)A prison officer who is discharged under regulation 5(2) shall be entitled to one month’s notice or to one month’s pay in lieu of notice.

(2)A prison officer who leaves the prison service of his own accord shall give one month’s notice in writing or forfeit one month’s pay.

(3)A prison officer on probation shall give 2 weeks’ notice of his intention to leave the prison service, or shall forfeit 2 weeks’ pay.

(4)If a prison officer on probation is discharged for reasons other than misconduct, he shall be given 2 weeks’ notice or 2 weeks’ pay in lieu of notice.

(5)Where a period of notice is required to be given under this regulation, the chief executive officer may, without prejudice to the entitlement of the prison officer to pay, abridge or dispense with such notice.

[Regulation 6 amended in Gazette 11 December 1987 p. 4369; 2 November 1999 p. 5475.]

7.Occupation of quarters

(1)The chief executive officer may make quarters available for occupation by officers on such terms and conditions as he deems fit.

(2)An officer occupying quarters shall —

(a)keep the quarters in good order and condition and in a thorough state of cleanliness;

(b)subject to fair wear and tear, keep the quarters, outbuildings and yards in a state of good repair; and

(c)where the quarters are on a farming property, not keep any animal without the approval of the superintendent.

(3)An officer who breaches any term or condition of his occupancy or who breaches an obligation under this regulation shall be liable to be deprived of his quarters and for the costs of replacement or repair of any Government property which has been neglected, damaged, destroyed or lost by reason of any act or default on his part.

(4)An officer shall on the date of his discharge or transfer to another prison give vacant possession of his quarters to the superintendent.

(5)If an officer gives vacant possession of his quarters in a dirty condition or leaves rubbish in the quarters or the grounds of the quarters, the chief executive officer shall cause the quarters and grounds to be made fit for occupation and the outgoing officer shall be liable for the costs involved.

(6)The superintendent may, having given reasonable notice to an officer occupying quarters, inspect those quarters at any time.

[Regulation 7 amended in Gazette 11 December 1987 p. 4369; 2 November 1999 p. 5475.]

[8.Repealed in Gazette 28 June 1994 p. 3021.]

9.Requirements as to uniforms

(1)The chief executive officer may designate the dress and insignia of office or rank to be worn by an officer as his uniform.

(2)A prison officer shall wear his uniform during his hours of duty and may wear his uniform whilst travelling to or from his residence to his place of duty, but shall not otherwise wear his uniform without the authority of the superintendent.

(3)A prison officer may wear clothing other than his uniform during his hours of duty only with the authority of the superintendent or when ordered to do so by the superintendent.

(4)A prison officer —

(a)shall not permit or allow any other person to wear his uniform or any part thereof; and

(b)shall not leave any part of his uniform unattended in a prison except in an area designated for the purpose by the superintendent.

(5)A uniform issued to a prison officer remains the property of the Department and upon the replacement of the uniform or part thereof, or where a prison officer leaves the prison service for any reason, the officer shall return all badges and buttons and that part of his uniform obtained by him within the preceding 6 months or shall satisfactorily account for its whereabouts and condition, and a prison officer who does not so return or account for his uniform shall be liable to have the value of his uniform deducted from any pay or entitlements due to him.

(6)A prison officer who is serving the first 3 months of his probationary service may be issued with a uniform which is not new issue.

[Regulation 9 amended in Gazette 11 December 1987 p. 4369; 2 November 1999 p. 5475.]

10.Awards or medallions to prison officers

(1)The Minister may award a medallion to a prison officer who has —

(a)performed in the course of his duty an act of bravery which involved a risk to his life or health and such medallion shall be known as the “Western Australia Department of Corrective Services Bravery Medallion”;

(b)served a continuous period of 15 years service in the Department and such medallion shall he known as the “Western Australia Department of Corrective Services 15 years Long Service Medallion”; or

(c)served a continuous period of 25 years service in the Department and such medallion shall be known as the “ Western Australia Department of Corrective Services 25 years Long Service Medallion”.

(2)The Minister may award the Bravery Medallion posthumously to the prison officer’s next of kin where the case requires.

(3)Where the Minister is of the opinion that in a special case a Western Australia Department of Corrective Services 15 years Long Service Medallion or Western Australia Department of Corrective Services 25 years Long Service Medallion ought to be awarded to a prison officer who has not served the prerequisite period in the prison service, he may make that award.

[Regulation 10 amended in Gazette 12 April 1985 p. 1283; 11 December 1987 p. 4369.]

11.Striking and form of medallion

(1)The Minister shall authorise the striking of any medallion to be awarded under these regulations.

(2)A medallion awarded under these regulations shall be in a form and with such attachments as are determined by the Minister.

Part III — Functions of officers and prison officers

12.Duty on taking charge of prisoners

A prison officer on taking charge or supervision of any group of prisoners shall count the number of prisoners and shall remain responsible for the charge and supervision of each prisoner in the group until the prisoners are delivered into the charge and supervision of a relieving prison officer or other officer.

13.Duty on escape of prisoner

(1)A prison officer in charge or having the supervision of any prisoner shall in the event of an escape report the full particulars of the escape forthwith —

(a)where the escape has occurred from within a prison, to the superintendent; and

(b)where the escape has occurred outside a prison, to the superintendent or to the nearest police station.

(2)A prison officer who reports an escape to the nearest police station shall, as soon as practicable, make a further report upon the escape to his superintendent.

(3)Where a prisoner in the charge or under the supervision of a prison officer escapes or prepares or attempts to escape from that charge or supervision, the prison officer (if every other prisoner for whom he is responsible is adequately secured) or any other prison officer, may arrest that prisoner and return him to prison.

14.Duty regarding prisoner absent from prison

A prison officer in charge of any prisoner absent from a prison shall ensure that the prisoner complies with the provisions, conditions and stipulations of his permit for absence, or his approved absence, and shall at all times keep the prisoner under his charge or supervision.

15.Duty to warn loiterers

A prison officer shall promptly request any person apparently loitering in the vicinity of a prison or in the vicinity of any prisoner to move away and shall warn such person of the consequences of the disobedience of his request before acting under section 52(6) of the Act.

16.Duty to prevent interference with prisoners

A prison officer shall not allow any unauthorised person to interfere in any way with any prisoner in his charge or under his supervision, or to communicate with, or give or pass anything to, a prisoner.

17.Duties as to keys and security procedures

An officer who in the course of his duty is entrusted with any key or other locking or unlocking device or mechanism or who is familiar with any security process or procedure —

(a)shall not remove any such item from the prison or make known any such process or procedure to any person without the prior authority of the superintendent;

(b)shall not part with the possession of or leave any such item unattended or lying about; and

(c)shall, when leaving the prison or on the completion of his duty, unless security procedures require otherwise, deliver such item to the officer authorised to receive them and unless he has made such delivery, he shall not be permitted to leave the prison without the permission of the superintendent.

18.Miscellaneous duties

(1)It is the responsibility of a prison officer when he is on duty —

(a)to examine all locks, bolts, keys, and other locking or unlocking devices or mechanisms in his area of duty and to report thereon to his superior officer; and

(b)to know the number of prisoners who are in his charge at any time.

(2)In addition to his ordinary duties a prison officer may be required to perform such duties as the exigencies of the department require.

[Regulation 18 amended in Gazette 11 December 1987 p. 4369.]

19.Officer not to receive visitors

An officer shall not receive any visitor at the prison when on duty without the permission of the superintendent.

20.Restriction on entering prison or leaving area of duty

(1)An officer who is not on duty shall not enter a prison without the permission of the superintendent.

(2)A prison officer shall not leave his area of duty within a prison unless authorised to do so, or until relieved by another prison officer.

21.Certificates of good service

(1)A prison officer shall not accept any address, recommendation or testimonial in connection with his duties, without the prior permission of the chief executive officer.

(2)The chief executive officer may issue a certificate of good service to a prison officer upon his discharge.

[Regulation 21 amended in Gazette 11 December 1987 p. 4369; 2 November 1999 p. 5475.]

22.Restrictions on conduct of prison officers

(1)Subject to subregulation (2) a prison officer shall not —

(a)make any comment to any person, either orally or in writing concerning any officer, prison, or prisoner; or

(b)use for any purpose information gained by or conveyed to him through his service in the prison service,

except in connection with the discharge of his duties or with the prior written approval of the superintendent.

