Inspector of Custodial Services Act 2003

Western Australia

CONTENTS

Part 1 — Preliminary

1.Short title2

2.Commencement2

3.Definitions2

4.Notes not part of the law4

Part 2 — Office of Inspector

Division 1 — Inspector

5.Office of Inspector continued5

6.Appointment of Inspector5

7.Conditions of appointment5

8.Oath or affirmation6

9.Removal of Inspector from office6

10.Portability of superannuation and other entitlements7

Division 2 — Acting appointments

11.Acting appointments made by Governor7

12.Acting appointments made by Inspector8

13.Matters relevant to all acting appointments8

14.Acting Inspector: functions etc.8

15.Savings8

Division 3 — Staff

16.Staff9

Part 3 — Relationship with Minister

17.Directions of Minister10

18.Minister to have access to information10

Part 4 — Functions and powers of Inspector

Division 1 — Functions

19.Inspection of places: mandatory12

20.Inspection report12

21.Inspection of places: occasional12

22.Review of custodial services: occasional12

23.Reporting on occasional inspections and reviews13

24.Providing reports, draft inspection reports to interested persons13

25.Notifications13

26.Relationship of Inspector’s functions to other laws14

Division 2 — Powers

27.Powers of Inspector14

28.Access to prisons etc.15

29.Access to detention centres etc.15

30.Access to court custody centres, lock‑ups etc.16

31.Matters relevant to access powers17

32.Offence to hinder etc. persons exercising access powers18

Part 5 — Reporting

33.Annual reporting19

34.Inspection reports and reports of occasional inspections and reviews20

35.Laying before Parliament annual reports, inspection reports and reports of occasional inspections and reviews20

36.Chief judicial officers to receive copy of inspection reports, reports of occasional inspections and reviews affecting the court21

37.Submissions in certain cases before completion of reports22

38.Reporting requirements under Financial Administration and Audit Act 198523

Part 6 — Independent visitor service

39.Appointment of independent prison visitors24

40.Duties of independent prison visitors24

41.Appointment of independent detention centre visitors25

42.Duties of independent detention centre visitors25

43.Inspector to deal with reports of independent prison visitors and independent detention centre visitors26

Part 7 — Disclosure of information

44.Disclosure of information permitted for consultation purposes28

45.Disclosure of certain other information permitted28

46.Disclosure of information permitted if in certain interests to do so29

47.Confidentiality30

48.Directions to not disclose information30

Part 8 — Other offences

49.Hindering and other offences31

50.Victimisation32

Part 9 — Miscellaneous

51.Security and safety considerations33

52.Protection from liability33

53.Documents sent to or by the Inspector not admissible33

54.Protection for proceedings in Cabinet34

55.Regulations34

56.Consequential amendments to other Acts and regulations34

57.Savings and transitional provisions35

Schedule 1 — Financial Administration and Audit Act 1985 application to the office of the Inspector

Division 13 — Reports of accountable officer of Office of Inspector of Custodial Services

62.Accountable officer of Office of Inspector of Custodial Services to report to Parliament36

63.Accountable officer to send accounts, etc. to Auditor General37

Schedule 2 — Consequential amendments to Acts and regulations

1.Anti‑Corruption Commission Act 1988 amended38

2.Constitution Acts Amendment Act 1899 amended38

3.Court Security and Custodial Services Act 1999 amended38

4.Freedom of Information Act 1992 amended39

5.Parliamentary Commissioner Act 1971 amended39

6.Prisons Act 1981 amended and savings provision40

54.Appointment of visiting justices40

7.Young Offenders Act 1994 amended and savings provision42

166.Appointment of visiting justices42

8.Prisons Regulations 1982 amended43

Part X — Independent prison visitors

76.Visits by independent prison visitors44

77.Interviews by independent prison visitors44

9.Public Sector Management (General) Regulations 1994 amended44

10.Salaries and Allowances Regulations 1975 amended45

11.State Superannuation Regulations 2001 amended45

Schedule 3 — Savings and transitional

1.Definitions46

2.Interpretation Act 1984 applies46

3.Persons holding offices under, or employed etc. for purposes of repealed provisions46

4.Reporting47

5.Calculating maximum period between inspections for first inspection of a place under this Act47

6.Independent prison visitors and independent detention centre visitors47

Defined Terms

Western Australia

Inspector of Custodial Services Act 2003

No. 75 of 2003

An Act to provide for an independent agency to inspect certain places where prisoners, detainees or other persons in custody are held and to review certain custodial services, to provide for an independent visitor service for prisons and detention centres, to consequentially amend various Acts and regulations, and for related purposes.

[Assented to 15 December 2003]

The Parliament of Western Australia enacts as follows:

Part 1 — Preliminary

1.Short title

This Act may be cited as the Inspector of Custodial Services Act 2003.

2.Commencement

This Act comes into operation on the day on which it receives the Royal Assent.

3.Definitions

In this Act, unless the contrary intention appears —

“CEO” has the meaning giving to that term in the Court Security and Custodial Services Act 1999 section 3;

“chief judicial officer of a court” has the meaning given to that term in the Court Security and Custodial Services Act 1999 section 3;

“court custodial services” has the meaning given to that term in the Court Security and Custodial Services Act 1999 section 3;

“court custody centre” has the meaning given to that term in the Court Security and Custodial Services Act 1999 section 3;

“court premises” has the meaning given to that term in the Court Security and Custodial Services Act 1999 section 3;

“custodial service”, in relation to a detention centre, means —

(a)the management, control or security of the centre; or

(b)the security, control, safety, care or welfare of detainees at the centre,

and includes an administrative arrangement in relation to a matter mentioned in paragraph (a) or (b);

“custodial service”, in relation to a prison, means —

(a)the management, control or security of the prison; or

(b)the security, control, safety, care or welfare of prisoners committed to the prison,

and includes an administrative arrangement in relation to a matter mentioned in paragraph (a) or (b);

“custodial service (CSCS Act)” has the meaning given to “custodial service” in the Court Security and Custodial Services Act 1999 section 3 and includes an administrative arrangement in relation to such a matter;

“detainee” means a person who is detained in a detention centre;

“detention centre” has the same meaning as it has in the Young Offenders Act 1994 section 3 and includes any other place where a detainee is detained under that Act that is managed or otherwise controlled by the chief executive officer as defined in that section;

“independent detention centre visitor” means a person appointed under section 41 to be an independent detention centre visitor;

“independent prison visitor” means a person appointed under section 39 to be an independent prison visitor;

“inspection report” means a report under section 20;

“Inspector” means the holder of the office of Inspector of Custodial Services continued by section 5;

“lock‑up” has the meaning given to that term in the Court Security and Custodial Services Act 1999 section 3;

Note:“lock‑up” in this Act does not include a lock‑up that is managed or controlled by the Commissioner of Police.

