Prisons Regulations 1982 (WA)

Western Australia Prisons Act 1981 Prisons Regulations 1982 Western Australia Prisons Regulations 1982 Contents Part I — Preliminary 1. Citation and commencement 1 2. Terms used in these regulations 1 2A. Certain regulations not applicable to contract workers 1 Part II — Engagement and conditions of prison officers 3. Qualifications for and engagement of prison officers 1 4. Ranks of prison officers 1 5. Discharge of prison officers 1 6. Notice prior to termination of service of prison officers 1 7. Occupation of quarters 1 9. Requirements as to uniforms 1 Part III — Functions of officers and prison officers 12. Duty on taking charge of prisoners 1 13. Duty on escape of prisoner 1 14. Duty regarding prisoner absent from prison 1 15. Duty to warn loiterers 1 16. Duty to prevent interference with prisoners 1 17. Duties as to keys and security procedures 1 18. Miscellaneous duties 1 19. Officer not to receive visitors 1 20. Restriction on entering prison or leaving area of duty 1 21. Certificates of good service 1 22. Restrictions on conduct of prison officers 1 23. Grievances 1 24. Responsibility when carrying firearm items 1 25. Procedure before the use of firearms 1 Part IIIA — Alcohol and drug related aggravated prison offences 26. Terms used in this Part 1 26A. Prison officer who suspects aggravated drug or alcohol offence to inform superintendent 1 26B. Superintendent may direct that samples are to be taken 1 26C. How samples of blood, breath and sweat are to be taken 1 26D. Prisoner may be required to provide body sample 1 26E. Prisoner to submit to having sample taken when requested to do so 1 26F. Medical attention may be required 1 26G. Other samples may be taken for analysis 1 26H. Samples to be sealed, labelled and delivered to approved analysis agent 1 27. Analyst to give certificate 1 28. Admissibility of analyst's certificate 1 28A. Approval of analysis agent 1 29. Admissibility of results of breath tests 1 Part 3B — Inspection and disclosure of medical records and mandatory taking of blood or other body samples Division 1 — Preliminary 29A. Terms used 1 29B. COVID‑19 prescribed as infectious disease 1 Division 2 — Inspection and disclosure of medical records 29C. Inspection and disclosure of prisoner's medical records 1 29D. Chief executive officer may direct medical officer to provide report on presence of infectious disease 1 Division 3 — Mandatory testing of blood or other body samples 29E. Duty to notify of suspected transfer of bodily fluid 1 29F. Test authorisation notice 1 29G. Effect of test authorisation notice 1 29H. How samples are to be taken 1 29I. Samples to be sealed, labelled and delivered to approved organisation 1 29J. Testing of samples 1 29K. Disclosure of results of test 1 29L. Admissibility of results of test 1 Part IV — Removal of prison officers 30. Terms used 1 31. Application of this Part 1 32A. Appointment of review officer 1 32B. Role of review officer 1 32C. Provision of material to chief executive officer 1 32D. Notice of loss of confidence 1 32E. Access to material 1 32F. Chief executive officer's assessment of prison officer's submissions 1 32G. Further ground for removal 1 32H. Notice of chief executive officer's decision on removal action and material relied on 1 32I. Service of notices or documents 1 32J. Application 1 32K. Restriction on suspending prison officer's pay 1 Part V — Prisoners — management provisions Division 1 — Prisoner property 32. Prison clothing 1 33. Clothing during absence from prison 1 34. Clothing on discharge 1 35. Prisoner's property 1 36. Safekeeping of prisoner's property 1 36A. Prisoner's property brought by other people 1 36B. Refusing to store property 1 36C. Release of property 1 36D. Transfer of property between prisons 1 37. Disposal of unclaimed property 1 Division 2 — Prisoner records 38. Recording of prisoners' particulars 1 39. Confidentiality of records 1 Division 3 — Prisoner conduct 40. Duty to obey orders 1 41. Conduct in personal matters 1 42. Remaining in prison 1 Division 4 — Prisoner work 43. Work 1 44. Classification of labour performed by prisoners 1 Division 5 — Prisoner gratuities and