Inspector of Custodial Services Amendment Act 2011 (WA)

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Western Australia

Inspector of Custodial Services Amendment

Act 2011

Western Australia

Inspector of Custodial Services Amendment Act

2011

CONTENTS

1.

Short title

2

2.

Commencement

2

3.

Act amended

2

4.

Section 22 amended

2

5.

Section 28 amended

3

6.

Section 29 amended

3

7.

Section 30 amended

4

8.

Section 33A inserted

5

33A.

Inspector may give chief executive officer

or CEO show cause notice

5

9.

Section 33 amended

7

10.

Section 36 amended

8

Western Australia

Inspector of Custodial Services Amendment

Act 2011

No. 52 of 2011

An Act to amend the Inspector of Custodial Services Act 2003.

[Assented to 11 November 2011]

The Parliament of Western Australia enacts as follows:

Inspector of Custodial Services Amendment Act 2011

s. 1

1.             Short title

This is the Inspector of Custodial Services Amendment

Act 2011.

2.             Commencement

This Act comes into operation as follows —

(a)

sections 1 and 2 — on the day on which this Act receives the Royal Assent;

(b)

the rest of the Act — on a day fixed by proclamation, and different days may be fixed for different provisions.

3.             Act amended

This Act amends the Inspector of Custodial Services Act 2003.

4.             Section 22 amended

(1)

In section 22 delete “The” and insert:

(1) The

(2)

At the end of section 22 insert:

(2)

Without limiting subsection (1), a review may be

carried out under that subsection of the following or

any aspect of the following —

(a)

a custodial service in relation to one or more particular prisoners;

(b)

a custodial service in relation to one or more particular detainees;

(c)

a custodial service (CSCS Act) in relation to one or more particular persons in custody.

Inspector of Custodial Services Amendment Act 2011

s. 5

5.             Section 28 amended

In section 28(1):

(a)

delete “section 22(a),” and insert:

section 22(1)(a) or (2)(a),

(b)

in paragraph (g) delete “prison; and” and insert:

prison or to a person who is, or has been, a prisoner; and

(c)

in paragraph (h)(ii) delete “contract.” and insert:

contract; or

(d)

after paragraph (h)(ii) insert:

(iii)      a person who is, or has been, a prisoner in a prison that is a subject of a contract.

(e)

after each of paragraphs (a) to (f) insert:

and

6.             Section 29 amended

In section 29(1):

(a)

delete “section 22(b),” and insert:

section 22(1)(b) or (2)(b),

Inspector of Custodial Services Amendment Act 2011

s. 7

(b)

in paragraph (g) delete “centre.” and insert:

centre or to a person who is, or has been, a detainee.

(c)

after each of paragraphs (a) to (e) insert:

and

7.             Section 30 amended

In section 30(1):

(a)

delete “section 22(c),” and insert:

section 22(1)(c) or (2)(c),

(b)

delete paragraph (g) and insert:

(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) or to a person who is, or has been, a person in custody —

(i)      in a court custody centre or lock-up; or

(ii)      in a vehicle described in paragraph (d); or

(iii)      in relation to whom a custodial service (CSCS Act) is, or has been, provided;

and

(c)

in paragraph (h)(ii) delete “contract.” and insert:

contract; or

Inspector of Custodial Services Amendment Act 2011

s. 8

(d)

after paragraph (h)(ii) insert:

(iii)      a person who is, or has been, a person in custody —

(I)

in a court custody centre or lock-up that is a subject of a contract; or

(II)

in a vehicle described in

paragraph (d); or

(III)

in relation to whom a custodial

service (CSCS Act) that is a

subject of a contract is, or has

been, provided.

(e)

after each of paragraphs (a) to (f) insert:

and

8.             Section 33A inserted

At the end of Part 4 Division 2 insert:

33A.

Inspector may give chief executive officer or CEO

show cause notice

(1)

In this section —

responsible officer means —

(a)

in relation to a prisoner — the chief executive officer as defined in the Prisons Act 1981 section 3(1); or

(b)

in relation to a detainee — the chief executive Act 1994 section 3; or

Inspector of Custodial Services Amendment Act 2011

s. 8

(c)

in relation to a person in custody — the CEO.

(2)

Subsection (3) applies if the Inspector suspects on

reasonable grounds —

(a)

that there is, or has been, a serious risk to the security, control, safety, care or welfare of a prisoner, detainee or person in custody; or

(b)

that a prisoner, detainee or person in custody is being, or has been, subjected to cruel, inhuman or degrading treatment.

(3)

The Inspector may give the responsible officer a

written notice (a show cause notice) —

(a)

specifying the matters in relation to which subsection (2)(a) or (b) applies; and

(b)

requiring the responsible officer to show cause why the Inspector should not refer those matters to the Minister.

(4)

The show cause notice must specify a period of at least 3 days within which the notice must be complied with.

(5)

The responsible officer may, within the period

specified in the show cause notice, make submissions,

either orally or in writing, or provide evidence to the

Inspector with respect to the matters specified in the

notice.

(6)

Having considered any submissions made or evidence

provided under subsection (5), the Inspector —

(a)

may refer any matter specified in the show cause notice to the Minister; or

(b)

may decide to take no further action with respect to the matter.

(7)

If the Inspector refers a matter to the Minister under subsection (6)(a), the Inspector must give advice or

Inspector of Custodial Services Amendment Act 2011

s. 9

make recommendations to the Minister as the Inspector

considers appropriate in relation to the matter.

(8)

The Inspector may, by written notice given to the

responsible officer, withdraw a show cause notice.

9.             Section 33 amended

(1)

In section 33(2):

(a)

in paragraph (e) delete “June.” and insert:

June; and

(b)

after paragraph (e) insert:

(f)

include those details in the report — details of

any show cause notice given under

if the Inspector considers it appropriate to ending on the preceding 30 June.

(c)

after each of paragraphs (a) to (c) insert:

and

(2)

After section 33(2) insert:

(3A)

If, under subsection (2)(f), the Inspector includes in the

report details of a show cause notice, the Inspector

must also include details of any submissions made or

evidence provided to the Inspector under

section 33A(5) with respect to the matters specified in

the notice.

Inspector of Custodial Services Amendment Act 2011

s. 10

(3B)

If the Inspector considers it appropriate to do so

because of the extent of the submissions made or

evidence provided to the Inspector under

section 33A(5), the Inspector may comply with

subsection (3A) by including in the report a summary

of those submissions or that evidence.

10.           Section 36 amended

In section 36(1)(b) delete “section 22(c),” and insert:

section 22(1)(c) or (2)(c),

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