Western Australia: Prisons Act 1981 (WA)

Western Australia Prisons Act 1981 Western Australia Prisons Act 1981 Contents Part I — Preliminary 1. Short title 1 2. Commencement 1 3. Terms used 1 Part II — Establishment of prisons 4. Existing prisons continued 1 5. Orders for prisons 1 Part III — Officers 6. Appointment of officers 1 7. Powers and duties of chief executive officer 1 8. Delegation by chief executive officer 1 9. Chief executive officer may set up inquiry 1 10. Failure to supply information to inquiry 1 11. Application of Financial Management Act 2006 and Auditor General Act 2006 1 12. Duties of officers 1 13. Engagement of prison officers 1 14. Powers and duties of prison officers 1 15. Assistance by police officers 1 Part IIIA — Contracts for prison services Division 1 — Preliminary 15A. Terms used 1 Division 2 — Matters relating to contracts generally 15B. Contracts for prison services 1 15C. Minimum matters to be included in contracts 1 15D. Minimum standards 1 15DA. Penalty for breach 1 15E. Minister, chief executive officer etc. may have access to certain prisons, persons, vehicles and documents 1 15F. Administrators and reporting officers may have access to certain prisons, persons, vehicles and documents 1 15G. Annual reports and tabling of contracts 1 15H. No contracting out 1 Division 3 — Authorisation of contract workers to perform functions 15I. Contract workers' functions 1 15J. Limitation on functions of contract workers 1 15K. Effect of authorisation 1 Division 4 — Vetting and control of contract workers in relation to high‑level security work 15L. Term used: offence for which the contract worker is convicted 1 15M. High‑level security work 1 15N. Chief executive officer may declare other kinds of work to be high‑level security work 1 15O. Contract workers require permits to do high‑level security work 1 15P. Issue of permits to do high‑level security work 1 15Q. Information about applicants for permits 1 15R. Taking of fingerprints and palmprints 1 15S. Refusal to issue permit 1 15T. Determining suitability of contract workers to keep holding permits 1 15U. Suspension or revocation of permits 1 15V. Gazettal of permit details 1 Division 5 — Intervention in, and termination of, contracts 15W. Intervention in contracts 1 15X. Termination or suspension of contracts 1 15Y. Administrator where intervention in contract 1 15Z. Administrator where termination or suspension of contract 1 15ZA. Administrator's functions 1 15ZB. Compliance with administrator's directions 1 15ZC. Requisitioning property on intervention in, or termination of, contract 1 Part IV — Custody, removal and release of prisoners 16. Prisoners in custody of chief executive officer 1 17. Reckoning of sentence 1 18. Conveyance of prisoners for trial etc. 1 19. Warrants of commitment 1 20. Proof of imprisonment 1 23. Prisoner assigned to external facility in lawful custody 1 24. Prisoner absent under permit in lawful custody 1 25. Prisoner attending legal or investigative proceedings in lawful custody 1 26. Removal of prisoner to another prison 1 31. Chief executive officer and superintendent's powers of early discharge 1 32. Prison offences by prisoners due for release 1 33. Provision of fare home on release 1 Part V — Management, control and security of prisons 35. Chief executive officer may make rules 1 36. Superintendents of prisons 1 37. Superintendent may issue standing orders 1 41. Search of prisoners and taking of things found 1 42. Restraint 1 43. Separate confinement 1 44. Separation of male and female prisoners 1 46. Medical examination for evidentiary purposes 1 46A. Inspection of medical records and mandatory taking of blood or other body sample where prison officer may have been exposed to infectious disease 1 46B. Review of s. 46A 1 47. Use of firearms 1 48. Use of force on serious breach of security 1 49. Power to search and question persons entering prison 1 49A. Use of dogs 1 49B. Possession of firearms, prohibited drugs etc. by prison officers 1 50. Penalty in respect of unauthorised articles 1 51. Superintendent may delegate powers under s. 49 1 52. Offences in respect of loitering, unauthorised entry and unauthorised communications 1 Part VI — Prison visits and communications involving prisoners 54. Appointment of visiting justices 1 56. Duties of visiting justice 1 57. Right of entry of independent prison visitors and judges 1 58. Cooperation with official visitors 1 59. Visits by friends and relations of prisoners 1 60. Declaration of visitors 1 60A. Protection of proof of identity of visitor to prison 1 61. Visits by certain officials 1 62. Visits by legal practitioner 1 63. Visits by police 1 64. Visits by public officers 1 65. Other visitors to prisoners 1 66. Visitor may be refused entry or removed 1 67. Letters and parcels from by prisoners 1 67A. Prisoner's mail not to be sent to certain persons 1 68. Letters and parcels addressed to prisoners 1 Part VII — Prison offences 69. Minor prison offences 1 70. Aggravated prison offences 1 71. Charges of prison offences 1 72. Visiting justice may determine minor prison offences 1 73. Visiting justice and aggravated prison offences 1 74. Hearing of charges 1 74A. Charges may be heard and determined by video link 1 75. Procedure for hearing charges of minor prison offences 1 76. Prisoner not to be legally represented 1 77. Imposition of penalties by superintendent 1 78. Imposition of penalties by visiting justice 1 79. Imposition of penalties by court of summary jurisdiction 1 80. Punishment book 1 81. Reports of punishments under s. 79 to chief executive officer 1 82. Punishment by confinement 1 Part VIII — Authorised absences from prison 83. Permits to be absent from prison 1 83A. Effect of permit 1 83B. Revocation or cancellation of permit 1 84. Breach of condition of permit 1 85. Attendance of prisoner at legal or investigative proceedings 1 86. Consequence of escape or of failure to comply with absence permit or order 1 87. Regulations about absences from prison 1 88. Interstate arrangements 1 Part IX — Prisoner wellbeing and rehabilitation 95. Preparation and implementation of activity programmes 1 95A. Medical care of prisoners 1 95B. Duties of medical officers 1 95C. Health inspection of prisons 1 95D. Power of medical examination and treatment 1 95E. Practice of religion or spiritual beliefs by prisoners 1 Part X — Discipline of prison officers Division 1 — Preliminary 96. Term used: prison officer 1 Division 2 — General discipline 97. Regulations, rules to be strictly observed 1 98. Application of Public Sector Management Act 1994 Part 5 1 Division 3 — Removal of prison officers due to loss of confidence Subdivision 1 — Preliminary 99. Terms used 1 Subdivision 2 — Removal of prison officers 100. Application of Subdivision 1 101. Removal action 1 102. Notice of loss of confidence 1 103. Maintenance payment 1 104. Withdrawal of removal action and revocation of removal 1 105. Resignation of prison officer who has been removed 1 Subdivision 3 — Appeal against removal of prison officer 106. Appeal right 1 107. Proceedings on appeal 1 108. Leave to tender new evidence on appeal 1 109. Opportunity to consider new evidence 1 110A. Revocation of removal after consideration of new evidence 1 110B. Application of Industrial Relations Act 1979 to appeals 1 110C. Adjournment of appeal if appellant charged with offence 1 110D. Resumption of appeal before end of adjournment 1 110E. Decision by WAIRC 1 110F. Determining amount of compensation 1 110G. Restriction on publication 1 Subdivision 4 — General 110H. Effect of charge for, or conviction or acquittal of, offence 1 110I. Failure to comply with procedure 1 110J. Transfer, standing down and leave of prison officer 1 110K. Review of Division 1 Part XI — General provisions 110. Regulations 1 111. Protection from liability 1 112. Community safety information 1 113. Exchange of information 1 113A. Disclosure to external agencies 1 113B. Disclosure to victims 1 113C. Disclosure authorised 1 114. Failure to perform duties 1 115. Section 114 to prevail 1 116. Repeal 1 117. Transitional 1 Part XII — Savings and transitional provisions for Custodial Legislation (Officers Discipline) Amendment Act 2014 118. Purpose 1 119. Disciplinary offences before commencement day 1 Schedule 1 Declaration of prisons Schedule 2 Transitional provisions Notes Compilation table 1 Uncommenced provisions table 1 Other notes 1 Defined terms Western Australia Prisons Act 1981 An Act to make provision for the establishment, management, control, and security of prisons, the custody and welfare of prisoners and for related matters and to repeal the Prisons Act 1903. Part I — Preliminary 1. Short title This Act may be cited as the Prisons Act 1981. 