Western Australian Consolidated Acts Western Australian Consolidated Acts1 This is a compilation of the Prisons Act 1981 and
includes the amendments made by the other written laws referred to in the
following table 1M, 1a. The table also contains
information about any reprint.
|
Short title |
Number and year |
Assent |
Commencement |
|---|---|---|---|
|
115 of 1981 |
14 Dec 1981 |
1 Aug 1982 (see s. 2 and Gazette
23 Jul 1982 p. 2841) |
|
|
Prisons Amendment Act 1982 |
66 of 1982 |
6 Oct 1982 |
6 Oct 1982 |
|
28 of 1984 |
31 May 1984 |
1 Jul 1984 (see s. 2 and Gazette
15 Jun 1984 p. 1629) |
|
|
Acts Amendment (Abolition of Capital Punishment)
Act 1984 Pt. II |
52 of 1984 |
5 Sep 1984 |
3 Oct 1984 |
|
Acts Amendment (Financial Administration and Audit)
Act 1985 s. 3 |
98 of 1985 |
4 Dec 1985 |
1 Jul 1986 (see s. 2 and Gazette
30 Jun 1986 p. 2255) |
|
Acts Amendment (Corrective Services) Act 1987
Pt. II |
47 of 1987 |
3 Oct 1987 |
11 Dec 1987 (see s. 2 and Gazette
11 Dec 1987 p. 4363) |
|
Acts Amendment (Public Service) Act 1987
s. 32 |
113 of 1987 |
31 Dec 1987 |
16 Mar 1988 (see s. 2 and Gazette
16 Mar 1988 p. 813) |
|
Acts Amendment (Imprisonment and Parole) Act 1987
Pt. III |
129 of 1987 |
21 Jan 1988 |
15 Jun 1988 (see s. 2 and Gazette
20 May 1988 p. 1664) |
|
Prisons Amendment Act (No. 2) 1991 |
47 of 1991 |
17 Dec 1991 |
Act other than s. 6: 17 Dec 1991 (see
s. 2(1)); |
|
Reprint of the Prisons Act 1981 as at
9 Jul 1982 (includes amendments listed above) (correction in
Gazette 18 May 1993 p. 2465) |
|||
|
Criminal Law Amendment Act (No. 2) 1992
s. 16(1) |
51 of 1992 |
9 Dec 1992 |
6 Jan 1993 |
|
Acts Amendment (Ministry of Justice) Act 1993
Pt. 15 6 |
31 of 1993 |
15 Dec 1993 |
1 Jul 1993 (see s. 2) |
|
Acts Amendment (Public Sector Management)
|
32 of 1994 |
29 Jun 1994 |
1 Oct 1994 (see s. 2 and Gazette
30 Sep 1994 p. 4948) |
|
Acts Amendment (Fines, Penalties and Infringement
Notices) Act 1994 Pt. 18 |
92 of 1994 |
23 Dec 1994 |
1 Jan 1995 (see s. 2(1) and
Gazette 30 Dec 1994 p. 7211) |
|
Prisons Amendment Act 1995 |
19 of 1995 |
4 Jul 1995 |
s. 1 and 2:
4 Jul 1995; |
|
Sentencing (Consequential Provisions)
Act 1995 Pt. 69 7 |
78 of 1995 |
16 Jan 1996 |
4 Nov 1996 (see s. 2 and Gazette
25 Oct 1996 p. 5632) |
|
Industrial Relations Legislation Amendment and Repeal
Act 1995 s. 66(3) |
79 of 1995 |
16 Jan 1996 |
18 May 1996 (see s. 3(2) and
Gazette 14 May 1996 p. 2019) |
|
Coroners Act 1996 s. 61 |
2 of 1996 |
24 May 1996 |
7 Apr 1997 (see s. 2 and Gazette
18 Mar 1997 p. 1529) |
|
Mental Health (Consequential Provisions) Act 1996
Pt. 16 |
69 of 1996 |
13 Nov 1996 |
13 Nov 1997 (see s. 2) |
|
Reprint of the Prisons Act 1981 as at
21 Nov 1996 (includes amendments listed above except those in the
Prisons Amendment Act 1995, the Coroners Act 1996
and the Mental Health (Consequential Provisions)
Act 1996) |
|||
|
Acts Amendment (Auxiliary Judges) Act 1997
Pt. 7 |
23 of 1997 |
18 Sep 1997 |
18 Sep 1997 (see s. 2) |
|
Prisons Amendment
Act 1999 8 |
43 of 1999 |
8 Dec 1999 |
s. 1 and 2:
8 Dec 1999; |
|
Court Security and Custodial Services (Consequential
Provisions) Act 1999 Pt. 10 |
47 of 1999 |
8 Dec 1999 |
18 Dec 1999 (see s. 2 and Gazette
