Western Australian Numbered Acts

INSPECTOR OF CUSTODIAL SERVICES ACT 2003 (NO. 75 OF 2003)

TABLE OF PROVISIONS

           Long Title
           Preamble

   PART 1 -- Preliminary  

   1.      Short title  
   2.      Commencement  
   3.      Definitions  
   4.      Notes not part of the law  

   PART 2 -- Office of Inspector  

           Division 1 -- Inspector  

   5.      Office of Inspector continued  
   6.      Appointment of Inspector  
   7.      Conditions of appointment  
   8.      Oath or affirmation  
   9.      Removal of Inspector from office  
   10.     Portability of superannuation and other entitlements  

           Division 2 -- Acting appointments  

   11.     Acting appointments made by Governor  
   12.     Acting appointments made by Inspector  
   13.     Matters relevant to all acting appointments  
   14.     Acting Inspector: functions etc.  
   15.     Savings  

           Division 3 -- Staff  

   16.     Staff  

   PART 3 -- Relationship with Minister  

   17.     Directions of Minister  
   18.     Minister to have access to information  

   PART 4 -- Functions and powers of Inspector  

           Division 1 -- Functions  

   19.     Inspection of places: mandatory  
   20.     Inspection report  
   21.     Inspection of places: occasional  
   22.     Review of custodial services: occasional  
   23.     Reporting on occasional inspections and reviews  
   24.     Providing reports, draft inspection reports to interested persons  
   25.     Notifications  
   26.     Relationship of Inspector’s functions to other laws  

           Division 2 -- Powers  

   27.     Powers of Inspector  
   28.     Access to prisons etc.  
   29.     Access to detention centres etc.  
   30.     Access to court custody centres, lock-ups etc.  
   31.     Matters relevant to access powers  
   32.     Offence to hinder etc. persons exercising access powers  

   PART 5 -- Reporting  

   33.     Annual reporting  
   34.     Inspection reports and reports of occasional inspections and reviews  
   35.     Laying before Parliament annual reports, inspection reports and reports of occasional inspections and reviews  
   36.     Chief judicial officers to receive copy of inspection reports, reports of occasional inspections and reviews affecting the court  
   37.     Submissions in certain cases before completion of reports  
   38.     Reporting requirements under Financial Administration and Audit Act 1985  

   PART 6 -- Independent visitor service  

   39.     Appointment of independent prison visitors  
   40.     Duties of independent prison visitors  
   41.     Appointment of independent detention centre visitors  
   42.     Duties of independent detention centre visitors  
   43.     Inspector to deal with reports of independent prison visitors and independent detention centre visitors  

   PART 7 -- Disclosure of information  

   44.     Disclosure of information permitted for consultation purposes  
   45.     Disclosure of certain other information permitted  
   46.     Disclosure of information permitted if in certain interests to do so  
   47.     Confidentiality  
   48.     Directions to not disclose information  

   PART 8 -- Other offences  

   49.     Hindering and other offences  
   50.     Victimisation  

   PART 9 -- Miscellaneous  

   51.     Security and safety considerations  
   52.     Protection from liability  
   53.     Documents sent to or by the Inspector not admissible  
   54.     Protection for proceedings in Cabinet  
   55.     Regulations  
   56.      Consequential amendments to other Acts and regulations  
   57.      Savings and transitional provisions  
           SCHEDULE 1 -- Financial Administration and Audit Act 1985 application to the office of the Inspector  
           SCHEDULE 2 -- Consequential amendments to Acts and regulations  
           SCHEDULE 3 -- Savings and transitional  
           
[Assented to 15 December 2003]