{"id":"court-security-and-custodial-services-regulations-1999","name":"Court Security and Custodial Services Regulations 1999","slug":"court-security-and-custodial-services-regulations-1999","collection":"regulation","jurisdiction":"wa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":174399,"registerId":"wa-court-security-and-custodial-services-regulations-1999-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Court Security and Custodial Services Regulations 1999","content":"![Crest]()Western Australia\n\nCourt Security and Custodial Services Act 1999\n\nCourt Security and Custodial Services Regulations 1999\n\nWestern Australia\n\nCourt Security and Custodial Services Regulations 1999\n\nContents\n\nPart 1 — Preliminary\n\n1. Citation 1\n\n2. Commencement 1\n\n2A. References to court custody centre 1\n\nPart 2 — General\n\n3. Publication of contracts: s. 45(5)(b) 3\n\n4. Persons not to be searched at court premises 3\n\n5. Prescribed lock‑ups 4\n\n6. Recording particulars of persons admitted to lock‑ups and court custody centre 5\n\n7. Recording critical and reportable incidents at lock‑ups and court custody centres 6\n\n8. Provision of information to persons admitted to lock‑ups and court custody centres 7\n\n9. Property of persons in custody and persons apprehended under the Mental Health Act 8\n\n10. Visitors’ property 8\n\n11. First aid and emergency medical care 9\n\n12. Reporting death of person for whom CEO is responsible 10\n\n13. CEO to inform certain visitors about being searched 11\n\n14. Searches of persons in custody 11\n\n15. Searches of visitors to lock‑ups and court custody centres 12\n\nPart 3 — Restraint of persons in custody\n\nDivision 1 — Preliminary\n\n16. Terms used 13\n\nDivision 2 — Devices and substances\n\n17. Temporary restraint devices 13\n\n18. Holding restraint devices 14\n\n19. Chemical agents 14\n\nDivision 3 — Manner in which devices and substances to be used or not to be used\n\n20. All restraint devices and chemical agents 15\n\n21. All restraint devices 15\n\n22. Temporary restraint devices 16\n\n23. Chemical agents 16\n\nDivision 4 — Procedures\n\n24. Use of restraints in lock‑ups and court custody centres to be authorised or reported after emergencies 17\n\n25. Use of restraints in places other than lock‑ups or court custody centres to be reported 17\n\n26. Review once control has been established by temporary restraint devices at lock‑ups or court custody centres 18\n\n27. Review once control has been established by temporary restraint devices at places other than lock‑ups or court custody centres 19\n\nNotes\n\nCompilation table 20\n\nDefined terms\n\n  \n\nWestern Australia\n\nCourt Security and Custodial Services Act 1999\n\nCourt Security and Custodial Services Regulations 1999\n\n## Part 1 — Preliminary\n\n[Heading inserted: Gazette 28 Jul 2000 p. 3997.]\n\n##### 1. Citation\n\nThese regulations may be cited as the *Court Security and Custodial Services Regulations 1999* 1.\n\n##### 2. Commencement\n\nThese regulations come into operation on the day on which the provisions of the *Court Security and Custodial Services Act 1999*, other than Part 5, come into operation 1.\n\n##### 2A. References to court custody centre\n\nA reference to a court custody centre in a regulation set out in the Table to this regulation does not include a reference to a court custody centre if the management, control and security of the court custody centre is provided by the Commissioner of Police under an arrangement under section 19 of the Act.\n\n**Table**\n\n| r. 6 | r. 10 |\n| --- | --- |\n| r. 7 | r. 13 |\n| r. 8 | r. 14 |\n| r. 9 | r. 15 |\n\n\n[Regulation 2A inserted: Gazette 28 Jul 2000 p. 3997.]\n\n## Part 2 — General\n\n[Heading inserted: Gazette 28 Jul 2000 p. 3998.]\n\n##### 3. Publication of contracts: s. 45(5)(b)\n\n(1) This regulation applies if, under section 45(5)(a) of the Act, the Clerk of the Legislative Assembly or the Clerk of the Legislative Council receives a copy of a contract or a contract as amended (the contract).\n\n(2) The Clerk is to cause to be published in the *Gazette* within 14 days of receiving the contract a notice setting out —\n\n(a) the date on which the contract was received by the Clerk; and\n\n(b) the name or brief description of the contents of the contract; and\n\n(c) the date of the contract or the date on which the contract was amended, as is relevant to the case; and\n\n(d) the parties to the contract; and\n\n(e) details as to where and when the contract can be inspected.\n\n(3) The Clerk is to ensure that the contract can be inspected by any person during office hours.\n\n(4) Copies or extracts may be taken from the contract.\n\n##### 4. Persons not to be searched at court premises\n\nFor the purposes of clause 4(2) of Schedule 1 to the Act the following persons or members of the following classes of persons are not to be searched under clause 4(1) of that Schedule —\n\n(a) the Governor;\n\n(b) a judge, auxiliary judge, master or registrar of the High Court, Supreme Court, Federal Court, Family Court of Western Australia, Family Court of Australia, District Court or Liquor Licensing Court;\n\n(c) the President or a magistrate of the Children’s Court;\n\n(d) a magistrate;\n\n(e) a justice of the peace acting in his or her official capacity;\n\n(f) any other person who acts judicially or who is a member of a body which acts judicially in a State or Federal jurisdiction;\n\n(g) the sheriff or the registrar of a court acting in his or her official capacity;\n\n(h) any person who is a deputy of a person, or who is acting in an office, referred to in paragraph (a) to (g) acting in his or her official capacity;\n\n(i) a member of the Police Force of Western Australia or the Australian Federal Police or an Aboriginal police liaison officer appointed under Part IIIA of the *Police Act 1892*;\n\n[(j) deleted]\n\n(k) a member of Parliament acting in his or her official capacity.