“person in custody” means —

(a)a person in custody as defined in the Court Security and Custodial Services Act 1999 section 3 for whom the CEO is responsible under that Act; or

(b)an intoxicated detainee as defined in the Court Security and Custodial Services Act 1999 section 3 for whom the CEO is responsible under that Act;

“prison” has the meaning given to that term in the Prisons Act 1981 section 3(1) and includes any other place where a prisoner is confined or kept under that Act that is managed or otherwise controlled by the chief executive officer as defined in that section;

“prisoner” has the meaning given to that term in the Prisons Act 1981 section 3(1);

“public service officer” has the meaning given to that term in the Public Sector Management Act 1994 section 3(1);

“staff”, in relation to the Inspector, means a person referred to in section 16(1), (2) or (3).

4.Notes not part of the law

Notes in this Act are provided to assist understanding and do not form part of the Act.

Part 2 — Office of Inspector

Division 1 — Inspector

5.Office of Inspector continued

The office of Inspector of Custodial Services created by the Prisons Act 1981 section 109A is continued.

6.Appointment of Inspector

(1)The Governor is to appoint an appropriately qualified person to the office of Inspector.

(2)The Public Sector Management Act 1994 does not apply to, or in relation to, the appointment of the Inspector and the Inspector is not subject to that Act.

(3)Subject to this Act, the Inspector holds office for such term of not more than 7 years as is specified in the appointment and is eligible for reappointment for one or more terms each of not more than 7 years.

(4)A person who is or has been within the preceding 3 years a member of the Parliament of the Commonwealth or any State or Territory cannot be appointed as Inspector.

7.Conditions of appointment

(1)The Inspector —

(a)is to be paid salary and allowances at the yearly rates that are determined by the Salaries and Allowances Tribunal established by the Salaries and Allowances Act 1975; and

(b)has the leave and other entitlements that are determined by the Governor and which cannot be reduced during a term of appointment.

(2)The salary and allowances payable to the Inspector are to be charged to the Consolidated Fund and this subsection appropriates the Consolidated Fund accordingly.

8.Oath or affirmation

(1)Before performing the functions of his or her office the Inspector is to take an oath or affirmation that he or she will faithfully and impartially perform the duties of the office, and that he or she will not, except in accordance with this Act, divulge any information received by him or her under this Act or any other law.

(2)The oath or affirmation is to be administered by the Governor.

9.Removal of Inspector from office

(1)The Governor may remove the Inspector from office —

(a)for —

(i)misbehaviour or incompetence; or

(ii)physical or mental incapacity, other than temporary illness, impairing the performance of the Inspector’s functions;

(b)if the Inspector becomes a bankrupt or applies to take the benefit of any law for the relief of bankrupt or insolvent debtors, compounds with his or her creditors or makes an assignment of salary for their benefit.

(2)In subsection (1)(a)(i) —

“misbehaviour” includes conduct that renders the Inspector unfit to hold office as Inspector even though the conduct does not relate to any function of the office.

10.Portability of superannuation and other entitlements

(1)If a public service officer is appointed to the office of Inspector he or she is entitled to retain all existing and accruing rights, including those as to superannuation, as if his or her service in that office were a continuation of his or her service as a public service officer.

(2)If a person ceases to hold the office of Inspector and becomes a public service officer, his or her service in that office is to be regarded as service in the Public Service for the purposes of determining his or her rights, including those as to superannuation, as a public service officer.

(3)If —

(a)immediately before his or her appointment the Inspector occupied an office under the Public Sector Management Act 1994 Part 3; and

(b)his or her term of office as Inspector expires by effluxion of time and he or she is not reappointed,

that person is entitled to be appointed to an office under the Public Sector Management Act 1994 Part 3 that is not lower in status than the office which he or she occupied immediately before the appointment to the office of Inspector.

Division 2 — Acting appointments

11.Acting appointments made by Governor

The Governor may appoint a person to act in the office of the Inspector —

(a)during a vacancy in the office; or

(b)during any period or during all periods when the person holding or appointed to act in that office is absent from duty or is for any other reason unable to perform the functions of the office.

12.Acting appointments made by Inspector

(1)If the Governor has not appointed a person under section 11 the Inspector may appoint a person to act in the office of the Inspector in the circumstances referred to in section 11(b) —

(a)for not more than 4 weeks at a time; and

(b)for not more than 6 weeks in a 12 month period.

(2)If the Inspector appoints a person under subsection (1) and the Governor later appoints a person under section 11 whose term of appointment is to begin before the term of the Inspector’s appointee has ended, the term of appointment of the Inspector’s appointee has no effect on and from the day when the term of the Governor’s appointee begins.

13.Matters relevant to all acting appointments

(1)A person who is or has been within the preceding 3 years a member of the Parliament of the Commonwealth or any State or Territory cannot be appointed to act in the office of Inspector.

(2)An appointment under section 11 or 12 may be made at any time and may be expressed to have effect only in the circumstances specified in the instrument of appointment.

14.Acting Inspector: functions etc.

A person who is acting in the office of Inspector is to perform all the Inspector’s functions and, when performing those functions, is subject to all relevant provisions of this Act and any other law applying to the Inspector.

15.Savings

The validity of anything done by or in relation to a person purporting to act in the office of Inspector under an appointment made under section 11 or 12 cannot be called in question on the ground that —

(a)the occasion for the appointment had not arisen;

(b)there is a defect or irregularity in the appointment;

(c)the appointment had ceased to have effect; or

(d)the occasion for the person to act had not arisen or had ceased.

Division 3 — Staff

16.Staff

(1)The staff necessary for the performance of the Inspector’s functions are to be appointed under the Public Sector Management Act 1994 Part 3.

(2)A person may be appointed or engaged for the purpose of giving expert advice or other assistance in relation to the performance of the Inspector’s functions.

(3)The Inspector may by arrangement with the relevant employer make use, either full‑time or part‑time, of the services of any officer or employee —

(a)in the Public Service;

(b)in a State agency or instrumentality; or

(c)otherwise in the service of the Crown in right of the State.

(4)The Inspector may by arrangement with —

(a)a department of the Public Service; or

(b)a State agency or instrumentality,

make use of any facilities of the department, agency or instrumentality.

(5)An arrangement under subsection (3) or (4) is to be made on such terms as are agreed to by the parties.

