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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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