2. Commencement This Act shall come into operation on a day to be fixed by proclamation. 3. Terms used (1) In this Act, unless the contrary intention appears — absence permit has the meaning given to that term in section 83(2); bodily fluid includes semen, blood and saliva; chief executive officer means chief executive officer of the Department; contract means a contract entered into under section 15B; contractor means a person who has entered into a contract with the chief executive officer; Department means the department of the Government principally assisting the Minister with the administration of this Act; District Court judge means a judge, an acting judge or an auxiliary judge of The District Court of Western Australia; Family Court judge means a judge or an acting judge of the Family Court of Western Australia; high‑level security work means — (a) work specified in section 15M as high‑level security work; and (b) work declared as high‑level security work under section 15N; independent prison visitor means a person who is appointed to be an independent prison visitor under section 39 of the Inspector of Custodial Services Act 2003; infectious disease means any of the following — (a) Human Immunodeficiency Virus (HIV) infection; (b) Hepatitis B; (c) Hepatitis C; (d) any other prescribed disease capable of being transmitted by the transfer of bodily fluid; judge of the Supreme Court includes an acting judge or auxiliary judge of the Supreme Court; judicial body means a court, tribunal or other body or person that has judicial or quasi judicial functions or otherwise acts judicially, and includes — (a) a Royal Commission under the Royal Commissions Act 1968; and (b) the Corruption and Crime Commission established under the Corruption, Crime and Misconduct Act 2003; lock‑up includes a place prescribed as a lock‑up for the purposes of the Court Security and Custodial Services Act 1999; medical officer means a person who is appointed or engaged as a medical officer referred to in section 6(3) or (4); medical practitioner means a person — (a) who is registered under the Health Practitioner Regulation National Law (Western Australia) in the medical profession; and (b) who has current entitlement to practise under that Act; officer means a person appointed or deemed to have been appointed for the purposes of this Act under, or as referred to in, section 6 or under section 13; permit means a permit issued under section 15P to do high‑level security work; prison means — (a) the prisons, gaols, and penal outstation declared to be prisons by section 4; and (b) every building, enclosure or place declared to be a prison under section 5; prison offence means a minor prison offence or an aggravated prison offence; prison officer means a person engaged or deemed to have been engaged to be a prison officer under section 13 and a person appointed or deemed to have been appointed under section 6 to an office designated by rules for the purposes only of this definition; prison services means the management, control and security of a prison and the welfare of the prisoners at the prison; prisoner means a person committed to prison for punishment, on remand, for trial, to be kept in strict custody, for contempt of court, for contempt of Parliament or otherwise ordered into strict security or safe custody, or otherwise ordered to be detained in a prison under a law of the State or the Commonwealth and also means a prisoner whose sentence has been commuted by an extension of the Royal Mercy and in each case a person continues to be a prisoner for so long as he remains in lawful custody; remove, in relation to a prison officer, means terminate the employment of the prison officer; repealed Act means the Act repealed by section 116 and includes regulations made under that Act; rules means rules made under section 35; standing orders means standing orders issued by a superintendent under section 37; subcontractor means a subcontractor of a contractor and includes a person with whom a subcontractor contracts and a person with whom that person contracts; superintendent means the superintendent or other officer or prison officer who is at the relevant time in charge of a prison and does not include a person who is in charge of a lock‑up; transfer of bodily fluid means the transfer of bodily fluid from one person into the anus, vagina, mucous membrane or broken skin of another person; visiting justice means a person who is appointed to be a visiting justice under section 54. (2) A reference in a provision of this Act set out in the Table to this subsection to a prison officer or to an officer includes a reference to a person who is authorised to exercise a power set out in clause 2 of Schedule 2 to the Court Security and Custodial Services Act 1999. Table s. 18 s. 84 s. 26(1) s. 86(2)(a) [Section 3 amended: No. 47 of 1987 s. 4; No. 113 of 1987 s. 32; No. 129 of 1987 s. 26; No. 47 of 1991 s. 7; No. 31 of 1993 s. 55; No. 32 of 1994 s. 3(2); No. 78 of 1995 s. 110; No. 23 of 1997 s. 17; No. 43 of 1999 s. 4; No. 47 of 1999 s. 33; No. 75 of 2003 s. 56(1); No. 59 of 2004 s. 141; No. 59 of 2006 s. 73; No. 65 of 2006 s. 4; No. 8 of 2008 s. 16 and 23(6); No. 22 of 2008 Sch. 3 cl. 47(2); No. 35 of 2010 s. 136; No. 29 of 2014 s. 4; No. 35 of 2014 s. 39; No. 20 of 2020 s. 4.] [Section 3. Modifications to be applied in order to give effect to Cross‑border Justice Act 2008: section altered 1 Nov 2009. See endnote 1M.] Part II — Establishment of prisons 4. Existing prisons continued Every prison, gaol, and penal outstation established or declared under the repealed Act before the coming into operation of this Act and specified in column 1 of Schedule 1 is declared to be a prison within the meaning and for the purposes of this Act and shall be known by the name specified in relation to that prison in column 2 of that Schedule. 5. Orders for prisons (1) The Minister may, by order — (a) declare any building, enclosure or place to be a prison within the meaning and for the purposes of this Act; and (b) alter the boundaries of a prison declared under this subsection or under section 4; and (c) declare that a prison shall with effect from a date specified in the order cease to be a prison and direct the removal of prisoners confined in that prison to a prison named in the order. (2) A building, enclosure or place that was a prison immediately before the coming into operation of section 5 of the Prisons and Sentencing Legislation Amendment Act 2006 continues as a prison as if the Minister had made an order under subsection (1) declaring it to be a prison. (3) The Minister may, by order, amend or revoke — (a) an order under subsection (1); or (b) a proclamation under subsection (1) as enacted before the coming into operation of section 5 of the Prisons and Sentencing Legislation Amendment Act 2006. (4) An order under this section does not have effect until it is published in the Gazette, and may be expressed to have effect from a time that is after its publication in the Gazette. [Section 5 amended: No. 65 of 2006 s. 5.] Part III — Officers 6. Appointment of officers [(1), (2) deleted] (3) There may be appointed under and subject to Part 3 of the Public Sector Management Act 1994 such officers including medical practitioners as medical officers, other than prison officers engaged under section 13, as are required for the purposes of this Act. (4) Without limiting the appointment of medical officers referred to in subsection (3), the chief executive officer may — (a) appoint under contracts of service; or (b) engage under contract for services, medical practitioners as medical officers. (5) The Minister may for the purposes of this Act engage persons as employees and, subject to any industrial award or agreement that is applicable in relation to a particular case or class of cases, persons so engaged shall be employed on such terms and conditions as the Minister, on the recommendation of the Public Sector Commissioner, determines. [(6) deleted] [Section 6 amended: No. 66 of 1982 s. 2; No. 47 of 1987 s. 5 and 11; No. 113 of 1987 s. 32; No. 47 of 1991 s. 7; No. 31 of 1993 s. 56; No. 32 of 1994 s. 3(2); No. 43 of 1999 s. 5; No. 65 of 2006 s. 6; No. 39 of 2010 s. 89; No. 20 of 2020 s. 5.] 