17 Dec 1999 p. 6175-6) |
|
Reprint of the Prisons Act 1981 as at
22 Dec 2000 (includes amendments listed above) |
|||
|
10 of 2002 |
28 Jun 2002 |
28 Jun 2002 (see s. 2) |
|
|
Prisons Amendment Act 2003 |
24 of 2003 |
24 Apr 2003 |
s. 1 & 2:
24 Apr 2003; |
|
29 of 2003 |
22 May 2003 |
1 Jul 2003 (see s. 2 and Gazette
27 Jun 2003 p. 2383) |
|
|
48 of 2003 |
3 Jul 2003 |
1 Jan 2004 (see s. 2 and Gazette
30 Dec 2003 p. 5723) |
|
|
Sentencing Legislation Amendment and Repeal Act 2003
s. 29(3) and 86 |
50 of 2003 |
9 Jul 2003 |
s. 29(3): 31 Aug 2003 (see s. 2 and
Gazette 29 Aug 2003
p. 3833); |
|
Statutes (Repeals and Minor Amendments) Act 2003
s. 94 |
74 of 2003 |
15 Dec 2003 |
15 Dec 2003 (see s. 2) |
|
Inspector of Custodial Services Act 2003
s. 56(1) 10 |
75 of 2003 |
15 Dec 2003 |
15 Dec 2003 (see s. 2) |
|
Corruption and Crime Commission Amendment and Repeal
Act 2003 s. 74(2) 11 |
78 of 2003 |
22 Dec 2003 |
7 Jul 2004 (see s. 2 and Gazette
6 Jul 2004 p. 2697) |
|
Reprint 4: The Prisons Act 1981 as at
20 Aug 2004 (includes amendments listed above except those in the
Prisons Amendment Act 2003 s. 5, 6 and 8) |
|||
|
Sentencing Legislation Amendment Act 2004
s. 16 |
27 of 2004 |
14 Oct 2004 |
31 May 2006 (see s. 2 and Gazette
30 May 2006 p. 1965) |
|
Acts Amendment (Court of Appeal) Act 2004
s. 37 |
45 of 2004 |
9 Nov 2004 |
1 Feb 2005 (see s. 2 and Gazette
14 Jan 2005 p. 163) |
|
Courts Legislation Amendment and Repeal Act 2004
s. 141 |
59 of 2004 |
23 Nov 2004 |
1 May 2005 (see s. 2 and Gazette
31 Dec 2004 p. 7128) |
|
Criminal Procedure and Appeals (Consequential and Other
Provisions) Act 2004 s. 78 and
80 12 |
84 of 2004 (as amended by No. 2 of 2008
s. 78(4)) |
16 Dec 2004 |
2 May 2005 (see s. 2 and Gazette
31 Dec 2004 p. 7129 (correction in Gazette
7 Jan 2005 p. 53)) |
|
Oaths, Affidavits and Statutory Declarations
(Consequential Provisions) Act 2005 s. 63 |
24 of 2005 |
2 Dec 2005 |
1 Jan 2006 (see s. 2(1) and Gazette
23 Dec 2005 p. 6244) |
|
Reprint 5: The Prisons Act 1981 as at
21 Jul 2006 (includes amendments listed above except those in the
Prisons Amendment Act 2003 s. 5, 6 and 8) |
|||
|
Criminal Investigation (Consequential Provisions)
Act 2006 s. 73 |
59 of 2006 |
16 Nov 2006 |
1 Jul 2007 (see s. 2 and Gazette
22 Jun 2007 p. 2838) |
|
Prisons and Sentencing Legislation Amendment
Act 2006 Pt. 2 |
65 of 2006 |
8 Dec 2006 |
4 Apr 2007 (see s. 2 and Gazette
3 Apr 2007 p. 1491) |
|
Financial Legislation Amendment and Repeal
Act 2006 Sch. 1 cl. 132 |
77 of 2006 |
21 Dec 2006 |
1 Feb 2007 (see s. 2(1) and Gazette
19 Jan 2007 p. 137) |
|
Reprint 6: The Prisons Act 1981 as at
16 Nov 2007 (includes amendments listed above) |
|||
|
Police Amendment Act 2008 s. 16 and
23(6) |
8 of 2008 |
31 Mar 2008 |
s. 16: 1 Apr 2008 (see
s. 2(1)); |
|
Medical Practitioners Act 2008 Sch. 3
cl. 47 |
22 of 2008 |
27 May 2008 |
1 Dec 2008 (see s. 2 and Gazette
25 Nov 2008 p. 4989) |
|
Criminal Law Amendment (Homicide) Act 2008
s. 36(1) and (3) |
29 of 2008 |
27 Jun 2008 |
1 Aug 2008 (see s. 2(d) and Gazette
22 Jul 2008 p. 3353) |
|
Health Practitioner Regulation National Law (WA)
Act 2010 Pt. 5 Div. 41 |
35 of 2010 |
30 Aug 2010 |
