Western Australian Consolidated Acts

INSPECTOR OF CUSTODIAL SERVICES ACT 2003 - SCHEDULE 3

[s. 57]

1 .         Terms used in this Schedule

                In this Schedule —

        commencement means the day on which this Act comes into operation;

        repealed provisions means Part XA of the Prisons Act 1981 repealed by section  56   ⁵ .

2 .         Interpretation Act 1984 applies

                This Schedule does not limit the operation of the Interpretation Act 1984 .

3 .         Persons holding offices under, or employed etc. for purposes of repealed provisions

        (1)         A person who was —

            (a)         appointed as Inspector or acting Inspector; or

            (b)         appointed, employed or engaged as a member of the Inspector’s staff,

                and whose appointment to, or employment or engagement in, that office or position was in effect immediately before commencement is to be regarded, on and after commencement, as having been appointed, employed or engaged, as the case requires, for the purposes of this Act, on the same terms and conditions, including as to remuneration, as those which applied to the person immediately before commencement.

        (2)         A person to whom subclause (1) applies retains all existing and accruing rights and benefits as if the holding of the office, or the appointment, employment or engagement, for the purposes of this Act, were a continuation of the person’s holding of the office, or the appointment, employment or engagement, for the purposes of the repealed provisions, immediately before commencement.

4 .         Reporting

        (1)         Part 5 of this Act does not apply in respect of a financial year that has ended before this Act comes into operation; and the repealed provisions continue to apply in respect of such a financial year as if the repealed provisions had not been repealed.

        (2)         Part 5 of this Act applies with respect to the period from 1 July in a financial year to a day that —

            (a)         occurs in the same financial year; and

            (b)         immediately precedes commencement,

                as if this Act were in effect when the matters to be reported on occurred.

5 .         Calculating maximum period between inspections for first inspection of a place under this Act

        (1)         The 3 year period referred to in section 19 in relation to an inspection of a prison is to be calculated in the first instance from the time of the last inspection of that prison under the repealed provisions.

        (2)         The 3 year period referred to in section 19 in relation to an inspection of a court custody centre or a lock-up is to be calculated in the first instance from the last inspection of that place under Part 5 of the Court Security and Custodial Services Act 1999 repealed by section 56   ² .

6 .         Independent prison visitors and independent detention centre visitors

        (1)         A person who, immediately before commencement, was a person who had been appointed or was deemed to have been appointed to be a prison visitor under the Prisons Act 1981 section 54 is to be regarded, on and from commencement, as a person who is appointed to be an independent prison visitor under section 39 of this Act on the same terms and conditions as applied to the person’s appointment under the Prisons Act 1981 section 54.

        (2)         A person who, immediately before commencement, was a person who had been appointed to be a detention centre visitor under the Young Offenders Act 1994 section 166 is to be regarded, on and from commencement, as a person who is appointed to be an independent detention centre visitor under section 41 of this Act on the same terms and conditions as applied to the person’s appointment under the Young Offenders Act 1994 section 166.