Part 3 — Relationship with Minister

17.Directions of Minister

(1)Except as provided in this section, the Inspector is not subject to direction by the Minister or any other person in the performance of the Inspector’s functions.

(2)The Minister may, in writing, direct the Inspector to —

(a)inspect a prison, detention centre, court custody centre or lock‑up;

(b)to review a custodial service in relation to a prison or detention centre or a custodial service (CSCS Act) or an aspect of that service,

and report on a specified matter of significance.

(3)The Minister, after consultation with the Inspector, may issue to the Inspector written directions as to the performance of any of the Inspector’s functions but a direction cannot be issued in respect of a particular case.

(4)The text of each direction under subsection (2) or (3) is to be included in the Inspector’s annual report under section 33.

(5)The Inspector must comply with a direction under subsection (2) or (3) unless, in the Inspector’s opinion, there are exceptional circumstances for not complying.

(6)If the Inspector refuses to comply with a direction under subsection (2) or (3) he or she must prepare written reasons for the failure to comply and cause the text of those reasons to be included in the Inspector’s annual report under section 33.

18.Minister to have access to information

(1)Subject to this section the Minister is entitled —

(a)to have information in the possession of the Inspector; and

(b)where the information is in or on a document, to have, and make and retain copies of, that document.

(2)For the purposes of subsection (1) the Minister may —

(a)request the Inspector to furnish information to the Minister;

(b)request the Inspector to give the Minister access to information;

(c)for the purposes of paragraph (b) make use of the Inspector’s staff to obtain the information and furnish it to the Minister.

(3)The Inspector must comply with a request under subsection (2) and make his or her staff and facilities available to the Minister for the purposes of subsection (2)(c) unless, in the Inspector’s opinion, it would not be in the public interest to provide the information.

(4)If the Inspector refuses to comply with a request under subsection (2) he or she must prepare written reasons for the failure to comply and cause the text of those reasons to be included in the Inspector’s annual report under section 33.

(5)In this section —

“document” includes any tape, disc or other device or medium on which information is recorded or stored;

“information” means information specified, or of a description specified, by the Minister that relates to the Inspector’s functions.

Part 4 — Functions and powers of Inspector

Division 1 — Functions

19.Inspection of places: mandatory

At least once every 3 years the Inspector is to inspect each —

(a)prison;

(b)detention centre;

(c)court custody centre; and

(d)lock‑up.

20.Inspection report

(1)The Inspector is to prepare an inspection report on his or her findings in relation to each inspection under section 19.

(2)An inspection report may contain such advice or recommendations as the Inspector considers appropriate in relation to the findings.

21.Inspection of places: occasional

In addition to the requirement to inspect a place under section 19, the Inspector may inspect the place at any other time and on any number of occasions.

22.Review of custodial services: occasional

The Inspector may, at any time, review any of the following or any aspect of the following —

(a)a custodial service in relation to a prison;

(b)a custodial service in relation to a detention centre;

(c)a custodial service (CSCS Act).

23.Reporting on occasional inspections and reviews

The Inspector may, at any time, report to the Minister on any matter relating to an inspection under section 21 or a review under section 22 and give advice or make recommendations as the Inspector considers appropriate in relation to the matter.

24.Providing reports, draft inspection reports to interested persons

The Inspector may, at any time, deliver to the Minister or any other person having an interest in the subject matter of the document —

(a)a draft inspection report; or

(b)a report prepared by the Inspector on a matter relating to an inspection under section 21 or a review under section 22.

25.Notifications

(1)Subject to subsection (2), it is not necessary for any person to be given notice of the Inspector’s intention to perform any of the Inspector’s functions.

(2)The Inspector is to give, within a reasonable time, the chief judicial officer of a court written notice of the Inspector’s intention —

(a)to inspect a court custody centre that is part of the court premises; or

(b)to review any court custodial services, or any aspect of court custodial services, affecting the court.

(3)The Inspector is to consult the chief judicial officer of a court in relation to —

(a)an inspection of a court custody centre that is part of the court premises; and

(b)a review of any court custodial services, or any aspect of court custodial services, affecting the court.

26.Relationship of Inspector’s functions to other laws

(1)The Inspector is to ensure that the performance of any of the Inspector’s functions is not likely to delay, interfere with or duplicate —

(a)an inquiry under the Prisons Act 1981 section 9;

(b)an inquiry under the Court Security and Custodial Services Act 1999 section 44;

(c)an investigation, or the taking of further action, as defined in the Anti‑Corruption Commission Act 1988 section 17, by the Anti‑Corruption Commission under that Act; or

(d)an investigation by the Parliamentary Commissioner for Administrative Investigations under the Parliamentary Commissioner Act 1971.

(2)The Inspector may refer a complaint or grievance concerning a particular individual to the Parliamentary Commissioner for Administrative Investigations or any other government agency having a function to deal with the matter but it is not a function of the Inspector to deal with the matter other than —

(a)to inform the complainant of the role of the Inspector; or

(b)to deal with the matter in the context of an inspection of a place or a review of a custodial service.

Division 2 — Powers

27.Powers of Inspector

The Inspector has power to do all things necessary or convenient to be done for or in connection with the performance of the Inspector’s functions.

28.Access to prisons etc.

(1)For the purpose of performing the Inspector’s functions under section 19(a), section 21 in relation to a prison, or section 22(a), the Inspector or any person authorised by the Inspector, at any time and with any assistants and equipment that the Inspector or authorised person thinks are necessary, may have free and unfettered access to —

(a)a prison or any part of a prison;

(b)a prisoner in a prison;

(c)a person whose work is concerned with a prison;

(d)a vehicle used to transport prisoners;

(e)a prisoner in such a vehicle;

(f)a person whose work is concerned with such a vehicle;

(g)all documents in the possession of the Department in relation to a prison or to a custodial service in relation to a prison; and

(h)all documents in the possession of a contractor or a subcontractor in relation to —

(i)a prison that is a subject of a contract; or

(ii)a custodial service in relation to a prison that is a subject of a contract.

(2)In subsection (1) —

“contract”, “contractor”, “Department” and “subcontractor” each has the meaning given to that term in the Prisons Act 1981 section 3(1).

29.Access to detention centres etc.

(1)For the purpose of performing the Inspector’s functions under section 19(b), section 21 in relation to a detention centre, or section 22(b), the Inspector or any person authorised by the Inspector, at any time and with any assistants and equipment that the Inspector or authorised person thinks are necessary, may have free and unfettered access to —

(a)a detention centre or any part of a detention centre;

(b)a detainee in a detention centre;

(c)a person whose work is concerned with a detention centre;

(d)a vehicle used to transport detainees;

(e)a detainee in such a vehicle;

(f)a person whose work is concerned with such a vehicle; and

(g)all documents in the possession of the Department in relation to a detention centre or to a custodial service in relation to a detention centre.