\n\n[Regulation 4 amended: Gazette 18 Mar 2008 p. 868; 26 Apr 2016 p. 1276.]\n\n##### 5. Prescribed lock‑ups\n\nThe places listed in the Table to this regulation are prescribed as lock‑ups for the purposes of the Act.\n\n**Table**\n\n| Albany | The part of the Albany Justice Complex, located at 184 Stirling Terrace, Albany, that is —<br>(a) the central portion of the northern side of the building; and<br>(b) used as a lock‑up facility and court custody centre. |\n| --- | --- |\n| Carnarvon | The part of the Carnarvon Police and Justice Complex located at 135 Robinson Street, Carnarvon, that is used as a lock-up facility. |\n| Kalgoorlie | The part of the Kalgoorlie Police Complex, located at 57 Brookman Street, Kalgoorlie, that is —<br>(a) the eastern portion of the building; and<br>(b) used as a lock‑up facility. |\n\n\n[Regulation 5 inserted: Gazette 30 Dec 2005 p. 6878; amended: Gazette 18 Dec 2015 p. 5075.]\n\n##### 6. Recording particulars of persons admitted to lock‑ups and court custody centre\n\n(1) The person in charge of a lock‑up or court custody centre is to ensure that the information referred to in subregulation (2) is recorded, in a manner approved by the CEO, in relation to each person in custody, intoxicated detainee and person apprehended under the Mental Health Act who is admitted to the lock‑up or court custody centre.\n\n(2) The information to be recorded for the purposes of subregulation (1) is as follows —\n\n(a) the person’s name, address and date of birth;\n\n(b) the form of legal custody in which the person is held;\n\n(c) the state of the person’s health and details of any medical condition which might place the person or any other person at the lock‑up or court custody centre at risk;\n\n(d) the time of the person’s admission to, and discharge from, the lock‑up or court custody centre;\n\n(e) the authority for the person’s placement in, and removal from, the lock‑up or court custody centre.\n\n[Regulation 6 inserted: Gazette 28 Jul 2000 p. 3998.]\n\n##### 7. Recording critical and reportable incidents at lock‑ups and court custody centres\n\n(1) The person in charge of a lock‑up or court custody centre is to ensure that the information referred to in subregulation (2) is recorded, in a manner approved by the CEO, in relation to the following events that occur at or in the vicinity of or otherwise affect the lock‑up or court custody centre —\n\n(a) any event, actual or imminent of a serious or critical nature —\n\nthat has jeopardised or is likely to jeopardise the safety or security of any person; or\n\nthat has adversely affected or is likely to adversely affect the security, good order or management of the lock‑up or court custody centre; or\n\nthat has materially disrupted or is likely to materially disrupt the provision of a custodial service;\n\n(b) any event, actual or imminent, other than an event of a serious or critical nature —\n\n(i) that has jeopardised or is likely to jeopardise the safety or security of any person; or\n\n(ii) that has adversely affected or is likely to adversely affect the security, good order or management of the lock‑up or court custody centre; or\n\n(iii) that has materially disrupted or is likely to materially disrupt the provision of a custodial service.\n\n(2) The information to be recorded about an event referred to in subregulation (1) is as follows —\n\n(a) the date and time of the event;\n\n(b) details of the place where the event occurred;\n\n(c) the nature of the event;\n\n(d) details of each person affected by the event;\n\n(e) details of each person advised of the event and when the person was so advised.\n\n[Regulation 7 inserted: Gazette 28 Jul 2000 p. 3998‑9.]\n\n##### 8. Provision of information to persons admitted to lock‑ups and court custody centres\n\n(1) The person in charge of a lock‑up or court custody centre is to ensure that a person in custody, an intoxicated detainee or a person apprehended under the Mental Health Act who is admitted to the lock‑up or court custody centre who so requests is, at a time convenient to the person in charge, informed of the following, as is relevant to the case —\n\n(a) the contents of the warrant or other instrument by which the person is held in custody and any other condition relevant to the person’s custody;\n\n(b) in the case of an intoxicated detainee, the reason for the person’s detention;\n\n(c) the anticipated date and time of the person’s discharge from the lock‑up or court custody centre;\n\n(d) the details contained in the record referred to in regulation 9(2);\n\n(e) in the case of an intoxicated detainee, the inventory kept under section 53C of the *Police Act 1892*.\n\n(2) The person in charge of a lock‑up or court custody centre need not agree to a request made under subregulation (1) if the request appears to the person in charge to be vexatious.\n\n[Regulation 8 inserted: Gazette 28 Jul 2000 p. 3999‑4000.]\n\n##### 9. Property of persons in custody and persons apprehended under the Mental Health Act\n\n(1) In this regulation —\n\nperson in custody includes a person apprehended under the Mental Health Act.\n\n(2) The person in charge of a lock‑up or court custody centre is to record all the property in the possession of each person in custody at the lock‑up or court custody centre as soon as practicable after the person’s admission and that person is to be asked to sign the record as an acknowledgment that it is correct.