7. Powers and duties of chief executive officer (1) Subject to this Act and to the control of the Minister, the chief executive officer is responsible for the management, control, and security of all prisons and the welfare and safe custody of all prisoners. (2) The chief executive officer is responsible to the Minister for the proper operation of every prison and shall notify the Minister as soon as practicable of — (a) any escape by a prisoner from lawful custody; and (b) any accident, serious irregularity, or any other unusual event which affects the good order or security of a prison. (2a) The chief executive officer may — (a) consult and collaborate with; and (b) make use of the assistance of, any individual or organisation in any way that the chief executive officer considers expedient for the purpose of the performance of functions under this Act. (3) The chief executive officer has all of the powers conferred by or under this Act on a superintendent or other officer and may review, vary or rescind an order or direction given by a superintendent or other officer. (4) All courts and all persons having in Western Australia, by law or by consent of the parties, authority to hear, receive, and examine evidence shall take judicial notice of the signature of every person who is or was the chief executive officer and the fact that such person holds or held that office. [Section 7 amended: No. 47 of 1987 s. 11; No. 113 of 1987 s. 32; No. 43 of 1999 s. 6; No. 65 of 2006 s. 7.] 8. Delegation by chief executive officer (1) The chief executive officer may delegate to any person any power or duty of the chief executive officer under another provision of this Act other than section 9 or 35. (2) The delegation must be in writing signed by the chief executive officer. (3) A person to whom a power or duty is delegated under this section cannot delegate the power or duty. (4) A person exercising or performing a power or duty that has been delegated under this section, is to be taken to do so in accordance with the terms of the delegation unless the contrary is shown. (5) Unless the contrary is shown, it is to be presumed that a document purporting to have been signed by a person as a delegate of the chief executive officer was signed by a person in the performance of a function that at the time was delegated to the person by the chief executive officer. (6) Nothing in this section limits the ability of the chief executive officer to perform a function through an officer or agent. [Section 8 inserted: No. 65 of 2006 s. 8; amended: No. 29 of 2014 s. 5.] 9. Chief executive officer may set up inquiry (1) The chief executive officer may, and upon the request of the Minister shall, appoint by instrument in writing signed by him any superintendent or other suitably qualified person (in this section referred to as a reporting officer) to inquire into and report to him upon any matter, incident or occurrence concerning the security or good order of a prison, or concerning a prisoner or prisoners. (2) For the purposes of carrying out an inquiry under this section, a reporting officer may require any officer or prisoner — (a) to give him such information as he requires; (b) to answer any question put to him, in relation to any matter, incident or occurrence that is the subject of the inquiry. (3) A requirement made under subsection (2) — (a) may be made orally or by notice in writing served on the person required to give information or answer a question as the case may be; (b) may, by its terms, require that the information or answer required — (i) be given orally or in writing; (ii) be given on oath, affirmation, or by statutory declaration, for which purpose the reporting officer may administer an oath or affirmation and may witness a statutory declaration. (4) Where a person is required under this Act to give any information or answer any question, he shall not refuse to comply with that requirement on the ground that the information or answer may tend to incriminate him or render him liable to any penalty, but the information or answer given by him shall not be admissible in evidence in any proceedings against him (including proceedings under Part X) other than proceedings under section 10(1) or (2). (5) Before a reporting officer requests a person to give information or asks a person a question for the purposes of an inquiry the reporting officer must advise the person — (a) that the person does not have to give the information or answer the question unless the reporting officer requires the person to do so; and (b) that if the person gives the information or answers the question on the request of the reporting officer but without having been required by the reporting officer to do so, the information or answer may be admissible in evidence against the person in any proceedings; and (c) of the effect of giving the information or answering the question in response to a requirement of the reporting officer to do so, as mentioned in subsection (4); and (d) of the offences and the penalty as mentioned in section 10(1) or (2), as the case requires. (6) A requirement of a reporting officer to give information or answer a question for the purposes of an inquiry must be clearly distinguishable from a request to give the information or answer the question. [Section 9 amended: No. 47 of 1987 s. 11; No. 113 of 1987 s. 32; No. 43 of 1999 s. 8; No. 74 of 2003 s. 94(2) and (3); No. 24 of 2005 s. 63.] 10. Failure to supply information to inquiry (1) Where under section 9 an officer is required by a reporting officer to give any information or answer any question, an officer who without reasonable excuse — (a) fails to give that information or answer that question; or (b) gives any information or answer that is false in any particular, commits an offence. Penalty for this subsection: a fine of $3 000. (2) Where under section 9 a prisoner is required by a reporting officer to give any information or answer any question, a prisoner who without reasonable excuse — (a) fails to give that information or answer that question; or (b) gives any information or answer that is false in any particular, commits an aggravated prison offence. (3) It is a defence in any proceedings for an offence under subsection (1) or (2) to show that the reporting officer did not comply with section 9(5). [Section 10 amended: No. 47 of 1991 s. 7; No. 74 of 2003 s. 94(4); No. 20 of 2020 s. 6.] 11. Application of Financial Management Act 2006 and Auditor General Act 2006 (1) The provisions of the Financial Management Act 2006 and the Auditor General Act 2006 regulating the financial administration, audit and reporting of departments apply to and in respect of the Department and its operations. (2) The annual report of the Department shall include a report on the state and conditions of all prisons in the State. [Section 11 inserted: No. 98 of 1985 s. 3; amended: No. 47 of 1987 s. 7; No. 77 of 2006 Sch. 1 cl. 132.] 