Young Offenders and Prisons Legislation Amendment Act 2024 (WA)

Western Australia

Young Offenders and Prisons Legislation Amendment Act 2024

Western Australia

Young Offenders and Prisons Legislation Amendment Act 2024 Contents

Western Australia

Young Offenders and Prisons Legislation Amendment Act 2024

Young Offenders and Prisons Legislation Amendment Act 2024

No. 48 of 2024

An Act to amend the Prisons Act 1981 and the Young Offenders Act 1994.

[Assented to 6 December 2024]

The Parliament of Western Australia enacts as follows:

Part 1 – Preliminary1.Short title

This is the Young Offenders and Prisons Legislation Amendment Act 2024.

2.Commencement

This Act comes into operation as follows —

• (a)

  Part 1 — on the day on which this Act receives the Royal Assent;

• (b)

  the rest of the Act — on a day fixed by proclamation.

Part 2 – Prisons Act 1981 amended3.Act amended

This Part amends the Prisons Act 1981.

4.Section 3 amended

In section 3(1) insert in alphabetical order:

CEO (Young Offenders) means the chief executive officer as defined in the Young Offenders Act 1994 section 3(1);

5.Sections 14A and 14B inserted

After section 14 insert:

14A. Designation of prison officers for purposes of Young Offenders Act 1994

• (1)

  If the chief executive officer receives a request from the CEO (Young Offenders) under the Young Offenders Act 1994 section 11AB(1)(a), the chief executive officer may designate a prison officer as a special custodial officer for the purposes of the Young Offenders Act 1994.

• (2)

  The functions conferred on a prison officer under the Young Offenders Act 1994 because of a designation under subsection (1) —

  • (a)

    are in addition to the functions conferred on the prison officer by this Act or another written law; and

  • (b)

    cannot be performed by the prison officer unless the prison officer is given a direction by the chief executive officer under section 14B(2).

• (3)

  A designation remains in force until 1 of the following occurs —

  • (a)

    the chief executive officer revokes the designation under subsection (4) or (5);

  • (b)

    the person in respect of whom the designation applies ceases to be a prison officer.

• (4)

  The chief executive officer may revoke a designation if the chief executive officer considers it necessary for the effective performance of the chief executive officer’s functions under this Act.

• (5)

  The chief executive officer must revoke a designation if requested to do so by the CEO (Young Offenders) under the Young Offenders Act 1994 section 11AC(2)(a).

• (6)

  A designation or revocation under this section must be in writing.

14B. Directions to special custodial officers and prison officers for purposes of Young Offenders Act 1994

• (1)

  In this section —

special custodial officer means a prison officer designated under section 14A(1) as a special custodial officer for the purposes of the Young Offenders Act 1994.

• (2)

  If the chief executive officer receives a request from the CEO (Young Offenders) under the Young Offenders Act 1994 section 11AB(1)(b), the chief executive officer may —

  • (a)

    direct a special custodial officer to perform the functions conferred on the officer by the Young Offenders Act 1994; or

  • (b)

    if the chief executive officer thinks it necessary to do so in order to comply with the request — direct a prison officer to perform the functions conferred on a special custodial officer by the Young Offenders Act 1994.

• (3)

  A prison officer given a direction under subsection (2)(b) is taken to be designated as a special custodial officer under section 14A(1) from the time the direction is given —

  • (a)

    for a period of 48 hours; or

  • (b)

    until it is, before the end of that period —

    • (i)

      superseded by a designation under section 14A(1); or

    • (ii)

      revoked under section 14A(4) or (5).

• (4)

  If the request referred to in subsection (2) specifies that the CEO (Young Offenders) requires the special custodial officer to carry a control weapon, a direction under subsection (2) must require the special custodial officer to carry the control weapon.

• (5)

  The chief executive officer may direct a special custodial officer to cease performing functions under the Young Offenders Act 1994.

• (6)

  The chief executive officer must direct a special custodial officer to cease performing functions under the Young Offenders Act 1994 if requested to do so by the CEO (Young Offenders) under the Young Offenders Act 1994 section 11AC(2)(b).

• (7)

  An officer given a direction by the chief executive officer under this section must comply with the direction.

• (8)

  A direction under this section may be given orally or in writing but if given orally must be put in writing as soon as practicable.

• (9)

  A failure to put a direction in writing under subsection (8) does not invalidate the direction or anything done under the direction.

   

6.Section 113 amended

In section 113(1) in the definition of relevant information delete paragraph (b) and insert:

• (b)

  the performance of a function under —

• (i)

  this Act; or

• (ii)

  the Bail Act 1982; or

• (iii)

  the Public Sector Management Act 1994;

   

Part 3 – Young Offenders Act 1994 amended7.Act amended

This Part amends the Young Offenders Act 1994.

8.Section 3 amended

• (1)

  In section 3(1) insert in alphabetical order:

   

ammunition has the meaning given in the Firearms Act 2024 section 5;

CEO (Prisons) means the chief executive officer as defined in the Prisons Act 1981 section 3(1);

control weapon includes a firearm only if the firearm is used with ammunition prescribed by the regulations;

special custodial officer means a prison officer designated under the Prisons Act 1981 section 14A(1) as a special custodial officer for the purposes of this Act;

• (2)

  In section 3(1) in the definition of custodial officer:

  • (a)

    in paragraph (b) delete “officer;” and insert:

     

  officer; or

   
  • (b)

    after paragraph (b) insert:

     
• (c)

  a special custodial officer;

   

9.Sections 11AB and 11AC inserted

Before section 11A insert:

11AB. Designation of prison officers as special custodial officers for the purposes of this Act

• (1)

  If the chief executive officer considers it necessary, the chief executive officer may request the CEO (Prisons) to do either or both of the following —

  • (a)

    designate under the Prisons Act 1981 section 14A(1) prison officers as special custodial officers for the purposes of this Act;

  • (b)

    direct under the Prisons Act 1981 section 14B(2) any prison officers designated under paragraph (a) to perform the functions conferred on them as special custodial officers under this Act.