(2)Nothing in subregulation (1) prevents a prison officer from communicating with a union of which he is a member with respect to any matter which affects him and which is an industrial matter within the meaning of the Industrial Relations Act 1979.

(3)A prison officer shall not —

(a)apart from his entitlement to pay as a prison officer accept from any prisoner or person any gratuity, fee or reward for or in connection with the performance of his duties; or

(b)engage in any trade, profession, business or calling other than that of being a prison officer,

except with the prior written approval of the chief executive officer.

(4)Where a prison officer applies for the approval of the chief executive officer for the purposes of subregulation (3)(b) that approval shall not be withheld unless, in the opinion of the chief executive officer, engagement in the trade, profession, business or calling in respect of which that approval is sought would conflict with the performance of the applicant’s duties.

(5)Where approval has been given to a prison officer for the purposes of subregulation (3)(b) and, in the opinion of the chief executive officer, engagement in the trade, profession, business or calling in respect of which that approval was given is conflicting with the performance of the prison officer’s duties, the chief executive officer may by notice in writing served on the prison officer withdraw that approval.

(6)An officer shall not engage in or carry out any pecuniary or other transaction with or on behalf of any prisoner, except in connection with the discharge of his duties or with the prior approval of the superintendent.

[Regulation 22 amended in Gazette 11 December 1987 p. 4369; 2 November 1999 p. 5475.]

23.Grievances

(1)A prison officer having a grievance connected with his duties, office or rank shall state the grievance in writing and submit it to the chief executive officer or the superintendent for his decision.

(2)Where pursuant to subregulation (1), a prison officer has submitted a grievance to the superintendent the prison officer may, through the superintendent, request the chief executive officer to reconsider the decision made by the superintendent in respect of that grievance and the superintendent shall forward any such request to the chief executive officer for his decision.

[Regulation 23 amended in Gazette 11 December 1987 p. 4369; 2 November 1999 p. 5475.]

24.Responsibility when carrying firearms

(1)A prison officer may be required to undertake training in the use of firearms and ammunition and may thereafter, when on duty, be required to carry firearms and ammunition.

(2)Firearms and ammunition shall be issued only by an officer so authorised by the superintendent.

(3)When on duty under arms, a prison officer shall —

(a)be responsible for firearms and ammunition issued to him;

(b)ensure that the firearms are properly loaded and that he is carrying the appropriate ammunition for those firearms;

(c)handle those firearms and that ammunition so that no accident may occur;

(d)report to his superior officer forthwith if he has any reason to doubt the serviceability of the firearms;

(e)remain alert and vigilant at his post;

(f)immediately he observes any irregularity in the routine of the prison which may jeopardise the security of the prison, report such irregularity to the superintendent or his superior officer or make his report to the nearest officer with whom he can communicate and that officer shall forthwith inform the superintendent of the report made to him; and

(g)report to his superior officer forthwith any discharge of the firearms or loss or damage of ammunition.

(4)When on duty under arms, a prison officer shall not —

(a)deface the firearms;

(b)make any alteration to the firearms without the authority of the superintendent; or

(c)permit any prisoner to approach within 10 metres of him.

25.Procedure before the use of firearms

(1)Before using a firearm against a prisoner or other person, a prison officer shall, where it is practicable in the circumstances to do so —

(a)order the prisoner or person to halt;

(b)if the prisoner or person so ordered refuses or neglects to halt, the prison officer shall immediately call aloud “halt or I’ll fire” or words to similar effect.

(2)Before using a firearm against a prisoner or other person, a prison officer may, where it is practicable in the circumstances to do so, fire a warning shot.

(3)In exercising his discretion whether to use or to continue to use a firearm, a prison officer shall have regard to the risk, in the immediate circumstances, of injury which the use of fire power would impose upon any person other than the prisoner or person against whom fire power may be used.

[Regulation 25 amended in Gazette 24 December 1982 p. 4907.]

Part IIIA — Alcohol and drug related aggravated prison offences

[Heading inserted in Gazette 7 April 2000 p. 1820.]

26.Interpretation of Part

In this Part —

“aggravated alcohol offence” means an aggravated prison offence under section 70(f) of the Act;

“aggravated drug offence” means an aggravated prison offence under section 70(d) or (e) of the Act;

“approved” means approved in writing by the chief executive officer;

“sweat patch” means an adhesive patch attached to the body of a prisoner for the taking of a sample of sweat from the prisoner.

[Regulation 26 inserted in Gazette 7 April 2000 p. 1820.]

26A.Prison officer who suspects aggravated drug or alcohol offence to inform superintendent

A prison officer who has reasonable grounds for suspecting that a prisoner has committed an aggravated drug offence or an aggravated alcohol offence shall inform the superintendent.

[Regulation 26A inserted in Gazette 7 April 2000 p. 1820.]

26B.Superintendent may direct that samples are to be taken

(1)The superintendent may direct a prison officer to take a sample at random of —

(a)the blood, saliva, sweat or urine of prisoners to determine whether an aggravated drug offence or an aggravated alcohol offence has been committed by any prisoner; or

(b)the breath of prisoners to determine whether an aggravated alcohol offence has been committed by any prisoner.

(2)The superintendent may direct a prison officer to take a sample of the blood, saliva, sweat, breath or urine of a prisoner if the superintendent has reasonable grounds for suspecting (from the superintendent’s own observations or otherwise) that the prisoner has committed an aggravated drug offence or an aggravated alcohol offence.

(3)This regulation is subject to regulation 26C.

[Regulation 26B inserted in Gazette 7 April 2000 p. 1820.]

26C.How samples of blood, breath and sweat are to be taken

(1)A sample of the blood of a prisoner shall be taken —

(a)with a sterile syringe and discharged into a sterile container; and

(b)by a prison medical officer, a medical officer or an officer who is a nurse, as defined in the Nurses Act 1992.

(2)A sample of the breath of a prisoner shall be taken —

(a)by means of apparatus of a type approved for that purpose; and

(b)by an officer who has been approved to use that apparatus.

(3)A sample of the sweat of a prisoner shall be taken —

(a)by means of a sweat patch, of a type approved for that purpose, attached to the prisoner for not more than 7 days; and

(b)by a prison officer or other person approved by the chief executive officer who has successfully completed approved training as to the application and removal of sweat patches.

[Regulation 26C inserted in Gazette 7 April 2000 p. 1821.]

26D.Prisoner may be required to provide body sample

Subject to regulation 26C, a prison officer —

(a)may require a prisoner to provide a sample of the prisoner’s breath, in accordance with the directions of the prison officer, if that officer has reasonable grounds for suspecting that the prisoner has committed an aggravated alcohol offence; and

(b)shall require a prisoner to provide a sample of the prisoner’s blood, saliva, sweat, breath or urine if directed to do so by the superintendent under regulation 26B.

[Regulation 26D inserted in Gazette 7 April 2000 p. 1821.]

26E.Prisoner to submit to having sample taken when requested to do so

(1)A prisoner who is required to provide a sample under regulation 26D shall —

(a)submit himself for the purpose of having the body sample taken; and

(b)cooperate fully in providing the sample.

(2)A prisoner required to provide a body sample of sweat under regulation 26D(b) shall be taken not to have complied with subregulation (1) if the sweat patch being used to take the sample has been removed or interfered with, unless —

(a)the removal or interference was carried out by a person referred to in regulation 26C(3)(b); or

(b)the prisoner proves that —

(i)the removal or interference was carried out against the prisoner’s wishes; and

(ii)the prisoner promptly reported the removal or interference to a prison officer.

[Regulation 26E inserted in Gazette 7 April 2000 pp. 1821‑2.]

26F.Medical attention may be required

On receiving information under regulation 26A regarding a prisoner, the superintendent may request the prison medical officer or a medical officer to assess the prisoner to determine whether the prisoner requires medical attention.

[Regulation 26F inserted in Gazette 7 April 2000 p. 1822.]

26G.Other samples may be taken for analysis

A prison officer may take for the purpose of analysis, a sample of any drug, alcohol, glue containing toluene, or other intoxicating substances found in the possession of a prisoner and not lawfully issued to him.