18 Oct 2010 (see s. 2(b) and Gazette
1 Oct 2010 p. 5075-6) |
|
Public Sector Reform Act 2010
s. 89 |
39 of 2010 |
1 Oct 2010 |
1 Dec 2010 (see s. 2(b) and Gazette
5 Nov 2010 p. 5563) |
|
Reprint 7: The Prisons Act 1981 as at 21 Jan
2011 (includes amendments listed above) |
|||
1M Under the Cross-border Justice Act 2008
section 14, in order to give effect to that Act, this Act must be applied
with the modifications prescribed by the Cross-border Justice Regulations
2009 Part 3 Division 16 as if this Act had been altered in that
way. If a modification is to replace or insert a numbered provision, the new
provision is identified by the superscript 1M appearing after the provision
number. If a modification is to replace or insert a definition, the new
definition is identified by the superscript 1M appearing after the defined
term.
1a On the date as at which this
compilation was prepared, provisions referred to in the following table had not
come into operation and were therefore not included in this compilation. For
the text of the provisions see the endnotes referred to in the table.
Provisions
that have not come into operation
|
Short title |
Number and year |
Assent |
Commencement |
|---|---|---|---|
|
Criminal Law Amendment (Homicide) Act 2008
s. 36(2) 13 |
29 of 2008 |
27 Jun 2008 |
To be proclaimed (see s. 2(d)) |
|
Road Traffic Legislation Amendment Act 2012
Pt. 4 Div. 42 14 |
8 of 2012 |
21 May 2012 |
Operative on commencement of the Road Traffic
(Administration) Act 2008 (see s. 2(d)) |
2 Repealed by the Interpretation Act 1984.
3 Under the Acts Amendment (Public Service) Act 1987
s. 31(1)(f), a reference in a written law to “Permanent Head”
is, unless the contrary intention appears, to be construed as if it had been
amended to be a reference to the chief executive officer.
4 Under the Alteration of Statutory Designations Order (No.
3) 2001, a reference to the Western Australian Prisons Department was,
unless the contrary intention appears, to be read and construed as a reference
to the Department of Justice.
Under the Public Sector Management Act 1994 departments can be
established and named. The designation of the department known as the
Department of Justice has been altered to the Department of the Attorney General
and the Department of Corrective Services is established with effect from
5 Jan 2006.
5 Repealed by the Prisons Regulations 1982.
6 The Acts Amendment (Ministry of Justice) Act 1993
Pt. 19 are savings and transitional provisions that are of no further effect.
7 The Sentencing (Consequential Provisions) Act 1995
s. 111(1), (2) and (3) are transitional provisions that are of no further
effect.
8 The Prisons Amendment Act 1999 s. 19 reads as
follows:
19. Transitional
(1) A person who, immediately before the commencement of this Act, was a
prison medical officer as defined in the Prisons Act 1981 is, on and
after the commencement of this Act, to be taken to be —
(a) a medical officer referred to in section 6(3) of the Prisons
Act 1981 as amended by this Act; and
(b) appointed on the same terms and conditions, including as to
remuneration, as those which applied to the person immediately before the
commencement of this Act.
