Court Security and Custodial Services Act 1999 (WA)

Western Australia Court Security and Custodial Services Act 1999 Western Australia Court Security and Custodial Services Act 1999 Contents Part 1 — Preliminary 1. Short title 1 2. Commencement 1 3. Terms used 1 4. Terms used: hospital, person apprehended under Mental Health Act 1 5. Term used: security, good order or management 1 6. Application of Act to lock‑ups that are not prescribed lock‑ups 1 7. Crown bound 1 Part 2 — Administration of court security and custodial services Division 1 — CEO's responsibilities Subdivision 1 — Court security services 8. Court security services 1 Subdivision 2 — Custodial services 9. Management etc. of court custody centres 1 10. Security etc. of persons in custody at court premises 1 11. Management etc. of personal property at court custody centres 1 12. Management etc. of lock‑ups 1 13. Security etc. of persons in lock‑ups 1 14. Management etc. of personal property at lock-ups 1 15. Security etc. of persons in custody at certain other custodial places 1 16. Moving persons in custody and intoxicated detainees between custodial places 1 17. Management etc. of personal property of certain persons in custody 1 Division 2 — Framework for administering court security and custodial services 18. CEO may enter into contracts with private sector 1 19. CEO may make arrangements with Commissioner of Police and Public Sector 1 20. CEO may delegate 1 21. CEO has Schedule powers 1 22. Powers of contract workers 1 23. Powers of police officers 1 24. Powers of certain court officers 1 25. CEO may authorise justice officers to exercise powers 1 26. Authorised persons may use reasonable force 1 27. Responsibility of certain authorised persons for escapes etc. 1 Division 3 — Other matters relating to administration of court security and custodial services 28. Minister may give directions to CEO 1 29. CEO to inform Minister of certain events 1 30. Separation of certain kinds of persons in custody and intoxicated detainees 1 31. Young persons to be dealt with under Young Offenders Act 1994 1 32. CEO may make rules 1 33. CEO may ban certain persons from visiting lock‑ups or court custody centres 1 34. Judicial officers' right of entry to lock‑ups and court custody centres 1 Division 4 — Court security and court custodial services 35. Court powers not affected by this Act 1 36. CEO to consult relevant chief judicial officer on certain matters 1 37. Sheriff's role 1 Part 3 — Contracts for court security and custodial services Division 1 — Matters relating to contracts generally 38. Minimum matters to be included in contracts 1 39. Minimum standards 1 40. Contract workers subject to judicial direction 1 41. Public Sector Management Act 1994 not applicable 1 42. Minister, CEO etc. may have access to certain places, persons, vehicles and documents 1 43. Administrators and investigators may have access to certain places, persons, vehicles and documents 1 44. CEO may set up inquiry 1 45. Annual reports 1 46. No contracting out 1 Division 2 — Vetting and control of contract workers in relation to high‑level security work 47. Term used: offence for which contract worker is convicted 1 48. High‑level security work 1 49. CEO may declare other kinds of work to be high‑level security work 1 50. Contract workers require permits to do high‑level security work 1 51. Issue of permits 1 52. Information about applicants for permits 1 53. Taking of fingerprints and palmprints 1 54. Grounds for refusing permits 1 55. Determining suitability of contract workers to keep holding permits 1 56. Suspension or revocation of permits 1 57. Gazettal of permit details 1 58. CEO may give directions to contract workers about high‑level security work 1 Division 3 — Intervention in, and termination of, contracts 59. CEO may intervene in contracts 1 60. CEO may terminate or suspend contracts 1 61. CEO may appoint administrator after intervening in contract 1 62. CEO may appoint administrator after terminating or suspending contract 1 63. Administrator's functions 1 64. Contractor etc. to comply with administrator's directions 1 65. Requisitioning property on intervention in, or termination of, contract 1 Part 4 — How authorised persons take charge of, and move, persons in the custody of law enforcement officers Division 1 — General 66. Term used: request 1 67. Authorised persons to comply with requests, subject to contract 1 68. Presumption that persons are in legal custody 1 69. Custodial status not affected by requests 