[Regulation 26G inserted in Gazette 7 April 2000 p. 1822.]

26H.Samples to be sealed, labelled and delivered to approved analysis agent

(1)A prison officer who required a sample to be taken from a prisoner under regulation 26D shall ensure that the sample is sealed in a container marked or labelled in the presence of the prisoner and the prison officer with —

(a)the name of the prisoner;

(b)the type of the sample;

(c)the name of the prison officer, or other person authorised under regulation 26C(1)(b), (2)(b) or (3)(b) who took the sample; and

(d)the time and date that the sample was taken.

(2)The superintendent shall authorise the delivery of a sample taken under this Part to the approved analysis agent.

[Regulation 26H inserted in Gazette 7 April 2000 p. 1822.]

27.Analyst to give certificate

(1)Upon completion of an analysis by the relevant approved analysis agent the analyst shall make a certificate in the form of Form 1 of the Schedule and shall forward that certificate to the superintendent of the prison in which the prisoner is in custody.

(2)The superintendent shall cause a copy of the certificate referred to in subregulation (1) to be served upon the prisoner from whom the sample was taken or obtained.

(3)For the purposes of these regulations, an analyst is a person appointed as an analyst under the Health Act 1911 and employed by an approved analysis agent.

[Regulation 27 amended in Gazette 24 December 1982 p. 4907; 9 August 1991 p. 4113; 13 September 1996 p. 4569; 7 April 2000 pp. 1822‑3.]

28.Admissibility of analyst’s certificate

The certificate referred to in regulation 27 shall be admissible in evidence against a prisoner charged with a prison offence and shall be prima facie evidence of the matters certified in the certificate.

28A.Approval of analysis agent

(1)The chief executive officer shall, in respect of each type of body sample authorised to be taken under this Part, approve an organization as the organization whose employees are to carry out analysis of samples of that type.

(2)The chief executive officer may, at any time, cancel the approval of an organization and approve another organization under subregulation (1).

(3)If at any time no organization is approved under subregulation (1) in respect of a type of body sample, the Chemistry Centre (WA) shall be taken to be the relevant approved analysis agent.

(4)If a sample has been delivered, under this Part, to an organization which was, at the time of delivery, the relevant approved analysis agent —

(a)that organization shall ensure that the analysis of the sample is completed; and

(b)the analyst employed by that organization who carries out the analysis shall make and forward a certificate in accordance with regulation 27(1),

even if, after delivery of the sample, the approval of the organization as the relevant approved analysis agent is cancelled.

[Regulation 28A inserted in Gazette 13 September 1996 p. 4570; amended in Gazette 7 April 2000 p. 1823.]

29.Admissibility of results of breath tests

The results of a test of a sample of breath taken from a prisoner under this Part shall be admissible in evidence against the prisoner on a charge of a prison offence.

[Regulation 29 inserted in Gazette 27 March 1992 p. 1343; amended in Gazette 7 April 2000 p. 1823.]

Part IV — Discipline of prison officers

30.Determination of disciplinary offences

Where a prison officer is charged with a disciplinary offence and the prison officer denies the truth of the charge, the procedure, subject to sections 100 and 101 of the Act, to determine the charge shall be as follows —

(a)the officer prosecuting shall state the case against the prison officer and call any witnesses in support of the charge;

(b)the chief executive officer, superintendent or other person appointed to conduct the inquiry may take evidence on oath, affirmation or otherwise at his discretion;

(c)the officer prosecuting shall conduct the examination in chief of each witness and the prison officer or a person nominated to represent him under section 101 of the Act may cross‑examine each witness;

(d)the officer prosecuting shall be permitted to re‑examine each witness on matters arising out of cross‑examination;

(e)the officer prosecuting shall then close his case; and

(f)the prison officer charged may then give evidence on his own behalf or he or his nominated representative may call his witnesses and paragraphs (c), (d) and (e) shall apply subject to necessary modification.

[Regulation 30 amended in Gazette 11 December 1987 p. 4369; 2 November 1999 p. 5475.]

31.Conduct of disciplinary proceedings

(1)The chief executive officer, superintendent or other person appointed to hear a charge of a disciplinary offence —

(a)shall conduct the inquiry expeditiously and without undue adjournment or delay;

(b)shall keep or cause to be kept an adequate record of proceedings;

(c)may question a witness called; and

(d)may direct that a particular witness be called or call and question a witness.

(2)The officer prosecuting and the prison officer charged shall be permitted to question any witness called and questioned under subregulation (1)(d).

[Regulation 31 amended in Gazette 11 December 1987 p. 4369; 2 November 1999 p. 5475.]

Part V — Prisoners — management provisions

32.Prison clothing

Upon his admission to prison, a prisoner may be required to bathe or take a shower and, subject to these regulations, shall be issued with and shall wear prison clothing.

33.Clothing during absence from prison

(1)The superintendent may permit a prisoner to wear clothing other than prison clothing during a prisoner’s authorised absence from prison.

(2)A prisoner whose appearance is required at court or at any place authorised under section 22 of the Act shall be permitted to wear his own clothing if he so elects.

34.Clothing on discharge

The chief executive officer shall ensure that a prisoner discharged from a prison is adequately clothed in other than prison clothing and may authorise expenditure either from the prisoner’s own moneys held on his behalf at the prison, or from any moneys available to the chief executive officer for that purpose.

[Regulation 34 amended in Gazette 11 December 1987 p. 4369; 2 November 1999 p. 5475.]

35.Prisoner’s property

(1)As soon as practicable after the admission of a prisoner to prison, the superintendent shall cause an inventory to be made of all property in that prisoner’s possession and the prisoner shall be asked to sign the inventory as an acknowledgment that it is correct.

(2)If a prisoner refuses to sign an inventory when asked to do so by a prison officer under subregulation (1), the prison officer shall inform the superintendent who shall endorse on the inventory a note of the refusal and any reason given by the prisoner for his refusal to sign.

(3)Any property which, in the opinion of the superintendent, is of a perishable, dangerous or unhygienic nature may be destroyed or otherwise dealt with as ordered by the superintendent and a record of such order and action shall be noted on the inventory.

(4)Where any property is dealt with under section 41 of the Act, the inventory shall be endorsed accordingly and signed by the authorised officer and the prisoner.

36.Safekeeping of prisoner’s property

(1)The superintendent may, subject to considerations of security and practicability, authorise the retention of a prisoner’s property at the prison.

(2)Any property retained at the prison on behalf of a prisoner shall be kept in safe keeping and the superintendent may at any time refuse to continue to retain or to accept any other property belonging to the prisoner.

(3)The property of the prisoner shall be made available to that prisoner on his release or as soon as practicable thereafter and the superintendent may issue all or part of the property to the prisoner or a person nominated in writing by the prisoner during the period of his custody and any person receiving such property shall sign a receipt for it and a copy shall be retained by the superintendent.

(4)The property of a prisoner who is removed from one prison to another under an order made pursuant to section 26 of the Act shall be forwarded to the prison to which he is removed and the provisions of regulation 35 shall apply as if the prisoner had been admitted to that prison.

(5)Any property issued to or retained by a prisoner, or retained at a prison on behalf of a prisoner, may be searched by a prison officer and, for that purpose, the prison officer may, using due care, dismantle the property.

37.Disposal of unclaimed property

(1)Property left at a prison and uncollected, abandoned, or unclaimed for a period of 12 months may by order of the chief executive officer be —

(a)sold at a public auction;

(b)given to an association incorporated under the Associations Incorporation Act 1895 2; or

(c)destroyed or otherwise disposed of.

(2)The chief executive officer shall on at least one occasion before a public auction is conducted under subregulation (1) cause a notice to be published in the Government Gazette describing the property to be offered for sale and giving the time, date and place of the auction.

(3)The net proceeds of an auction sale conducted under this regulation shall be paid into the Prisoners’ Industrial Trust Fund.

[Regulation 37 amended in Gazette 11 December 1987 p. 4369; 2 November 1999 p. 5475.]

