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COURT SECURITY AND CUSTODIAL SERVICES ACT 1999
TABLE OF PROVISIONS
Long Title
PART 1 -- Preliminary
1. Short title
2. Commencement
3. Terms used
4. Terms used: hospital, person apprehended under Mental Health Act
5. Term used: security, good order or management
6. Application of Act to lock-ups that are not prescribed lock-ups
7. Crown bound
PART 2 -- Administration of court security and custodial services
Division 1 -- CEO’s responsibilities
Subdivision 1 -- Court security services
8. Court security services
Subdivision 2 -- Custodial services
9. Management etc. of court custody centres
10. Security etc. of persons in custody at court premises
11. Management etc. of personal property at court custody centres
12. Management etc. of lock-ups
13. Security etc. of persons in lock-ups
14. Management etc. of personal property at lock-ups
15. Security etc. of persons in custody at certain other custodial places
16. Moving persons in custody and intoxicated detainees between custodial places
17. Management etc. of personal property of certain persons in custody
Division 2 -- Framework for administering court security and custodial services
18. CEO may enter into contracts with private sector
19. CEO may make arrangements with Commissioner of Police and Public Sector
20. CEO may delegate
21. CEO has Schedule powers
22. Powers of contract workers
23. Powers of police officers
24. Powers of certain court officers
25. CEO may authorise justice officers to exercise powers
26. Authorised persons may use reasonable force
27. Responsibility of certain authorised persons for escapes etc.
Division 3 -- Other matters relating to administration of court security and custodial services
28. Minister may give directions to CEO
29. CEO to inform Minister of certain events
30. Separation of certain kinds of persons in custody and intoxicated detainees
31. Young persons to be dealt with under Young Offenders Act 1994
32. CEO may make rules
33. CEO may ban certain persons from visiting lock-ups or court custody centres
34. Judicial officers’ right of entry to lock-ups and court custody centres
Division 4 -- Court security and court custodial services
35. Court powers not affected by this Act
36. CEO to consult relevant chief judicial officer on certain matters
37. Sheriff’s role
PART 3 -- Contracts for court security and custodial services
Division 1 -- Matters relating to contracts generally
38. Minimum matters to be included in contracts
39. Minimum standards
40. Contract workers subject to judicial direction
41. Public Sector Management Act 1994 not applicable
42. Minister, CEO etc. may have access to certain places, persons, vehicles and documents
43. Administrators and investigators may have access to certain places, persons, vehicles and documents
44. CEO may set up inquiry
45. Annual reports
46. No contracting out
Division 2 -- Vetting and control of contract workers in relation to high-level security work
47. Term used: offence for which contract worker is convicted
48. High-level security work
49. CEO may declare other kinds of work to be high-level security work
50. Contract workers require permits to do high-level security work
51. Issue of permits
52. Information about applicants for permits
53. Taking of fingerprints and palmprints
54. Grounds for refusing permits
55. Determining suitability of contract workers to keep holding permits
56. Suspension or revocation of permits
57. Gazettal of permit details
58. CEO may give directions to contract workers about high-level security work
Division 3 -- Intervention in, and termination of, contracts
59. CEO may intervene in contracts
60. CEO may terminate or suspend contracts
61. CEO may appoint administrator after intervening in contract
62. CEO may appoint administrator after terminating or suspending contract
63. Administrator’s functions
64. Contractor etc. to comply with administrator’s directions
65. Requisitioning property on intervention in, or termination of, contract
PART 4 -- How authorised persons take charge of, and move, persons in the custody of law enforcement officers
Division 1 -- General
66. Term used: request
67. Authorised persons to comply with requests, subject to contract
68. Presumption that persons are in legal custody
69. Custodial status not affected by requests
Division 2 -- Law enforcement officers may request authorised persons to take charge of, and move, persons in custody
70. Terms used
71. Law enforcement officers may request authorised persons to take charge of persons in custody at certain custodial places
72. Law enforcement officers may request authorised persons to move persons in custody between custodial places
73. Law enforcement officers’ powers not affected
74. Form of requests
Division 3 -- Police officers may request authorised persons to take charge of persons apprehended under the Mental Health Act
75. Term used: authorised person
76. Police officers may request authorised persons to take charge of persons apprehended under Mental Health Act who are at lock-ups
77. Police officers’ powers not affected
78. Form of requests
Division 4 -- Police officers may request authorised persons to take charge of, and move, intoxicated detainees
79. Term used: authorised person
80. Police officers may request authorised persons to take charge of intoxicated detainees at lock-ups
81. Police officers may request authorised persons to move intoxicated detainees between certain custodial places
82. Police officers’ powers not affected
83. Form of requests
PART 6 -- Offences
90. Possession of firearms or weapons at certain custodial places or in vehicles
91. Certain articles not to be brought into certain custodial places and vehicles
92. Hindering or resisting authorised persons
PART 7 -- Miscellaneous
93. Courts may order or direct authorised persons to take charge of, and move, persons in custody
94. Protection from liability
95. Authorised persons may possess firearms, prohibited drugs etc. lawfully
96. Exchange of information
97. Confidentiality
98. Assistance by police officers
99. Evidentiary matters
100. Regulations
SCHEDULE 1 -- Powers in relation to court security services
SCHEDULE 2 -- Powers in relation to custodial services
SCHEDULE 3 -- Powers in relation to apprehension
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