(2)In subsection (1) —

“Department” has the meaning given to that term in the Young Offenders Act 1994 section 3.

30.Access to court custody centres, lock‑ups etc.

(1)For the purpose of performing the Inspector’s functions under section 19(c) or (d), section 21 in relation to a court custody centre or lock‑up, or section 22(c), the Inspector or any person authorised by the Inspector, at any time and with any assistants and equipment that the Inspector or authorised person thinks are necessary, may have free and unfettered access to —

(a)a court custody centre, a lock‑up or any part of such a place;

(b)a person in custody in a court custody centre or lock‑up;

(c)a person whose work is concerned with a court custody centre or lock‑up;

(d)a vehicle used for moving persons for whom the CEO is responsible under the Court Security and Custodial Services Act 1999 section 16;

(e)a person in custody in such a vehicle;

(f)a person whose work is concerned with such a vehicle;

(g)all documents in the possession of the Department in relation to a court custody centre or lock‑up or a custodial service (CSCS Act); and

(h)all documents in the possession of a contractor or a subcontractor in relation to —

(i)a court custody centre or lock‑up that is a subject of a contract; or

(ii)a custodial service (CSCS Act) that is a subject of a contract.

(2)In subsection (1) —

“contract”, “contractor”, “Department” and “subcontractor” each has the meaning given to that term in the Court Security and Custodial Services Act 1999 section 3.

31.Matters relevant to access powers

(1)The Inspector may authorise a person for the purposes of section 28(1), 29(1) or 30(1).

(2)An authorisation must be in writing and may be made subject to such conditions and limitations specified in the authorisation as the Inspector thinks fit.

(3)The Inspector may revoke an authorisation if the Inspector considers it appropriate to do so.

(4)Without limiting subsection (3), the Minister may revoke a person’s authorisation if the person has adversely affected, or is likely to adversely affect —

(a)the good order or the security of a prison, detention centre, court custody centre or lock‑up, or vehicle referred to in section 28(1)(d), 29(1)(d) or 30(1)(d); or

(b)the safety of any person at such a place or in such a vehicle or whose work is connected with such a place or vehicle.

(5)Nothing in this section or in section 28, 29 or 30 limits any entitlement that a person has, under a written law, to have access to a place, vehicle, person or document referred to in those sections.

(6)A power under a written law to ban a person from visiting a prison, detention centre, court custody centre or lock‑up cannot be exercised in respect of the Inspector or any person who is authorised for the purposes of section 28(1), 29(1) or 30(1).

32.Offence to hinder etc. persons exercising access powers

A person must not hinder or resist another person who is exercising or attempting to exercise a power under section 28(1), 29(1) or 30(1) if the other person is —

(a)the Inspector;

(b)a person authorised by the Inspector for the purposes of the relevant provision; or

(c)a person assisting the Inspector or a person referred to in paragraph (b).

Penalty: $20 000.

Part 5 — Reporting

33.Annual reporting

(1)The Inspector, as soon as is practicable in each year but not later than 30 September, is to deliver a copy of the report referred to in subsection (2) to each of —

(a)the Speaker of the Legislative Assembly and the President of the Legislative Council who are to keep the copies of the report in safe custody; and

(b)the Minister, who may prepare a response to the report.

(2)The report, copies of which are to be delivered under subsection (1), is a report on the performance of the Inspector’s functions for the period of 12 months ending on the preceding 30 June, including —

(a)if the Financial Administration and Audit Act 1985 applies at the particular time to the office of the Inspector —

(i)the annual report required by section 62 of that Act as that section applies in respect of the office under section 38 of this Act; and

(ii)the opinion given by the Auditor General on financial statements or information submitted for that period under the Financial Administration and Audit Act 1985 section 63 as that section applies in respect of the office under section 38 of this Act;

(b)the text of the directions given under section 17(2) and (3) in that period;

(c)the text of the reasons prepared under section 17(6) or 18(4);

(d)a list of the places referred to in section 19 that have been inspected since the preceding 30 June, noting the day on which the list was prepared; and

(e)a list of the places referred to in section 19 that are proposed to be inspected in the period up to the next 30 June.

(3)If the Inspector is not able to cause to be prepared by 30 September in a year a report referred to in subsection (2) the Inspector, by that date, is to inform both Houses of Parliament of the inability to do so and the reasons for that inability.

34.Inspection reports and reports of occasional inspections and reviews

(1)As soon as is practicable after the completion of an inspection report, but not before the expiry of a reasonable period for submissions to be made under section 37 if applicable, the Inspector is to deliver a copy of the inspection report to each of —

(a)the Speaker of the Legislative Assembly and the President of the Legislative Council who are to keep the copies of the inspection report in safe custody; and

(b)the Minister, who may prepare a response to the inspection report.

(2)Subsection (1) also applies to a report —

(a)prepared on a matter relating to an inspection under section 21 or a review under section 22; and

(b)that, in the Inspector’s opinion, should be laid before the Houses of Parliament.

35.Laying before Parliament annual reports, inspection reports and reports of occasional inspections and reviews

(1)The Speaker and the President are to lay each document delivered under section 33 or 34 before their respective Houses of Parliament —

(a)not before 30 days after the document is delivered; and

(b)as soon as practicable after the expiration of that 30 day period.

(2)If, in relation to a document required by subsection (1) to be laid before a House of Parliament —

(a)a House is not sitting on the day when the 30 day period referred to in subsection (1) expires in relation to the document;

(b)the document has not been laid before that House; and

(c)the Inspector is of the opinion that that House will not sit during a period after that day that is reasonable having regard to the contents of the document,

the Inspector is to transmit a copy of the document to the Clerk of that House.

(3)A copy of a document transmitted to the Clerk of a House is to be regarded as having been laid before that House.

(4)The laying of a copy of a document that is regarded as having occurred under subsection (3) is to be recorded in the Minutes, or Votes and Proceedings, of the House on the first sitting day of the House after the Clerk received the copy.

36.Chief judicial officers to receive copy of inspection reports, reports of occasional inspections and reviews affecting the court

(1)If, under section 34, the Inspector delivers to the Speaker of the Legislative Assembly and the President of the Legislative Council —

(a)an inspection report concerning a court custody centre; or

(b)a report prepared by the Inspector on a matter relating to an inspection of a court custody centre under section 21 or a review of any court custodial services under section 22(c),

the Inspector is to ensure that a copy of the report is delivered as soon as practicable to the chief judicial officer of the relevant court.