38.Recording of prisoners’ particulars

(1)Upon his admission to prison and at any other time which the superintendent considers necessary —

(a)a record shall be made of a prisoner’s name (according to the warrant or other instrument pursuant to which he is in custody), his date of birth and usual place of residence together with a description of his general appearance, features and distinguishing marks;

(b)a prisoner shall be given the opportunity to state his religion or religious denomination and any such statement shall be recorded; and

(c)a prisoner may be required to have his height and weight recorded, be photographed, have impressions of his fingers and palms taken, and to provide a sample of his blood and an impression of his teeth.

(2)A blood sample or dental impression provided under subregulation (1)(c) shall be taken by or at the direction of the prison medical officer or the medical officer.

39.Confidentiality of records

(1)Subject to subregulation (2) the records referred to in regulation 38 with respect to a prisoner who is released without conviction by a court and of a prisoner who is acquitted of the charge in respect of which he was imprisoned shall be destroyed at the request of the prisoner.

(2)The chief executive officer may, for statistical purposes, retain a record of —

(a)the name and date of birth;

(b)the usual place of residence at the time of admission;

(c)the date and reason for admission; and

(d)the date and reason for discharge,

of a prisoner referred to in subregulation (1).

(3)Except with the permission of the chief executive officer, no copy of the records referred to in regulation 38 or subregulation (2) shall be shown or made available in any form to a person other than a person whose public duty it is to receive it or use it for purposes of identification.

[Regulation 39 amended in Gazette 11 December 1987 p. 4369; 2 November 1999 p. 5475.]

40.Duty to obey orders

(1)A prisoner shall promptly obey an order given to him by a prison officer and shall obey the rules and standing orders of the prison and any other written order addressed generally to prisoners.

(2)A prisoner aggrieved by an order given to him shall obey that order before making any complaint in relation to the order.

41.Conduct in personal matters

(1)A prisoner shall keep himself, his bedding and his clothing and his cell or quarters in a thorough state of cleanliness and the furniture and any contents of his cell shall be neatly arranged as may be directed by the superintendent.

(2)A prisoner shall not in any way alter or destroy bedding or clothing issued to him or the furniture or contents of his cell and shall be accountable for its condition and responsible for its proper care.

(3)A prisoner shall bathe or shower and put on clean clothing as directed by the superintendent.

(4)The superintendent may require a prisoner to have his hair cut and may require a male prisoner to cut or shave his beard or moustache.

42.Remaining in prison

(1)The chief executive officer may if so requested by a prisoner in writing permit the prisoner to remain in the prison overnight until the morning of the day following the due date of discharge.

(2)If a prisoner is seriously ill on his discharge date, the chief executive officer may permit the prisoner to remain in the prison until suitable arrangements are made for his discharge.

[Regulation 42 amended in Gazette 11 December 1987 p. 4369; 2 November 1999 p. 5475.]

43.Work

(1)Subject to subregulation (2), a prisoner who is able to work may be employed as the superintendent directs.

(2)A prisoner on remand shall not be required to work.

(3)A prisoner on remand may apply in writing to the superintendent to work and, if such application is granted, the prisoner may, be employed in the prison in which he is confined, and be credited with gratuities accordingly.

[Regulation 43 amended in Gazette 11 May 1990 p. 2266.]

44.Classification of labour performed by prisoners

(1)Labour performed by prisoners shall be classified by the chief executive officer according to the following levels —

Level 1 — work that requires exceptional skill and requires a special aptitude and diligence.

Level 2 — work that requires above average skill and requires above average diligence.

Level 3 — work that requires average skill or average diligence.

Level 4 — work that requires a minimum of skill and ordinary diligence.

Level 5 — work that does not come within the other levels of this classification and in which the duties are only of a general nature.

(2)The level at which work is classified shall be at the discretion of the chief executive officer.

[Regulation 44 inserted in Gazette 11 May 1990 p. 2266.]

45.Gratuities that may be credited to prisoners

(1)The rates of gratuities prescribed in relation to the levels of labour performed by prisoners are as follows —

Level 1 — $35 per week

Level 2 — $27 per week

Level 3 — $21 per week

Level 4 — $15 per week

Level 5 — $11 per week.

(2)The rates of gratuities to be credited under subregulation (1) shall be varied each year according to the variation in the previous year of the Consumer Price Index (all groups) Perth as issued by the Australian Bureau of Statistics under the authority of the Census and Statistics Act 1905 of the Commonwealth and the date from which any such variation shall be credited shall be determined by the chief executive officer.

[Regulation 45 inserted in Gazette 11 May 1990 pp. 2266‑7.]

45A.Chief executive officer to determine level of labour

A prisoner shall be allocated such level of labour as is determined by the chief executive officer.

[Regulation 45A inserted in Gazette 11 May 1990 p. 2267.]

45B.No gratuity for non allocated prisoners or prisoners confined as punishment

Where —

(a)the superintendent in the interests of the preservation of prison security or prison property has directed that a prisoner is not to work;

(b)a prisoner consistently refuses to work; or

(c)a prisoner is undergoing a penalty of confinement in his sleeping quarters or separate confinement in a punishment cell,

then in addition to any other action which may be taken against the prisoner the prisoner shall not be allocated any work and shall not be credited with any gratuity.

[Regulation 45B inserted in Gazette 11 May 1990 p. 2267.]

45C.Medically unfit prisoner

(1)A prisoner shall not be transferred from a particular level of work to a lower level of work by reason only that the prisoner is temporarily medically unfit.

(2)Notwithstanding any thing in regulation 45B a prisoner who is temporarily medically unfit may during that period be credited with the gratuity that applies to the level of labour to which the prisoner is normally allocated.

[Regulation 45C inserted in Gazette 11 May 1990 p. 2267.]

45D.Proportionate payment and public holiday

(1)Subject to these regulations where a prisoner is not allocated a particular level of work for a whole week the gratuity that may be credited to the prisoner in that week shall be in proportion to the time in that week spent by the prisoner on the duties of the level or levels in question.

(2)Where a prisoner is normally allocated any level of work the prisoner may be credited with the gratuity applicable in relation to that level for every day that is a public holiday in the part of the State in which the prison where he or she is confined is situate notwithstanding that the prisoner does not perform any work on such a day.

[Regulation 45D inserted in Gazette 11 May 1990 p. 2267.]

45E.Extra or lower gratuities

Notwithstanding anything in regulations 44 to 45D the chief executive officer may at the absolute discretion of the chief executive officer determine that the gratuity to be credited to a prisoner —

(a)shall be higher than the rate prescribed under these regulations in relation to the level of work performed by the prisoner; or

(b)if the chief executive officer is of the opinion that a prisoner is not carrying out the duties of a particular level of work in a satisfactory manner, shall be at a lower rate than the level prescribed in relation to the level of work normally performed by the prisoners.

[Regulation 45E inserted in Gazette 11 May 1990 p. 2267.]

46.Classification and gratuity records

The superintendent shall cause to be kept for each prisoner —

(a)a record showing the level of labour allocated to the prisoner from time to time and the amount of gratuities which have been credited to him and the details of all transactions involving that prisoner’s gratuities (such record to be known as the prisoner’s “gratuity card”); and

(b)a record showing the amount of all moneys held or received on behalf of a prisoner and the details of all transaction involving such moneys.

[Regulation 46 amended in Gazette 11 May 1990 p. 2267.]

47.Expenditure of gratuities

(1)A prisoner may spend from gratuities to his credit such amounts and on such purchases as may be approved by the superintendent from time to time.

(2)A prisoner may apply to the superintendent to expend or transfer moneys held on his behalf for a specified purpose and the superintendent may authorise such expenditure or transfer.

(3)The transfer of any moneys from one prisoner to another shall not be authorised by the superintendent unless he is satisfied that the transfer is for a proper purpose.

48.Restriction on money held for prisoner

(1)The chief executive officer may determine from time to time the amount of money (not including gratuities credited) which may be received and held on behalf of a prisoner.

(2)Notwithstanding any thing in regulation 47, the chief executive officer may determine that, subject to any further direction given by the chief executive officer in relation to any specified circumstances, gratuities credited to prisoners shall be retained in the account of the prisoner to such extent as is specified by the chief executive officer.

(3)Nothing in this regulation affects the provisions of regulations 49 and 73.