\n\n(3) If a person in custody refuses to sign a record when asked to do so under subregulation (2), a person who has taken charge of the person in custody must inform the person in charge of the lock‑up or court custody centre who is to endorse the record with a note of the refusal and any reason given by the person in custody for the refusal to sign.\n\n(4) Any property which, in the opinion of the person in charge of the lock‑up or court custody centre, is of a perishable, dangerous or unhygienic nature may be destroyed or otherwise dealt with as ordered by the person in charge and a record of such order and action is to be noted on the record.\n\n[Regulation 9 inserted: Gazette 28 Jul 2000 p. 4000.]\n\n##### 10. Visitors’ property\n\n(1) The CEO is to ensure that procedures are in place for the provision of secure storage facilities —\n\n(a) at court premises for property deposited for safekeeping under clause 5(1) of Schedule 1 to the Act; and\n\n(b) at lock‑ups and court custody centres for property deposited for safekeeping under clause 21 of Schedule 2 to the Act.\n\n(2) If property referred to in subregulation (1)(a) or (b) is not collected within 24 hours of its deposit for safekeeping, the property may be moved to a place for secure storage other than the court premises or the lock‑up or court custody centre where it was deposited.\n\n(3) Property referred to in subregulation (1)(a) or (b) that is uncollected, abandoned or unclaimed for 6 months may by order of the CEO be —\n\n(a) sold at public auction; or\n\n(b) given to an association incorporated under the *Associations Incorporation Act 2015*; or\n\n(c) destroyed or otherwise disposed of.\n\n(4) The CEO must on at least one occasion before a public auction is conducted under subregulation (3)(a) cause a notice to be published in the *Gazette* describing the property to be offered for sale and giving the time, date and place of the auction.\n\n(5) The net proceeds of an auction sale conducted under this regulation must be credited to the Consolidated Account 2.\n\n[Regulation 10 inserted: Gazette 28 Jul 2000 p. 4000‑1; amended: Gazette 30 Dec 2016 p. 5967.]\n\n##### 11. First aid and emergency medical care\n\n(1) The CEO is to ensure that procedures are in place for the provision of first aid and emergency medical care to persons in custody, intoxicated persons and persons apprehended under the Mental Health Act who are in a lock‑up or a court custody centre.\n\n(2) If force has been used on a person for whom the CEO is responsible under section 10, 13, 15 or 16 of the Act and —\n\n(a) the person in charge of the lock‑up or court custody centre, if relevant; or\n\n(b) in any other case, a person who has taken charge of the person,\n\nbelieves on reasonable grounds that the application of force may have caused injury, the person referred to in paragraph (a) or (b) must, as soon as practicable, arrange for the provision of such first aid or emergency medical care as he or she believes on reasonable grounds to be required.\n\n(3) A person who arranges for the provision of first aid or emergency medical care under subregulation (1) or (2) must record the date and time and other details required by the CEO in a manner approved by the CEO.\n\n[Regulation 11 inserted: Gazette 28 Jul 2000 p. 4001.]\n\n##### 12. Reporting death of person for whom CEO is responsible\n\n(1) If a person for whom the CEO is responsible under section 10, 13, 15 or 16 of the Act dies —\n\n(a) at a custodial place; or\n\n(b) while being moved between custodial places; or\n\n(c) while escaping (or otherwise being absent) from a custodial place or during movement between custodial places,\n\nthen the relevant person is to report the death to the CEO as soon as practicable after becoming aware of the death.\n\n(2) In subregulation (1) —\n\nrelevant person means —\n\n(a) if the death occurred in a lock‑up or court custody centre, the person in charge of the lock‑up or court custody centre; or\n\n(b) if the death occurred in any other place, a person who had taken charge of the person for whom the CEO was responsible.\n\n[Regulation 12 inserted: Gazette 28 Jul 2000 p. 4002.]\n\n##### 13. CEO to inform certain visitors about being searched\n\nThe CEO is to ensure that a sign is placed at the entrance of —\n\n(a) court premises informing persons of the effect of clauses 2(1) and (2) and 4(1) and (7) of Schedule 1 to the Act; and\n\n(b) each lock‑up and court custody centre informing persons of the effect of clauses 18(1) and (2) and 20 of Schedule 2 to the Act.\n\n[Regulation 13 inserted: Gazette 28 Jul 2000 p. 4002.]\n\n##### 14. Searches of persons in custody\n\nA search under clause 8 of Schedule 2 to the Act of a person in custody —\n\n(a) may be conducted by one or more of the following means —\n\n(i) by using an electronic or other device that is designed to locate property that is a subject of the search;\n\n(ii) by visual inspection;\n\n(iii) by frisk search;\n\n(iv) by way of requiring the person to undress and searching the person visually and by hand;\n\n(v) by way of a doctor or a nurse conducting an internal examination of the person’s body cavities but only if the person in charge of the lock‑up or court custody centre has first obtained the approval of the CEO to proceed with the examination;\n\nand\n\n(b) must be conducted expeditiously and with regard to decency and self‑respect.\n\n[Regulation 14 inserted: Gazette 28 Jul 2000 p. 4002‑3.]\n\n##### 15. Searches of visitors to lock‑ups and court custody centres\n\nA search under clause 20 of Schedule 2 to the Act of a person in custody —\n\n(a) may be conducted by one or more of the following means —\n\n(i) by using an electronic or other device that is designed to locate property that is a subject of the search;\n\n(ii) by visual inspection;\n\n(iii) by frisk search;\n\n(iv) by way of requiring the person to undress and searching the person visually and by hand;\n\nand\n\n(b) must be conducted expeditiously and with regard to decency and self‑respect.