(2)A chief judicial officer who receives a report under subsection (1) may prepare a response to the report.

37.Submissions in certain cases before completion of reports

(1)The Inspector must not, in a document referred to in section 33 or 34, disclose information or make a statement setting out an opinion that is, either expressly or impliedly, critical of the Department, a contractor or any other person unless the Inspector has complied with subsection (2) in relation to the matter.

(2)If the Inspector proposes to disclose information or make a statement setting out an opinion referred to in subsection (1) the Inspector must, before doing so, afford the following persons the opportunity to make submissions, either orally or in writing, in relation to the matter —

(a)if the opinion relates to a Department, the chief executive officer or the CEO as is applicable to the case;

(b)if the opinion relates to a contractor, the contractor;

(c)if the opinion relates to another person, the person.

(3)In this section —

“chief executive officer” has the meaning given to that term in the Prisons Act 1981 section 3(1) or the Young Offenders Act 1994 section 3, as is applicable to the case;

“contractor” has the meaning given to that term in the Court Security and Custodial Services Act 1999 section 3 or the Prisons Act 1981 section 3(1), as is applicable to the case;

“Department” has the meaning given to that term in the Court Security and Custodial Services Act 1999 section 3, the Prisons Act 1981 section 3(1) or the Young Offenders Act 1994 section 3, as is applicable to the case.

38.Reporting requirements under Financial Administration and Audit Act 1985

If the Financial Administration and Audit Act 1985 applies at a particular time to the office of the Inspector then Part II Division 13 of that Act is to be read as if the provisions that are set out in Schedule 1 of this Act are the provisions of that Division that apply in respect of the office.

Part 6 — Independent visitor service

39.Appointment of independent prison visitors

(1)The Minister, after having regard to the advice of the Inspector, may for every prison appoint visitors to be known as independent prison visitors.

(2)A person is not to be appointed as an independent prison visitor for a prison where prison services are being provided under a contract if —

(a)the person has any financial interest in the contract; or

(b)the person is, or to any extent controls, manages or owns, the contractor or a subcontractor under the contract.

(3)An independent prison visitor cannot carry out the duties of a visiting justice.

(4)Appointments under this section are to be for a term of 2 years, but an independent prison visitor may resign at any time by notice in writing delivered to the Minister.

(5)In subsections (2) and (3) —

“contract”, “contractor”, “prison services”, “subcontractor” and “visiting justice” each has the meaning given to that term in the Prisons Act 1981 section 3(1).

40.Duties of independent prison visitors

(1)An independent prison visitor is to —

(a)visit and inspect the prison for which the visitor is appointed as soon as practicable after being appointed and thereafter at intervals of not more than 3 months;

(b)furnish a report in writing to the Inspector after each visit and inspection made under paragraph (a); and

(c)make a record of any complaint made to the visitor by or on behalf of a prisoner and report that complaint to the Inspector.

(2)An independent prison visitor may, after a visit and inspection made under subsection (1)(a), immediately communicate directly with the Inspector, or the chief executive officer as defined in the Prisons Act 1981, if it seems desirable to make a personal report to the Inspector or the chief executive officer.

(3)An independent prison visitor must not interfere with the management of, or discipline at, the prison or give or purport to give any instructions to a person employed at the prison.

41.Appointment of independent detention centre visitors

(1)The Minister, after having regard to the advice of the Inspector, may for every detention centre appoint visitors to be known as independent detention centre visitors.

(2)An independent detention centre visitor cannot carry out the duties of a visiting justice appointed under the Young Offenders Act 1994 section 166.

(3)Appointments under this section are to be for a term of 2 years, but an independent detention centre visitor may resign at any time by notice in writing delivered to the Minister.

42.Duties of independent detention centre visitors

(1)An independent detention centre visitor is to —

(a)visit and inspect the detention centre for which the visitor is appointed as soon as practicable after being appointed and thereafter at intervals of not more than 3 months;

(b)furnish a report in writing to the Inspector after each visit and inspection made under paragraph (a); and

(c)make a record of any complaint made to the visitor by or on behalf of a detainee and report that complaint to the Inspector.

(2)An independent detention centre visitor may, after a visit and inspection made under subsection (1)(a), immediately communicate directly with the Inspector, or the chief executive officer as defined in the Young Offenders Act 1994, if it seems desirable to make a personal report to the Inspector or the chief executive officer.

(3)An independent detention centre visitor must not interfere with the management of, or discipline at, the detention centre or give or purport to give any instructions to a person employed at the centre.

43.Inspector to deal with reports of independent prison visitors and independent detention centre visitors

(1)The Inspector —

(a)is to review each report received under section 40(1) or (2) from each independent prison visitor;

(b)is to review each report received under section 42(1) or (2) from each independent detention centre visitor;

(c)may seek from the chief executive officer, or the contractor for a prison that is a subject of the report, comments in relation to any matter arising from a report if the Inspector considers it appropriate to do so;

(d)is to report to the Minister in relation to the content of, and matters arising from, the reports including the comments, if any, sought under paragraph (c); and

(e)may take such action in relation to a matter arising from a report as the Inspector is able to take under this Act.

(2)In subsection (1) —

“chief executive officer” and “contractor” each has the meaning given to that term in the Prisons Act 1981 section 3(1) or the Young Offenders Act 1994 section 3, as is applicable to the case.

Part 7 — Disclosure of information

44.Disclosure of information permitted for consultation purposes

(1)The Inspector may consult the Anti‑Corruption Commission, the Director of Public Prosecutions or the Parliamentary Commissioner for Administrative Investigations concerning the performance of any of the Inspector’s functions.

(2)Information obtained by the Inspector or the Inspector’s staff in the course of, or for the purpose of, the performance of a function of the Inspector may be disclosed for the purposes of a consultation under subsection (1).