[Regulation 48 amended in Gazette 11 December 1987 p. 4369; 11 May 1990 p. 2267; 2 November 1999 p. 5475.]

49.Deductions respecting damage to Government property

The chief executive officer may order a deduction from the gratuities or other moneys credited to a prisoner for the purposes of defraying the costs of replacement or repair of any Government property which has been damaged, destroyed or lost by reason of any default of that prisoner.

[Regulation 49 amended in Gazette 11 December 1987 p. 4369; 2 November 1999 p. 5475.]

[49A.Inserted in Gazette 2 November 1999 p. 5473 (disallowed by resolution dated 15 December 1999 published in Gazette 21 December 1999 p. 6417).]

50.Payment of gratuities on discharge

Subject to the making of any deductions authorised under these regulations the gratuities credited to a prisoner and other moneys held on his behalf shall be made available to the prisoner upon his discharge or as soon as practicable thereafter.

51.Provision of information to prisoners

(1)A prisoner who so requests shall at a time convenient to the superintendent be informed of —

(a)the contents of the warrant or other instrument by which he is held in custody;

(b)where those dates are able to be reckoned his anticipated date of discharge or the date upon which he becomes eligible for release on parole;

(c)the information recorded on his gratuity card; and

(d)the details contained in the records referred to in regulations 35 and 46.

(2)The superintendent need not agree to a request made under subregulation (1) if the request appears to him to be vexatious.

52.Visits to sentenced prisoners

Subject to section 66 of the Act, a prisoner under sentence of imprisonment or detention shall be permitted to receive visits from his friends and relations —

(a)as soon as practicable after his admission to prison in accordance with the rules prescribed for the prison in which that prisoner is confined;

(b)weekly thereafter in accordance with the rules prescribed for that prison; and

(c)at such other times as may be authorised by the superintendent.

[Regulation 52 amended in Gazette 22 April 1983 p. 1250.]

53.Visits — general

(1)Subject to section 62 of the Act and subregulation (3), every visit to a prisoner shall take place in the presence of or under the general supervision of a prison officer in such area, or areas, of the prison as are designated for the purpose by the superintendent.

(2)Subject to section 63 of the Act a prisoner may refuse to see or to speak to any visitor.

(3)Every visit to a prisoner shall be a contact visit unless the superintendent determines that, for the purpose of the preservation of the good order and security of the prison, the visit shall be a non‑contact visit.

[Regulation 53 amended in Gazette 2 November 1999 p. 5474.]

53A.Visitors may be required to produce evidence of identity

(1)A visitor to a prisoner who makes and signs a declaration under section 60 of the Act may be required by the superintendent, or an officer appointed by the superintendent for the purposes of that section of the Act, to produce evidence of his or her identity at the time of making and signing the declaration.

(2)In subregulation (1) —

“evidence of his or her identity” includes a passport, an Australian citizenship certificate, a driver’s licence, a Medicare card or any other form of identification that the superintendent or officer considers satisfactory.

[Regulation 53A inserted in Gazette 19 March 1996 p. 1241.]

54.Form of visitor’s declaration

For the purposes of section 60 of the Act, the form of the declaration to be made and signed by a visitor to a prisoner shall be in accordance with Form 2 in the Schedule.

54A.Prescribed prisons for purposes of section 60

For the purposes of section 60 of the Act, the following prisons are prescribed —

(a) Albany Regional Prison;

(b)Bandyup Women’s Prison;

(c)Bunbury Regional Prison;

(d)Canning Vale Prison;

(e)Casuarina Prison;

(f)Greenough Regional Prison; and

(g)The C. W. Campbell Remand Centre.

[Regulation 54A inserted in Gazette 24 December 1982 p. 4907; amended in Gazette 19 March 1996 p. 1241.]

54B.Prisoner under sentence of death

A prisoner under sentence of death shall be subject to the regulations applying to a prisoner under sentence of imprisonment.

[Regulation 54B inserted in Gazette 22 April 1983 p. 1250.]

54C.Separation of prisoners

(1)The chief executive officer may, where he is of the opinion that the management, control or security of a prison or of the prisoners therein requires —

(a)that prisoners of a particular category or description be confined in a separate part of the prison —

(i)by instrument in writing declare that a part of the prison specified in the instrument is set aside for the confinement of that particular category or description of prisoner;

(ii)from time to time determine the prisoners who shall be confined in that part of the prison; and

(iii)by order under section 35 of the Act make provision for the management, control, security and routine in that part of the prison and of the prisoners confined in that part;

(b)that special provision be made for prisoners of a particular category or description —

(i)by order under section 35 of the Act make provision for the management, control, security and routine of such prisoners; and

(ii)from time to time determine the prisoners to whom those provisions shall apply.

(2)The chief executive officer may by instrument in writing amend, or revoke a declaration under subregulation (1)(a)(i) or may revoke the declaration and substitute another declaration for it.

(3)Nothing in subregulation (1) affects the application of these regulations to any prisoner but, subject to that limitation, the provisions as to management, control, security and routine —

(a)applicable in a part of a prison set aside under subregulation (1)(a)(i) and to the prisoners confined in that part; or

(b)applicable under subregulation (1)(b) to prisoners of a particular category or description,

may differ from those applicable in other parts or another part of the prison or to other prisoners or prisoners of another category or description.

[Regulation 54C inserted in Gazette 25 March 1988 p. 898; amended in Gazette 2 November 1999 p. 5475.]

Part VI — Remand prisoners

55.Remand prisoners

A person (not otherwise a prisoner) who is —

(a)on commitment for trial for an indictable offence and awaiting trial or during his trial or on remand;

(b)committed to prison pending or during proceedings or the hearing of information or complaint under the provisions of the Justices Act 1902; or

(c)on commitment to await extradition or any other commitment,

is referred to in these regulations as a prisoner on remand and shall be treated accordingly.

56.Visits to remand prisoners

Subject to section 66 of the Act, a prisoner on remand shall be permitted to receive visits from friends and relations —

(a)as soon as practicable after his admission to prison in accordance with the rules prescribed for the prison in which that prisoner is confined;

(b)daily thereafter in accordance with the rules prescribed for that prison; and

(c)at such other times as may be authorised by the superintendent.

57.Separation of remand prisoners

A prisoner on remand shall as far as practicable and where the interests of security permit, be kept separate from sentenced prisoners.

58.Request for reclassification by remand prisoners

A prisoner on remand may apply in writing to the chief executive officer, to be treated as a sentenced prisoner and if such application is granted may be treated accordingly.

[Regulation 58 amended in Gazette 11 December 1987 p. 4369; 2 November 1999 p. 5475.]

59.Exercise by remand prisoners

Consistent with his detention in secure custody, a prisoner on remand shall be permitted to take such air and exercise as the superintendent considers necessary.

60.Clothing of remand prisoners

(1)Subject to any direction to the contrary made by the superintendent in the interests of prison security, a prisoner on remand may wear his own clothing unless that clothing is inadequate, unfit to be worn, or required to be preserved for the purposes of justice, in any of which cases the prisoner may be required to wear prison clothing.

(2)A prisoner who wears his own clothing shall —

(a)clean and maintain that clothing himself;

(b)not part with the possession of or destroy any item of his clothing without the approval of the superintendent; and

(c)have his clothing in his possession entirely at his own risk.

61.Remand prisoner to clean cell

A prisoner on remand shall keep his cell and any other areas used by remand prisoners in a thorough state of cleanliness.

62.Haircuts etc., of remand prisoners

A prisoner on remand shall not be required to have his hair cut or to cut or shave his beard or moustache unless the prison medical officer or the medical officer otherwise directs in the interests of the health or cleanliness of the prisoner or the prison.

[Part VII repealed in Gazette 22 April 1983 p. 1250.]

Part VIII — Prison offences

66.Determination of prison offences

Where a prison offence is dealt with before the superintendent or a visiting justice and the prisoner charged denies the truth of the charge, the procedure subject to section 76 of the Act shall be as follows —

(a)the prosecuting prison officer shall state the case against the prisoner and call any witnesses in support of the charge;

(b)the superintendent or visiting justice may take evidence on oath, affirmation or otherwise at his discretion;

(c)the prosecuting prison officer shall conduct the examination in chief of each witness and the prisoner may cross‑examine each witness;

(d)the prosecuting prison officer shall be permitted to re‑examine each witness on matters arising out of cross‑examination;

(e)the prosecuting prison officer shall then close his case; and

(f)the prisoner shall then give evidence on his own behalf or call his witnesses and paragraphs (c), (d) and (e) shall apply subject to necessary modification.