12. Duties of officers Every officer — (a) shall comply with — (i) this Act and all regulations, rules and standing orders made under this Act; and (ii) any other written law conferring functions on officers; and (iii) the orders and directions of the chief executive officer; and (b) has a responsibility to maintain the security of the prison where he is carrying out his duties and shall report to the superintendent every matter coming to his notice which may jeopardise the security of the prison or the welfare or safe custody of prisoners; and (c) shall make such returns and reports to the chief executive officer as the chief executive officer may from time to time direct; and (d) shall make any records relating to any prisoner available upon request of the chief executive officer to the chief executive officer or the superintendent. [Section 12 amended: No. 47 of 1987 s. 11; No. 113 of 1987 s. 32; No. 65 of 2006 s. 9.] 13. Engagement of prison officers (1) The Minister may engage prison officers as employees and, subject to any industrial award or agreement that is applicable in relation to a particular case or class of cases, persons so engaged shall be employed on such terms and conditions as the Minister, on the recommendation of the Public Sector Commissioner, determines. (2) No person shall be engaged under subsection (1) to be a prison officer until he shall have subscribed in the presence of and attested by a justice or an officer not below the rank of superintendent, the following oath of engagement — I, A.B. engage and promise that — (a) I will well and truly serve the State as a prison officer of Western Australia; and (b) I will do my utmost in the performance of my duty as a prison officer to maintain the security of every prison in which I serve and the security of the prisoners and the officers employed at the prison; and (c) I will uphold the Prisons Act 1981, as amended from time to time, and the regulations, rules and standing orders made under that Act from time to time; and (d) I will deal with prisoners fairly and impartially; and (e) I will obey the lawful orders of an officer under whose control or supervision I am placed. (3) The Minister may, on the recommendation of the chief executive officer under section 101(1)(b), remove a prison officer engaged under subsection (1). (4) The Minister may, by instrument in writing signed by him, delegate to the chief executive officer his powers under this section, other than the power of removal under subsection (3). (5) The delegation may expressly authorise the chief executive officer to further delegate a power. (6) The chief executive officer, in exercising a power that has been delegated under subsection (4), is to be taken to do so in accordance with the terms of the delegation unless the contrary is shown. (7) Unless the contrary is shown, it is to be presumed that a document purporting to have been signed by the chief executive officer as a delegate of the Minister was signed by the chief executive officer in the exercise of a power that at the time was delegated to the chief executive officer by the Minister. (8) Nothing in this section limits the ability of the Minister to perform a function through an officer or agent. [Section 13 amended: No. 47 of 1987 s. 8 and 11; No. 113 of 1987 s. 32; No. 47 of 1991 s. 7; No. 65 of 2006 s. 10; No. 39 of 2010 s. 89; No. 29 of 2014 s. 6.] 14. Powers and duties of prison officers (1) Every prison officer — (a) has a responsibility to maintain the security of the prison where he is ordered to serve; and (b) is liable to answer for the escape of a prisoner placed in his charge or for whom when on duty he has a responsibility; and (c) shall obey all lawful orders given to him by the superintendent or other officer under whose control or supervision he is placed and the orders and directions of the chief executive officer; and (d) may issue to a prisoner such orders as are necessary for the purposes of this Act, including the security, good order, or management of a prison, and may use such force as he believes on reasonable grounds to be necessary to ensure that his or other lawful orders are complied with. (2) A person who is authorised to exercise a power set out in clauses 2 and 11(3) of Schedule 2 to the Court Security and Custodial Services Act 1999 may issue to a prisoner such orders as are necessary for the purposes of the provisions of this Act set out in the Table to section 3(2). [Section 14 amended: No. 47 of 1999 s. 34; No. 65 of 2006 s. 11.] 15. Assistance by police officers Subject to the directions of the Commissioner of Police, a police officer may, upon the request of the chief executive officer or a prison officer, assist in the exercise or performance of any power or duty conferred or imposed by this Act and when so acting a police officer, in addition to the powers and duties conferred and imposed on him by or under any other law, shall have the powers and be subject to the responsibilities and shall receive the protection from liability which in like circumstances would be conferred or imposed on a prison officer. [Section 15 amended: No. 47 of 1987 s. 11; No. 113 of 1987 s. 32.] Part IIIA — Contracts for prison services [Heading inserted: No. 43 of 1999 s. 7.] Division 1 — Preliminary [Heading inserted: No. 43 of 1999 s. 7.] 15A. Terms used In this Part — administrator means a person appointed or engaged under section 15Y or 15Z; contract worker means a natural person who is — (a) a contractor or an employee or agent of a contractor; or (b) a subcontractor or an employee or agent of a subcontractor; function includes power, duty, responsibility and authority; intervene, in relation to a contract, means — (a) to give directions as to the manner in which a prison service that is a subject of the contract is to be provided; or (b) to provide a prison service that is a subject of the contract; other officer means an officer, except a medical officer, referred to in section 6(3) or a person engaged under section 6(5); perform, in relation to a function, includes the exercise of a power, responsibility or authority. [Section 15A inserted: No. 43 of 1999 s. 7.] Division 2 — Matters relating to contracts generally [Heading inserted: No. 43 of 1999 s. 7.] 15B. Contracts for prison services The chief executive officer may, for and on behalf of the State of Western Australia, enter into a contract with a person to provide prison services for the State. [Section 15B inserted: No. 43 of 1999 s. 7.] 15C. Minimum matters to be included in contracts A contract must provide for — (a) compliance by the contractor with this Act, any other written law and the rules; and (b) objectives and performance standards in relation to the provision of prison services under the contract; and (c) fees, costs and charges to be paid to and by the contractor; and (d) compliance by the contractor with the minimum standards established under section 15D in relation to the provision of prison services under the contract; and (e) the submission of reports in relation to the contractor's obligations under the contract; and (f) notification by the contractor of any change in the control, management or ownership of — (i) the contractor; or (ii) a subcontractor, or a member of a class of subcontractors, specified for the purposes of this paragraph by the chief executive officer in the contract; and (g) the financial and other consequences of intervening in a contract under section 15W, terminating or suspending a contract under section 15X and of requisitioning property under section 15ZC; and (h) codes of ethics and conduct, as approved by the chief executive officer, to apply to the contractor, any subcontractor and their employees and agents; and (i) reporting procedures to notify the chief executive officer of escapes, deaths of prisoners and other emergencies or serious irregularities; and (j) investigation procedures and dispute resolution mechanisms for complaints about the provision of prison services under the contract; and (k) an indemnity by the contractor in favour of the State of Western Australia; and (l) the office the holder of which is to be the principal officer of the contractor and the subcontractors under the relevant contract for the purposes of the Children and Community Services Act 2004, the Corruption, Crime and Misconduct Act 2003, the Freedom of Information Act 1992 and the Parliamentary Commissioner Act 1971, respectively; and (m) any other matter prescribed by regulation. [Section 15C inserted: No. 43 of 1999 s. 7; amended: No. 48 of 2003 s. 62; No. 78 of 2003 s. 74(2); No. 35 of 2014 s. 39; No. 4 of 2015 s. 88(2).] 