Prisons Act 1981

The Act defines key terms in s 3(1). A “prisoner” includes persons committed for punishment, on remand, for trial, for contempt of court or Parliament, or otherwise ordered into strict custody under State or Commonwealth law. A person remains a prisoner for as long as they are in lawful custody. This definition is broad and extends to persons whose sentence has been commuted by the Royal Mercy. The concept of lawful custody is elaborated in s 16: every prisoner is deemed in the custody of the CEO, and must not be confined outside a prison except as provided (s 16(2)). However, s 16(3) provides that this requirement is directory only and a breach does not affect the lawfulness of custody, a provision that shields the State from challenges based purely on placement.

“Prison” is defined as the prisons, gaols and penal outstations declared under s 4 (listed in Schedule 1) plus any building, enclosure or place declared by the Minister under s 5. The Minister may also alter boundaries and declare that a prison ceases to be a prison (s 5(1)). This allows flexible expansion or reconfiguration of the prison estate without amending the primary legislation.

The Act distinguishes between “officers” (appointed under s 6 or s 13) and “prison officers” (engaged under s 13 and certain other designated offices). Prison officers must subscribe an oath of engagement before a justice or senior officer (s 13(2)). The CEO is the chief executive officer of the Department and has extensive powers, including the power to delegate functions to any person (except the power to make rules under s 35 or to set up an inquiry under s 9) (s 8(1)). Delegated powers cannot be sub-delegated (s 8(3)).

The concept of “high-level security work” is central to the contract prison services regime. It means work specified in s 15M (which requires the exercise of a superintendent, prison officer or other officer power and is provided by a contract worker) or work declared by the CEO under s 15N. The CEO can also declare work that requires direct contact with prisoners or access to prisoner information as high-level security work. Contract workers must hold a current permit to perform such work (s 15O), and the permit system is deliberately non-compliant with natural justice: the CEO may refuse, suspend or revoke permits without affording procedural fairness (ss 15S(2), 15U(3)).

“Absence permit” under Part VIII (s 83) is written permission from the CEO for a prisoner to be absent from prison or other facility. The objectives are rehabilitation, compassionate or humane treatment, medical/health service facilitation and furthering the interests of justice. Absence permits may only be given for prescribed purposes or in exceptional circumstances (s 83(3)). The CEO may revoke or vary a permit at any time (s 83B) and an officer who believes a condition has been breached may return the prisoner to prison forthwith (s 84). While absent under permit, the prisoner remains deemed in lawful custody (s 24).

Prison offences are divided into minor (s 69) and aggravated (s 70). Minor offences include disobedience, idleness, disorderly behaviour, swearing, insulting language, wilful damage, false complaints, insubordination, and failure to return from absence. Aggravated offences include behaving in a riotous manner, assault, escape or attempted escape, drug and alcohol offences, weapon possession, and refusing to provide a blood or body sample when required under the Act (s 70). The Act creates a standalone aggravated offence for a prisoner who fails to give information or answer a question when required by a reporting officer under s 9 (s 10(2)).

The Prisons Act 1981 directly affects several distinct groups. First, prisoners are the primary subjects of the regime. The definition in s 3(1) covers all persons in lawful custody under State or Commonwealth law, including those on remand, those awaiting trial or sentence, and those serving sentences. The Act governs every aspect of their detention: intake (warrants of commitment, s 19), classification and separation, daily regime (work, programmes, privileges, s 95), discipline (prison offences, ss 69-82), communication and visits (Part VI), absences (Part VIII), and eventual release (ss 31-33). Prisoners are also compelled to comply with orders and searches, and may be subjected to medical examinations forceably in certain circumstances (ss 41, 46, 95D, 46A). The Act creates criminal offences and internal disciplinary sanctions applicable only to prisoners.

Second, prison officers and other officers are heavily regulated. Prison officers engaged under s 13 must take an oath (s 13(2)) and face detailed duties under ss 12, 14 and Part X. They are liable to answer for escapes of prisoners in their charge (s 14(1)(b)). Their discipline is governed by Part X, which provides for removal based on loss of confidence, with appeal rights to the WAIRC (s 106). Prison officers also have statutory protection from liability for acts done in good faith with reasonable cause (s 111). The Act also governs the terms of engagement, and the Minister may remove a prison officer on the CEO’s recommendation (s 13(3)).