67.Conduct of proceedings

(1)The superintendent or the visiting justice —

(a)shall conduct proceedings expeditiously and without undue adjournment or delay;

(b)shall keep or cause to be kept an adequate record of proceedings;

(c)may question a witness called; and

(d)may direct that a particular witness be called or call and question a witness.

(2)The prosecuting prison officer and the prisoner charged shall be permitted to question any witness called and questioned under subregulation (1)(d).

68.Separate confinement in punishment cell

A penalty of separate confinement in a punishment cell imposed upon a prisoner shall be served in a cell which has been certified by the chief executive officer in writing as fit for that purpose.

[Regulation 68 amended in Gazette 11 December 1987 p. 4369; 2 November 1999 p. 5475.]

69.Calculation of separate confinement in punishment cell

(1)A penalty of separate confinement in a punishment cell for a specified number of days (or the total number of days imposed under section 78(2) of the Act) shall be deemed to have commenced to run from 1 p.m. on the day that the penalty was imposed and shall determine at 1 p.m. on the day that the penalty determines.

(2)A penalty of separate confinement in a punishment cell for a specified number of hours during a weekend shall be served during the hours specified in the order.

70.Confinement in sleeping quarters

A penalty of confinement in sleeping quarters imposed upon a prisoner shall be served in the cell or quarters allocated to that prisoner prior to the commission of the offence.

71.Calculation of confinement in sleeping quarters

A penalty of confinement in sleeping quarters for a specified number of hours or days shall be reckoned from the time of pronouncement of that penalty.

72.Separate confinement under section 43

Where the chief executive officer orders the separate confinement of a prisoner under section 43 of the Act, the separate confinement shall (subject to that provision) be undergone in the cell and for the period specified in the order and shall be subject to the regimen set down in the order.

[Regulation 72 amended in Gazette 11 December 1987 p. 4369; 2 November 1999 p. 5475.]

73.Penalties of restitution and cancellation of gratuities

(1)Where the penalty of restitution is imposed upon a prisoner in respect of a prison offence, the chief executive officer shall give effect to the penalty and shall authorise the deduction to be made from the gratuities credited or to be credited to the prisoner or from other moneys held on his behalf.

(2)Where a prisoner has his gratuities cancelled for a period not exceeding 14 days in respect of a prison offence that prisoner shall for that period be classified into the fourth class but shall continue to work.

[Regulation 73 amended in Gazette 11 December 1987 p. 4369; 2 November 1999 p. 5475.]

Part IX — Death of prisoner

74.Procedure on death of prisoner

(1)Except in the case of the execution of the punishment of death, the prison medical officer or the medical officer shall upon the death of a prisoner record —

(a)the time of death and the time of certification of death;

(b)the nature of illness or other apparent cause of death;

(c)the progression of any illness suffered by the prisoner; and

(d)any other remarks which he considers necessary.

(2)As soon as practicable after the requirements of subregulation (1) have been met, the prison medical officer or medical officer shall submit his remarks and record of the death to the chief executive officer.

[Regulation 74 amended in Gazette 11 December 1987 p. 4369; 2 November 1999 p. 5475.]

75.Notice of death of prisoner

(1)Upon the death of a prisoner, the superintendent shall forthwith give notice of the death to the chief executive officer and to the officer in charge of the nearest police station.

(2)Upon the death of a prisoner who is serving all or part of his sentence in a lock‑up, the officer in charge of that lock‑up shall forthwith give notice of the death to the superintendent of the nearest prison.

[Regulation 75 amended in Gazette 11 December 1987 p. 4369; 2 November 1999 p. 5475.]

Part X — Prison visitors

76.Visits by prison visitor

Where a prison visitor has given notice of his intention to visit a prison the superintendent shall cause a notice of the intended visit to be published within the prison.

77.Interviews by prison visitor

(1)The superintendent shall bring to the attention of the prison visitor the names of any prisoner or officer who has requested to see the prison visitor and shall make the necessary arrangements to enable the prison visitor to interview such prisoner or officer at the prison.

(2)The prison visitor may interview an officer in private.

(3)Subject to any direction to the contrary made by the superintendent in the interests of security, the prison visitor may interview a prisoner within the view but not the hearing of an officer.

Part XI — Searches and examinations

78.Duties as to search of prisoners

(1)Each prisoner shall be searched on his admission to prison and immediately before his discharge from prison and may be searched on such other occasions and in such manner as may be considered necessary by the superintendent.

(2)A prison officer may search any prisoner in his charge or under his supervision and where prisoners have left or returned to a prison or have been transferred between prisons, a prison officer shall search each prisoner.

(3)A prisoner shall not be stripped of his clothing and searched unless the superintendent (or where the superintendent is unable to be contacted an officer of or above the rank of senior officer) has so ordered and any prison officer involved in such a search shall make a written report of the search and forward it to the superintendent.

(4)A search of a prisoner shall be conducted with regard to decency and self‑respect and, subject to subregulation (5), the prisoner shall not be stripped of his clothing and searched in the sight or the presence of a person of the opposite sex and, where practicable, no prisoner shall be stripped in the presence of another prisoner.

(5)The superintendent may request the presence of the prison medical officer or medical officer during the search of a prisoner.

79.Examination of articles under section 49

(1)Where the superintendent requires an examination of any article in the possession or under the control of a person pursuant to section 49 of the Act, he shall before directing any examination —

(a)inform the person of his authority to require and direct an examination; and

(b)ask the person whether he has in his possession or under his control any article which may jeopardise the good order of security of the prison and if so to produce such article.

(2)An examination of an article under subregulation (1) shall be conducted expeditiously and in the presence of the person referred to in that subregulation.

(3)Where any article is seized after an examination, the superintendent shall as soon as practicable notify the chief executive officer who shall make a direction under section 49(5) of the Act.

[Regulation 79 amended in Gazette 11 December 1987 p. 4369; 2 November 1999 p. 5475.]

80.Searching persons under section 49

(1)Where the superintendent requires a search of a person pursuant to section 49 of the Act, he shall before directing any search —

(a)inform the person of his authority to require and direct the search;

(aa)inform the person that if the person refuses to permit a search the superintendent may, under section 49(3) of the Act, refuse to admit that person to or cause the person to be removed from the prison;

(b)inform the person of the requirement in the particular case and the reason therefor;

(c)ask the person whether he has in his possession any article which may jeopardise the good order or security of the prison and if so to produce such article; and

(d)provide the person with the opportunity to respond and record the response to the request.

(2)Where in the opinion of the superintendent a search of the person is necessary, he may then direct that a search of the person take place.

(3)A person who is about to be searched —

(a)may request that someone of the same sex who has accompanied that person to the prison or some other person of the same sex (not being a prisoner) who is then at the prison be present during the search; and

(b)shall be informed of the provisions of paragraph (a).

(4)A search of a person shall be conducted expeditiously and with regard to decency and self‑respect and subject to section 49(4) of the Act shall be conducted by a person of the same sex as the person searched.

(5)Where any article is seized after a search, the superintendent shall as soon as practicable notify the chief executive officer who shall make a direction under section 49(5) of the Act.

(6)This regulation applies in the case of a search consisting of a search of the hair of the head, clothing and footwear of a person by hand or by means of apparatus approved by the chief executive officer.

[Regulation 80 amended in Gazette 11 December 1987 p. 4369; 2 November 1999 pp. 5474 and 5475.]

81.Regulation of strip searches under section 49

(1)Where the superintendent requires a search of a person pursuant to section 49 of the Act and that person is required to remove any clothing for the purposes of the search then, in addition to the requirements set down in regulation 80(1) and (3) —

(a)the superintendent may request the presence of the prison medical officer or medical officer during the search;

(b)the search shall be conducted in the presence of not more than 2 officers unless the superintendent orders otherwise in the interests of security of the prison or to overcome actual resistance offered to the search.