15D. Minimum standards (1) The chief executive officer must establish minimum standards applicable to the provision of prison services under a contract and the chief executive officer may, from time to time, amend the minimum standards. (2) The Minister is to ensure that the minimum standards, as amended from time to time, are laid before each House of Parliament within 10 sitting days of such House next following the establishment or amendment of the minimum standards. [Section 15D inserted: No. 43 of 1999 s. 7.] 15DA. Penalty for breach (1) A contract may provide for a party to the contract to be liable to pay an amount determined under the contract, by way of penalty, in respect of a breach of the contract. (2) The contract may provide for an increase in the amount of the penalty because of each day or part of a day during which a breach continues. (3) A penalty provided for in accordance with this section is recoverable even though no damage may have been suffered or the penalty may be unrelated to the extent of any damage suffered. [Section 15DA inserted: No. 65 of 2006 s. 12.] 15E. Minister, chief executive officer etc. may have access to certain prisons, persons, vehicles and documents (1) The Minister, the chief executive officer and any person authorised by the chief executive officer may, at any time, (with any assistants, prison dogs and equipment that the Minister, the chief executive officer or authorised person thinks are necessary) have free and unfettered access to a prison, person, vehicle or document referred to in subsection (2) for the purpose of — (a) ensuring compliance with this Act, the rules or a contract; or (b) ensuring that a prison service that is a subject of a contract is being properly provided. (2) A person referred to in subsection (1) may have access to — (a) a prison at which prison services are provided under a contract or any part of such a prison; and (b) a prisoner in such a prison; and (c) a contract worker whose work is concerned with such a prison; and (d) a vehicle used by a contractor to provide prison services under a contract; and (e) a prisoner in such a vehicle; and (f) a contract worker whose work is concerned with such a vehicle; and (g) all documents in the possession of the contractor or a subcontractor in relation to any prison service that is a subject of a contract. (3) The chief executive officer may authorise a person for the purposes of subsection (1). (4) An authorisation must be in writing and may be made subject to such conditions and limitations specified in the authorisation as the chief executive officer thinks fit. (5) A person must not hinder or resist a person referred to in subsection (1) when the person is exercising or attempting to exercise a power under that subsection. Penalty for this subsection: a fine of $30 000. (6) Nothing in this section limits any entitlement that a person, under a law, has to have access to a place, vehicle, person or document referred to in subsection (2). [Section 15E inserted: No. 43 of 1999 s. 7; amended: No. 20 of 2020 s. 7.] 15F. Administrators and reporting officers may have access to certain prisons, persons, vehicles and documents (1) An administrator and a reporting officer appointed under section 9 may, at any time, (with any assistants, prison dogs and equipment that the administrator or reporting officer thinks are necessary) have free and unfettered access to a prison, vehicle, person or document referred to in section 15E(2) for the purpose of enabling the administrator or reporting officer to perform his or her functions. (2) A person must not hinder or resist an administrator or reporting officer when the administrator or reporting officer is exercising or attempting to exercise a power under subsection (1). Penalty for this subsection: a fine of $30 000. (3) Nothing in this section limits any entitlement that a person, under a law, has to have access to a place, vehicle, person or document referred to in section 15E(2). [Section 15F inserted: No. 43 of 1999 s. 7; amended: No. 20 of 2020 s. 8.] 15G. Annual reports and tabling of contracts (1) The chief executive officer is to prepare and deliver to the Minister by 30 September each year a report on each contractor who provided prison services under a contract in the preceding 12 months. (2) The report is to contain such information as is required to be included in the report by the Minister to enable an informed assessment to be made of — (a) the operations of each contractor; and (b) the extent to which there has been compliance with the relevant contract. (3) The Minister is to ensure that the report is laid before each House of Parliament within 10 sitting days of such House next following the Minister's receipt of the report. (4) The Minister is to ensure that a contract, as amended from time to time, is laid before each House of Parliament within 30 days of such House next sitting following the execution of the contract or the amendment. (5) If neither House of Parliament is sitting on the day when the 30 day period referred to in subsection (4) expires — (a) immediately on the expiration of that period the Minister is to send a copy of the contract or the contract as amended, as is relevant to the case, to the Clerk of the Legislative Assembly and the Clerk of the Legislative Council; and (b) the Clerks are to jointly ensure that the contract or the contract as amended is published as soon as practicable in a prescribed manner. [Section 15G inserted: No. 43 of 1999 s. 7.] 15H. No contracting out The provisions of this Part apply despite anything to the contrary in the contract. [Section 15H inserted: No. 43 of 1999 s. 7.] Division 3 — Authorisation of contract workers to perform functions [Heading inserted: No. 43 of 1999 s. 7.] 15I. Contract workers' functions (1) The chief executive officer may authorise a contract worker who holds a permit, to perform any of the functions that — (a) a superintendent; or (b) a prison officer; or (c) an other officer, has under this Act except a function referred to in section 15J. (2) An authorisation must be in writing and may be made subject to such conditions and limitations specified in the authorisation as the chief executive officer thinks fit. (3) A contract worker is not to decide whether a prisoner may be detained in custody under section 32(1)(a). [Section 15I inserted: No. 43 of 1999 s. 7.] 15J. Limitation on functions of contract workers (1) A contract worker cannot be authorised to perform a function that cannot be delegated to a person under section 8(1). (2) A contract worker cannot be authorised to perform a superintendent's function of a kind referred to in a provision of this Act that is set out in the Table to this subsection. Table s. 31(2) s. 32(1)(b) s. 47(1) and (2) s. 71(1) and (2) s. 73(1)(a) s. 74(3) s. 75(1) and (2) s. 76(1) and (2) s. 77(1) and (2) s. 80(1) and (2) (3) A contract worker cannot be authorised to perform a superintendent's function of a kind referred to in Part X. (4) A contract worker cannot be authorised to perform a prison officer's function referred to in section 47(1) or (2). [Section 15J inserted: No. 43 of 1999 s. 7; amended: No. 20 of 2020 s. 9.] 