Prisons Amendment Regulations 2007 (WA)

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3 April 2007 GOVERNMENT GAZETTE, WA 1493
JU302*

Prisons Act 1981

Prisons Amendment Regulations 2007
Made by the Governor in Executive Council.
1.            Citation
These regulations are the Prisons Amendment Regulations 2007.

(a) before "In" by inserting the subregulation designation "(1)";
2.            Commencement
These regulations come into operation on the day on which the into operation.
3.            The regulations amended

The amendments in these regulations are to the Prisons
Regulations 1982*.
[* Reprinted as at 19 November 2004.]
4.            Regulation 2 amended

(1) Regulation 2 is amended as follows:

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3 April 2007

(b) by inserting after "In these regulations" -
46

unless the contrary intention appears

(c)

by deleting the full stop after the definition of "organization" and inserting instead a semicolon;
(d) by inserting in the appropriate alphabetical positions -
M.

"approved" means approved in writing by the chief

executive officer;

"supervision" by a person of a prisoner does not

require the person to be in the physical presence of
the prisoner.

(2) At the end of regulation 2 the following subregulation is
inserted -
(2) In these regulations a reference to -

(a) a person being "in charge" of a prisoner; or
(b) a prisoner being "in the charge" of a person,
is a reference to the person being in the physical
presence of the prisoner and having reasonable control
over him or her.

5. Regulation 14 replaced
Regulation 14 is repealed and the following regulation is inserted instead -

14. Duty regarding prisoner absent from prison
A prison officer in charge or having the supervision of

stipulations of the relevant permit for absence, or order any prisoner absent from a prison shall ensure that the prisoner complies with the provisions, conditions and
under section 85 of the Act, relating to the prisoner,
and shall at all times keep the prisoner under the prison
officer's charge or supervision.
6. Regulation 18 amended
Regulation 18(1)(b) is amended by inserting after "his charge" -
44
or under his supervision

7. Regulation 26 amended

Regulation 26 is amended by deleting the definition of
"approved".

3 April 2007 GOVERNMENT GAZETTE, WA 1495
8. Regulation 26C amended
Regulation 26C(3)(b) is amended by deleting "person approved by the chief executive officer" and inserting instead -
approved person ".
9. Part V Division 1 heading inserted

Before regulation 32 the following heading is inserted in
Part V-
"

Division 1 - Prisoner property

10. Regulation 33 amended

Regulation 33(2) is amended by deleting "section 22" and
inserting instead -
46 section 85 ".
11. Part V Division 2 heading inserted
After regulation 37 the following heading is inserted -
44

Division 2 - Prisoner records

12. Regulation 39 amended
Regulation 39(3) is repealed.
13. Part V Division 3 heading inserted
After regulation 39 the following heading is inserted -

Division 3 - Prisoner conduct

14. Part V Division 4 heading inserted
After regulation 42 the following heading is inserted
Division 4— Prisoner work

15. Part V Division 5 heading inserted
After regulation 44 the following heading is inserted -

"

Division 5 - Prisoner gratuities and other moneys

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16. Regulation 45B amended

(1) Regulation 45B is amended by inserting before "Where" the
subregulation designation "(1)".
(2) At the end of regulation 45B the following subregulation is
inserted -

(2) Where a prisoner's gratuities are cancelled for a period

not exceeding 14 days under a determination under continue to perform work.

17. Part V Division 6 heading inserted
After regulation 50 the following heading is inserted -
Division 6 - Information provided to prisoners
18. Part V Division 7 heading inserted
After regulation 51 the following heading is inserted -

Division 7 - Visitors

19. Regulation 54A repealed
Regulation 54A is repealed.
20. Part V Division 8 heading inserted
After regulation 54BA the following heading is inserted

Division 8 - Separation of prisoners

21. Part V Divisions 9, 10 and 11 inserted

After regulation 54C the following Divisions are inserted into
Part V —

Division 9 - Absence permits

54D. Prescribed purposes or circumstances for absence
permits
For the purposes of section 83(3)(a) of the Act, a prescribed purpose is, or prescribed circumstances are -
(a) facilitating the rehabilitation of a prisoner and

the successful reintegration of the prisoner into
the community;