\n\n[Regulation 15 inserted: Gazette 28 Jul 2000 p. 4003.]\n\n## Part 3 — Restraint of persons in custody\n\n[Heading inserted: Gazette 28 Jul 2000 p. 4003.]\n\n### Division 1 — Preliminary\n\n[Heading inserted: Gazette 28 Jul 2000 p. 4003.]\n\n##### 16. Terms used\n\nIn this Part, unless the contrary intention appears —\n\nauthorised person means a person authorised to exercise a power set out in clause 12 of Schedule 2 to the Act;\n\nchemical agent means a chemical agent of a kind referred to in regulation 19;\n\nholding restraint device means a holding restraint device of a kind referred to in regulation 18;\n\nrestraint device means a holding restraint device or a temporary restraint device;\n\ntemporary restraint device means a temporary restraint device of a kind referred to in regulation 17.\n\n[Regulation 16 inserted: Gazette 28 Jul 2000 p. 4003; amended: Gazette 26 Apr 2016 p. 1276.]\n\n### Division 2 — Devices and substances\n\n[Heading inserted: Gazette 28 Jul 2000 p. 4004.]\n\n##### 17. Temporary restraint devices\n\n(1) The following kinds of temporary restraint devices can be used to establish control over any person in custody —\n\n(a) handcuffs;\n\n(b) velcro hobbles.\n\n(2) The following kinds of temporary restraint devices can be used to establish control over any adult person in custody except an adult who is a detainee —\n\n(a) anklecuffs;\n\n(b) body belts;\n\n(c) rope hobbles;\n\n(d) temporary plastic handcuffs (flexi‑cuffs).\n\n[Regulation 17 inserted: Gazette 28 Jul 2000 p. 4004.]\n\n##### 18. Holding restraint devices\n\n(1) The following kinds of holding restraint devices can be used to maintain control over any person in custody —\n\n(a) handcuffs;\n\n(b) body belts;\n\n(c) anklecuffs made of webbing and lockable by use of padlocks (known as ankle ribbands).\n\n(2) The following kinds of holding restraint devices can be used to maintain control over any adult person in custody except an adult who is a detainee —\n\n(a) anklecuffs;\n\n(b) security chain link (lockable by use of padlocks);\n\n(c) mattresses (with restraining attachments).\n\n[Regulation 18 inserted: Gazette 28 Jul 2000 p. 4004; amended: Gazette 30 Dec 2005 p. 6878.]\n\n##### 19. Chemical agents\n\nThe following kinds of chemical agents can be used to establish control over any adult person in custody except an adult who is a detainee —\n\n(a) Oleoresin Capsicum (OC) commonly known as “pepper spray”;\n\n(b) Orthocololrobenzilemalonotrile (CS) commonly known as “tear gas”.\n\n[Regulation 19 inserted: Gazette 28 Jul 2000 p. 4004.]\n\n### Division 3 — Manner in which devices and substances to be used or not to be used\n\n[Heading inserted: Gazette 28 Jul 2000 p. 4004.]\n\n##### 20. All restraint devices and chemical agents\n\nA restraint device or a chemical agent —\n\n(a) must not be used on a person in custody by anyone other than an authorised person who has successfully undergone a training programme approved by the CEO; and\n\n(b) must be used in accordance with the manufacturer’s instructions and in accordance with the procedures set out in a training programme approved by the CEO.\n\n[Regulation 20 inserted: Gazette 28 Jul 2000 p. 4004‑5.]\n\n##### 21. All restraint devices\n\n(1) An authorised person must not use or improvise any device other than a restraint device to restrain a person in custody unless the authorised person believes on reasonable grounds that it is necessary to do so.\n\n(2) If a restraint device referred to in regulation 17(1) or 18(1) is used on a young person or on an adult who is a detainee the person must be kept under constant supervision during the period in which the device is used on the person.\n\n(3) If a restraint device has been used on a person in custody the person must be checked and monitored in accordance with the CEO’s rules during the period in which the device is used on the person.\n\n(4) An authorised person must not restrain a person in custody by shackling or tying the person’s hands and legs together behind the person’s back.\n\n(5) An authorised person who is moving a person in custody between custodial places must not shackle or tie the person to a vehicle while the vehicle is in motion.\n\n(6) A person who checks or monitors a person in custody for the purposes of subregulation (3) must record information about the checks and monitoring as required by, and in a manner approved by, the CEO.\n\n[Regulation 21 inserted: Gazette 28 Jul 2000 p. 4005.]\n\n##### 22. Temporary restraint devices\n\n(1) A temporary restraint device must not be used for any purpose other than to establish control over a person in custody.\n\n(2) If a temporary restraint device is used on a person in custody the person must be kept under constant supervision during the period in which the device is used on the person.\n\n(3) A person in custody on whom a temporary restraint device is used must not be placed in the prone position during the period in which the device is used on the person.\n\n(4) Temporary plastic handcuffs (flexi‑cuffs) must not be used on a person in custody unless a cut‑off tool is immediately available.\n\n(5) A temporary restraint device must not be used on a person in custody for longer than the time it takes to establish control over the person.\n\n[Regulation 22 inserted: Gazette 28 Jul 2000 p. 4005‑6.]\n\n##### 23. Chemical agents\n\n(1) A chemical agent must not be used for any purpose other than to establish control over a person in custody.\n\n(2) A chemical agent must not be used on a person in custody except by an authorised person who believes on reasonable grounds that no other means is immediately available to establish control over the person in custody.