Third, contractors and contract workers engaged under Part IIIA are subject to a bespoke regime. Contractors must include specified matters in their contracts (s 15C) and comply with minimum standards (s 15D). Contract workers performing high-level security work require permits and are subject to vetting, including fingerprinting (s 15R), and may have their permit suspended or revoked without natural justice (s 15U). They are deemed to be superintendents, prison officers or other officers for certain purposes, but not for others (s 15K). They cannot perform certain functions listed in s 15J, including use of firearms under s 47 and disciplinary functions.

Fourth, visitors to prisons are affected by search and information provisions. The superintendent may require a person entering or near a prison to submit to a search and to state their name, address and purpose (s 49). Visitors must make declarations (s 60) and can be refused entry or removed if they are likely to interfere with good order or security (s 66). The Act also protects proof of identity (fingerprints, voiceprints) given for identity checking; misuse of such proof is an offence (s 60A). Fifth, victims of prisoners have statutory rights to receive prescribed information about the prisoner (s 113B), and the CEO may disclose information to the public for community safety (s 112). Sixth, the general public is affected by offences relating to loitering near prisons, unauthorised entry, and communicating with prisoners without permission (s 52). Police officers are given powers to assist in carrying out the Act (s 15) and to arrest persons found committing offences under s 50 or s 52.

The Act imposes a series of duties on the CEO. The CEO is responsible for the management, control and security of all prisons and the welfare and safe custody of all prisoners, subject to the Minister (s 7(1)). The CEO must notify the Minister of escapes, accidents, serious irregularities or unusual events affecting security (s 7(2)). The CEO must make rules for management, control and security (s 35) and approve minimum standards for contracts (s 15D). The CEO must review a prisoner’s confinement in a lock-up every three months (s 16(9)). The CEO may delegate powers under the Act (except s 9 and s 35) in writing to any person (s 8(1)). The CEO also has the power to set up inquiries under s 9, appointing a reporting officer to investigate any matter concerning security or good order.

Superintendents have specific duties: they are responsible for the good government, good order and security of their prison, and are liable to answer for escapes (s 36(1), (2)). They may issue standing orders with the CEO’s approval (s 37(1)). They must ensure that rules and standing orders are brought to the attention of illiterate prisoners and prisoners who do not understand English (ss 35(6), 37(4)). Superintendents may impose penalties for minor prison offences (s 77) and may delegate their powers under s 49 (search and question persons entering prison) to prison officers (s 51). They must keep a punishment book and send entries to the CEO (s 80).

Prison officers have a duty to maintain security of the prison where they serve, to obey lawful orders, and to answer for escapes of prisoners in their charge (s 14(1)). They may issue orders to prisoners and use reasonable force to ensure compliance (s 14(1)(d)). Prison officers also have the power to search prisoners under s 41, to use force in executing searches (s 41(2)), and to use firearms under s 47 subject to strict conditions (attempted escape or dangerous assault). They are protected from personal liability for injury or damage caused by a prison dog used in a drugs search if the use was in accordance with the Act and not malicious (s 49A(5), (6)).

Prisoners have limited rights under the Act. They are entitled to receive visits from friends and relations in accordance with regulations (s 59). They may receive unopened letters from certain officials (s 67(1)). They must be given the opportunity for air and exercise when in separate confinement (s 43(3), s 82). They may make written submissions to the CEO in relation to a loss of confidence notice (s 102(2)). However, many provisions curtail rights: prisoners may be searched, restrained and confined separately (ss 41, 42, 43); they may be compelled to give information to a reporting officer (s 9); they may have mail intercepted (s 67, 68); and they can be banned from receiving mail from specific persons (s 67A). The Act explicitly provides that prisoners cannot be legally represented before a superintendent or visiting justice (s 76(1)).

Visitors to prisons have the right to make a declaration under s 60, but can be required to submit to searches and to provide identifying information (s 49). A person banned from visiting a prison may make a submission to the CEO about the ban, but the rules of natural justice do not apply to the ban decision (s 66(9)).

Contract workers are entitled to apply for a permit to do high-level security work, but the CEO may refuse on broad grounds including public interest (s 15S(1)(h)). They have no entitlement to procedural fairness in permit decisions. However, once authorised, they are deemed to hold the powers of a superintendent, prison officer or other officer for the purposes of performing authorised functions (s 15K(1)).