(2) A person who, immediately before the commencement of this Act, was a
medical officer as defined in the Prisons Act 1981 is, on and after
the commencement of this Act, to be taken to be —
(a) a medical officer referred to in section 6(4) of the Prisons
Act 1981 as amended by this Act; and
(b) appointed or engaged (as is relevant to the case) on the same terms
and conditions, including as to remuneration, as those which applied to the
person immediately before the commencement of this Act.
9 The amendments in the Corruption and Crime Commission
Act 2003 Sch. 3 cl. 7(3)-(6) are not included because the sections
they sought to amend have been deleted by the Inspector of Custodial Services
Act 2003 s. 56(1).
10 The Inspector of Custodial Services Act 2003
s. 56(1), which gives effect to Sch. 2, reads as follows:
56. Consequential
amendments to other Acts and regulations
(1) Schedule 2 has effect.
Schedule 2 cl.
6(5) reads as follows:
(5) A person who, immediately before the commencement of this Act, was a
person who had been appointed by the Governor, under the Prisons
Act 1981 section 54, to be a visiting justice is to be regarded,
on and from the commencement, as a person who is appointed by the Minister,
under the Prisons Act 1981 section 54, as a visiting justice on
the same terms and conditions as applied to the person’s appointment by
the Governor.
11 The amendments in the Corruption and Crime Commission
Amendment and Repeal Act 2003 Sch. 2 cl. 11(3)-(6) are not
included because the sections they sought to amend had been deleted by the
Inspector of Custodial Services Act 2003 s. 56(1) before the
amendment purported to come into operation.
12 The Criminal Procedure and Appeals (Consequential and
Other Provisions) Act 2004 Sch. 1 cl. 25
(amendment to s. 23) was deleted by the Criminal Law and Evidence
Amendment Act 2008 s. 78(4).
13 On the date as at which this
compilation was prepared, the Criminal Law Amendment (Homicide) Act 2008
s. 36(2) had not come into operation. It reads as follows:
36. Prisons
Act 1981
(2) Section 16(6) is repealed and the following subsection is
inserted instead —
“
(6) Subsection (5) does not apply in respect of a
prisoner —
(a) who is serving a sentence that requires him or her to
spend —
(i) 20 years or more in custody before being eligible for parole;
or
(ii) his or her whole life in custody;
or
(b) whose release is to be determined by the Governor.
”.
14 On the date as at which this compilation was prepared, the
Road Traffic Legislation Amendment Act 2012 Pt. 4 Div. 42 had
not come into operation. It reads as follows:
Division
42 — Prisons Act 1981 amended
This Division amends the Prisons Act 1981.
163. Section 15L
amended
Delete section 15L(b) and insert:
(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.
Defined
Terms
[This is a list of terms defined and
the provisions where they are defined. The list is not part of the
law.]
Defined Term Provision(s)
absence
permit 3(1), 83(2)
administrator 15A
Appeal Tribunal 3(1)
cessation
declaration 114(5)
chief executive
officer 3(1)
Commission 114(12)
contract 3(1)
contract
worker 15A
contractor 3(1), 113(1)
Department 3(1)
District Court
judge 3(1)
drugs search 49A(1)
ED, PH 95C(1)
external
facility 23(1)
Family Court judge 3(1)
function 15A
gaol Sch. 2 cl.
14
hearing officer 74A(1)
high-level security work 3(1)
independent
prison visitor 3(1)
intervene 15A
jail Sch. 2 cl. 14
judge of the
Supreme Court 3(1)
judicial body 3(1)
lock-up 3(1)
medical
officer 3(1)
medical practitioner 3(1)
officer 3(1)
other
officer 15A
perform 15A
permit 3(1)
person 67A(4)
prison 3(1), Sch.
2 cl. 14
prison dog 49A(1)
prison offence 3(1)
prison officer 3(1), 96,
114(12)
prison services 3(1)
prisoner 3(1)
proceedings 85(4)
proof
of identity 60A(1)
public authority 113(1)
refusal
declaration 114(3)
relevant action 114(1)
relevant
information 113(1)
repealed
Act 3(1)
research 113(1)
rules 3(1)
salary 114(12)
service
provider 113(1)
specified 110(3)
standing
orders 3(1)
subcontractor 3(1)
superintendent 3(1)
this
Act 6(6)
victim 113B(1)
video link 74A(1)
visiting
justice 3(1)