\n\n[Regulation 23 inserted: Gazette 28 Jul 2000 p. 4006.]\n\n### Division 4 — Procedures\n\n[Heading inserted: Gazette 28 Jul 2000 p. 4006.]\n\n##### 24. Use of restraints in lock‑ups and court custody centres to be authorised or reported after emergencies\n\n(1) Subject to subregulation (2), an authorised person must not use a restraint device or a chemical agent on a person in custody at a lock‑up or a court custody centre unless the person in charge of the lock‑up or court custody centre has authorised the use of the restraint device or chemical agent.\n\n(2) An authorised person may, in the event of an emergency, use a restraint device or a chemical agent on a person in custody at a lock‑up or a court custody centre without the prior approval of the person in charge of the lock‑up or court custody centre.\n\n(3) If an authorised person uses a restraint device or a chemical agent on a person in custody in the circumstances referred to in subregulation (2) the authorised person must, as soon as practicable after the event, inform the person in charge of the lock‑up or court custody centre of the use of the restraint device and the reasons for the use.\n\n(4) The authority to use, or the use of, a restraint device under this regulation must be in accordance with these regulations and any relevant CEO’s rules.\n\n[Regulation 24 inserted: Gazette 28 Jul 2000 p. 4006.]\n\n##### 25. Use of restraints in places other than lock‑ups or court custody centres to be reported\n\n(1) An authorised person may use a restraint device or a chemical agent in accordance with these regulations and any relevant CEO’s rules on a person in custody at a custodial place other than a lock‑up or a court custody centre or while the person in custody is being moved between custodial places.\n\n(2) If an authorised person uses a restraint device or a chemical agent on a person in custody in the circumstances referred to in subregulation (1) the authorised person must, as soon as practicable after the event, inform —\n\n(a) the superintendent of the prison or detention centre to which the person in custody is being returned or taken; or\n\n(b) the person in charge of the lock‑up or court custody centre to which the person in custody is being returned or taken,\n\nof the use of the restraint device and the reasons for the use.\n\n[Regulation 25 inserted: Gazette 28 Jul 2000 p. 4006‑7.]\n\n##### 26. Review once control has been established by temporary restraint devices at lock‑ups or court custody centres\n\n(1) If —\n\n(a) an authorised person uses a temporary restraint device on a person in custody at a lock‑up or a court custody centre; and\n\n(b) control over the person in custody has been established,\n\nthe person in charge of the lock‑up or court custody centre is to review whether or not the use of a holding restraint device on the person in custody is required.\n\n(2) The person in charge of the lock‑up or court custody centre is to record, in a manner approved by the CEO, the results of each review under subregulation (1).\n\n[Regulation 26 inserted: Gazette 28 Jul 2000 p. 4007.]\n\n##### 27. Review once control has been established by temporary restraint devices at places other than lock‑ups or court custody centres\n\n(1) If —\n\n(a) an authorised person uses a temporary restraint device on a person in custody at a custodial place other than a lock‑up or a court custody centre or while the person in custody is being moved between custodial places; and\n\n(b) control over the person in custody has been established,\n\nthe authorised person is to review whether or not the use of a holding restraint device on the person in custody is required.\n\n(2) An authorised person who conducts a review under subregulation (1) must, as soon as practicable after the review, inform —\n\n(a) the superintendent of the prison or detention centre to which the person in custody is being returned or taken; or\n\n(b) the person in charge of the lock‑up or court custody centre to which the person in custody is being returned or taken,\n\nof the results of the review.\n\n[Regulation 27 inserted: Gazette 28 Jul 2000 p. 4007‑8.]\n\n![dline]()\n\nNotes\n\n1 This is a compilation of the *Court Security and Custodial Services Regulations 1999*. The following table contains information about these regulations. The table also contains information about any reprint.\n\nCompilation table\n\n| **Citation** | **Gazettal** | **Commencement** |\n| --- | --- | --- |\n| *Court Security and Custodial Services Regulations 1999* | 17 Dec 1999 p. 6226‑8 | 18 Dec 1999 (see r. 2 and *Gazette* 17 Dec 1999 p. 6175) |\n| *Court Security and Custodial Services Amendment Regulations 2000* | 28 Jul 2000 p. 3997‑4008 | 31 Jul 2000 (see r. 2) |\n| *Court Security and Custodial Services Amendment Regulations 2005* | 30 Dec 2005 p. 6877‑8 | 30 Dec 2005 |\n| **Reprint 1: The *Court Security and Custodial Services Regulations 1999* as at 16 Mar 2007** (includes amendments listed above) | | |\n| *Court Security and Custodial Services Amendment Regulations 2008* | 18 Mar 2008 p. 868 | r. 1 and 2: 18 Mar 2008 (see r. 2(a));<br>Regulations other than r. 1 and 2: 19 Mar 2008 (see r. 2(b)) |\n| *Court Security and Custodial Services Amendment Regulations 2015* | 18 Dec 2015 p. 5075 | r. 1 and 2: 18 Dec 2015 (see r. 2(a));   Regulations other than r. 1 and 2: 19 Dec 2015 (see r. 2(b)) |\n| *Court Security and Custodial Services Amendment Regulations 2016* | 26 Apr 2016 p. 1276 | r. 1 and 2: 26 Apr 2016 (see r. 2(a));   Regulations other than r. 1 and 2: 27 Apr 2016 (see r. 2(b)) |\n| *Corrective Services Regulations Amendment (Associations Incorporation) Regulations 2016* Pt. 2 | 30 Dec 2016 p. 5967‑8 | 31 Dec 2016 (see r. 2(b)) |\n| **Reprint 2: The *Court Security and Custodial Services Regulations 1999* as at 5 May 2017** (includes amendments listed above) | | |\n\n\n2 Under the *Financial Legislation Amendment and Repeal Act 2006* Sch. 2 cl. 13 a reference to the Consolidated Fund may, where the context so requires, be read as if it had been amended to be a reference to the Consolidated Account. This reference was changed under the *Reprints Act 1984* s. 7(5)(a).