Bills

Correctional Services (Accountability and Other Measures) Amendment Bill

Final Stages

The Legislative Council agreed to the bill with the amendments indicated by the following schedule, to which amendments the Legislative Council desires the concurrence of the House of Assembly:

No. 1. Clause 5, page 5, lines 11 to 14 [clause 5, inserted section 3(2)(g)(ii)]—Delete:

in relation to regional transfers where the person will be 200km or further from the correctional institution they are being transferred from

No. 2. Clause 9, page 7, after line 33—Insert:

19A—Preliminary

For the purposes of this Division, a reference to a correctional institution includes a reference to—

(a) a vehicle (including a police vehicle)—

(i) on the grounds of a correctional institution; or

(ii) used to transport prisoners to or from correctional institutions; and

(b) a cell at a court.

No. 3. Clause 9, page 8, line 9 [clause 9, inserted section 20(4)]—Delete '3 years' and substitute:

5 years

No. 4. Clause 9, page 9, line 1 [clause 9, inserted section 20A(2)(b)]—After 'direction' insert:

in relation to the exercise of powers or functions under this Division by an official visitor, including

No. 5. Clause 9, page 9, line 8 [clause 9, inserted section 20B]—Delete 'CE' and substitute:

Remuneration Tribunal

No. 6. Clause 9, page 9, after line 8 [clause 9, inserted section 20B]—Insert:

(2) Jurisdiction is, by force of this section, conferred on the Remuneration Tribunal to make a determination or perform any other functions required by this section.

No. 7. Clause 9, page 9, line 10 [clause 9, inserted section 20C]—Delete 'The Minister must provide official visitors' and substitute:

Official visitors must be provided

No. 8. Clause 9, page 9, line 16 [clause 9, inserted section 20D(1)(a)]—Delete 'and investigate'

No. 9. Clause 9, page 9, after line 37 [clause 9, inserted section 20D]—After subsection (1) insert:

(1a) An official visitor has power to do all things necessary or convenient to be done for or in connection with the performance of the official visitor's functions and may have free and unfettered access to a correctional institution in respect of which the visitor is appointed, prisoners in the correctional institution and vehicles used to transport those prisoners (including prisoners in, and persons whose work is concerned with, such vehicles).

(1b) It is not necessary for any person to be given notice of an official visitor's intention to perform any of their functions.

(1c) In connection with subsection (1)(a), an official visitor may refer a complaint concerning a particular individual to the Ombudsman or any other government agency having a function to deal with the matter but it is not a function of the official visitor to deal with the matter other than—

(a) to inform the complainant of the role of the official visitor; and

(b) to deal with the matter in the context of an inspection of a correctional institution.

No. 10. Clause 9, page 10, after line 12 [clause 9, inserted section 20D]—Insert:

(2a) Despite any other provision of this Division, an official visitor may conduct a visit to or inspection of any correctional institution (whether or not the official visitor is appointed in respect of the institution) if the official visitor considers it necessary to do so to investigate systemic issues relating to prisoners or the provision of correctional services.

No. 11. Clause 9, page 10, lines 17 to 20 [clause 9, inserted section 20E(1)]—Delete subsection (1) and substitute:

(1) An official visitor may have free and unfettered access to information relevant to the exercise of the official visitor's functions in the possession of a government or non-government organisation that is involved in the provision of services relating to correctional institutions under this or any other Act.

No. 12. Clause 9, page 11, lines 1 and 2 [clause 9, inserted section 20E(6)]—Delete 'a request cannot be made to an organisation under this section if compliance with the request' and substitute:

information or a document is not required to be provided or produced under this section if to do so

No. 13. Clause 9, page 11, line 21 [clause 9, inserted section 20G(3)]—Delete 'subsection (2)' and substitute:

this section

No. 14. Clause 9, page 11, after line 22 [clause 9, inserted section 20G]—After subsection (3) insert:

(4) If a report laid before Parliament under this section includes recommendations on any matter relating to the management of a correctional institution or for the purposes of improving the quality of care, treatment or control of prisoners, the Minister must, within 8 sitting days of the expiration of 6 months after the report was laid before Parliament, cause a report to be laid before each House of Parliament giving details of any action taken or proposed to be taken in consequence of those recommendations.

No. 15. Clause 9, page 11, after line 26 [clause 9, after inserted section 20H]—Insert:

20I—Offences

(1) A person must not hinder, resist or threaten an official visitor in the exercise of powers or functions under this Division.

Maximum penalty: $10,000.

(2) A person must not make a statement that the person knows to be false or misleading in a material particular to an official visitor in the provision of information under this Division.

Maximum penalty: $10,000.

(3) A person must not deliberately mislead or attempt to mislead an official visitor in relation to the exercise of powers or functions under this Division by the official visitor.

Maximum penalty: $10,000.

(4) A person must not—

(a) prejudice, or threaten to prejudice, the safety or career of; or

(b) intimidate or harass, or threaten to intimidate or harass; or

(c) do any act that is, or is likely to be, to the detriment of,

either of the following:

(d) another person because the other person has provided, is providing or will or may in the future provide information to an official visitor in the exercise of powers or functions under this Division;

(e) an official visitor in relation to the exercise of powers or functions under this Division by the official visitor.

No. 16. Clause 9, page 11, after line 26 [clause 9, after inserted section 20H]—Insert:

20I—Conflict of interest

(1) An official visitor must inform the Minister in writing of any direct or indirect interest that the official visitor has or acquires that conflicts or may conflict with the official visitor's functions under this Division (including, for example, if the official visitor has been an officer or employee of the Department or another public sector agency, or a member of a Minister's staff).

(2) An official visitor must take steps to resolve a conflict or possible conflict between a direct or indirect interest and the official visitor's functions in relation to a particular matter and, unless the conflict is resolved to the Minister's satisfaction, the official visitor is disqualified from acting in relation to the matter.