Prisons Amendment Regulations 1992 (WA)

27 March 19921	GOVERNMENT GAZETTE, WA	1341
Citation 1. These regulations may be cited as the Prisons Amendment Regulations	1992.

vi,t9.114.

CORRECTIVE skvie

CS301

PRISONS ACT 1981

PRISONS AMENDMENT REGULATIONS 1992

Made by His Excellency the Governor in Executive Council.

1342 GOVERNMENT GAZETTE, WA [27 March 1992

Commencement

2.     These regulations shall come into operation on the day on which section

6 of the Prisons Amendment Act (No. 2) 1991 comes into operation.

Principal regulations

3. In these regulations the Prisons Regulations 1982* are referred to as the

principal regulations.

[* Reprinted as at 20 May 1986.

For amendments to 23 January 1992 see 1990 Index to Legislation

of Western Australia, p. 341, and the Gazettes of 9 August and 8 November 1991.1

Regulation 26 amended

4.      Regulation 26 of the principal regulations is amended -

(a) by repealing subregulations (1) to (3) and substituting the

following subregulations -

(1) Where a prison officer has reasonable grounds for suspecting that a prisoner has committed an aggravated prison offence under section 70 (d), (e) or (f) of the Act, the prison officer may take the prisoner to the superintendent, who -

(a)	subject to subregulation (2), may direct	an officer to take a sample of the blood,
saliva or urine of the prisoner; and
(b)	a medical officer to assess the prisoner to may request the prison medical officer or
determine whether he requires medical attention.

grounds for suspecting that a prisoner has committed (la) Where a prison officer has reasonable

subregulation (2a), require the prisoner to provide as the Act, the prison officer may, subject to	an aggravated prison offence under section 70 (U of
directed by the prison officer, a sample of his breatli.

(ib) Subject to subregulations (2) and (2a), the

superintendent may direct an officer to take -

(a) samples of the blood, saliva or urine of prisoners at random to detect whether an

aggravated prison offence under section committed by any prisoner; or 70 (d), (e) or (U of the Act has been

(b)	samples of the breath of prisoners at random to detect whether an aggravated
prison offence under section 70 (0 of the Act has been committed by any prisoner.

(2) A sample of the blood of a prisoner -

(a)	shall be taken by a prison medical officer, a medical officer or an officer who is
registered as a nurse under the Nurses Act 1968; and
(b)	shall be taken with a sterile syringe and

discharged into a sterile container.

27 March 19921 GOVERNMENT GAZETTE, WA 1343

(2a) A sample of the breath of a prisoner shall

be taken -

(a)	by means of apparatus of a type approved by the chief executive officer; and
(b)	by an officer who has been authorized by

Ye chief executive officer to use that

apparatus.

(3) A prisoner who is required to provide a
sample for the purposes of subregulation (1) (b), (in)

or (ib) shall submit himself for the taking of the sample.

(b) in subregulation (3a) by inserting after "alcohol" the following -

99

1 glue containing toluene "; and

(c) and substituting the following - in subregulations (4) and (5) by deleting "under this regulation"

99   11

under subregulation (1) (b) or (ib) (a)

Regulation 29 repealed and a regulation substituted

5.     Regulation 29 of the principal regulations is repealed and the following

regulation is substituted -

Admissibility of results of breath tests

49

29. The results of a test of a sample of breath taken from a prisoner under regulation 26 shall be admissible in evidence

nst the prisoner on a charge of a prison offence. ".

Regulation 85A inserted

6.     After regulation 85 of the principal regulations, the following regulation

is inserted -

Identification system for persons

entering specified prisons

94

85A. (1) A person shall not be permitted to enter a prison specified in the Table to this regulation unless he is stamped b an officer on a visible part of his skin with an identification mar that is visible under an ultraviolet lamp.

(2) Subregulation (1) does not apply to -

(a)	a person who is in possession of a current identification card issued by the Department to that person; or
(b)	a child under 12 years of age.

Table to this regulation may be required to submit to, and satisfy, (3) A person who is admitted to a prison specified in the

a system for checking the identification mark applied under subregulation (1) before being permitted to leave the prison, and an officer may have reasonable physical contact with such a

person for this purpose.

TABLE

Casuarina Prison

By His Excellency's Command,

M. C. WAUCHOPE, Clerk of the Council.