15K. Effect of authorisation (1) Subject to subsections (2), (3), (4), (5) and (6), a contract worker who is authorised under section 15I to perform a function of — (a) a superintendent; or (b) a prison officer; or (c) an other officer, must, for the purposes of this Act and any other written law, be deemed to be a superintendent, prison officer or other officer, as the case requires, in relation to that function. (2) A reference to a superintendent in Part X does not include a reference to a contract worker. (3) A reference to a prison officer or any other officer in a provision of this Act that is set out in the Table to this subsection does not include a reference to a contract worker. Table s. 13(1), (2) and (3) s. 110(1)(b), (d), (e), (v), and (w) Part X s. 114(1), (3), (6), (8), (9), (11) and (12) (4) If prison services in relation to a prison are being provided under a contract, a reference to the prison's superintendent in a provision that is set out in the Table to section 15J(2) in relation to that prison is to be regarded as a reference to a superintendent of a prison that is not managed under a contract. (5) If prison services in relation to a prison are being provided under a contract, a reference to a prison officer in section 47(1) or (2) in relation to that prison is to be regarded as a reference to a prison officer engaged under section 13. (6) A contract worker referred to in subsection (1) — (a) does not hold the position of superintendent, prison officer or other officer, as the case requires; and (b) is not subject to the Public Sector Management Act 1994. [Section 15K inserted: No. 43 of 1999 s. 7.] Division 4 — Vetting and control of contract workers in relation to high‑level security work [Heading inserted: No. 43 of 1999 s. 7.] 15L. Term used: offence for which the contract worker is convicted In this Division a reference to an offence for which the contract worker is convicted includes — (a) an offence for which the person is convicted in any part of the world; and (b) the payment of the whole or a part of a penalty under an infringement notice as defined in the Road Traffic (Administration) Act 2008 section 4 in respect of an alleged offence by the contract worker; and (c) the payment of the whole or a part of a penalty under an infringement notice under a law, in any other part of the world, corresponding to a road law as defined in the Road Traffic (Administration) Act 2008 section 4, in respect of an alleged offence by the contract worker. [Section 15L inserted: No. 43 of 1999 s. 7; amended: No. 8 of 2012 s. 163.] 15M. High‑level security work A prison service is high‑level security work if — (a) it is of a kind that requires the person providing it to exercise a power of a superintendent, a prison officer or any other officer; and (b) it is provided by a contract worker. [Section 15M inserted: No. 43 of 1999 s. 7.] 15N. Chief executive officer may declare other kinds of work to be high‑level security work (1) The chief executive officer may, in writing, declare as high‑level security work — (a) a prison service of a kind that requires a contract worker to deal directly with prisoners except a prison service referred to in section 15M; or (b) work that requires a contract worker to have access to information about prisoners; or (c) any other work to be done by a contract worker that in the opinion of the chief executive officer should be declared to be high‑level security work. (2) The chief executive officer may amend a declaration. (3) The chief executive officer is to ensure that notice of a declaration or an amendment of a declaration is published in the Gazette within 14 days after the day the declaration or amendment occurs. (4) The validity of a declaration or an amendment of a declaration is not affected by failure to publish the notice. [Section 15N inserted: No. 43 of 1999 s. 7.] 15O. Contract workers require permits to do high‑level security work A contract worker must not do, or purport to do, any high‑level security work unless he or she has a current permit to do the work and does the work in accordance with the permit. Penalty: Imprisonment for 3 years. [Section 15O inserted: No. 43 of 1999 s. 7.] 15P. Issue of permits to do high‑level security work (1) On application by a contract worker in a manner approved by the chief executive officer, the chief executive officer may issue the contract worker with a permit to do high‑level security work. (2) To determine the suitability of a contract worker to do high‑level security work the chief executive officer may — (a) have regard to the information referred to in section 15Q(1) and (3) about the contract worker; and (b) make appropriate enquiries about the contract worker; and (c) enquire into the honesty and integrity of the contract worker's known associates. (3) A permit may be issued subject to such conditions and limitations specified in the permit as the chief executive officer thinks fit. (4) A permit is not transferable. [Section 15P inserted: No. 43 of 1999 s. 7.] 15Q. Information about applicants for permits (1) The chief executive officer may, in writing, require a contract worker who applies for a permit or the relevant contractor to provide — (a) information about any offence for which the contract worker is convicted; and (b) information about any disciplinary proceedings conducted against the contract worker in the course of his or her employment; and (c) information about any other matter that is relevant to the suitability of the contract worker to do high‑level security work; and (d) a photograph of the contract worker. (2) A person must not give information or a photograph that is false or misleading in a material particular in response to a requirement under subsection (1). Penalty for this subsection: imprisonment for 3 years. (3) If a contract worker applies for a permit the contract worker is to authorise the Commissioner of Police to provide to the chief executive officer and the relevant contractor — (a) information about any offence for which the contract worker is convicted; and (b) such other information as is required by the chief executive officer to determine the suitability of the contract worker to do high‑level security work. (4) A person must not give information that is false or misleading in a material particular in an authority under subsection (3). Penalty for this subsection: imprisonment for 3 years. [Section 15Q inserted: No. 43 of 1999 s. 7; amended: No. 20 of 2020 s. 10.] 15R. Taking of fingerprints and palmprints (1) The chief executive officer may, in writing, require a contract worker who applies for, or holds, a permit to attend at a place and there have his or her fingerprints or palmprints taken by a member of the Police Force or an employee of the Police Service. (2) The Commissioner of Police is to cause fingerprints and palmprints taken under this section and any copy of them to be destroyed — (a) if the permit is not granted; or (b) when the permit no longer has effect. [Section 15R inserted: No. 43 of 1999 s. 7.] 15S. Refusal to issue permit (1) The chief executive officer may refuse to issue a contract worker with a permit to do high‑level security work if, in the opinion of the chief executive officer — (a) the contract worker has not complied with a requirement under section 15Q(1); or (b) the contract worker has not given an authority under section 15Q(3); or (c) the contract worker has not complied with a requirement under section 15R(1); or (d) the contract worker has not completed training approved by the chief executive officer; or (e) the contract worker has failed to satisfy the chief executive officer that the contract worker is a fit and proper person to do high‑level security work; or (f) the contract worker should not do high‑level security work because of his or her criminal record or character or because of any other relevant reason; or (g) the contract worker does not meet all the conditions specified in the relevant contract in relation to persons who are to do high‑level security work; or (h) it is not in the public interest to do so. (2) The rules known as the rules of natural justice (including any duty of procedural fairness) do not apply to or in relation to the issue of, or refusal to issue, a permit. [Section 15S inserted: No. 43 of 1999 s. 7.] 