\n\nDefined terms\n\n*[This is a list of terms defined and the provisions where they are defined. The list is not part of the law.]*\n\n**Defined term Provision(s)**\n\nauthorised person 16\n\nchemical agent 16\n\nholding restraint device 16\n\nperson in custody 9(1)\n\nrelevant person 12(2)\n\nrestraint device 16\n\ntemporary restraint device 16\n","sortOrder":0}],"analysis":{"kimi_summary":{"content_quality":"ok","complexity_score":5,"scope_assessment":{"changed":false,"description":"The regulations appear to maintain their original scope. The compilation table shows amendments over time (2000, 2005, 2008, 2015, 2016) but these are incremental updates rather than scope expansion: adding specific locations to the lock-up list, updating references to modern legislation (Associations Incorporation Act 2015), and refining definitions. The core purpose—regulating security and custody in court settings—remains consistent."},"complexity_factors":["Multiple cross-references to the parent Act (Court Security and Custodial Services Act 1999) and other legislation (Police Act 1892, Mental Health Act, Associations Incorporation Act 2015)","Nested conditional logic: different rules apply based on location (lock-up vs court custody centre vs other places), type of person (adult vs young person vs detainee), and device type (temporary vs holding restraint)","Specific exemptions and carve-outs: Regulation 2A excludes certain court custody centres from specific regulations when managed by Police Commissioner; Regulation 4 lists 11 categories of exempt persons from searches","Defined terms section with 7 defined terms, but some terms like 'person in custody' have extended definitions within specific regulations (Regulation 9(1))","Procedural requirements with multiple steps: authorisation requirements (Regulation 24), review requirements (Regulations 26-27), recording and notification obligations","Technical specifications for restraint devices and chemical agents with specific product names (Oleoresin Capsicum, Orthocololrobenzilemalonotrile) and colloquial names","Geographic specificity: Regulation 5 prescribes exact street addresses and building portions for lock-ups"],"plain_english_summary":"These regulations set out the detailed rules for how court security and custodial services operate in Western Australia. They cover:\n\n**Who and what is covered:**\n- **Lock-ups and court custody centres** – specific facilities where people are held in custody before or during court appearances (listed in Regulation 5: Albany, Carnarvon, and Kalgoorlie)\n- **People in custody** – prisoners, intoxicated detainees, and people detained under mental health laws\n\n**Key requirements:**\n- **Record-keeping:** Staff must record details about every person admitted (name, health status, time of admission/discharge, legal authority for detention) and any serious incidents that occur\n- **Information rights:** People in custody can request to see the warrant or document holding them, when they'll be released, and a record of their property\n- **Property handling:** Staff must record all property brought in by detainees. Dangerous or perishable items can be destroyed. Visitors' property left for safekeeping can be auctioned after 6 months if unclaimed\n- **Searches:** Specific rules about who can be searched and how (judges, politicians, and police are exempt from searches at court premises). Searches must be done with 'decency and self-respect' and can range from electronic scanning to strip searches (internal body cavity searches require CEO approval)\n- **Restraint devices:** Detailed rules on when handcuffs, anklecuffs, body belts, pepper spray, and tear gas can be used. Temporary restraints (like handcuffs) can only be used to 'establish control,' while holding restraints maintain control. There are strict prohibitions: no hog-tying (hands and legs tied behind back), no shackling to moving vehicles, and no leaving people face-down while restrained\n- **Medical care:** First aid must be available, and anyone injured by use of force must receive medical attention\n- **Deaths in custody:** Must be reported to the CEO immediately\n\n**Why it matters:**\nThese regulations protect the rights and safety of people held in court custody, ensure transparency in how security contractors operate, and set strict limits on the use of force and restraints. They balance security needs with human rights protections for vulnerable people (including those with mental health issues and young people)."},"summary":{"complexity_score":1,"scope_assessment":{"changed":false,"description":"Scope cannot be assessed as no legislative text was available for analysis. The page URL is broken and the regulation content was not returned."},"complexity_factors":["No legislative content was retrievable — the page returned a 'no longer available' error message rather than the text of the regulation","Complexity cannot be meaningfully assessed without access to the actual provisions","Score of 1 reflects absence of content, not simplicity of the underlying law"],"plain_english_summary":"**No legislation content could be retrieved.**\n\nThe page for the *Court Security and Custodial Services Regulations 1999* (Western Australia) is no longer available at its original web address. The Western Australian legislation website has undergone system upgrades that have changed some page links, making this particular regulation inaccessible via the provided URL.