The Act creates a layered enforcement framework. For prison offences, the system is internal. Minor prison offences (s 69) are dealt with by the superintendent or a visiting justice. The superintendent may impose a caution, reprimand, cancellation of gratuities for up to 14 days, or confinement in the prisoner’s sleeping quarters for not more than 72 hours (s 77(1)). The penalty may be suspended on good behaviour (s 77(2)). A visiting justice may impose for minor offences separate confinement in a punishment cell for up to 7 days, confinement in sleeping quarters for up to 7 days, separate confinement during specified hours at weekends, restitution, or confiscation of property (s 78(1)). For multiple offences, total separate confinement cannot exceed 21 days (s 78(2)). A prisoner undergoing separate confinement exceeding 7 days must have 48 hours out of the cell after each 7-day period (s 78(3)).

Aggravated prison offences (s 70 and s 10(2)) can be referred by the visiting justice to a court of summary jurisdiction (s 73). The court may impose cumulative imprisonment of up to 6 months for offences other than escape, and up to 12 months for escape or failure to supply information (s 79(1)). Alternatively, a fine of up to $3,000 may be imposed (s 79(1)(a)(ii)). Separate confinement for up to 28 days is also available but with the 48-hour release after each 7 days (s 79(1)(a)(iii)). If the court considers it inexpedient to impose a penalty under s 79(1), it may treat the offence as a minor prison offence (s 79(2)).

For criminal offences under the Act, penalties are set out in individual provisions. For example, introducing unauthorised articles into a prison attracts imprisonment for 18 months and a fine of $12,000 (s 50(1)). Loitering or unauthorised communication carries 12 months’ imprisonment and a fine of $6,000 (s 52(4)). Making a false declaration as a visitor carries 18 months and $9,000 (s 60(4)). A contract worker who does high-level security work without a permit is liable to imprisonment for 3 years (s 15O). Giving false or misleading information when applying for a permit also attracts 3 years’ imprisonment (s 15Q(2), (4); s 15T(3), (5)). Hinderance of an administrator or reporting officer carries a fine of $30,000 (ss 15E(5), 15F(2)). Failure by a contractor to comply with an administrator’s direction attracts a fine of $80,000; a contract worker, $8,000 (s 15ZB).

Enforcement of prison officer duties is through the loss of confidence removal process under Part X. The CEO may investigate and then give a notice of loss of confidence (s 102), after which removal action may be taken. The removed officer receives a maintenance payment for 28 days (s 103). The only appeal is to the WAIRC on the ground that the removal was harsh, oppressive or unfair (s 106). The WAIRC may order reinstatement or compensation not exceeding 12 months’ remuneration (s 110E, 110F). The Act also provides for the Minister to apply to the WAIRC for a declaration that prison officers are taking industrial action and to direct that salary not be paid (s 114). That provision overrides any inconsistency with other laws or awards (s 115).

Protection from liability is given in s 111: no action lies against any person for anything done or authorised to be done for the purpose of carrying out the Act unless it is proved that the act was done maliciously and without reasonable and probable cause.

The Prisons Act 1981 does not operate in isolation; it explicitly references and interacts with several other enactments. Section 3(2) provides that references in specific provisions to a prison officer or officer include persons authorised to exercise powers under Schedule 2 of the Court Security and Custodial Services Act 1999. The Table to s 3(2) lists ss 18, 84, 26(1) and 86(2)(a) as provisions where this cross-reference applies. This interaction means that court security officers are treated as prison officers for the purposes of conveying prisoners and returning prisoners from absence.

The Financial Management Act 2006 and the Auditor General Act 2006 apply to the Department and its operations, with the annual report required to include a report on the state and conditions of all prisons (s 11). The Public Sector Management Act 1994 governs the appointment of officers (s 6(3)), the engagement of prison officers requires a recommendation from the Public Sector Commissioner as to terms and conditions (s 13(1)), and Part 5 of that Act applies to prison officers (s 98). However, the loss of confidence removal process under Part X of the Prisons Act overrides the Public Sector Management Act disciplinary procedures (s 100(2) provides that this Subdivision applies despite the Public Sector Management Act s 76(2)). So a prison officer cannot be subjected to both regimes for the same matter; the CEO must decide to use one or the other.