15T. Determining suitability of contract workers to keep holding permits (1) To determine the suitability of a contract worker to continue to do high‑level security work the chief executive officer may — (a) have regard to the information referred to in subsections (2) and (4) about the contract worker; and (b) make appropriate enquiries about the contract worker; and (c) enquire into the honesty and integrity of the contract worker's known associates. (2) If a contract worker holds a permit the chief executive officer may, at any time, in writing require the contract worker or the relevant contractor to provide information about — (a) any offence for which the contract worker is convicted; and (b) any disciplinary proceedings conducted against the contract worker in the course of his or her employment; and (c) any other matter that is relevant to the suitability of the contract worker to continue to do high‑level security work. (3) A person must not give information that is false or misleading in a material particular in response to a requirement under subsection (2). Penalty: Imprisonment for 3 years. (4) If a contract worker holds a permit the chief executive officer may, at any time, in writing require the contract worker to authorise the Commissioner of Police to provide to the chief executive officer and the relevant contractor — (a) information about any offence for which the contract worker is convicted; and (b) such other information as is required by the chief executive officer to determine the suitability of the contract worker to continue to do high‑level security work. (5) A person must not give information that is false or misleading in a material particular in an authority under subsection (4). Penalty: Imprisonment for 3 years. [Section 15T inserted: No. 43 of 1999 s. 7.] 15U. Suspension or revocation of permits (1) The chief executive officer may, at any time, suspend or revoke a permit issued to a contract worker if, in the opinion of the chief executive officer — (a) the permit ought not to have been issued to the contract worker, or ought not to continue in force in respect of the contract worker, having regard to the grounds referred to in section 15S(1)(d) to (h); or (b) the contract worker has failed to comply with — (i) this Act, the rules or standing orders; or (ii) a direction given to the contract worker under this Act, the rules, a standing order or the relevant contract; or (iii) an order, direction, warrant or other instrument under any law directed to the contract worker in relation to a prisoner; or (iv) a code of ethics or conduct provided for under the relevant contract; or (v) a requirement under section 15T(2) or (4). (2) The chief executive officer may suspend or revoke any permit issued to any contract worker if — (a) the chief executive officer intervenes in the relevant contract under section 15W or terminates or suspends the relevant contract under section 15X; or (b) the relevant contract is terminated or suspended under the terms of the contract. (3) The rules known as the rules of natural justice (including any duty of procedural fairness) do not apply to or in relation to the suspension or revocation of a permit under subsection (2). [Section 15U inserted: No. 43 of 1999 s. 7.] 15V. Gazettal of permit details (1) The chief executive officer is to ensure that notice of the issue, suspension, reinstatement or revocation of a permit is published in the Gazette within 14 days after the day the event occurs. (2) The validity of the issue, suspension, reinstatement or revocation of a permit is not affected by failure to publish the notice. [Section 15V inserted: No. 43 of 1999 s. 7.] Division 5 — Intervention in, and termination of, contracts [Heading inserted: No. 43 of 1999 s. 7.] 15W. Intervention in contracts (1) The chief executive officer may intervene in a contract if — (a) there are grounds for doing so under subsection (2); and (b) the intervention is in the public interest or is necessary to ensure the proper provision of a prison service that is a subject of a contract. (2) The grounds for intervening in a contract are that — (a) there is an emergency in a prison service that is a subject of the contract; or (b) the contractor has failed to effectively provide a prison service that is a subject of the contract. [Section 15W inserted: No. 43 of 1999 s. 7.] 15X. Termination or suspension of contracts (1) The chief executive officer, with the Minister's approval, may on behalf of the State terminate or suspend (wholly or partially) a contract if, in the opinion of the chief executive officer — (a) there are grounds for doing so under subsection (2); and (b) the termination or suspension of the contract is in the public interest. (2) The grounds for terminating or suspending a contract are that — (a) the contractor becomes insolvent within the meaning of the contract; or (b) the identity of the persons who control, manage or own the contractor or a subcontractor changes during the term of the contract without the consent of the chief executive officer; or (c) the contractor has committed a material breach of the contract that is not capable of being remedied; or (d) the contractor has failed to rectify a breach of the contract within the time specified in the contract after the issue of a default notice; or (e) the chief executive officer gives the contractor written notice to the effect that the contract will be terminated or suspended 3 days after the day on which the contractor receives the notice or at such later time as is specified in the notice. [Section 15X inserted: No. 43 of 1999 s. 7.] 15Y. Administrator where intervention in contract (1) If the chief executive officer intervenes in a contract under section 15W the chief executive officer may appoint or engage an administrator — (a) to give directions as to the manner in which a prison service that is subject of the contract is to be provided; or (b) to provide a prison service that is a subject of the contract. (2) The directions given by an administrator and the provision by an administrator of a prison service that is a subject of a contract must be in accordance with the terms of the administrator's appointment or engagement. (3) An administrator cannot be appointed or engaged for a period exceeding one year but can be reappointed or re‑engaged if, after review of the reason for intervention in a contract, the chief executive officer determines that the reason for the intervention still exists. [Section 15Y inserted: No. 43 of 1999 s. 7.] 15Z. Administrator where termination or suspension of contract (1) If the chief executive officer terminates or suspends a contract under section 15X the chief executive officer may appoint or engage an administrator — (a) to provide any prison service that was a subject of the terminated contract; or (b) to provide any prison service that is a subject of the suspended contract. (2) The provision by an administrator of a prison service that was or is a subject of a contract must be in accordance with the terms of the administrator's appointment or engagement. (3) An administrator cannot be appointed or engaged for a period exceeding one year but can be reappointed or re‑engaged if the chief executive officer determines — (a) in the case of the termination of a contract, that matters arising from the terminated contract have not been properly resolved; or (b) in the case of the suspension of a contract, that the reason for the suspension still exists. [Section 15Z inserted: No. 43 of 1999 s. 7.] 15ZA. Administrator's functions An administrator may, for the purposes of performing his or her functions — (a) perform — (i) any function that the contractor or an employee or agent of that contractor has under a contract or had under a terminated contract; and (ii) any function that a subcontractor or an employee or agent of that subcontractor has under a contract or had under a terminated contract; and (b) exercise any power of a superintendent, a prison officer or any other officer. [Section 15ZA inserted: No. 43 of 1999 s. 7.] 