\n\n**What we do know from the title alone:**\n- This is a Western Australian regulation (a detailed set of rules made under a parent Act)\n- It likely governs security arrangements in WA courts and the handling/transport of people in custody\n- It would affect court security officers, custodial service providers, prisoners/detainees being moved to or from court, and court staff\n\n**To access the actual regulation**, visit the [WA Legislation website](https://www.legislation.wa.gov.au) and search directly for \"Court Security and Custodial Services Regulations 1999\"."},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"issue_detection":{"absurdities":[],"contradictions":[]},"flash_summary":{"complexity_score":6,"scope_assessment":{"changed":false,"description":"The regulations remain within the Act’s original scope of governing court security and custodial services. Amendments and inserted regulations mainly provide operational detail (permitted devices, recordkeeping formats, reporting lines, prescribed lock‑ups, and procedures for property disposal and publication of certain contracts). These are implementation and compliance layers rather than an expansion into new subject matter. The instrument does, however, increase administrative reach by centralising approval and procedural detail with the CEO and by enumerating specific physical devices and chemical agents (Regs 17–20, 24). That represents a deepening of administrative control and procedural detail, not a material change of purpose."},"complexity_factors":["Multiple cross‑references to the parent Act and its Schedules (several regs operate \"for the purposes of\" particular clauses of the Act or Schedule).","Seven defined terms in Part 3 (authorised person, chemical agent, holding restraint device, person in custody, relevant person, restraint device, temporary restraint device) with operational consequences (Reg 16).","Layered permissions and exceptions for devices (permitted devices differ by category: adults, detainees, young people) — see Regs 17–19, 22 and 18(2).","Significant CEO discretion: many actions require CEO approval or must be \"in a manner approved by the CEO\" (Regs 6(1), 7(1), 11(3), 20(b), etc.), increasing dependence on secondary instruments.","Nested procedural requirements: initial emergency authority exceptions plus post‑event reporting and review duties (Regs 24–27).","Multiple recordkeeping and reporting obligations with different triggers and addressees (admission/discharge records, incident logs, monitoring notes, medical records, death reports — Regs 6, 7, 9, 11, 12, 21(6), 26(2)).","Specific prohibitions that interact with operational decisions (e.g., no shackling hands and legs together, no shackle to vehicle in motion, prohibition on placing a restrained person prone — Regs 21(4)–(5), 22(3)).","Tables and site‑specific prescriptions (the Table to Reg 5 lists prescribed lock‑ups), plus historical amendments listed in the Compilation Table that add interpretive complexity."],"plain_english_summary":"**What this instrument does, in plain English**\n\n- Sets out detailed operational rules for the custody, search, restraint, care and management of people at court sites, lock‑ups and court custody centres. (These regulations sit under the Court Security and Custodial Services Act and fill in how the Act is to be applied.)\n\n- Lists who must keep records, what records must be kept, and how incidents must be reported (for example: admission/ discharge details, health risks, property inventories, and critical incidents). (Regs 6–9, 7, 11.)\n\n- Prescribes which physical locations count as official lock‑ups for the Act. (Reg 5 and the Table to Reg 5.)\n\n- Requires public publication and inspection of certain contracts received by parliamentary clerks (what must be published and the timetable). (Reg 3.)\n\n- Defines who is exempt from being searched on court premises (senior judicial officers, some police and parliamentary members, etc.). (Reg 4.)\n\n- Regulates visitors’ property: secure storage, relocation after 24 hours, disposal or sale after 6 months, and how sale proceeds are handled. (Reg 10.)\n\n- Sets rules for searches of people in custody and visitors (what techniques may be used and that searches be done quickly and with regard to decency). (Regs 14–15.)\n\n- Specifies exactly which restraint devices and chemical agents may be used, who may use them, and the conditions for their use (training and CEO approval, who may be subject to certain devices, supervision and monitoring obligations, and prohibition of certain practices such as shackling hands and feet together behind the back). (Regs 16–23, 20–23, 21(4)–(5), 22.)\n\n- Requires higher‑level rules and training to be approved by the CEO (the department head responsible under the Act), and puts on authorised staff the duty to record use of force and to report post‑incident reviews. (Regs 20, 24–27.)\n\n- Requires first aid/medical arrangements and recording when force is used, and requires prompt reporting of deaths of persons for whom the CEO is responsible. (Regs 11, 12.)\n\n\nWho this affects\n\n- People detained, held in lock‑ups or court custody centres, intoxicated detainees and people apprehended under the Mental Health Act (the rules control how they may be searched, restrained, treated and what records are kept). (Regs 6–9, 14–15, Part 3.)\n- Authorised custodial staff and contracted security providers (they must follow approved training, get authorisations, make reports and keep records). (Regs 16, 20, 24–27.)\n- The CEO (department head) who approves training, rules and procedures, authorises certain activities and decides disposition of unclaimed property. (Regs 10, 20, 24.)