(2)Subject to section 49(4) of the Act and to subregulation (1)(a), a search under this regulation shall not be conducted by or in the presence or within the sight of any person who is not of the same sex as the person being searched.

(3)A search of a person shall be conducted expeditiously, with regard to decency and self‑respect and in accordance with any relevant rules or standing orders.

(4)The superintendent shall keep or cause to be kept a record of every search of a person pursuant to section 49 of the Act where the person is required to remove any clothing and the record shall include —

(a)the name and address of the person;

(b)the identity of the prisoner that the person was visiting, or intended to visit;

(c)the nature of the search;

(d)a description of any article seized; and

(e)any other relevant details.

(5)Where any article is seized after a search under this regulation, the superintendent shall as soon as practicable notify the chief executive officer who shall make a direction under section 49(5) of the Act.

(6)This regulation applies in the case of a search where a person is required to undress and be searched visually and by hand and in the case of an examination of body orifices.

[Regulation 81 amended in Gazette 11 December 1987 p. 4369; 2 November 1999 pp. 5474 and 5475.]

Part XIA — Canine section

[Heading inserted in Gazette 7 October 1997 p. 5609.]

81A.Interpretation of Part

In this Part —

“allocated” means allocated in accordance with regulation 81B(2)(a);

“approved” means approved in writing by the chief executive officer;

“canine section” means the canine section referred to in regulation 81B;

“dog handler” means a prison officer who is a member of the canine section;

“prison dog” means a dog approved in accordance with regulation 81C.

[Regulation 81A inserted in Gazette 7 October 1997 pp. 5609‑10.]

81B.The canine section

(1)There shall be a canine section which comprises —

(a)prison officers trained as dog handlers, in accordance with a training programme approved by the chief executive officer; and

(b)prison dogs.

(2)The officer in charge of the canine section shall be responsible for —

(a)the allocation of the responsibility for each prison dog to a particular dog handler; and

(b)the deployment of prison dogs and dog handlers.

[Regulation 81B inserted in Gazette 7 October 1997 p. 5610.]

81C.Prison dogs

(1)A dog is approved for use by a prison officer in carrying out drugs searches for the purposes of the definition of “prison dog” in section 49A of the Act if that dog —

(a)has completed an approved training programme; and

(b)is approved for use as a prison dog, following completion of an approved assessment course.

(2)The chief executive officer shall not approve a dog for use as a prison dog unless the last former owner of the dog, if known, has relinquished in writing all rights to the dog.

[Regulation 81C inserted in Gazette 7 October 1997 p. 5610.]

81D.Authorised manner for prison officer to use prison dog

For the purposes of section 49A(2) of the Act, a prison dog shall be taken to have been used by a prison officer in an authorised manner if —

(a)the prison officer is the dog handler who has been allocated responsibility for the prison dog;

(b)the dog is under the control of the dog handler; and

(c)the use of the prison dog is in accordance with any relevant rules.

[Regulation 81D inserted in Gazette 7 October 1997 p. 5610.]

81E.Particular duties of dog handlers

(1)A dog handler who has been allocated responsibility for a particular prison dog is to ensure that no other person has access to, or control of, that dog, other than in accordance with the directions of the officer in charge of the canine section.

(2)The dog handler who has been allocated responsibility for a particular prison dog shall —

(a)be responsible for the daily care, handling and training of that dog;

(b)so far as is practicable, ensure that the dog maintains a high level of obedience at all times; and

(c)report any problems with the dog to the officer in charge of the canine section.

(3)A dog handler who has been allocated responsibility for a particular prison dog shall keep that dog on a lead at all times except —

(a)in emergency circumstances; or

(b)when, in the opinion of the handler, leaving the dog off a lead does not pose a risk of the dog attacking any person.

[Regulation 81E inserted in Gazette 7 October 1997 p. 5610‑11.]

81F.Periodic inspections of operations of canine section

The chief executive officer shall ensure that periodic inspections of the operations of the canine section are carried out by an appropriate officer.

[Regulation 81F inserted in Gazette 7 October 1997 p. 5611.]

Part XII — Inquiries under section 9 of Act

82.Appearance before section 9 inquiry

A person appointed by the chief executive officer to conduct an inquiry under section 9 of the Act may —

(a)issue a notice in Form 3 of the Schedule, requiring the appearance of any officer or prisoner before the inquiry;

(b)charge any officer with the execution of the service of that notice upon the officer or prisoner to whom it is addressed; and

(c)appoint an officer to assist the inquiry.

[Regulation 82 amended in Gazette 11 December 1987 p. 4369; 2 November 1999 p. 5475.]

83.Conduct of section 9 inquiry

A person appointed by the chief executive officer to conduct an inquiry under section 9 of the Act shall —

(a)ensure that an officer or person appearing before the inquiry is aware of the subject of the inquiry and understands his obligations under the Act;

(b)conduct the inquiry in a full and objective manner and without undue adjournment or delay;

(c)keep or cause to be kept an adequate record of proceedings;

(d)provide the opportunity for persons other than those whose appearance has been required to attend before the inquiry; and

(e)report in writing to the chief executive officer at the conclusion of the inquiry or at any such other time or times as the chief executive officer may require.

[Regulation 83 amended in Gazette 11 December 1987 p. 4369; 2 November 1999 p. 5475.]

84.Duty of reporting officer

Where before an inquiry set up under section 9 of the Act an officer or prisoner fails to give information or answer a question required by a person appointed to conduct the inquiry or gives any information or answer that in the opinion of the person conducting the inquiry is false in any particular, he shall forthwith report the full details of such failure or falsehood to the chief executive officer.

[Regulation 84 amended in Gazette 11 December 1987 p. 4369; 2 November 1999 p. 5475.]

Part XIII — Miscellaneous

85.Provisions as to certain prisoners

The Commissioner of Police shall be responsible for the management and routine of prisoners confined in police lock‑ups.

85A.Identification system for persons entering specified prisons

(1)A person shall not be permitted to enter a prison specified in the Table to this regulation unless he is stamped by an officer on a visible part of his skin with an identification mark that is visible under an ultraviolet lamp.

(2)Subregulation (1) does not apply to —

(a)a person who is in possession of a current identification card issued by the Department to that person; or

(b)a child under 12 years of age.

(3)A person who is admitted to a prison specified in the Table to this regulation may be required to submit to, and satisfy, a system for checking the identification mark applied under subregulation (1) before being permitted to leave the prison, and an officer may have reasonable physical contact with such a person for this purpose.

Table

Casuarina Prison

[Regulation 85A inserted in Gazette 27 March 1992 p. 1343.]

86.Publication of contracts: s. 15G(5)(b)

(1)This regulation applies if, under section 15G(5)(a) of the Act, the Clerk of the Legislative Assembly or the Clerk of the Legislative Council receives a copy of a contract or a contract as amended (the “contract”).

(2)The Clerk is to cause to be published in the Gazette within 14 days of receiving the contract a notice setting out —

(a)the date on which the contract was received by the Clerk;

(b)the contract’s name or a brief description of the contract’s contents;

(c)the date of the contract or the date on which the contract was amended, as is relevant to the case;

(d)the parties to the contract; and

(e)details as to where and when the contract can be inspected by members of the public.

(3)The Clerk is to ensure that the contract can be inspected by any person during office hours.

(4)Copies or extracts may be taken from the contract.

[Regulation 86 inserted in Gazette 17 December 1999 p. 6226.]

87.Guidelines about conflicts of interest in relation to the Inspector of Custodial Services and staff

(1)In this regulation —

“member of the Inspector’s staff” means a person referred to in section 109H(1), (2) or (3) of the Act.

(2)The Inspector is to prepare guidelines for the purpose of preventing the Inspector and any member of the Inspector’s staff from performing a function of the Inspector under Part XA of the Act or any other law if that person has or acquires an interest, pecuniary or otherwise, in relation to the function that could conflict with the proper performance of the function.

(3)The Inspector is to ensure that the guidelines are published in the Gazette —

(a)before any inspection is undertaken under Part XA of the Act or any other law; and

(b)no later than 3 months after the Inspector’s appointment.

[Regulation 87 inserted in Gazette 7 July 2000 pp.3684‑5.]