45.Disclosure of certain other information permitted

A person who is the Inspector or a member of the Inspector’s staff authorised for the purposes of this section by the Inspector may disclose information obtained by the Inspector or the Inspector’s staff in the course of, or for the purpose of, the performance of a function of the Inspector if the information —

(a)is disclosed to a person who is —

(i)a member of the Anti‑Corruption Commission; or

(ii)an officer or a seconded officer of the Anti‑Corruption Commission authorised for the purposes of this subparagraph by the Anti‑Corruption Commission,

and concerns a matter that is relevant to the functions of the Anti‑Corruption Commission;

(b)is disclosed to a person who is —

(i)the Director of Public Prosecutions;

(ii)the Deputy Director of Public Prosecutions; or

(iii)a member of the staff of the Director of Public Prosecutions authorised for the purposes of this subparagraph by the Director of Public Prosecutions or the Deputy Director of Public Prosecutions,

and concerns a matter that is relevant to the functions of either the Anti‑Corruption Commission or the Director of Public Prosecutions; or

(c)is disclosed to a person who is —

(i)the Parliamentary Commissioner for Administrative Investigations;

(ii)the Deputy Parliamentary Commissioner for Administrative Investigations; or

(iii)an officer of the Parliamentary Commissioner authorised for the purposes of this subparagraph by the Parliamentary Commissioner or the Deputy Parliamentary Commissioner,

and concerns a matter that is relevant to the functions of the Parliamentary Commissioner.

46.Disclosure of information permitted if in certain interests to do so

(1)The Inspector may disclose information, or make a statement, to any person or to the public or a section of the public with respect to the performance of a function of the Inspector if, in the Inspector’s opinion, it is in the interests of any person, or is otherwise in the public interest, to disclose the information or to make the statement.

(2)If the information to be disclosed, or the statement to be made, under subsection (1) contains an opinion that is, either expressly or impliedly, critical of a department or a person, the Inspector is to notify the department or the person before disclosing the information or making the statement if it is practicable to do so.

(3)Subsection (2) does not apply if section 37(1) applies to the information or statement and section 37(2) has been complied with in relation to the information or statement.

47.Confidentiality

(1)A person must not disclose information that was obtained by the Inspector or the Inspector’s staff in the course of, or for the purpose of, performing a function of the Inspector, except —

(a)for the purposes of the performance of a function of the Inspector;

(b)for the purposes of any proceedings for perjury or for an offence under this Act;

(c)as authorised by section 44, 45 or 46; or

(d)in other circumstances prescribed by the regulations.

Penalty: $6 000 and imprisonment for 2 years.

(2)Subsection (1) does not apply to the disclosure of statistical or other information that could not reasonably be expected to lead to the identification of any person to whom it relates.

48.Directions to not disclose information

(1)The Inspector may in writing direct the person to whom a document is sent by the Inspector not to disclose to any other person any information contained in the document except for the purposes of the performance of a function of the Inspector to which the document relates.

(2)A person to whom a direction is given under subsection (1) must comply with the direction.

Penalty: $6 000 and imprisonment for 2 years.

Part 8 — Other offences

49.Hindering and other offences

(1)A person must not, without reasonable excuse, hinder or resist or threaten —

(a)the Inspector or a person assisting the Inspector in the performance or attempted performance of a function of the Inspector; or

(b)a person authorised by the Inspector for the purposes of section 28(1), 29(1) or 30(1), or a person assisting such an authorised person, in the performance or attempted performance of a function of the person under the respective provision.

(2)A person must not make a statement that the person knows to be false or misleading to —

(a)the Inspector or a person assisting the Inspector in the performance or attempted performance of a function of the Inspector; or

(3)A person must not deliberately mislead or attempt to mislead —

(a)the Inspector or a person assisting the Inspector in the performance or attempted performance of a function of the Inspector; or

Penalty applicable to subsections (1), (2) and (3): $6 000 and imprisonment for 12 months.

50.Victimisation

(1)A person must not —

(a)prejudice, or threaten to prejudice, the safety or career of;

(b)intimidate or harass, or threaten to intimidate or harass; or

(c)do any act that is, or is likely to be, to the detriment of,

another person because the other person —

(d)has provided, is providing or will or may in the future provide information to the Inspector in the performance of a function of the Inspector; or

(e)has performed a function of the Inspector in relation to the other person or is performing, or will or may in the future perform, any such function.

Penalty: $8 000 or imprisonment for 2 years.

(2)A person who attempts to commit an offence under subsection (1) commits an offence and is liable to the penalty set out in subsection (1).

(3)A person who —

(a)intends that an offence under subsection (1) be committed; and

(b)incites another person to commit the offence,

commits an offence and is liable to the penalty set out in subsection (1).

Part 9 — Miscellaneous

51.Security and safety considerations

When performing a function under this Act a person is to have regard to —

(a)the good order and the security of a prison, detention centre, court custody centre or lock‑up, or vehicle referred to in section 28(1)(d), 29(1)(d) or 30(1)(d); and

(b)the safety of any person at such a place or in or near such a vehicle or whose work is connected with such a place or vehicle.

52.Protection from liability

(1)An action in tort does not lie against a person for anything that the person has done, in good faith, in the performance or purported performance of a function under this Act.

(2)The Crown is also relieved of any liability that it might otherwise have had for another person having done anything as described in subsection (1).

(3)The protection given by this section applies even though the thing done as described in subsection (1) may have been capable of being done whether or not this Act had been enacted.

(4)In this section, a reference to the doing of anything includes a reference to the omission to do anything.

53.Documents sent to or by the Inspector not admissible

Any document that is sent to the Inspector or the Inspector’s staff or by the Inspector or the Inspector’s staff —

(a)in the course of, or for the purposes of, the performance of a function of the Inspector; and

(b)that was prepared specifically for the purposes of the performance of the function,

is privileged and is not admissible in evidence in any proceedings other than proceedings for perjury or for an offence under this Act alleged to have been committed in relation to the performance of the function.

54.Protection for proceedings in Cabinet

(1)A person cannot be required or authorised under this Act —

(a)to furnish any information or answer any question relating to proceedings of Cabinet or of any committee of Cabinet; or

(b)to produce or inspect so much of any document as relates to any such proceedings.

(2)For the purposes of this section a certificate issued by the Director General, Department of the Premier and Cabinet, with the approval of the Premier of the State, certifying that any information or question, or any document or part of a document, relates to any such proceedings as are referred to in subsection (1) is conclusive of the fact so certified.

55.Regulations

The Governor may make regulations prescribing all matters that are required or permitted by this Act to be prescribed, or are necessary or convenient to be prescribed, for giving effect to this Act.

56.Consequential amendments to other Acts and regulations

(1)Schedule 2 has effect.

(2)Nothing in this Act prevents any of the Prisons Regulations 1982 from being amended in accordance with the Prisons Act 1981.

57.Savings and transitional provisions

Schedule 3 has effect in relation to the repeal, by section 56, of the Prisons Act 1981 Part XA and the Court Security and Custodial Services Act 1999 Part 5.

