Police Force Amendment Regulations 2019 (WA)

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WESTERN 3509
AUSTRALIAN
GOVERNMENT

G az ISSN 1448-949X (print)

PRINT POST APPROVED PP665002100041 ett ISSN 2204-4264 (online)

PERTH, TUESDAY, 1 OCTOBER 2019 No. 142 SPECIAL
PUBLISHED BY AUTHORITY KEVIN J. McRAE, GOVERNMENT PRINTER AT 12.30 PM
STATE OF WESTERN AUSTRALIA

Police Act 1 892

Police Force Amendment Regulations 2019

Made by the Commissioner of Police under section 9 of the Act.
1.            Citation

These regulations are the Police Force Amendment
Regulations 2019.
2.            Commencement
These regulations come into operation as follows -

(a) regulations I and 2 - on the day on which these regulations are published in the Gazette;
(b) the rest of the regulations - on the day after that day.
3.            Regulations amended
These regulations amend the Police Force Regulations 1979.

In regulation 105 after "VI," insert:
4.            Regulation 104 amended
In regulation 104 after "VI," insert:
5.            Regulation 105 amended

:)'510 GOVERNMENT GAZETTE, WA 1 October 2019
Police Force Amendment Regulations 2019
r. 6
6. Part VII inserted
After regulation 6Al2 insert:

Part VII— Custody notification service

701. Terms used

In this Part—
ALSWA means the Aboriginal Legal Service of
Western Australia Limited (ACN 617 555 843);
ALSWA representative means a person employed or
engaged by ALSWA;
CNS person means an Aboriginal person or a Torres
Strait Islander who is -

(a) arrested or apprehended by a member under a written law; and
(b) detained at a police facility in police custody;
police facility means a police station or other premises managed or controlled by the Commissioner at which a CNS person may be detained in police custody;
responsible officer means the member who is for the
time being responsible for the custodial management of

a CNS person detained at a police facility in police
custody.
702. Other written laws not affected

Investigation Act 2006, Young Offenders Act 1994,

Nothing in this Part limits the operation of the Criminal or any other written law in relation to CNS persons.

1 October 2019 GOVERNMENT GAZETTE, WA 1511
Police Force Amendment Regulations 2019
r. 6

703. ALSWA to be notified of detention of CNS person
at police facility

(1)

Immediately after a CNS person has been detained at a police facility in police custody, the responsible officer must ensure that -

(a)

the CNS person is informed that ALSWA will be notified by telephone of the CNS person's detention at the police facility; and
(b) ALSWA is notified by telephone accordingly.

(2) The responsible officer must ensure that the
notification given under subregulation (1)(b) includes
the following information -

(a) the name of the CNS person;

(b)

the police facility where the CNS person is detained in police custody;

(c)

the reason why the CNS person is detained in police custody;

(d)

the period during which the CNS person has been detained in police custody;

(e)

if the CNS person has been arrested, whether the CNS person is likely to be granted bail by a member authorised to do so;

(f) if the CNS person has been arrested, the location where the CNS person is going to be detained if the CNS person is not granted bail by a member authorised to do so;
(g) that an ALSWA representative may speak by telephone to the CNS person as soon as the ALSWA representative wants to do so;

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Police Force Amendment Regulations 2019
r. 6

(h) the name, registered number and telephone
number of the responsible officer;
(i)any other information relating to the
CNS person that the responsible officer considers appropriate to be given to ALSWA.

(3) For the purposes of the telephone conversation between
the ALSWA representative and the CNS person
referred to in subregulation (2)(g), the responsible
officer must ensure that the CNS person is able to
speak to the ALSWA representative for a reasonable
period.
(4) As soon as practicable after the CNS person has

completed the telephone conversation with the available to be contacted by the ALSWA representative to discuss -

(a) any concerns held by the ALSWA
representative regarding the welfare of the
CNS person, including any need the
CNS person has for medical attention; and
(b) if the CNS person has been arrested -
(i)whether the CNS person needs the
services of an interpreter, or the

presence of a support person, when the
CNS person is interviewed in relation to the offence for which the CNS person has been arrested; and
(ii) whether the CNS person proposes to
apply for bail.

1 October 2019 GOVERNMENT GAZETTE, WA 351
Police Force Amendment Regulations 2019
r. 6
704. Responsible officer to ensure record made of notification given to, and other contact with, ALSWA
The responsible officer must ensure a record is made of—

(a)

a CNS person being informed under regulation 703(1)(a); and
(b) ALSWA being notified under
regulation 703(1)(b); and

(c)

any other occasion when there is contact between a member and ALSWA in respect of a CNS person, including details of any matters discussed during that contact.
C. DAWSON, Commissioner of Police.
M. ROBERTS, Minister for Police.

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Police Force Amendment Regulations 2019 (WA)

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(a)	regulations I and 2 - on the day on which these regulations are published in the Gazette;
(b)	the rest of the regulations - on the day after that day.

(a)	arrested or apprehended by a member under a written law; and
(b)	detained at a police facility in police custody;

703.	ALSWA to be notified of detention of CNS person at police facility
(1)	Immediately after a CNS person has been detained at a police facility in police custody, the responsible officer must ensure that -

(a)	the CNS person is informed that ALSWA will be notified by telephone of the CNS person's detention at the police facility; and
(b)	ALSWA is notified by telephone accordingly.

(a)	the name of the CNS person;
(b)	the police facility where the CNS person is detained in police custody;
(c)	the reason why the CNS person is detained in police custody;
(d)	the period during which the CNS person has been detained in police custody;
(e)	if the CNS person has been arrested, whether the CNS person is likely to be granted bail by a member authorised to do so;

(f)	if the CNS person has been arrested, the location where the CNS person is going to be detained if the CNS person is not granted bail by a member authorised to do so;
(g)	that an ALSWA representative may speak by telephone to the CNS person as soon as the ALSWA representative wants to do so;

(3)	For the purposes of the telephone conversation between
the ALSWA representative and the CNS person referred to in subregulation (2)(g), the responsible officer must ensure that the CNS person is able to speak to the ALSWA representative for a reasonable period.
(4)	As soon as practicable after the CNS person has
completed the telephone conversation with the available to be contacted by the ALSWA representative to discuss -

(a)	any concerns held by the ALSWA
representative regarding the welfare of the CNS person, including any need the CNS person has for medical attention; and
(b)	if the CNS person has been arrested -

(a)	a CNS person being informed under regulation 703(1)(a); and
(b)	ALSWA being notified under regulation 703(1)(b); and
(c)	any other occasion when there is contact between a member and ALSWA in respect of a CNS person, including details of any matters discussed during that contact.