13. Engagement of prison officers
(1) The Minister may engage prison officers as employees and, subject to any industrial award or agreement that is applicable in relation to a particular case or class of cases, persons so engaged shall be employed on such terms and conditions as the Minister, on the recommendation of the Minister for Public Sector Management 2, determines.
(2) No person shall be engaged under subsection (1) to be a prison officer until he shall have subscribed in the presence of and attested by a justice or an officer not below the rank of superintendent, the following oath of engagement ¾
I, A.B. engage and promise that ¾
(a) I will well and truly serve the Queen of Australia as a prison officer of Western Australia;
(b) I will do my utmost in the performance of my duty as a prison officer to maintain the security of every prison in which I serve and the security of the prisoners and the officers employed at the prison;
(c) I will uphold the Prisons Act 1981, as amended from time to time, and the regulations, rules and standing orders made under that Act from time to time;
(d) I will deal with prisoners fairly and impartially; and
(e) I will obey the lawful orders of an officer under whose control or supervision I am placed.
(3) Where a prison officer to whom Part X applies is convicted of an offence other than under this Act but which relates to the performance of his duties or his fitness to hold office as a prison officer, the chief executive officer may, with the consent of the Minister, dismiss that prison officer.
(4) The Minister may, by instrument in writing signed by him, delegate to the chief executive officer his powers under this section, other than the power of consenting to a dismissal under subsection (3).
(5) The exercise of a delegated power by the chief executive officer under this section shall be deemed to be the exercise of the power by the Minister.
(6) A delegation under subsection (4) may ¾
(a) be made subject to such conditions, qualifications, and exceptions as are set out in the instrument of delegation;
(b) be revoked or varied by instrument in writing signed by the Minister.
[Section 13 amended by No. 47 of 1987 s. 8 and 11; No. 113 of 1987 s. 32; No. 47 of 1991 s. 7.]