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(b)

facilitating the education and training of a prisoner;

(c)

facilitating the employment, or the preparation for employment, of a prisoner;

(d)

facilitating participation by a prisoner in community work or work associated with the operation of the prison;

(e)

facilitating the maintenance by a prisoner of cultural ties and enabling the prisoner to meet cultural obligations;
(1) facilitating the observance by a prisoner of
religious or spiritual beliefs or practices;

(g)
facilitating a prisoner's participation in will promote the wellbeing of the prisoner;

(h) preparing a prisoner for release;
(i) facilitating the maintenance of contact between a prisoner and his or her family, or any other approved person, and enabling the prisoner to meet responsibilities to that family or person, including parental or guardianship responsibilities;

(j)

enabling the prisoner to be absent from prison on compassionate grounds;

(k)

facilitating the provision of medical, dental or other approved ancillary health services to a prisoner;
(I) facilitating the investigation of an offence or
the administration of justice.

54E. Duration of absence permit

(1) In the case of an absence permit for a purpose or in circumstances mentioned in regulation 54D(a), (b), (c),
(d), (e), (f), (g) or (h), the period specified in the
absence permit under section 83(2)(a) of the Act shall
be not longer than -

(a)

the shortest period reasonably required for that purpose or in those circumstances, including travel time; or

(b)

12 hours, plus travelling time to and from the prison,
whichever is shorter.

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(2) In the case of an absence permit for a purpose or in circumstances mentioned in regulation 541)(i), the period specified in the absence permit under
section 83(2)(a) of the Act shall be not longer than -

(a)

the shortest period reasonably required for that purpose or in those circumstances, including travel time; or

(b)

36 hours, plus travelling time to and from the prison,
whichever is shorter.

(3) In the case of an absence permit for a purpose or in circumstances mentioned in regulation 54136), (k) or (1), the period specified in the absence permit under
section 83(2)(a) of the Act shall be the shortest period
reasonably required for that purpose or in those
circumstances, including travel time.

54F. Eligibility for absence permit

(1) A prisoner is not eligible to receive an absence permit
except in accordance with this regulation.
(2) Every prisoner is eligible to receive an absence permit
for a purpose or in circumstances mentioned in
regulation 54D(j), (k) or (1).
(3) A prisoner who has been given a minimum security
rating by the chief executive officer is eligible to
receive an absence permit for a purpose or in
circumstances mentioned in regulation 541)(a), (b), (c),
(d), (e), (f), (g), (h) or (i).
(4) A prisoner sentenced to a life term or indefinite
imprisonment is eligible to receive an absence permit
for a purpose or in circumstances mentioned in

regulation 541)(a), (b), (c), (d), (e), (0, (g), (h) or (i) if
that purpose is, or those circumstances are, part of a
re-socialisation programme approved under the
Sentence Administration Act 2003 section 13.

54G. Arrangements relating to accommodation and
community work
The chief executive officer may -
(a) enter into an arrangement with a person for -
(i)     a prisoner to stay in accommodation provided or arranged by the person; or
(ii)     a prisoner to perform community work for, or arranged by, the person; or
(iii)     the person to accompany the prisoner,

3 April 2007 GOVERNMENT GAZETTE, WA 1499
while the prisoner is absent from prison on an
absence permit; and

(b) as part of an arrangement under

paragraph (a)(ii), require a financial
contribution, payment or commitment from the
person to cover expenses incurred by the
Department in relation to the absence permit.

541-I. Terms of paid employment of prisoner on an
absence permit
Where a prisoner is in paid employment while absent from prison on an absence permit, the terms and conditions, including the amount payable, in respect of the employment shall be -
(a) the terms and conditions including the amount payable under any award or agreement in force under -
(i) the Industrial Relations Act 1979; or
(ii) the Industrial Relations Act 1988 of the Commonwealth,

that applies to the employment; or

(b) if there is no such award or agreement - such

terms and conditions, including the amount
payable, as are agreed upon by the employer
and the chief executive officer.