The Industrial Relations Act 1979 is heavily incorporated by Part X. Appeals against removal are heard by the WAIRC, and specific provisions of the Industrial Relations Act are applied with modifications (see Table to s 110B). For example, s 31(1) of the Industrial Relations Act is modified to allow representation by a legal practitioner only with leave, and s 32 is modified to give the WAIRC power to recommend rather than determine industrial matters. The Cross‑border Justice Act 2008 requires that the Prisons Act be applied with modifications prescribed by regulation (see endnote 1M). Under the Cross‑border Justice Regulations 2009, Part 3 Division 16, certain sections (3, 33, 64, 69, 85, 86) are to be read with alterations to give effect to cross-border arrangements.

The Inspector of Custodial Services Act 2003 interacts with the Prisons Act at several points. The independent prison visitor is defined in s 3(1) of the Prisons Act by reference to s 39 of the Inspector of Custodial Services Act. That Act also replaces former provisions relating to visiting justices (the Prisons Act was amended by the Inspector of Custodial Services Act 2003 to delete ss 54‑55 and insert a new s 54 on visiting justices). Section 58 of the Prisons Act requires officers to cooperate with persons visiting prisons under ss 19(a), 21, 22(1)(a) or 40 of the Inspector of Custodial Services Act.

The Sentencing Act 1995 and the Sentence Administration Act 1995 affect provisions on removal of prisoners and early discharge. Section 26(2)(b)(ii) refers to orders under ss 653 or 693(4) of The Criminal Code and the parole order suspension or cancellation under Part 6 of the Sentence Administration Act 1995. Section 16(6) excludes prisoners ordered to be kept in strict custody until the Governor’s pleasure is known from being housed in lock-ups. The Act also references the Bail Act 1982 in s 113 (exchange of information relevant to bail decisions). The Children and Community Services Act 2004 is referenced in s 15C(l) (contracts to designate a principal officer for that Act). The Corruption, Crime and Misconduct Act 2003 and the Freedom of Information Act 1992 are similarly referenced in the contract provisions.

Health-related legislation is engaged: the Health Practitioner Regulation National Law (Western Australia) is used to define “medical practitioner” (s 3(1)) and appears in s 46 (medical examination for evidentiary purposes). The Mental Health Act 2014 is referenced in s 113 in relation to disclosure to the Chief Mental Health Advocate. The Public Health Act 2016 defines the Chief Health Officer who inspects prison health and hygiene (s 95C). The Misuse of Drugs Act 1981 is relevant to the possession of property by prison officers (s 49B(1)(b)), and the Weapons Act 1999 to the disposal of seized articles (ss 41(3), 49(5)). The Firearms Act 2024 is referenced in s 49B(1)(a) and the Firearms Amendment Act 2022 in historical amendments.

The Restraining Orders Act 1997 defines “victim” for disclosure purposes in s 113B(1)(c) and (d). The High Risk Serious Offenders Act 2020 is referenced in the definition of “victim” (s 113B(1)(ba)). The Criminal Law (Mental Impairment) Act 2023 is referenced for disclosure to the Chief Mental Health Advocate (s 113(6A)). The cross-border references are detailed in the modification tables, and the Act is also modified by the Cross‑border Justice Regulations to align with that regime.

The Prisons Act 1981 has been amended extensively since its commencement on 1 August 1982. The compilation table lists over 50 amending acts. Key structural amendments include the Prisons Amendment Act 1999 (No. 43 of 1999) which inserted the entire Part IIIA on contracts for prison services, created the permit system for contract workers, and added provisions on intervention in contracts, administrators and requisitioning of property. This amendment also introduced definitions for “contract”, “contractor”, “subcontractor” and “contract worker”, and added sections 15A to 15ZC.

The Prisons and Sentencing Legislation Amendment Act 2006 (No. 65 of 2006) was a major reform. It rewrote Part VIII on authorised absences, replacing the previous leave system with absence permits granted by the CEO under s 83, and added ss 83A, 83B, 84-88. It also inserted Part IX on prisoner wellbeing and rehabilitation (ss 95-95E), rewrote provisions on removal of prisoners (s 26), proof of imprisonment (ss 20), and updated the delegation provisions (s 8). It added new ss 23-25 on lawful custody in external facilities and during absences and legal proceedings. Section 74A was inserted to allow hearing of prison offence charges by video link. The amendment also deleted many redundant sections (ss 21, 22, 27-30, 38-40, 45, 53, 89-94). It introduced s 112 (community safety information) and s 113 (exchange of information) and related disclosure provisions (ss 113A, 113B, 113C).

