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Parliamentary Questions


Question On Notice No. 2973 asked in the Legislative Council on 9 June 2020 by Hon Alison Xamon

Question Directed to the: Minister for Environment representing the Minister for Corrective Services
Parliament: 40 Session: 1
Tabled Paper No: 4076- View tabled paper


Question

I refer to the use of separate confinement in Western Australian prisons, and I ask:

(a) for each prison and Banksia Hill Detention Centre separately, on how many occasions were prisoners subject to a separate confinement order in:
(i) 2018-19; and
(ii) 2019-20 to date;
(b) how many of the orders in (a)(i) and (ii) were made by a:
(i) prison superintendent;
(ii) visiting justice; and
(iii) other (please advise who); and
(c) for what length of time were prisoners subject to separate confinement under the orders in (a)(i) and (ii)?
Answered on 11 August 2020

(a)(i) In 2018-19:

Punishment by confinement (s82 Prisons Act 1981) was utilised a total of 1421 times across the adult custodial estate as referred to in Table 1 [Please see tabled paper no. ].

Separate confinement (s43 Prisons Act 1981) for the purposes of maintaining good government, good order or security in a prison was utilised a total of 63 times. This being Hakea Prison (x23), Casuarina Prison (x37) and Bandyup Women’s Prison (x3).

Separate confinement (s173 (2)(e) Young Offenders Act 1994) was utilised a total of 19 times at Banksia Hill Detention Centre.

(a)(ii) In 2019-20:

Punishment by confinement (s82 Prisons Act 1981) was utilised a total of 1978 times across the adult custodial estate as referred to in Table 2 [Please see tabled paper no. ].

Separate confinement (s43 Prisons Act 1981) for the purposes of maintaining good government, good order or security in a prison was utilised 11 times at Hakea Prison (x1) and Casuarina Prison (x10).

Separate confinement (s173 (2)(e) Young Offenders Act 1994) was not utilised at Banksia Hill Detention Centre.

(b)(i) In 2018-19:

Punishment by confinement (s82 Prisons Act 1981) was utilised by a Prison Superintendent on 31 occasions as referred to in Table 3 [Please see tabled paper no. ].

Separate confinement (s173 (2)(e) Young Offenders Act 1994) was utilised by the Banksia Hill Detention Centre Superintendent on 9 occasions.

In 2019-20:

Punishment by confinement (s82 Prisons Act 1981) was utilised by a Prison Superintendent on 33 occasions as referred to in Table 4 [Please see tabled paper no. ].

(b)(ii) In 2018-19:

Punishment by confinement (s82 Prisons Act 1981) was utilised by a Visiting Justice on 1383 occasions as referred to in Table 5 [Please see tabled paper no. ].

Separate confinement (s173 (2)(e) Young Offenders Act 1994) was utilised by a Visiting Justice on 10 occasions.

In 2019-20:

Punishment by confinement (s82 Prisons Act 1981) was utilised by a Visiting Justice on 1943 occasions as referred to in Table 6 [Please see tabled paper no. ].

(b)(iii) In 2018-19:

Separate confinement (s43 Prisons Act 1981) was authorised by the Assistant Commissioner Custodial Operations on 63 occasions.

Punishment by confinement (s82 Prisons Act 1981) was utilised by a Magistrate on 7 occasions as referred to in Table 7 [Please see tabled paper no. ].

In 2019-20:

Separate confinement (s43 Prisons Act 1981) was authorised by the Assistant Commissioner Custodial Operations on 11 occasions.

Punishment by confinement (s82 Prisons Act 1981) was utilised by a Magistrate on 2 occasions as referred to in Table 8 [Please see tabled paper no. ].

(c) s43 Separate Confinement orders are for a maximum of 30 days.

s82 Punishment by Confinement orders can be provided for periods up to seven days.

s173 (2)(e) For a period not exceeding 24 hours if the order is made by the Superintendent; or for a period not exceeding 48 hours if the order is made by a visiting justice.