Div 3Agreements with the Chief Commissioner of Police

Division 3—Agreements with the Chief Commissioner of Police S. 9AA inserted by No. 94/1994 s. 10, amended by No. 45/1996 s. 17(Sch. 1 item 9), substituted by No. 26/1997 9AA Agreements with the Chief Commissioner (1) The Chief Commissioner of Police may, for and on behalf of the Crown, enter into an agreement with a person or body, including the Secretary, for the provision by that person or body of— (a) custodial services in police gaols; or (b) services related to the transport of— (i) persons detained in a police gaol to or from a police gaol; or (ii) persons detained in custody in a prison from the prison to a court or police gaol or from a court to a prison or police gaol; or S. 9AA(1) (b)(iii) amended by No. 65/1997 s. 81(b), substituted by No. 26/2014 s. 455(Sch. item 6.2), amended by Nos 20/2015 s. 38, 39/2022 s. 802. (iii) patients within the meaning of the **Mental Health and** **Wellbeing Act 2022** from a designated mental health service under that Act to a court or a police gaol or a designated mental health service or from a court or a police gaol to a court or a police gaol or a designated mental health service; or S. 9AA(1)(b)(iv) amended by No. 48/2006 s. 42(Sch. item 8.2). (iv) persons detained in a remand centre, youth residential centre or youth justice centre within the meaning of the **Children, Youth and Families Act 2005** from that centre to a court or a police gaol or from a court or police gaol to a court or police gaol or such a centre; or (c) services related to security in relation to persons in the custody of the Chief Commissioner of Police. S. 9AA(2) repealed by No. 45/2001 s. 6. S. 9AB inserted by No. 94/1994 s. 10. 9AB Matters to be included in agreement (1) An agreement under section 9AA must provide for— (a) compliance by the contractor with all relevant provisions of this Act or the regulations or of any other Act or instrument of a legislative character; (b) objectives and performance standards in relation to the provision of services; (c) the fees, costs and charges to be paid to the contractor; (d) the submission of periodic reports in relation to the contractor's operations; (e) an indemnity by the contractor in favour of the Crown and the Chief Commissioner of Police; (f) the office the holder of which is to be the principal officer for the purposes of the application of the **Freedom of Information Act 1982** to the contractor; (g) the office the holder of which is to be the principal officer for the purposes of the application of the **Ombudsman Act 1973** to the contractor; (h) any other matter that may be prescribed. (2) An agreement under section 9AA may contain— (b) a provision providing for the assignment to the Chief Commissioner or any other person of any right or interest; (c) a provision providing for the Chief Commissioner to delegate powers and functions under the agreement; (f) a provision providing for the suspension of obligations under the agreement in specified circumstances; (g) a provision providing for rights of access in relation to correctional services; (h) any other provisions that are not inconsistent with this Act or the regulations. S. 9AC inserted by No. 94/1994 s. 10. 9AC Rights of access (1) A contractor or sub-contractor must give the Chief Commissioner of Police and any person authorised by the Chief Commissioner free and unfettered access at all times together with any assistants and equipment that the Chief Commissioner or the authorised person considers necessary— S. 9AC(1)(a) amended by No. 26/1997 s. 12(5). (a) to any police gaol or any vehicle under the management or control of the contractor or sub-contractor (as the case requires); and (c) to all documents in the possession of the contractor as a provider of services under this Act or under an agreement under section 9AA— for the purpose of ensuring compliance with the Act or the regulations or ensuring that the safe custody and welfare of persons detained in the police gaol are maintained. (2) An authorisation under subsection (1) must be in writing and may be subject to any conditions and limitations that the Chief Commissioner thinks fit. Pt 2A Div. 4 (Heading) inserted by No. 94/1994 s. 11.