Schedule 1 — Financial Administration and Audit Act 1985 application to the office of the Inspector

[s. 38]

For the purposes of section 38 of this Act, the Financial Administration and Audit Act 1985 Part II Division 13 is to be read as follows —

“

Division 13 — Reports of accountable officer of Office of Inspector of Custodial Services

62.Accountable officer of Office of Inspector of Custodial Services to report to Parliament

(1)The accountable officer of the Office of the Inspector of Custodial Services shall cause to be prepared, as part of the report referred to in the Inspector of Custodial Services Act 2003 section 33(2), an annual report containing —

(a)financial statements for the relevant financial year;

(b)performance indicators and such other information as may be directed by the Treasurer’s Instructions; and

(c)a report on the operations of the Office during the relevant financial year.

(2)Unless the Treasurer otherwise approves, the financial statements referred to in subsection (1)(a) shall be prepared on an accrual accounting basis and shall consist of —

(a)a statement of financial transactions of the Office for the relevant financial year;

(b)a statement of the financial position of the Office at the end of the relevant financial year;

(c)proper and adequate notes to the financial statements; and

(d)such other financial statements and information as may be directed by the Treasurer’s Instructions.

(2a)The financial statements referred to in subsection (2) shall —

(a)present fairly the financial transactions of the Office during the financial year to which they relate;

(b)where a statement of financial position at the end of the financial year is required to be prepared, present fairly the financial position of the Office at the end of the financial year; and

(c)be certified in the manner required by the Treasurer’s Instructions.

(3)A report of operations required to be prepared by subsection (1) shall contain all the information that is required by the Treasurer’s Instructions.

63.Accountable officer to send accounts, etc. to Auditor General

The accountable officer of the Office of the Inspector of Custodial Services shall cause to be submitted to the Auditor General a copy of the financial statements and the information referred to in section 62(1)(a) and (b).

”.

Schedule 2 — Consequential amendments to Acts and regulations

[s. 56]

1.Anti‑Corruption Commission Act 1988 amended

(1)The amendments in this clause are to the Anti‑Corruption Commission Act 1988*.

[*Reprinted as at 6 July 2001.]

(2)Section 3(1) is amended in the definition of “Inspector of Custodial Services” by deleting “Prisons Act 1981;” and inserting instead —

“ Inspector of Custodial Services Act 2003; ”.

2.Constitution Acts Amendment Act 1899 amended

(1)The amendments in this clause are to the Constitution Acts Amendment Act 1899*.

[*Reprinted as at 8 June 2001.

For subsequent amendments see Western Australian Legislation Information Tables for 2002, Table 1, p. 75‑6 and Acts Nos. 8, 30, 31, 35 and 50 of 2003.]

(2)Schedule V Part 1 Division 2 is amended in the item relating to the Inspector of Custodial Services by deleting “Prisons Act 1981.” and inserting instead —

“ Inspector of Custodial Services Act 2003. ”.

3.Court Security and Custodial Services Act 1999 amended

(1)The amendment in this clause is to the Court Security and Custodial Services Act 1999*.

[*Reprinted as at 13 July 2001.]

(2)Part 5 is repealed.

4.Freedom of Information Act 1992 amended

(1)The amendments in this clause are to the Freedom of Information Act 1992*.

[*Reprinted as at 3 March 2000.

For subsequent amendments see Western Australian Legislation Information Tables for 2002, Table 1, p. 151 and Acts Nos. 28 and 29 of 2003.]

(2)Schedule 1 clause 14(1) is amended by deleting paragraph (d) and inserting the following paragraph instead —

“

(d)section 47 of the Inspector of Custodial Services Act 2003.

”.

(3)Schedule 1 clause 14(2) is amended by inserting after “1971” —

“ or section 48 of the Inspector of Custodial Services Act 2003 ”.

(4)Schedule 2 is amended by inserting after the item relating to the Information Commissioner the following item —

“

The Inspector of Custodial Services.

”.

5.Parliamentary Commissioner Act 1971 amended

(1)The amendments in this clause are to the Parliamentary Commissioner Act 1971*.

[*Reprinted as at 16 March 2001 and Act No. 35 of 2003.]

(2)Section 4 is amended in the definition of “Inspector of Custodial Services” by deleting “Prisons Act 1981;” and inserting instead —

“ Inspector of Custodial Services Act 2003; ”.

(3)Schedule 1 is amended as follows:

(a)after the item relating to the Western Australian Independent Gas Pipelines Access Regulator the following item is inserted —

“

The Inspector of Custodial Services under the Inspector of Custodial Services Act 2003.

”;

(b)by deleting “The Inspector of Custodial Services under the Prisons Act 1981.”.

6.Prisons Act 1981 amended and savings provision

(1)The amendments in this clause are to the Prisons Act 1981*.

[*Reprinted as at 22 December 2000.

For subsequent amendments see Western Australian Legislation Information Tables for 2002, Table 1, p. 311 and Acts Nos. 29 and 50 of 2003.]

(2)Section 3(1) is amended by deleting the definitions of “inspection report” and “Inspector” and inserting the following definition instead —

“

“independent prison visitor” means a person who is appointed to be an independent prison visitor under section 39 of the Inspector of Custodial Services Act 2003;

”.

(3)Section 3(1) is amended by deleting the definition of “prison visitor”.

(4)Section 54 is repealed and the following section is inserted instead —

“

54.Appointment of visiting justices

(1)The Minister may, for every prison, appoint visitors to be known as visiting justices.

(2)A visiting justice shall not carry out the duties of an independent prison visitor.

(3)Visiting justices shall be appointed from persons who are magistrates or justices of the peace.

(4)Appointments under this section shall be for a term of 2 years, but a visiting justice may resign at any time by notice in writing delivered to the Minister.

”.

(5)A person who, immediately before the commencement of this Act, was a person who had been appointed by the Governor, under the Prisons Act 1981 section 54, to be a visiting justice is to be regarded, on and from the commencement, as a person who is appointed by the Minister, under the Prisons Act 1981 section 54, as a visiting justice on the same terms and conditions as applied to the person’s appointment by the Governor.

(6)Section 55 is repealed.

(7)Section 57 is amended by deleting “A” and inserting instead —

“ An independent ”.

(8)Section 58 is amended by deleting “section 55, 56 or 57.” and inserting instead —

“

section 56 or 57 of this Act or for the purpose of performing a function under section 19(a), 21, 22(a) or 40 of the Inspector of Custodial Services Act 2003.

”.

(9)Section 64 is amended by inserting after “Subject” —

“

to section 28 of the Inspector of Custodial Services Act 2003 and

”.

(10)Section 66(1) is amended by deleting “Act,” and inserting instead —

“ Act or any provision of another written law, ”.

(11)Section 67(1) is amended after paragraph (c) by deleting “or” and inserting —

“

(ca)the Inspector of Custodial Services; or

”.