• (2)

  A request must specify whether the chief executive officer requires a special custodial officer the subject of a direction under subsection (1)(b) to carry a control weapon.

• (3)

  A request may be given orally or in writing but if given orally must be put in writing as soon as practicable.

11AC. Return of special custodial officers to duties under Prisons Act 1981

• (1)

  Subsection (2) applies if the chief executive officer considers that —

  • (a)

    it is no longer necessary for a special custodial officer who is performing functions under this Act to continue to perform those functions; or

  • (b)

    a special custodial officer who is performing functions under this Act is not suitable to continue to perform those functions.

• (2)

  The chief executive officer may request the CEO (Prisons) to do either or both of the following —

  • (a)

    revoke the designation of the person as a special custodial officer under the Prisons Act 1981 section 14A(5);

  • (b)

    give a direction to the special custodial officer under the Prisons Act 1981 section 14B(6).

     
  10.Section 11A amended

In section 11A:

• (a)

  delete “Every” and insert:

   

An

 

• (b)

  delete “section 11 —” and insert:

   

section 11 or a special custodial officer must —

 

• (c)

  in paragraphs (a), (b) and (c) delete “must”.

11.Section 11B amended

In section 11B:

• (a)

  in paragraph (a) delete “he or she” and insert:

   

the custodial officer

 

• (b)

  in paragraph (b) delete “his or her” and insert:

   

the custodial officer’s

 

• (c)

  in paragraph (b) delete “he or she” and insert:

   

the custodial officer

 

• (d)

  in paragraph (c) delete “him or her” and insert:

   

the custodial officer

 

• (e)

  in paragraph (c) delete “he or she” and insert:

   

the custodial officer

 

• (f)

  in paragraph (d) delete “prescribed under section 11C as is necessary” and insert:

   

authorised under section 11C

  12.Section 11CAA inserted

At the end of Part 3 Division 3 Subdivision 1 insert:

11CAA. Application of Division

This Division does not apply in relation to a custodial officer who is a special custodial officer.

13.Section 11C amended

In section 11C(2) delete “young offender” and insert:

detainee

14.Section 11E replaced

Delete section 11E and insert:

11E. Use of control weapons by special custodial officers

• (1)

  This section applies to a special custodial officer if a direction under the Prisons Act 1981 section 14B(2) requires the officer to carry control weapons.

• (2)

  The chief executive officer may give approval for the special custodial officer to use a specified control weapon, either generally or in a particular case.

• (3)

  The approval may be given orally or in writing but if given orally must be put in writing as soon as practicable.

• (4)

  In using force under section 11C, the special custodial officer is authorised to use a control weapon if the use of the weapon —

  • (a)

    is approved by the chief executive officer under subsection (2); and

  • (b)

    is necessary in the circumstances.

     
  15.Section 192A inserted

After section 192 insert:

192A. Visitor may be refused entry or removed

• (1)

  This section applies if the superintendent of a detention centre is of the opinion that a visitor or another person is likely to interfere with the preservation of the good order or security of a detention centre.

• (2)

  The superintendent may, despite a provision of this Act or another written law —

  • (a)

    refuse the person entry to the detention centre; or

  • (b)

    if the person has been admitted to the detention centre — remove the person.

• (3)

  The superintendent may use such reasonable force as is necessary for the purposes of subsection (2)(b).

• (4)

  The superintendent must immediately notify the chief executive officer, in writing, of action taken under subsection (2).

   

16.Part 11 Division 3 Subdivision 3 inserted

At the end of Part 11 Division 3 insert:

Subdivision 3 — Transitional provision for Young Offenders and Prisons Legislation Amendment Act 2024

235E. Prison officer assisting taken to be special custodial officer

• (1)

  In this section —

commencement day means the day on which the Young Offenders and Prisons Legislation Amendment Act 2024 section 14 comes into operation;

former section 11E means section 11E as in force immediately before commencement day;

new section 11E means section 11E as in force on and from commencement day.

• (2)

  This section applies —

  • (a)

    to a prison officer who, immediately before commencement day, was assisting in the exercise or performance of a power or duty under former section 11E; and

  • (b)

    for the period of 48 hours starting at the beginning of commencement day.

• (3)

  The prison officer is taken to —

  • (a)

    be designated under the Prisons Act 1981 section 14A(1) as a special custodial officer for the purposes of this Act; and

  • (b)

    have been given a direction under the Prisons Act 1981 section 14B(2)(a) to perform the functions conferred on the officer by this Act.

• (4)

  An approval of the chief executive officer under former section 11E(3) for the prison officer to use a control weapon that is in force immediately before commencement day continues in force as an equivalent approval given under new section 11E(2).

• (5)

  This Act and the Prisons Act 1981 sections 14A and 14B apply in relation to the person accordingly.