\n- Clerks of the Legislative Assembly/Council (obliged to cause publication of certain contracts they receive). (Reg 3.)\n- Visitors to courts, lock‑ups and custody centres (search, signage and property rules apply). (Regs 13, 15, 10.)\n\n\nWhy it matters (mechanics, incentives and trade‑offs)\n\n- Mechanically: the regulations convert high‑level powers in the Act into concrete operational obligations — lists of allowed restraint devices and chemical agents (Regs 17–19), who may be searched (Reg 4), what monitoring and records must be kept (Regs 6–9, 7, 11, 21(6)), and reporting and review duties after force is used (Regs 24–27).\n\n- Who pays: the State (through the responsible agency and CEO) bears implementation and compliance costs — training programmes, record systems, secure storage for property, medical care, and administration of reporting. The proceeds of any auction of unclaimed visitors’ property are credited to the Consolidated Account (Reg 10(5)).\n\n- Who decides: the CEO has substantial administrative discretion — approving training programmes and rules, authorising specific invasive examinations (Reg 14(a)(v)), and ordering disposal or sale of unclaimed property (Reg 10(3)). The person in charge at each lock‑up or custody centre makes many on‑the‑ground decisions (e.g. authorising restraint use at the site, recording and reviews under Regs 24–27).\n\n- Behaviour changes required: custodial staff must be trained and authorised before using restraints or chemical agents (Reg 20); they must record admission, health and property information (Regs 6, 9); they must avoid banned practices (e.g. shackling hands and legs together behind the back; Reg 21(4)); and they must report and review any use of temporary restraints or chemical agents (Regs 24–27).\n\n- Trade‑offs and risks: the rules narrow how force can be used (lists of permitted devices; training requirement; supervision and monitoring) which raises compliance and training costs for agencies but standardises practice and creates documentation for oversight (Regs 17–23, 21(3), 26). CEO discretion to approve training and procedures centralises control (Reg 20) but concentrates implementation power, which can produce variation between sites or over time unless the CEO’s rules are detailed and enforced. Recordkeeping and reporting obligations increase administrative load on local staff (Regs 6, 7, 21(6), 26(2)).\n\n- Substitution effects: limits on chemical agents and devices for certain categories (e.g. chemical agents permitted only on adult non‑detainees; Reg 19 and 23) may steer staff toward different physical restraints in some situations, which changes operational choices and risk profiles.\n\n- Implementation risk and oversight: many obligations refer to formats or procedures \"approved by the CEO\" or \"in accordance with the CEO’s rules\" (eg Regs 6(1), 7(1), 20(b), 21(3)), so the practical effect depends heavily on the quality, specificity and enforcement of those CEO rules. Clear record formats and timely supervisory review are required for the transparency the regulations aim to produce (Regs 6–7, 24–27).\n\n\nWhat the instrument claims to do (and how that compares to costs and incentives)\n\n- The text frames its measures as operational safeguards: limiting and regulating searches and restraints, ensuring health care and incident reporting, and preserving evidence of events through recordkeeping (see Part 2 and Part 3). These mechanisms should increase documentation and traceability after incidents (Regs 7, 21(6), 26(2)).\n\n- Costs/implementation trade‑offs to consider: extra staff time for recording and reporting; the need to develop, run and audit CEO‑approved training programmes; potential legal and reputational risk if CEO rules are inadequate; and logistical costs for secure storage and disposal of unclaimed property (Reg 10). The regulations create specific, central levers (CEO approvals and site‑level authorisations) that impose one‑off and ongoing administrative burdens while aiming to standardise practice.\n\n\nKey sections to look at quickly for decisions and obligations\n\n- Allowed devices and chemical agents: Regs 17–19.\n- Who may use them and training/approval requirements: Reg 20 and regs 21–23.\n- Reporting and review after force: Regs 24–27.\n- Recordkeeping on admissions, health and incidents: Regs 6–9, 7.\n- Visitor property, storage, sale and proceeds: Reg 10.\n- Publication of certain contracts and public inspection: Reg 3.\n- Search exemptions (who should not be searched): Reg 4.\n\n\nBottom line (mechanical effect):\nThe regulations translate the Act’s high‑level custodial powers into specific procedural rules: they authorise a short list of restraint devices and chemical agents under strict conditions, require training and CEO approval, impose recordkeeping and reporting duties on site managers and authorised staff, set out rules for visitors’ property and the publication of certain contracts, and require medical care and death reporting. They centralise implementation choices with the CEO while imposing repeated documentation obligations on front‑line staff (see Regs 6–27)."}},"importantCases":[],"_links":{"self":"/api/acts/court-security-and-custodial-services-regulations-1999","history":"/api/acts/court-security-and-custodial-services-regulations-1999/history","analysis":"/api/acts/court-security-and-custodial-services-regulations-1999/analysis","conflicts":"/api/acts/court-security-and-custodial-services-regulations-1999/conflicts","importantCases":"/api/acts/court-security-and-custodial-services-regulations-1999/important-cases","documents":"/api/acts/court-security-and-custodial-services-regulations-1999/documents"}}