541. Appointment of escorts and supervisors
The chief executive officer may appoint as an escort or supervisor of a prisoner who is absent from prison on an absence permit -

(a) a prison officer; or

(b) a contract worker as defined in the Court
Security and Custodial Services Act 1999
section 3; or
(c) any other person who the chief executive officer thinks is fit to be appointed as an escort or supervisor.

54J. Restrictions of giving absence permits

The chief executive officer shall not give an absence permit to a prisoner unless he or she is satisfied that the prisoner will, at all times that the prisoner is absent from prison under the permit, comply with every condition of the permit.

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54K. Standard conditions of absence permits
(1) An absence permit is subject to the condition that the
prisoner shall -

(a) at all times that the prisoner is absent from prison under the permit, remain in the charge of an escort, or under the supervision of a supervisor, as specified in the permit; and
(b) comply with every order or direction of that escort or supervisor.

(2) An absence permit for a period requiring overnight accommodation is subject to the condition that the prisoner shall stay in approved accommodation and no
other accommodation.

54L. Amounts deducted from moneys paid to a prisoner
on an absence permit
(1) The chief executive officer may order a deduction from moneys paid to a prisoner employed while the prisoner is absent from prison on an absence permit -

(a)

to pay any outstanding fines, restitution or compensation payable by the prisoner under a conviction by a Court or a determination under Part VII of the Act; or
(b) for the prisoner's savings or purchases; or

(c)

for the prisoner's contributions to the upkeep of his or her family, or any other approved person; or

(d)

to defray any expenses relating to board or employment incurred while the prisoner was absent on the permit.

(2) When money is deducted under subregulation (1), the balance remaining shall not be less than one week's
gratuities payable for work classified under
regulation 44(1) as Level 1.
Division 10 - Interstate absence permits

54\I. Interpretation
In this Division, unless the contrary intention
appears -
"corresponding law" means a law that is declared to

be a corresponding law in regulation 54N;

"external facility" has the meaning given to that term
in section 23(1) of the Act;

"interstate escort" means a person who is authorised
under an interstate absence permit to escort an
interstate prisoner to or through this State;

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"interstate absence permit" -

(a)

in relation to a prisoner in this State, means an absence permit authorising the person to travel to or through a participating State or Territory; and

(b)

in relation to an interstate prisoner, means a permit given under a corresponding law authorising the prisoner to travel to or through this State;
"interstate prisoner" means a person imprisoned in a

participating State or Territory;

"participating State or Territory" means any other State or a Territory in which a corresponding law is in force.

54N. Corresponding laws

A law of another State or a Territory specified in the corresponding law for the purposes of this Division.

Table

Law State/Territory

Prisoners' Interstate Leave Australian Capital Territory
Act 1997
Crimes (Administration of New South Wales
Sentences) Act 1999 Part 2
Division 3 Subdivision 2
Prisons (Correctional Northern Territory
Services) Act Part XVII
Division 2
Corrective Services Act 2006 Queensland
Chapter 2 Part 2 Division 9
Correctional Services South Australia

Act 1982 Part 4 Division 5

Corrections Act 1997 Part 6 Tasmania
Corrections Act 1986 Victoria
Part 8A
540. Interstate absence permit
The chief executive officer may, if he or she thinks it is appropriate, give to a prisoner in this State an interstate absence permit for any purpose that, or in any
circumstances where, an absence permit may be given.

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54P. Notice to participating State or Territory
On giving an interstate absence permit to a prisoner in this State, the chief executive officer shall give written notice of the fact that the permit has been given, and of the period of the permit -
(a) in relation to the participating State or Territory to which the prisoner is travelling -

(i)
to the officer responsible for the described) in that State or Territory; and
(ii) to the chief officer of police of that State or Territory;

and

(b) in relation to any other participating State or Territory through which the prisoner is travelling - to the chief officer of police of that State or Territory.