The Custodial Legislation (Officers Discipline) Amendment Act 2014 (No. 29 of 2014) replaced the former Part X on discipline of prison officers with a completely new regime. It introduced the loss of confidence removal process, appeals to WAIRC, maintenance payments, and detailed provisions on procedure, new evidence, and adjournments. It also inserted Part XII for savings and transitional provisions.

The Prisons Amendment Act 2020 (No. 20 of 2020) added s 46A (mandatory taking of blood or body samples where a prison officer may have been exposed to an infectious disease) and s 46B (requiring a review by the Inspector of Custodial Services after five years). It also amended penalties in several sections (increasing fines and imprisonment terms in ss 15E, 15F, 15ZB, 49, 50, 52, 60A, 101, 110G) and inserted s 13A (repealed by other amendments) and s 70(i) (creating an aggravated offence for refusing to submit to taking a sample).

The Acts Amendment (Abolition of Capital Punishment) Act 1984 (No. 52 of 1984) amended sections relating to prisoners under sentence of death. The Acts Amendment (Corrective Services) Act 1987 (No. 47 of 1987) and other Acts from the same period updated references to public service. The Sentencing (Consequential Provisions) Act 1995 (No. 78 of 1995) deleted many sections and updated references to sentencing law. The Courts Legislation Amendment and Repeal Act 2004 (No. 59 of 2004) and Criminal Procedure and Appeals (Consequential and Other Provisions) Act 2004 (No. 84 of 2004) updated references to magistrates and courts. More recent amendments include those from the Criminal Law (Mental Impairment) Act 2023 (adding references to CLMI identified persons) and the Firearms Act 2024 (updating firearms references). The Young Offenders and Prisons Legislation Amendment Act 2024 (No. 48 of 2024) is not yet in force. The Act has been reprinted nine times, with the latest reprint as at 9 August 2019.

The Prisons Act 1981 does not itself refer to any specific litigation history, and the text of the Act does not name any decided cases. However, the Act creates several mechanisms that have generated litigation. The most significant is the appeal against removal of a prison officer under Part X. Since the insertion of this Part in 2015, the WAIRC has jurisdiction to hear appeals on the ground that the removal was harsh, oppressive or unfair. The Act does not specify any decided cases, but the detailed procedural provisions (ss 106-110G) and the application of sections from the Industrial Relations Act 1979 (see Table to s 110B) indicate that the WAIRC’s case law on that Act will inform decisions under the Prisons Act. The Act also provides for applications by the Minister under s 114 for a declaration that prison officers are engaging in industrial action, and the WAIRC’s case law under that provision will be relevant. The Act’s protection from liability under s 111 has been the subject of judicial interpretation in other contexts, but no cases are named in the text. The Act’s provisions on the use of force (ss 47, 48), restraint (s 42), and medical examination (s 46, 46A, 95D) could potentially give rise to civil claims, but the Act itself provides no litigation history.

The Act’s contract provisions under Part IIIA have not generated specific case law within the Act’s text, but the requirement that contracts include dispute resolution mechanisms (s 15C(j)) suggests that contractual disputes will be resolved through those mechanisms. The Act’s provisions on natural justice exclusion (ss 15S(2), 15U(3), 66(9)) have been the subject of litigation in other jurisdictions, but the Act does not cite any cases. The Chief executive officer’s power to ban visitors (s 66(3)) and the exclusion of natural justice for that decision could give rise to judicial review, but again the Act does not reference any litigation. The Act’s transitional provisions (Schedule 2 and Part XII) would have been litigated in the early years of the Act’s operation, particularly in relation to the transition from the Prisons Act 1903, but these historical cases are not mentioned. The Act’s incorporation of the Cross‑border Justice Act modifications would generate litigation in the context of cross-border prisoner transfers, but no cases are named.

In summary, while the Act does not name any litigation, its provisions on disciplinary removal, industrial action, use of force, protection from liability, and natural justice exclusion create fertile ground for judicial and quasi-judicial proceedings, primarily in the WAIRC and the Supreme Court.