15ZB. Compliance with administrator's directions (1) If an administrator is appointed under section 15Y then for the period of the appointment or engagement — (a) the contractor; and (b) each subcontractor; and (c) any person appointed or employed by the contractor or a subcontractor to manage a service that is a subject of a contract, must comply with the administrator's directions in respect of the management or provision of the service, or the ceasing of the provision of the service. Penalty for this subsection: a fine of $80 000. (2) If an administrator is appointed or engaged under section 15Y then for the period of the appointment or engagement any contract worker who has a function in respect of a prison service that is a subject of the relevant contract must comply with the administrator's directions as to the performance of the function. Penalty for this subsection: a fine of $8 000. [Section 15ZB inserted: No. 43 of 1999 s. 7; amended: No. 20 of 2020 s. 11.] 15ZC. Requisitioning property on intervention in, or termination of, contract If the chief executive officer intervenes in a contract under section 15W or terminates or suspends a contract under section 15X, the chief executive officer or an administrator (with the chief executive officer's approval) may — (a) no later than 2 months after the intervention, termination or suspension, requisition any property used in relation to the provision of a prison service that is a subject of the contract or was a subject of the terminated contract; and (b) use the property for the ongoing provision of that prison service for no longer than 12 months after the requisition of the property. [Section 15ZC inserted: No. 43 of 1999 s. 7.] Part IV — Custody, removal and release of prisoners 16. Prisoners in custody of chief executive officer (1) Every prisoner is deemed for so long as he continues to be a prisoner to be in the custody of the chief executive officer. (2) Except as otherwise provided by this Act and subject to subsection (3), a prisoner shall not be confined or kept in any place other than a prison. (3) Subsection (2) is a directory provision only and a breach of that subsection does not affect any issue relating to the lawfulness of the custody of a person at any time. (4) A prisoner on remand shall be treated in the same manner as other prisoners except in so far as regulations provide otherwise. (5) The chief executive officer may allow a prisoner to serve all or part of the prisoner's sentence of imprisonment in a lock‑up if approval to do so has been given — (a) in the case of a place prescribed as a lock‑up for the purposes of the Court Security and Custodial Services Act 1999, by the CEO as defined in that Act; or (b) in the case of any other lock‑up, by the Commissioner of Police. (6) Subsection (5) does not apply in respect of a prisoner who is — (a) ordered to be detained or kept in strict custody until the Governor's pleasure is known; or (b) in safe custody at the direction of the Governor; or (c) undergoing strict security life imprisonment. (7) The chief executive officer may allow a person required to serve a period of imprisonment in default of a payment of a fine or other monetary penalty to serve that period of imprisonment in a lock‑up if approval to do so has been given — (a) in the case of a place prescribed as a lock‑up for the purposes of the Court Security and Custodial Services Act 1999, by the CEO as defined in that Act; or (b) in the case of any other lock‑up, by the Commissioner of Police. (8) Upon taking a prisoner into his custody in accordance with subsection (5) or (7), the person in charge of the lock‑up at that time shall notify the chief executive officer in writing accordingly and shall provide the chief executive officer with particulars of the prisoner. (9) If a prisoner is confined in a lock‑up under this section for a period of 3 months, the chief executive officer shall at the end of that period review the case and, if the occasion arises, shall again review the case at the end of any further period or periods of 3 months during which the prisoner is so confined. (10) Subject to this Act, where a court has committed a person to prison, the prisoner may be detained in a lock‑up for so long as is reasonably necessary to enable arrangements to be made for the conveyance of the prisoner to a prison. [Section 16 amended: No. 47 of 1987 s. 11; No. 113 of 1987 s. 32; No. 47 of 1999 s. 35.] 17. Reckoning of sentence Subject to this Act, a prisoner who is in prison or with lawful authority is in some other place shall be taken to be serving his sentence. 18. Conveyance of prisoners for trial etc. A police officer or a prison officer may convey a prisoner to or from a prison under the order of a court having power to commit a prisoner to prison. 19. Warrants of commitment (1) Notwithstanding any law or any rule of practice to the contrary, it shall not be necessary in a warrant or other instrument under which a prisoner is committed to prison to specify a particular prison in which the prisoner is to be confined nor to address the warrant or other instrument to the superintendent of a particular prison; and a commitment to prison addressed to the chief executive officer shall be sufficient. (2) Where before or after the coming into operation of this Act a prisoner was or is committed to a particular prison or the warrant or other instrument was or is addressed to the superintendent of a particular prison, the warrant and instrument shall be read, and shall be given effect to, as if it were a commitment to prison addressed to the chief executive officer. (3) Subsection (2) shall not apply to any order made by the Governor. (4) Any writ, warrant, or other instrument addressed to the superintendent of a particular prison describing the prison by its situation or some other description shall be valid notwithstanding whatever title such prison is usually known by or whatever be the accurate description of the prison. [Section 19 amended: No. 47 of 1987 s. 11; No. 113 of 1987 s. 32.] 20. Proof of imprisonment (1) The production in any judicial proceedings of a copy of the warrant or other instrument under which a person is or was held in custody in a prison which copy bears a certificate purporting to be signed by the chief executive officer to the effect that the copy is a true copy of the warrant or instrument under which the person is or was held in custody shall be sufficient evidence of the warrant or instrument and the matters specified therein. (2) An endorsement on a true copy of a warrant or other instrument certified as a true copy in accordance with subsection (1) which endorsement purports to be signed by the chief executive officer and relates to the prisoner serving or failing to serve the sentence of imprisonment referred to in the warrant shall be sufficient evidence of the facts stated in the endorsement. [Section 20 amended: No. 47 of 1987 s. 11; No. 113 of 1987 s. 32.] [21, 22. Deleted: No. 65 of 2006 s. 13.] 23. Prisoner assigned to external facility in lawful custody (1) In this section — external facility means a facility outside a prison that is used to confine prisoners to facilitate their being provided with opportunities for work or participation in programmes or activities. (2) A prisoner who is assigned to an external facility shall be deemed to be in lawful custody while confined in that external facility. [Section 23 inserted: No. 65 of 2006 s. 14.] 24. Prisoner absent under permit in lawful custody A prisoner who is absent from a prison or other facility under an absence permit shall be deemed to be in lawful custody while absent as authorised by the permit. [Section 24 inserted: No. 65 of 2006 s. 14.] 25. Prisoner attending legal or investigative proceedings in lawful custody A prisoner who is brought up or produced before a judicial body or to a place under an order lawfully made under this Act or any other Act or any Act of the Commonwealth shall be deemed to be in lawful custody while absent from prison for the purpose specified in the order. [Section 25 inserted: No. 65 of 2006 s. 14.] 26. Removal of prisoner to another prison (1) Subject to subsection (2), the chief executive officer may order that a prisoner who is confined in a prison shall be removed to and confined in another prison, and may by instrument in writing authorise a police officer or pri