other moneys 45. Gratuities that may be credited to prisoners 1 45A. Chief executive officer to determine level of labour 1 45B. No gratuity for non allocated prisoners or prisoners confined as punishment 1 45C. Medically unfit prisoner 1 45D. Proportionate payment and public holiday 1 45E. Extra or lower gratuities 1 46. Classification and gratuity records 1 47. Expenditure of gratuities 1 48. Restriction on money held for prisoner 1 49. Deductions for damage etc. to property of Government or contractor 1 50. Payment of gratuities on discharge 1 Division 6 — Information provided to prisoners 51. Provision of information to prisoners 1 Division 7 — Visitors 52. Visits to sentenced prisoners 1 53. Visits — general 1 53A. Visitors may be required to produce evidence of identity 1 53B. Confirmation of visitor's identity 1 54. Form of visitor's declaration 1 54B. Circumstances in which and periods for which persons may be banned from prison visits 1 54BA. Reasons that are not required to be given for the purposes of section 66(6) of the Act 1 Division 8 — Separation of prisoners 54C. Separation of prisoners 1 Division 9 — Absence permits 54D. Prescribed purposes or circumstances for absence permits 1 54E. Duration of absence permit 1 54F. Eligibility for absence permit 1 54G. Arrangements relating to accommodation and community work 1 54H. Terms of paid employment of prisoner on an absence permit 1 54I. Appointment of escorts and supervisors 1 54J. Restrictions on giving absence permits 1 54K. Standard conditions of absence permits 1 54L. Amounts deducted from moneys paid to a prisoner on an absence permit 1 Division 10 — Interstate absence permits 54M. Terms used in this Division 1 54N. Corresponding laws 1 54O. Interstate absence permit 1 54P. Notice to participating State or Territory 1 54Q. WA escorts 1 54R. Interstate escorts 1 54S. Arrest of interstate prisoners 1 54T. Return of arrested interstate prisoners to State or Territory of origin 1 54U. Status of detained interstate prisoners 1 Division 11 — Bring up orders 54V. Superintendent authorised to issue bring up order 1 54W. Custody of prisoners on bring up orders 1 Part VI — Remand prisoners 55. Remand prisoners 1 56. Visits to remand prisoners 1 57. Separation of remand prisoners 1 58. Request for reclassification by remand prisoners 1 59. Exercise by remand prisoners 1 60. Clothing of remand prisoners 1 61. Remand prisoner to clean cell 1 62. Haircuts etc. of remand prisoners 1 Part VIII — Prison offences 66. Determination of prison offences 1 67. Conduct of proceedings 1 68. Separate confinement in punishment cell 1 69. Calculation of separate confinement in punishment cell 1 70. Confinement in sleeping quarters 1 71. Calculation of confinement in sleeping quarters 1 72. Separate confinement under section 43 1 73. Penalties of restitution and cancellation of gratuities 1 Part IX — Death of prisoner 74. Procedure on death of prisoner 1 75. Notice of death of prisoner 1 Part X — Independent prison visitors 76. Visits by independent prison visitors 1 77. Interviews by independent prison visitors 1 Part XI — Searches and examinations 78. Duties as to search of prisoners 1 79. Examination of articles under section 49 1 80. Searching persons under section 49 1 81. Regulation of strip searches under section 49 1 Part XIA — Canine section 81A. Terms used in this Part 1 81B. The canine section 1 81C. Prison dogs 1 81D. Authorised manner for prison officer to use prison dog 1 81E. Particular duties of dog handlers 1 81F. Periodic inspections of operations of canine section 1 Part XII — Inquiries under section 9 of Act 82. Appearance before section 9 inquiry 1 83. Conduct of section 9 inquiry 1 84. Duty of reporting officer 1 Part XIII — Miscellaneous 85. Responsibility for prisoners in lock‑ups 1 85A. Identification system for persons entering specified prisons 1 86. Publication of contracts: s. 15G(5)(b) 1 87. Restriction of access to exchange information: s. 113(9)(b) 1 88. Prescribed kinds of information disclosed to victims 1 Schedule Notes Compilation table 1 Uncommenced provisions table 1 Other notes 1 Defined terms Prisons Act 1981 Prisons Regulations 1982