20/Aug/2004 - Current (at 31 Dec 2005)
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    9. Chief executive officer may set up inquiry

    (1) The chief executive officer may, and upon the request of the Minister shall, appoint by instrument in writing signed by him any superintendent or other suitably qualified person (in this section referred to as a reporting officer) to inquire into and report to him upon any matter, incident or occurrence concerning the security or good order of a prison, or concerning a prisoner or prisoners.

    (2) For the purposes of carrying out an inquiry under this section, a reporting officer may require any officer or prisoner

    (a) to give him such information as he requires;

    (b) to answer any question put to him,

    in relation to any matter, incident or occurrence that is the subject of the inquiry.

    (3) A requirement made under subsection (2)

    (a) may be made orally or by notice in writing served on the person required to give information or answer a question as the case may be;

    (b) may, by its terms, require that the information or answer required

    (i) be given orally or in writing;

    (ii) be given on oath, affirmation, or by statutory declaration, for which purpose the reporting officer may administer an oath or affirmation and has the authority of a commissioner for declarations.

    (4) Where a person is required under this Act to give any information or answer any question, he shall not refuse to comply with that requirement on the ground that the information or answer may tend to incriminate him or render him liable to any penalty, but the information or answer given by him shall not be admissible in evidence in any proceedings against him (including proceedings under Part X) other than proceedings under section 10(1) or 10(2).

    (5) Before a reporting officer requests a person to give information or asks a person a question for the purposes of an inquiry the reporting officer must advise the person

    (a) that the person does not have to give the information or answer the question unless the reporting officer requires the person to do so;

    (b) that if the person gives the information or answers the question on the request of the reporting officer but without having been required by the reporting officer to do so, the information or answer may be admissible in evidence against the person in any proceedings;

    (c) of the effect of giving the information or answering the question in response to a requirement of the reporting officer to do so, as mentioned in subsection (4); and

    (d) of the offences and the penalty as mentioned in section 10(1) or (2), as the case requires.

    (6) A requirement of a reporting officer to give information or answer a question for the purposes of an inquiry must be clearly distinguishable from a request to give the information or answer the question.

    [Section 9 amended by No. 47 of 1987 s. 11; No. 113 of 1987 s. 32; No. 43 of 1999 s. 8; No. 74 of 2003 s. 94(2) and (3).]



Note: This is not an authorised version. The only authorised version is the hardcopy (printed) version published under authority of the Government Printer, available from the State Law Publisher, 10 William St Perth W.A. 6000.