Practitioners need to be aware of several traps in the Prisons Act 1981. First, the exclusion of the rules of natural justice for permit decisions under Part IIIA and for visitor bans under s 66(9) is explicit and broad. The CEO may refuse to issue or may suspend or revoke a permit without any duty of procedural fairness, even where the permit-holder is a contract worker whose livelihood depends on it (ss 15S(2), 15U(3)). This is a significant departure from ordinary administrative law. The permit can be revoked if the CEO thinks it ought not to have been issued, which creates a low threshold. There is no statutory right of review or appeal against permit decisions.

Second, the definition of “prison officer” in Part X (s 96) is narrow: it only covers persons engaged under s 13(1). This means that officers appointed under s 6(3) (including superintendents and other officers) are still covered by the Part X removal regime (see definition of “prison officer” in s 99 includes a superintendent or other officer appointed under s 6(3)), but the appeal provisions in Subdivision 3 apply to any prison officer as defined in s 99. However, the management of industrial action under s 114 applies to “prison officer” as defined in s 114(12), which cross-references Part X but with a different application. The careful reader must track which definition applies to each provision.

Third, the Act’s directory provisions can create traps. Section 16(3) states that the requirement to confine a prisoner only in a prison is directory only, and a breach does not affect the lawfulness of custody. This means that holding a prisoner outside a prison does not automatically render the detention unlawful, even if the Act has not been complied with. Similarly, s 47(4) states that the requirement to give a warning before using a firearm is directory only. These provisions insulate the State from civil liability or habeas corpus challenges based on technical non-compliance.

Fourth, the onus of proof is reversed in several criminal provisions. In proceedings under s 52(1) (unauthorised entry or communication), if the person has done an act that would contravene the section unless done with permission, the onus is on the person charged to prove that they had permission (s 52(2)). The same reversed onus applies to removing articles from prison under s 50(2) (s 50(7)). This is a significant departure from the usual criminal burden.

Fifth, prison officers should note that they can be required to give information or answer questions under s 9 (inquiry by reporting officer) and are not excused on the ground of self-incrimination (s 9(4)). However, the information given under requirement is not admissible in evidence against them except in proceedings for failing to give information or giving false information (s 10). If they give information voluntarily (without being required), it may be admissible (s 9(5)(b)). The reporting officer must clearly distinguish a requirement from a request (s 9(6)). Failure to comply with the advice requirement under s 9(5) is a defence to proceedings under s 10 (s 10(3)).

Sixth, the provisions on mandatory blood or body sample taking under s 46A and the aggravated offence for refusing to submit under s 70(i) operate without any requirement for a warrant or court order. The CEO’s suspicion on reasonable grounds of a transfer of bodily fluid from prisoner to prison officer is sufficient to authorise use of force to take a sample. The regulations may regulate disclosure of results, but the Act itself gives the prisoner no right to refuse.

Seventh, the interaction between Part IX (prisoner wellbeing) and Part VII (prison offences) can be tricky. A prisoner who fails to return from an absence permit commits a minor prison offence (s 69(j)), but if the same conduct amounts to escape, it becomes an aggravated offence (s 70(c)). The CEO’s power to revoke an absence permit at any time (s 83B) allows the permit to be cancelled even without breach, potentially leaving the prisoner in a situation where they are technically absent without permit and liable to be returned to prison by an officer under s 84. The officer’s opinion that a breach has occurred or is likely need only be a subjective opinion.

Eighth, visitors should be aware that they can be searched and examined without any suspicion of wrongdoing, merely because the superintendent considers it necessary for security or good order (s 49(1)). Refusal to permit a search can lead to refused entry or removal, and force may be used (s 49(3), (8)). Visitors must provide true names and addresses; providing false information is an offence (s 49(6)). The provisions on proof of identity under s 60A protect biometric data given for identity checking but make it an offence to give that data to anyone else except a prison officer for checking identity or under court order.

Ninth, the Act’s limitation periods and procedural requirements in Part X are strict. The appeal against removal must be instituted within the maintenance period (28 days) (s 106(3)). The prison officer must state reasons for the appeal and the nature of relief sought (s 106(2)). The CEO’s failure to follow procedure is not invalid unless the failure is substantive (s 110I). The chief executive officer can take removal action even if the officer has been charged with, or convicted or acquitted of, an offence relating to the same matter (s 110H). This prevents double jeopardy arguments serving as a shield against removal.

