Prisons (Amendment) Act 1984 (NSW)

PRISONS (AMENDMENT) ACT, 1984, No. 63

êtt3 i ôuti) Males;

ANNO TRICESIMO TERTIO

ELIZABETHS H BEGINS

Act No. 63, 1984.

An Act to amend the Prisons Act, 1952, so as to provide for the issue of commissions to certain prison officers and for the taking or making of oaths or affirmations of office by members of the Corrective Services Commission of New South Wales and commissioned prison officers. [Assented to, 19th June, 1984.]

Act No. 63, 1984.

Prisons (Amendment).

BE it enacted by the Queen’s Mo.st Excellent Majesty, by and with the advice and consent of the Legislative Council and Legislative Assembly of New South Wales in Parliament assembled, and by the authority of the same, as follows;—

Short title.

1.     This Act may be cited as the “Prisons (Amendment) Act, 1984’’.

Commencement.

2. (1) Except as provided by subsection (2), this Act shall commence

on the date of assent to this Act.

(2) Schedule 2, and section 4 in its application to that Schedule, shall

commence on such day as may be appointed by the Governor in respect

thereof and as may be notified by proclamation publLshed in the Gazette,

Schedules.

3.      This Act contains the following Schedules:—

SCHEDULE 1.— A m e n d m e n t s t o t h e P r is o n s A c t , 1 9 5 2 , R e l a t i n g

TO THE C o m m i s s i o n i n g o f O f f i c e r s .

SCHEDULE 2 ,— A m e n d m e n t s t o t h e P r is o n s A c t , 1 9 5 2 , R e l a t i n g

TO O a t h s and A f f i r m a t i o n s .

Amendment of Act No. 9, 1952.

4, The Prisons Act, 1952, is amended in the manner set forth in

Schedules I and 2.

Act No. 63, 1984, 3

Prisonx (Amendment).

SCHEDULE 1,

(Sec. 4.)

A m e m >m i ; n i s t o t h e P r is o n s A c t , 1 9 52 , R e i .atinci t o t h e

C o m m i s s i o n i n g of O f f i c e r s .

(1) Section 30a—

After section 30, insert:—^

Commissioned and non-commissioned prison ollieers.

3 0 a . f l ) There shall be two classifications of prison officers, as follows: —

fa) commissioned prison officers;

(b) non-commissioned prison officers.

f2) Prison officers of or above the rank of Assistant Superintendent arc commissioned prison officers,

(3) Prison officers below the rank of Assistant Superinten­ dent are non-commissioned prison officers,

(4) The Governor may issue commissions to commissioned

prison officers,

f5) A prison officer of or above the rank of Assistant Superintendent shall, whether or not the officer has been issued with a commission, be deemed to have been commissioned as an officer of the relevant rank at the date of appointment of the officer to that rank.

(2) Section 31 (2 )—

At the end of section 3 1, insert: —

(2) It is the responsibility of commissioned prison officers to exercise and perform their powers, authorities, duties and functions in connection with the administration and management of prisons at all such times as the Commission, having regard to exigencies then existing, may from time to time direct.

4  Act No. 63, 1984.

Prisons {Amendment).

SCHEDULE i— continued.

A m e n d m e n t s t o t h e P r is o n s A c t , 1 9 5 2 , R e l a t i n g t o t h e

C o m m i s s i o n i n g o f O f f i c e r s —continued.

(3) Section 50 (1) (n )—

After section 5 0 ( 1 ) ( m ) , insert:—

(n) the determining of the order of ranking of the various ranks of prison officers or the order of ranking of particular ranks of prison officers in relation to other ranks of prison officers.

SCHEDULE 2.

(Sec. 4.)

A m e n d m e n t s t o t h e P r is o n s A c t , 1 9 5 2 , R e l a t i n g t o O a t h s a n d

Affirmations.

(1) Section 48 e—

After section 4 8 d , insert:—

Oath or affirmation of office.

4 8 e . (1) A Commissioner or commissioned prison officer may

take the oath set out in Schedule 6 or make the affirmation set out

in Schedule 7.

(2) A person who, having been appointed as a Commis­ sioner or commissioned prison officer, neglects to take the oath or make the affirmation for the period of one month after the appoint­ ment is made shall, unless the person has previously taken or made the relevant oath or affirmation, be deemed to have declined the appointment, and—^

(a)	in the case of a Commissioner, shall be deemed to have vacated the office; and
(b)	in the case of a commissioned prison oflicer, .shall be deemed to revert to the rank (if any) previously held by the person.

Act No. 63, 1984.	5
Prisons {Ameruiment).

SCHEDULE 2—continued.

A m e n d m e n t s t o t h e P rtsons A c t , 1 9 5 2 , R e l a t i n g t o O a t h s a n d

A f f i r m a t i o n s —continued.

(3) Subsection (2) does not apply to an appointment held by a person at the commencement of this section, but does apply to a subsequent appointment (including a subsequent re-appointment) of the person as a Commissioner or to another rank as commissioned prison officer.

(4) Subsections (2) and (3) do not apply to an acting or

temporary appointment.

(5) The oath or aihrmation shall—

(a) be administered or received by a Justice of the Peace;

(b)	be subscribed by the person by whom it is taken or made; and
(c)	be forwarded by the Justice of the Peace before whom it is taken or made to the Commission or such oflicer as may be prescribed.

(2) Schedules 6, 7—

After Schedule 5, insert:—

SCHEDULE 6.

(Sec. 48e .)

O ath of O f fic e .

I . . . do .swear that I will be faithful and bear true allegiance to Her Majesty Queen Elizabeth II, her heirs and successors according to law. I do swear that 1 will well and truly serve our Sovereign Lady Queen Elizabeth II iti the oflice ot Member of the Corrective Services Commission of New South Wales nr Commi.ssioned Prison Officer [rts the case may he] and I will do right to all manner of people after the laws and usages of the State of New South Wales without fear or favour, affection or ill will.

SO HELP ME GOD.

Sworn and subscribed at

this	day ot
, 19 Signature
before me—

Justice of the Peace

6  Act No. 63, 1984.

Pfisons (Amciulmen!).

SCHEDULE 2—continued.

A m e n d m e n t s t o t h e P r is o n s A c t , 1 952 , R e l m t n c t o O a 'i h s a n d

A f f i r m a t i o n s — co/iH 'm/ed.

SC H ED U LE 7.

(Sec. 48 e .)

Affirm ation of O f f ic f .

I . . . do solemnly, sincerely and truly declare and affirm that I will be faithful and bear true allegiance to Her Majesty Queen Elizabeth II, her heirs and successors according to law, 1 do solemnly, sincerely and truly declare and affirm that 1 will well and truly serve our Sovereign Lady Queen Elizabeth II in the office of Member of the Corrective Services Commission of New South Wales or Commissioned Prison Officer [ui the ca.w may be\. and I will do right to all manner of people after the laws and usages of the State of New South Wales without fear or favour, affection or ill will.

Subscribed at

this	day of
. 19 Signature
before me—■

Justice of the Peace