Inspector of Custodial Services Act 2003 (WA)

Western Australia Inspector of Custodial Services Act 2003 Western Australia Inspector of Custodial Services Act 2003 Contents Part 1 — Preliminary 1. Short title 2 2. Commencement 2 3. Terms used 2 4. Notes not part of law 4 Part 2 — Office of Inspector Division 1 — Inspector 5. Office of Inspector continued 5 6. Appointment of Inspector 5 7. Conditions of appointment 5 8. Oath or affirmation 6 9. Removal of Inspector from office 6 10. Portability of superannuation and other entitlements 7 Division 2 — Acting appointments 11. Acting appointments made by Governor 7 12. Acting appointments made by Inspector 8 13. Matters relevant to all acting appointments 8 14. Acting Inspector: functions etc. 8 15. Savings 8 Division 3 — Staff 16. Staff 9 Part 3 — Relationship with Minister 17. Directions of Minister 10 18. Minister to have access to information 10 Part 4 — Functions and powers of Inspector Division 1 — Functions 19. Inspection of places: mandatory 12 20. Inspection report 12 21. Inspection of places: occasional 12 22. Review of custodial services: occasional 12 23. Reporting on occasional inspections and reviews 13 24. Providing reports, draft inspection reports to interested persons 13 25. Notifications 13 26. Relationship of Inspector's functions to other laws 14 Division 2 — Powers 27. Powers of Inspector 15 28. Access to prisons etc. 15 29. Access to detention centres etc. 16 30. Access to court custody centres, lock‑ups etc. 16 31. Matters relevant to access powers 18 32. Offence to hinder etc. persons exercising access powers 19 33A. Inspector may give chief executive officer or CEO show cause notice 19 Part 5 — Reporting 33. Annual reporting 21 34. Inspection reports and reports of occasional inspections and reviews 22 35. Laying before Parliament annual reports, inspection reports and reports of occasional inspections and reviews 23 36. Chief judicial officers to receive copy of inspection reports, reports of occasional inspections and reviews affecting court 24 37. Submissions in certain cases before completion of reports 24 38. Reporting requirements under Financial Management Act 2006 25 Part 6 — Independent visitor service 39. Appointment of independent prison visitors 26 40. Duties of independent prison visitors 26 41. Appointment of independent detention centre visitors 27 42. Duties of independent detention centre visitors 27 43. Inspector to deal with reports of independent prison visitors and independent detention centre visitors 28 Part 7 — Disclosure of information 44. Disclosure of information permitted for consultation purposes 29 45. Disclosure of certain other information permitted 29 46. Disclosure of information permitted if in certain interests to do so 30 47. Confidentiality 31 48. Directions to not disclose information 31 Part 8 — Other offences 49. Hindering and other offences 32 50. Victimisation 33 Part 9 — Miscellaneous 51. Security and safety considerations 34 52. Protection from liability 34 53. Documents sent to or by the Inspector not admissible 34 54. Protection for proceedings in Cabinet 35 55. Regulations 35 56. Amendment of the Prisons Regulations 1982 35 57. Savings and transitional provisions 35 Schedule 1 — Application of Financial Management Act 2006 to office of the Inspector Division 2 — Reports by accountable authority of office of Inspector of Custodial Services 61. Reports by accountable authority of office of Inspector of Custodial Services 36 62. Financial statements 37 63. Accountable authority to submit financial reports and other information 37 Schedule 3 — Savings and transitional 1. Terms used 39 2. Interpretation Act 1984 applies 39 3. Persons holding offices under, or employed etc. for purposes of repealed provisions 39 4. Reporting 40 5. Calculating maximum period between inspections for first inspection of a place under this Act 40 6. Independent prison visitors and independent detention centre visitors 40 Notes Compilation table 42 Defined terms Western Australia Inspector of Custodial Services Act 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 2, and for related purposes.