Western Australian Consolidated Acts Western Australian Consolidated Acts (1) In this Act,
unless the contrary intention appears —
absence permit has the meaning given to that term
in section 83(2);
Appeal Tribunal means the Prison Officers Appeal
Tribunal constituted under section 107;
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 ;
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 and Crime Commission 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) a
person 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;
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;
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 by 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.]
[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.]