54Q. WA escorts
If it is a condition of an interstate absence permit given to a prisoner in this State that the prisoner shall be escorted to or through a participating State or Territory, the permit -

(a)

authorises the escort to be in charge of the prisoner for the purpose of escorting the prisoner to or through the participating State or Territory in accordance with the permit; and

(b)

authorises the escort to be in charge of the prisoner for the purpose of returning the prisoner to the prison or any external facility from which the prisoner is absent,

except for any period during which the prisoner is in
custody in a prison in a participating State or Territory
under a provision of a corresponding law
corresponding with regulation 54R(2) or 54T.

54R. Interstate escorts

(1) An interstate escort is authorised, while in this State -

(a)

to be in charge of an interstate prisoner for the purposes and period set Out in the relevant interstate absence permit; and

(b)

to be in charge of the interstate prisoner for the purpose of returning the prisoner to the participating State or Territory,
except for any period during which the prisoner is in
custody in a prison, external facility or police lock-up
under subregulation (2) and regulation 54T.

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(2) If the interstate prisoner is in the charge of an interstate escort and requires overnight accommodation while in this State, the prisoner may, at the request of the escort,
be detained in a prison, external facility or police lock-up for that period, and the relevant interstate absence permit is sufficient authority for that detention.

54S. Arrest of interstate prisoners

If, while an interstate prisoner is in this State, the prisoner -

(a) escapes or attempts to escape from the charge of an interstate escort or from the custody of a prison, external facility or police lock-up under
regulation 54R(2); or

(b)

otherwise breaches a condition of the relevant interstate absence permit,
the prisoner may be arrested, without warrant, by a and taken to the nearest police station.
prison officer, a police officer, the prisoner's escort, if
any, or a contract worker as defined in the Court

54T. Return of arrested interstate prisoners to State or
Territory of origin

(1) An interstate prisoner who is arrested under

regulation 54S shall be brought before a court of
summary jurisdiction within 2 working days of the day
of arrest and may be detained in a prison, external
facility or police lock-up until that occurs.
(2) The court of summary jurisdiction may, if the Court
thinks appropriate, order that the prisoner -

(a) be returned by the prisoner's interstate escort to

the State or Territory in which the relevant
interstate absence permit was given; or

(b)

be delivered into the custody of another escort for the purposes of being returned to that State or Territory,
as the case requires.

(3) If an order is made under subregulation (2)(b) -
(a) the prisoner may be detained in a prison,
external facility or police lock-up until -
(i) the order is executed; or
(ii) the expiration of 7 days from the making of the order,

whichever occurs first; and

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(b) the order, if not executed, expires at the end of
that 7 day period.

54U. Status of detained interstate prisoners
An interstate prisoner shall, while detained in a prison,
external facility or police lock-up under
regulation 54R(2) or 54T, be taken to be a prisoner for
the purposes of—

(a) the Act; and

(b)

these regulations except paragraph (a) of the definition of "interstate absence permit" in regulation 54M.

Division 11 - Bring up orders

54V. Superintendent authorised to issue bring up order

A superintendent of a prison is authorised for the purposes of section 85(1)(c) of the Act.
54W. Custody of prisoners on bring up orders
Where an order under section 85 of the Act is made -
(a) the superintendent of the prison in which the

prisoner is confined may charge a prison officer
or officer with the execution of the order; and

(b) a prisoner who is brought up under the order
shall-
(i) while absent from a prison or other facility for the purpose specified in the order, be kept in the charge of a prison officer, officer or police officer; and
(ii) in due course and subject to any lawful order to the contrary, be returned to the

custody from which the prisoner was
brought up without prejudice to any
cause or matter for which he or she was
in that custody;
and

(c) if the proceeding that the prisoner is required to attend is adjourned, the prisoner may during the adjournment -
(i) be taken to and confined in any prison or be kept at any place in the charge of the prison officer or officer charged

with the execution of the order, a police
officer or a contract worker as defined
in the Court Security and Custodial
Services Act 1999 section 3; and

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(ii) be brought up from time to time and
day-to-day to the court or place where
his or her attendance is required.