1 Division 2 — Law enforcement officers may request authorised persons to take charge of, and move, persons in custody 70. Terms used 1 71. Law enforcement officers may request authorised persons to take charge of persons in custody at certain custodial places 1 72. Law enforcement officers may request authorised persons to move persons in custody between custodial places 1 73. Law enforcement officers' powers not affected 1 74. Form of requests 1 Division 3 — Police officers may request authorised persons to take charge of persons apprehended under the Mental Health Act 75. Term used: authorised person 1 76. Police officers may request authorised persons to take charge of persons apprehended under Mental Health Act who are at lock‑ups 1 77. Police officers' powers not affected 1 78. Form of requests 1 Division 4 — Police officers may request authorised persons to take charge of, and move, intoxicated detainees 79. Term used: authorised person 1 80. Police officers may request authorised persons to take charge of intoxicated detainees at lock‑ups 1 81. Police officers may request authorised persons to move intoxicated detainees between certain custodial places 1 82. Police officers' powers not affected 1 83. Form of requests 1 Part 6 — Offences 90. Possession of firearms or weapons at certain custodial places or in vehicles 1 91. Certain articles not to be brought into certain custodial places and vehicles 1 92. Hindering or resisting authorised persons 1 Part 7 — Miscellaneous 93. Courts may order or direct authorised persons to take charge of, and move, persons in custody 1 94. Protection from liability 1 95. Authorised persons may possess firearms, prohibited drugs etc. lawfully 1 96. Exchange of information 1 97. Confidentiality 1 98. Assistance by police officers 1 99. Evidentiary matters 1 100. Regulations 1 Schedule 1 — Powers in relation to court security services 1. Term used: court premises 1 2. Power to identify persons at court premises 1 3. Power to deal with disorderly or suspicious persons at court premises 1 4. Power to search persons and their possessions at court premises 1 5. Power to require property to be deposited at court premises 1 6. Further powers to refuse entry to, or remove persons from, court premises 1 7. Power to seize property from persons visiting court premises 1 Schedule 2 — Powers in relation to custodial services Division 1 — Power to move persons with mental impairment 1. Power to take charge of, and move, persons in custody of law enforcement officers 1 2. Power to take charge of, and move, prisoners and detainees 1 3. Power to take charge of, and move, persons in court custody 1 4. Power to move young persons remanded for observation 1 5. Power to move mentally ill or mentally impaired accused 1 Division 2 — Powers in relation to keeping persons in custody 6. Powers in this Division apply in relation to exercise of Division 1 powers 1 7. Power to take identifying particulars of persons in custody 1 8. Power to search persons in custody and their possessions 1 9. Power to seize property from persons in custody 1 10. Power to take persons in custody from certain custodial places for medical treatment 1 11. Power to issue orders to persons in custody 1 12. Power to restrain persons in custody 1 13. Power to prevent communication etc. with persons in custody 1 14. Power to make charges of prison offences 1 15. Power to make charges of detention offences 1 Division 3 — Powers in relation to intoxicated detainees 16. Powers as to intoxicated detainees 1 Division 4 — Powers in relation to visitors to lock‑ups and court custody centres 17. Interpretation 1 18. Power to identify visitors to lock‑ups and court custody centres 1 19. Power to deal with disorderly or suspicious visitors to lock‑ups and court custody centres 1 20. Power to search visitors and their possessions at lock‑ups and court custody centres 1 21. Power to require visitors to lock‑ups and court custody centres to deposit property 1 22. Further powers to refuse entry to, or remove visitors from, lock‑ups and court custody centres 1 Schedule 3 — Powers in relation to apprehension 1. Power to apprehend and detain certain persons 1 Notes Compilation table 1 Uncommenced provisions table 1 Other notes 1 Defined terms Western Australia Court Security and Custodial Services Act 1999 An Act to provide for the administration of court security and custodial services; for persons to have certain powers in respect of those services; and for related matters.