Western Australian Consolidated Acts Western Australian Consolidated Acts (1) In this
section —
responsible officer means —
(a) in
relation to a prisoner — the chief executive officer as defined in
the Prisons Act 1981 section 3(1); or
(b) in
relation to a detainee — the chief executive officer as defined in
the Young Offenders Act 1994 section 3; or
(c) in
relation to a person in custody — the CEO.
(2)
Subsection (3) applies if the Inspector suspects on reasonable
grounds —
(a) that
there is, or has been, a serious risk to the security, control, safety, care
or welfare of a prisoner, detainee or person in custody; or
(b) that
a prisoner, detainee or person in custody is being, or has been, subjected to
cruel, inhuman or degrading treatment.
(3) The Inspector may
give the responsible officer a written notice (a show cause notice
) —
(a)
specifying the matters in relation to which subsection (2)(a) or (b)
applies; and
(b)
requiring the responsible officer to show cause why the Inspector should not
refer those matters to the Minister.
(4) The show cause
notice must specify a period of at least 3 days within which the notice
must be complied with.
(5) The responsible
officer may, within the period specified in the show cause notice, make
submissions, either orally or in writing, or provide evidence to the Inspector
with respect to the matters specified in the notice.
(6) Having considered
any submissions made or evidence provided under subsection (5), the
Inspector —
(a) may
refer any matter specified in the show cause notice to the Minister; or
(b) may
decide to take no further action with respect to the matter.
(7) If the Inspector
refers a matter to the Minister under subsection (6)(a), the Inspector
must give advice or make recommendations to the Minister as the Inspector
considers appropriate in relation to the matter.
(8) The Inspector may,
by written notice given to the responsible officer, withdraw a show cause
notice.
[Section 33A inserted by No. 52 of 2011
s. 8.]