22. Regulation 73 amended
Regulation 73(2) is repealed.
23.          Regulation 80 amended
Regulation 80(6) is amended by deleting "apparatus approved by the chief executive officer." and inserting instead -
approved apparatus. ".
24.          Regulation 81A amended

Regulation 8 1A is amended by deleting the definition of
"approved".
25.          Regulation SiB amended
Regulation 81B(1)(a) is amended by deleting "a training programme approved by the chief executive officer;" and inserting instead -
44
an approved training programme; ".
26.          Regulations 87 and 88 inserted
After regulation 86 the following regulations are inserted -
87.          Restriction of access to exchange information:
s. 113(9)(b)

(1)

A person shall not publish information disclosed under section 113 (6) of the Act without the written approval

of the chief executive officer.
Penalty: a fine of$1 000.

(2)

The chief executive officer shall not give approval under subregulation (1) unless the chief executive officer is satisfied that -

(a)

the research for which the information was disclosed was conducted in a methodologically sound manner; and

(b)

the report based on that research is factually correct; and

(c)

the publication does not identify individuals, reveal confidential Departmental information or otherwise pose a security risk to the operations of the Department.

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88. Prescribed kinds of information disclosed to victims
For the purposes of section 113B(2) of the Act, prescribed kinds of information are —

(a) details of where the prisoner is being detained or is otherwise located while serving a sentence and notification and details of any proposed transfer;
(b) any security rating assigned to the prisoner by the chief executive officer and notification and details of any proposed change in that security rating;
(c) details of each sentence the prisoner is serving and notification and details of any changes resulting from any appeal;
(d) the date, time and circumstances of any escape from custody by the prisoner and notification of the subsequent recapture of the prisoner;
(e) notification of the death, or entry into hospice care, of the prisoner;
(f) a description of any programme in which the prisoner has participated or is participating while in prison;
(g) notification and details of any release or absence from custody of the prisoner;
(h) details of any conditions attached to the release or absence from custody of the prisoner impacting on the victim and notification when any of those conditions cease to have effect;
(i) the region, city, town or suburb in which the prisoner will reside upon release;

(j) a photograph of the prisoner.

By Command of the Governor, M. C. WAUCHOPE, Clerk of the Executive Council.

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(c)	by deleting the full stop after the definition of "organization" and inserting instead a semicolon;
(d)	by inserting in the appropriate alphabetical positions -

(a)	a person being "in charge" of a prisoner; or
(b)	a prisoner being "in the charge" of a person,

54D.	Prescribed purposes or circumstances for absence permits
For the purposes of section 83(3)(a) of the Act, a prescribed purpose is, or prescribed circumstances are -

(b)	facilitating the education and training of a prisoner;
(c)	facilitating the employment, or the preparation for employment, of a prisoner;
(d)	facilitating participation by a prisoner in community work or work associated with the operation of the prison;
(e)	facilitating the maintenance by a prisoner of cultural ties and enabling the prisoner to meet cultural obligations;

(j)	enabling the prisoner to be absent from prison on compassionate grounds;
(k)	facilitating the provision of medical, dental or other approved ancillary health services to a prisoner;

(1) In the case of an absence permit for a purpose or in	circumstances mentioned in regulation 54D(a), (b), (c),
(d), (e), (f), (g) or (h), the period specified in the absence permit under section 83(2)(a) of the Act shall be not longer than -

(a)	the shortest period reasonably required for that purpose or in those circumstances, including travel time; or
(b)	12 hours, plus travelling time to and from the prison,

(a)	the shortest period reasonably required for that purpose or in those circumstances, including travel time; or
(b)	36 hours, plus travelling time to and from the prison,

541-I.	Terms of paid employment of prisoner on an absence permit
Where a prisoner is in paid employment while absent from prison on an absence permit, the terms and conditions, including the amount payable, in respect of the employment shall be -

(b)	a contract worker as defined in the Court
Security and Custodial Services Act 1999
section 3; or
(c)	any other person who the chief executive officer thinks is fit to be appointed as an escort or supervisor.