Schedule

Form 1

[Regs. 27, 28]

Prisons Act 1981

Prisons Regulations 1984

Superintendent,

....................................................................... Prison.

I, .......................................................................................................... (full name)

being a person appointed as an analyst under the Health Act 1911 and employed at the ................................................... (Name of approved analysis agent)

CERTIFY THAT:

(1)On the ................................. day of ................................. 20 ............ I received a sample of ....................................................................... from ................................................................................................... in a sealed container and bearing, inter alia,

................................................................................. Prisoner’s name

........................................................................... Officer took sample

.............................................................. Time and date sample taken

(2)I certify that I have analysed the said sample and the result of such analysis is as follows —

............................................................................................................

DATED this ..................................... day of ......................................... 20 ...........

...................................................................................................................

AnalystLaboratory Number

Form 2

[Regulation 54]

Prisons Act 1981

Prisons Regulations 1982

DECLARATION UNDER SECTION 60 OF THE
PRISONS ACT 1981

IMPORTANT INFORMATION

When you make a declaration under section 60 of the Prisons Act 1981 you may be required to produce evidence of your identity.

It is an offence to make a declaration under section 60 of the Prisons Act 1981 which is false in a material particular and the maximum penalty for doing so is a fine of $1 500 or 18 months’ imprisonment, or both the fine and imprisonment.

1.I declare that my full name and address and date of birth are .....................

......................................................................................................................

(Print your given name(s) and family name, current address and date of birth)

2.I wish to visit prisoner .................................................................................

(Print the name of the prisoner you wish to visit)

3.(Complete paragraph (a) or (b) if you are a relation or friend of the prisoner you wish to visit)

(a)I am a relation of the prisoner as I am the prisoner’s

......................................................................................................................

(State your relationship to the prisoner)

(b)I am a friend of the prisoner and I have known the prisoner for

......................................................................................................................

(State the number of years or months that you have known the prisoner)

4.The purpose of my visit to the prisoner is ...................................................

......................................................................................................................

(State the purpose of your visit to the prisoner)

5.I have been informed that I am required to make this declaration under section 60 of the Prisons Act 1981 and I understand that a person who makes a declaration under that section which is false in a material particular commits an offence.

......................................................................................................................

(Signature of person making this declaration)

Made the ...................................... day of .................................... 20 ..........

In the presence of .........................................................................................

(Print name of witness)

......................................................................................................................

(Signature of witness)

VISITOR’S IDENTIFICATION: official use only

Driver’s licence no:Date of issue:Date of expiry:

Medicare card no:Date of issue:Date of expiry:

Passport no:Date of issue:Date of expiry:

Citizenship certificate no:Date of issue:

Other identification:

Form 3

[Reg. 82]

Prisons Act 1981

Prisons Regulations 1982

INQUIRY BY REPORTING OFFICER

To: ..........................................................................................................................

(person required to attend inquiry)

WHEREAS on .............................................................. and pursuant to section 9 of the Prisons Act 1981, I (A.B. ) was appointed by the chief executive officer of the Department to INQUIRE into:

................................................................................................................................

(here state concisely the matter, incident or occurrence concerning the security or good order of the prison or concerning the prisoner or prisoners).

AND TO REPORT upon the subject of this inquiry to the chief executive officer.

TAKE NOTICE that you are required to appear before the inquiry at .................. on ................. day, the ........................... day of .............................. and there and then give such information as may be required and to answer such questions as may be put in relation to the subject of this inquiry.

By section 10 of the Prisons Act 1981 an officer required to give any information or to answer any question and who without reasonable excuse fails to give that information or gives any information or answer that is false in any particular, commits an offence and is liable on conviction to a penalty not exceeding $300.

A prisoner who commits that offence is guilty of an aggravated prison offence and liable to be punished accordingly.

GIVEN under my hand this ........................ day of .................................. 20 .......

............................................................. (A.B. ).

[Schedule amended in Gazette 24 December 1982 p. 4907; 17 August 1984 p. 2450; 11 December 1987 p. 4369; 9 August 1991 p. 4113; 8 November 1991 p. 5721; 19 March 1996 pp. 1241‑2; 13 September 1996 p. 4570; 2 November 1999 p. 5475.]

dline

Notes

1This reprint is a compilation as at 9 March 2001 of the Prisons Regulations 1982 and includes the amendments effected by the regulations referred to in the following Table.

Table of Regulations

Citation	Gazettal	Commencement	Miscellaneous
Prisons Regulations 1982	23 July 1982 pp. 2905‑29	1 August 1982 (see regulation 1 and Gazette 23 July 1982 p. 2841)
Prisons Amendment Regulations 1982	24 December 1982 pp. 4906-07	24 December 1982 (see regulation 2)
Prisons Amendment Regulations 1983	22 April 1983 p. 1250	22 April 1983
Prisons Amendment Regulations 1984	17 August 1984 pp. 2449-50	17 August 1984
Prisons Amendment Regulations 1985	12 April 1985 p. 1283	12 April 1985
Reprinted as at 20 May 1986 Published in Gazette 5 June 1986 pp. 1849-77
Prisons Amendment Regulations 1987	11 December 1987 pp. 4368‑9	11 December 1987
Prisons Amendment Regulations 1988	26 February 1988 p. 604	26 February 1988
Prisons Amendment Regulations (No. 2) 1988	25 March 1988 p. 898	25 March 1988
Prisons Amendment Regulations (No. 3) 1988	20 May 1988 p. 1668	20 May 1988
Prisons Amendment Regulations (No. 4) 1988	12 August 1988 p. 2699	12 August 1988
Prisons Amendment Regulations 1990	11 May 1990 pp. 2266‑7	18 May 1990
Prisons Amendment Regulations 1991	9 August 1991 p. 4113	9 August 1991
Prisons Amendment Regulations (No. 2) 1991	8 November 1991 p. 5721	8 November 1991
Prisons Amendment Regulations 1992	27 March 1992 pp. 1341‑3	1 April 1992 (see regulation 2 and Gazette 27 March 1992 p. 1341.)
Prisons Amendment Regulations 1994	28 June 1994 p. 3021	1 July 1994 (see regulation 2)	Transitional3
Prisons Amendment Regulations 1996	19 March 1996 pp. 1240‑2	19 March 1996
Prisons Amendment Regulations (No. 2) 1996	13 September 1996 pp. 4569‑70	13 September 1996
Reprinted as at 31 January 1997
Prisons Amendment Regulations 1997	7 October 1997 pp. 5609‑11	8 October 1997 (see regulation 2 and Gazette 7 October 1997 p. 5607)
Prisons Amendment Regulations 1999 (Disallowance published in Gazette 21 December 1999 p. 6417)	2 November 1999 pp. 5472-5	2 November 1999
Prisons Amendment Regulations (No. 3) 1999	17 December 1999 pp. 6225‑6	18 December 1999 (see regulation 2 and Gazette 17 December 1999 p. 6175)
Prisons Amendment Regulations (No. 2) 1999	7 April 2000 pp. 1819-23	7 April 2000
Prisons Amendment Regulations 2000	7 July 2000 pp. 3684-5	7 July 2000 (see regulation 2)

2Repealed by Associations Incorporations Act 1987 (No. 59 of 1987).

3Regulation 3(2) of the Prisons Amendment Regulations 1994 reads as follows —

“

(2)Despite subregulation (1), if —

(a)a prison officer receives any treatment under regulation 8(1); or

(b)a registered pharmaceutical chemist supplies any item under regulation 8(4),

of the Prisons Regulations 1982 before 1 July 1994, any subsequent steps in the procedures set out in regulation 8 of those regulations (including the making and disposal of a claim) may be taken in respect of that treatment or supply on or after 1 July 1994 as if regulation 8 of those regulations had not been repealed.

”.

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 TermProvision(s)

aggravated alcohol offence26

aggravated drug offence26

allocated81A

approved analysis agent2

approved26, 81A

canine section81A

contact visit2

contract86(1)

dog handler81A

evidence of his or her identity53A(2)

member of the Inspector’s staff87(1)

non‑contact visit2

organization2

prison dog81A

sweat patch26

By Authority: JOHN A. STRIJK, Government Printer