9CStatus of staff

9C Status of staff S. 9C(1) amended by No. 45/2001 ss 9, 26. (1) A person authorised under section 9A to exercise all or any of the functions or powers of a Governor, prison officer, disciplinary officer, Regional Manager, community corrections officer or escort officer must, for the purposes of this Act and all other purposes (including the purposes of section 479C of the **Crimes Act 1958**), be taken to be a Governor, prison officer, disciplinary officer, Regional Manager, community corrections officer or escort officer, as the case requires. (2) Despite subsection (1), a person referred to in that subsection— S. 9C(2)(a) amended by No. 45/2001 ss 9, 26. (a) does not hold the position of Governor, prison officer, disciplinary officer, Regional Manager, community corrections officer or escort officer, as the case requires; and S. 9C(2)(b) amended by Nos 46/1998 (b) is not subject to the **Public Administration Act 2004**. S. 9CA inserted by No. 94/1994 s. 14, substituted by No. 45/1996 s. 13, amended by No. 37/2014 s. 10(Sch. item 32.2). 9CA Staff—police gaols A reference in section 27 of the **Bail Act 1977** or Part 9A of this Act or the regulations made under this Act to a police officer includes, in relation to the exercise of any function or power under that section or Part or those regulations, a reference to a person authorised under section 9A(1A) to exercise that function or power. S. 9CAA inserted by No. 26/1997 s. 13. 9CAA Transport functions S. 9CAA(1) amended by No. 37/2014 s. 10(Sch. item 32.2). (1) If a person is authorised under section 9A(1B) to carry out the transport of any person to or from a place, any provision of an Act or regulation or of a warrant or order of a court or of any order or instrument under an Act which requires or authorises (either expressly or by necessary implication) a police officer (by name or otherwise) to transport that person to or from that place must be taken to also authorise the person authorised under section 9A(1B) to carry out that transport function in place of a police officer in accordance with that authorisation. S. 9CAA(2) amended by No. 37/2014 s. 10(Sch. item 32.2). (2) Nothing in subsection (1) prevents a police officer from exercising any function referred to in that subsection or any other function under the provision, warrant, order or instrument. (3) Despite anything to the contrary in any other provision of this Act or in any other Act or regulation or in any warrant, order or instrument of any kind, a person who is being transported to or from a place by a person authorised under section 9A(1B) is deemed to be in the custody of the Chief Commissioner of Police while being so transported. S. 9CAA(4) repealed by No. 45/2001 s. 10. S. 9CB inserted by No. 94/1994 s. 14, amended by No. 26/1997 s. 14(a)(b). 9CB Use of reasonable force by staff—police gaols S. 9CB(1) amended by No. 45/2001 s. 11. (1) A person authorised under section 9A(1A) or 9A(1B) to exercise a function or power may, where necessary, use reasonable force to compel a person who is deemed under Part 1A or section 9CAA to be in the custody of the Chief Commissioner of Police to obey an order given by the first-mentioned person in the exercise of that function or power. (2) Where a person uses force under the powers in subsection (1), the person must report the fact to the Chief Commissioner of Police without delay. S. 9CB(3) amended by No. 38/2003 s. 3. (3) A person who uses force in accordance with this section is not liable for injury or damage caused by that use of force. S. 9D