54J.	Restrictions of giving absence permits
The chief executive officer shall not give an absence permit to a prisoner unless he or she is satisfied that the prisoner will, at all times that the prisoner is absent from prison under the permit, comply with every condition of the permit.

(a)	at all times that the prisoner is absent from prison under the permit, remain in the charge of an escort, or under the supervision of a supervisor, as specified in the permit; and
(b)	comply with every order or direction of that escort or supervisor.

(a)	to pay any outstanding fines, restitution or compensation payable by the prisoner under a conviction by a Court or a determination under Part VII of the Act; or
(b)	for the prisoner's savings or purchases; or
(c)	for the prisoner's contributions to the upkeep of his or her family, or any other approved person; or
(d)	to defray any expenses relating to board or employment incurred while the prisoner was absent on the permit.

54\I.	Interpretation
In this Division, unless the contrary intention appears - "corresponding law" means a law that is declared to

(a)	in relation to a prisoner in this State, means an absence permit authorising the person to travel to or through a participating State or Territory; and
(b)	in relation to an interstate prisoner, means a permit given under a corresponding law authorising the prisoner to travel to or through this State;

54N.	Corresponding laws
A law of another State or a Territory specified in the corresponding law for the purposes of this Division.

54P.	Notice to participating State or Territory
On giving an interstate absence permit to a prisoner in this State, the chief executive officer shall give written notice of the fact that the permit has been given, and of the period of the permit -

(a)	authorises the escort to be in charge of the prisoner for the purpose of escorting the prisoner to or through the participating State or Territory in accordance with the permit; and
(b)	authorises the escort to be in charge of the prisoner for the purpose of returning the prisoner to the prison or any external facility from which the prisoner is absent,
except for any period during which the prisoner is in

(a)	to be in charge of an interstate prisoner for the purposes and period set Out in the relevant interstate absence permit; and
(b)	to be in charge of the interstate prisoner for the purpose of returning the prisoner to the participating State or Territory,

54S.	Arrest of interstate prisoners
If, while an interstate prisoner is in this State, the prisoner -

(a)	be returned by the prisoner's interstate escort to
the State or Territory in which the relevant
interstate absence permit was given; or
(b)	be delivered into the custody of another escort for the purposes of being returned to that State or Territory,

54U.	Status of detained interstate prisoners
An interstate prisoner shall, while detained in a prison, external facility or police lock-up under regulation 54R(2) or 54T, be taken to be a prisoner for the purposes of—

(a)	the Act; and
(b)	these regulations except paragraph (a) of the definition of "interstate absence permit" in regulation 54M.

54V.	Superintendent authorised to issue bring up order
A superintendent of a prison is authorised for the purposes of section 85(1)(c) of the Act.

(a)	the research for which the information was disclosed was conducted in a methodologically sound manner; and
(b)	the report based on that research is factually correct; and
(c)	the publication does not identify individuals, reveal confidential Departmental information or otherwise pose a security risk to the operations of the Department.

(a)	details of where the prisoner is being detained or is otherwise located while serving a sentence and notification and details of any proposed transfer;
(b)	any security rating assigned to the prisoner by the chief executive officer and notification and details of any proposed change in that security rating;
(c)	details of each sentence the prisoner is serving and notification and details of any changes resulting from any appeal;
(d)	the date, time and circumstances of any escape from custody by the prisoner and notification of the subsequent recapture of the prisoner;
(e)	notification of the death, or entry into hospice care, of the prisoner;
(f)	a description of any programme in which the prisoner has participated or is participating while in prison;
(g)	notification and details of any release or absence from custody of the prisoner;
(h)	details of any conditions attached to the release or absence from custody of the prisoner impacting on the victim and notification when any of those conditions cease to have effect;