(12)Part XA is repealed.

(13)Section 110(1)(q) is amended by deleting “prison visitors and their powers and duties;” and inserting instead —

“

independent prison visitors, subject to Part 6 of the Inspector of Custodial Services Act 2003;

”.

7.Young Offenders Act 1994 amended and savings provision

(1)The amendments in this clause are to the Young Offenders Act 1994*.

[*Reprinted as at 8 December 2000.

For subsequent amendments see Western Australian Legislation Information Tables for 2002, Table 1, p. 442 and Act No. 50 of 2003.]

(2)Section 166 is repealed and the following section is inserted instead —

“

166.Appointment of visiting justices

(1)The Minister may, for every detention centre, appoint visitors to be known as visiting justices.

(2)A visiting justice cannot carry out the duties of an independent detention centre visitor appointed under section 41 of the Inspector of Custodial Services Act 2003.

(3)Visiting justices are to be appointed from persons who are magistrates or members of the Children’s Court.

(4)Appointments under this section are to be for a term of 2 years, but a visiting justice may resign at any time by notice in writing delivered to the Minister.

”.

(3)A person who, immediately before the commencement of this Act, was a person who had been appointed by the Governor, under the Young Offenders Act 1994 section 166, to be a visiting justice is to be regarded, on and from the commencement, as a person who is appointed by the Minister, under the Young Offenders Act 1994 section 166, as a visiting justice on the same terms and conditions as applied to the person’s appointment by the Governor.

(4)Section 167 is repealed.

(5)Section 169(a) is deleted and the following paragraph is inserted instead —

“

(a)an independent detention centre visitor appointed under section 41 of the Inspector of Custodial Services Act 2003;

”.

8.Prisons Regulations 1982 amended

(1)The amendments in this clause are to the Prisons Regulations 1982*.

[*Reprinted as at 9 March 2001.

For amendments to 28 August 2003 see Western Australian Legislation Information Tables for 2002, Table 4, p. 297 and Gazette 30 June 2003.]

(2)Part X is repealed and the following Part is inserted instead —

“

Part X — Independent prison visitors

76.Visits by independent prison visitors

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

77.Interviews by independent prison visitors

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

(2)The independent 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 independent prison visitor may interview a prisoner within the view but not the hearing of an officer.

”.

(3)Regulation 87 is repealed.

9.Public Sector Management (General) Regulations 1994 amended

(1)The amendments in this clause are to the Public Sector Management (General) Regulations 1994*.

[*Reprint 2 as at 25 July 2003.]

(2)Regulation 4A(2) is amended by deleting “referred to in section 109A of the Prisons Act 1981” and inserting instead —

“ under the Inspector of Custodial Services Act 2003 ”.

10.Salaries and Allowances Regulations 1975 amended

(1)The amendments in this clause are to the Salaries and Allowances Regulations 1975*.

[*Reprinted as at 26 November 1999.

For amendments to 28 August 2003 see Western Australian Legislation Information Tables for 2002, Table 4, p. 340 and Gazette 15 August 2003.]

(2)The Schedule to regulation 3 is amended by deleting the item relating to the Prisons Act 1981 and inserting after the item relating to the Health Services (Conciliation and Review) Act 1995 the following item —

“

Inspector of Custodial Services Act 2003	Inspector of Custodial Services

”.

11.State Superannuation Regulations 2001 amended

(1)The amendments in this clause are to the State Superannuation Regulations 2001*.

[*Published in Gazette 16 February 2001.

For amendments to 28 August 2003 see Western Australian Legislation Information Tables for 2002, Table 4, p. 362 and Gazette 13 June 2003, 15 August 2003 and 26 August 2003.]

(2)Schedule 1 Division 1 item 18 is amended by deleting “Prisons Act 1981” and inserting instead —

“ Inspector of Custodial Services Act 2003 ”.

Schedule 3 — Savings and transitional

[s. 57]

1.Definitions

In this Schedule —

“commencement” means the day on which this Act comes into operation;

“repealed provisions” means Part XA of the Prisons Act 1981 repealed by section 56.

2.Interpretation Act 1984 applies

This Schedule does not limit the operation of the Interpretation Act 1984.

3.Persons holding offices under, or employed etc. for purposes of repealed provisions

(1)A person who was —

(a)appointed as Inspector or acting Inspector; or

(b)appointed, employed or engaged as a member of the Inspector’s staff,

and whose appointment to, or employment or engagement in, that office or position was in effect immediately before commencement is to be regarded, on and after commencement, as having been appointed, employed or engaged, as the case requires, for the purposes of this Act, on the same terms and conditions, including as to remuneration, as those which applied to the person immediately before commencement.

(2)A person to whom subclause (1) applies retains all existing and accruing rights and benefits as if the holding of the office, or the appointment, employment or engagement, for the purposes of this Act, were a continuation of the person’s holding of the office, or the appointment, employment or engagement, for the purposes of the repealed provisions, immediately before commencement.

4.Reporting

(1)Part 5 of this Act does not apply in respect of a financial year that has ended before this Act comes into operation; and the repealed provisions continue to apply in respect of such a financial year as if the repealed provisions had not been repealed.

(2)Part 5 of this Act applies with respect to the period from 1 July in a financial year to a day that —

(a)occurs in the same financial year; and

(b)immediately precedes commencement,

as if this Act were in effect when the matters to be reported on occurred.

5.Calculating maximum period between inspections for first inspection of a place under this Act

(1)The 3 year period referred to in section 19 in relation to an inspection of a prison is to be calculated in the first instance from the time of the last inspection of that prison under the repealed provisions.

(2)The 3 year period referred to in section 19 in relation to an inspection of a court custody centre or a lock‑up is to be calculated in the first instance from the last inspection of that place under Part 5 of the Court Security and Custodial Services Act 1999 repealed by section 56.

6.Independent prison visitors and independent detention centre visitors

(1)A person who, immediately before commencement, was a person who had been appointed or was deemed to have been appointed to be a prison visitor under the Prisons Act 1981 section 54 is to be regarded, on and from commencement, as a person who is appointed to be an independent prison visitor under section 39 of this Act on the same terms and conditions as applied to the person’s appointment under the Prisons Act 1981 section 54.

(2)A person who, immediately before commencement, was a person who had been appointed to be a detention centre visitor under the Young Offenders Act 1994 section 166 is to be regarded, on and from commencement, as a person who is appointed to be an independent detention centre visitor under section 41 of this Act on the same terms and conditions as applied to the person’s appointment under the Young Offenders Act 1994 section 166.

dline