1Short title
This Act may be cited as the Inspector of Custodial Services Act 2003 1.
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Bill homepageThis Act may be cited as the Inspector of Custodial Services Act 2003 1.
This Act comes into operation on the day on which it receives the Royal Assent 1.
In this Act, unless the contrary intention appears —
CEO has the meaning giving to that term in the Court Security and Custodial Services Act 1999 section 3;
chief judicial officer of a court has the meaning given to that term in the Court Security and Custodial Services Act 1999 section 3;
court custodial services has the meaning given to that term in the Court Security and Custodial Services Act 1999 section 3;
court custody centre has the meaning given to that term in the Court Security and Custodial Services Act 1999 section 3;
court premises has the meaning given to that term in the Court Security and Custodial Services Act 1999 section 3;
custodial service, in relation to a detention centre, means —
the management, control or security of the centre; or
the security, control, safety, care or welfare of detainees at the centre,
and includes an administrative arrangement in relation to a matter mentioned in paragraph (a) or (b);
custodial service, in relation to a prison, means —
the management, control or security of the prison; or
the security, control, safety, care or welfare of prisoners committed to the prison,
and includes an administrative arrangement in relation to a matter mentioned in paragraph (a) or (b);
custodial service (CSCS Act) has the meaning given to “custodial service” in the Court Security and Custodial Services Act 1999 section 3 and includes an administrative arrangement in relation to such a matter;
detainee means a person who is detained in a detention centre;
detention centre has the same meaning as it has in the Young Offenders Act 1994 section 3 and includes any other place where a detainee is detained under that Act that is managed or otherwise controlled by the chief executive officer as defined in that section;
independent detention centre visitor means a person appointed under section 41 to be an independent detention centre visitor;
independent prison visitor means a person appointed under section 39 to be an independent prison visitor;
inspection report means a report under section 20;
Inspector means the holder of the office of Inspector of Custodial Services continued by section 5;
lock‑up has the meaning given to that term in the Court Security and Custodial Services Act 1999 section 3;
Note for this definition:
lock‑up in this Act does not include a lock‑up that is managed or controlled by the Commissioner of Police.
person in custody means —
a person in custody as defined in the Court Security and Custodial Services Act 1999 section 3 for whom the CEO is responsible under that Act; or
an intoxicated detainee as defined in the Court Security and Custodial Services Act 1999 section 3 for whom the CEO is responsible under that Act;
prison has the meaning given to that term in the Prisons Act 1981 section 3(1) and includes any other place where a prisoner is confined or kept under that Act that is managed or otherwise controlled by the chief executive officer as defined in that section;
prisoner has the meaning given to that term in the Prisons Act 1981 section 3(1);
public service officer has the meaning given to that term in the Public Sector Management Act 1994 section 3(1);
staff, in relation to the Inspector, means a person referred to in section 16(1), (2) or (3).
Notes in this Act are provided to assist understanding and do not form part of the Act.
The office of Inspector of Custodial Services created by the Prisons Act 1981 section 109A is continued.
The Governor is to appoint an appropriately qualified person to the office of Inspector.
The Public Sector Management Act 1994 does not apply to, or in relation to, the appointment of the Inspector and the Inspector is not subject to that Act.
Subject to this Act, the Inspector holds office for such term of not more than 7 years as is specified in the appointment and is eligible for reappointment for one or more terms each of not more than 7 years.
A person who is or has been within the preceding 3 years a member of the Parliament of the Commonwealth or any State or Territory cannot be appointed as Inspector.
The Inspector —
is to be paid salary and allowances at the yearly rates that are determined by the Salaries and Allowances Tribunal established by the Salaries and Allowances Act 1975; and
has the leave and other entitlements that are determined by the Governor and which cannot be reduced during a term of appointment.
The salary and allowances payable to the Inspector are to be charged to the Consolidated Account and this subsection appropriates the Consolidated Account accordingly.
[Section 7 amended: No. 77 of 2006 s. 4.]
Before performing the functions of his or her office the Inspector is to take an oath or affirmation that he or she will faithfully and impartially perform the duties of the office, and that he or she will not, except in accordance with this Act, divulge any information received by him or her under this Act or any other law.
The oath or affirmation is to be administered by the Governor.
The Governor may remove the Inspector from office —
for —
misbehaviour or incompetence; or
physical or mental incapacity, other than temporary illness, impairing the performance of the Inspector’s functions;
or
if the Inspector is, according to the Interpretation Act 1984 section 13D, a bankrupt or a person whose affairs are under insolvency laws.
In subsection (1)(a)(i) —
misbehaviour includes conduct that renders the Inspector unfit to hold office as Inspector even though the conduct does not relate to any function of the office.
[Section 9 amended: No. 18 of 2009 s. 46.]
If a public service officer is appointed to the office of Inspector he or she is entitled to retain all existing and accruing rights, including those as to superannuation, as if his or her service in that office were a continuation of his or her service as a public service officer.
If a person ceases to hold the office of Inspector and becomes a public service officer, his or her service in that office is to be regarded as service in the Public Service for the purposes of determining his or her rights, including those as to superannuation, as a public service officer.
If —
immediately before his or her appointment the Inspector occupied an office under the Public Sector Management Act 1994 Part 3; and
his or her term of office as Inspector expires by effluxion of time and he or she is not reappointed,
that person is entitled to be appointed to an office under the Public Sector Management Act 1994 Part 3 that is not lower in status than the office which he or she occupied immediately before the appointment to the office of Inspector.
The Governor may appoint a person to act in the office of the Inspector —
during a vacancy in the office; or
during any period or during all periods when the person holding or appointed to act in that office is absent from duty or is for any other reason unable to perform the functions of the office.
If the Governor has not appointed a person under section 11 the Inspector may appoint a person to act in the office of the Inspector in the circumstances referred to in section 11(b) —
for not more than 4 weeks at a time; and
for not more than 6 weeks in a 12 month period.
If the Inspector appoints a person under subsection (1) and the Governor later appoints a person under section 11 whose term of appointment is to begin before the term of the Inspector’s appointee has ended, the term of appointment of the Inspector’s appointee has no effect on and from the day when the term of the Governor’s appointee begins.
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