For prisons and the CEO, compliance requires a structured approach. The CEO must ensure that all prisons are properly declared under ss 4 and 5 and that superintendents are designated for each prison (s 36(1)). Rules must be made under s 35 with the Minister’s approval, and brought to the attention of illiterate and non-English-speaking prisoners. Minimum standards for contract prisons must be established under s 15D and laid before Parliament within 10 sitting days. Contracts must include all matters listed in s 15C, including objectives, performance standards, indemnity, and dispute resolution mechanisms. The CEO must prepare annual reports on each contractor and table them by 30 September (s 15G). Reports on the state and conditions of all prisons must be included in the Department’s annual report under s 11.

The CEO must also operate the permit system for contract workers performing high-level security work. This involves establishing application procedures, obtaining information about convictions (including from police under s 15Q), and taking fingerprints and palmprints where required (s 15R). Permits must be issued, suspended or revoked in writing, and notice published in the Gazette within 14 days (s 15V). The CEO may appoint administrators to intervene in or take over contracts under ss 15Y and 15Z. Any requisition of property must occur within 2 months and be used for no longer than 12 months (s 15ZC). The CEO must also maintain a framework for information exchange under ss 112, 113, 113A, 113B, and establish procedures for disclosure (s 113(8)).

For superintendents, compliance duties include ensuring good government and security of the prison (s 36(1)). They must issue standing orders approved by the CEO (s 37) and bring them to the attention of prisoners. They must maintain a punishment book and send entries to the CEO (s 80). They must conduct searches of persons entering the prison where necessary (s 49) and may delegate these powers to prison officers (s 51). They must inform the CEO of any visitor ban under s 66(2) and ensure that declarations from visitors are obtained and retained (s 60). They must also ensure that mail from prisoners to certain officials is dispatched unopened (s 67(1)) and that mail addressed to prisoners is delivered promptly, subject to opening and inspection powers (s 68).

For prison officers, compliance requires obeying the Act, regulations, rules and standing orders, as well as orders and directions of the CEO and superintendent (s 12(a), s 14(1)(c)). They are liable for escape of prisoners in their charge (s 14(1)(b)). They must use force only as reasonably necessary and in accordance with lawful orders (s 14(1)(d)). Before using a firearm, they must attempt to give a warning if practicable (s 47(3)). They must comply with any requirement to give information to a reporting officer under s 9, and they cannot refuse on self-incrimination grounds (s 9(4)). If they fail to comply, they commit an offence (s 10(1)). Prison officers must also cooperate with independent prison visitors and judges (s 58). They must not suffer unauthorised articles to be brought into or removed from the prison (s 50(4)). A prison officer who uses a prison dog for drugs searches must do so in accordance with regulations (s 49A(2)). Officers who come into possession of firearms or drugs under ss 41, 49 or 49A must deliver them to police or be authorised under s 47 (s 49B).

For contractors and contract workers, compliance begins with obtaining a permit before performing high-level security work (s 15O). The contractor must ensure that contract workers provide all information required by the CEO (s 15Q). If the CEO requires fingerprints or palmprints, the contract worker must attend (s 15R). The contractor must comply with the minimum standards established under s 15D and include all prescribed matters in the contract (s 15C). The contractor must notify the CEO of any change in control, management or ownership of the contractor or a subcontractor (s 15C(f)). The contractor must comply with any directions of an administrator during intervention (s 15ZB). The contract worker must comply with the administrator’s directions as to performance of functions (s 15ZB(2)). The contract worker must not give false or misleading information in relation to permit applications or ongoing suitability (s 15T(3), (5)).

For visitors seeking to enter a prison, compliance involves submitting to a search if required (s 49(2)) and stating true name, address and purpose in writing (s 49(6)). False information is an offence. Visitors must make a declaration on the prescribed form on their first visit and may be required to make further declarations (s 60). They must not use proof of identity (fingerprints etc) except as authorised under s 60A. They must not loiter near a prison or attempt to communicate with a prisoner without permission (s 52). If banned from visiting under s 66, they must comply with the ban, although they may make a submission to the CEO.

For victims, compliance is largely passive: the CEO may disclose information of a prescribed kind to them (s 113B(2)). Victims or their agents may give written notification to the CEO that they do not wish to receive mail from a named prisoner, which the CEO must consider (s 67A). The CEO must be satisfied that the reasons are appropriate before acting on the notification.