❓ A WA parliamentary question reveals allegations of sexual relationships between prison officers and inmates at Kalgoorlie Boulder Regional Prison, leading to investigations and resignations. The Minister addresses the legality and disciplinary processes involved.
AnsweredQoN 1489Legislative Assembly
QuestionView source ↗
(1) Can the Minister advise if any prison officers were alleged to have been engaging in a sexual relationship with inmates at the Kalgoorlie Boulder Regional Prison over the last 12 months?
(2) If yes, please advise if an investigation was carried out, and if so, what were the results of that investigation?
(3) Have any Prison Officers been dismissed as a result of these allegations?
(4) If yes, when and how many?
(5) Have any Prison Officers resigned as a result of these allegations?
(6) If yes, when and how many?
(7) If Prison Officers did resign as a result of these allegations, why were they not sacked?
(8) Is it illegal for a Prison Officer to have sex with an inmate, and if so, which section of which act of Parliament prohibits this kind of behaviour?
(9) What actions, if any, have been taken by the prison to determine if any other Prison Officers are having a sexual relationship with inmates?
(2) If yes, please advise if an investigation was carried out, and if so, what were the results of that investigation?
(3) Have any Prison Officers been dismissed as a result of these allegations?
(4) If yes, when and how many?
(5) Have any Prison Officers resigned as a result of these allegations?
(6) If yes, when and how many?
(7) If Prison Officers did resign as a result of these allegations, why were they not sacked?
(8) Is it illegal for a Prison Officer to have sex with an inmate, and if so, which section of which act of Parliament prohibits this kind of behaviour?
(9) What actions, if any, have been taken by the prison to determine if any other Prison Officers are having a sexual relationship with inmates?
AnswerView source ↗
Answered
18 October 2006
Responded by
Minister for Corrective Services
Response time
34 days
(1) Yes, there have been two allegations of improper conduct during that period. (2) Investigations were undertaken by the Department's Internal Investigations Unit. In relation to the first allegation, the prisoner was interviewed by the investigator and admitted that she engaged in consensual sex with the prison officer. The prison officer was advised in writing, in accordance with policy, of the allegation and he responded verbally that he did not wish to provide a response to the allegation or to be interviewed. The officer was then charged with a disciplinary offence arising from the allegation and he subsequently resigned. The second allegation involved the improper use of a mobile telephone. (3) No. (4) Not applicable. (5) Yes. (6) The officer involved in the first allegation resigned from the position of prison officer on 5 th September 2006. The officer involved in the other allegation resigned on 13 th July 2006. (7) The Commissioner for Corrective Services does not have powers of summary dismissal. Due disciplinary processes must be followed in accordance with the principles of natural justice and procedural fairness. The Department provided written notice of the allegation's of inappropriate conduct to the Corruption and Crime Commission in accordance with Section 28 of the Corruption and Crime Commission Act 2003. I have also referred the allegation to the Commissioner, Corruption and Crime Commission for his consideration in relation to Section 4 of the Corruption and Crime Commission Act 2003. (8) Subject to receiving advice from the Commissioner, Corruption and Crime Commission in relation to "official misconduct", it is arguable that consensual sex between a prisoner and a prison officer is not illegal. However Section 12 of the Prisons Act 1981 states that "every officer shall observe all rules and standing orders made under the Act" and Director General Rule 4 prohibits any prison officer from commencing or maintaining a relationship or association with a prisoner, or ex-prisoner, except in connection with the discharge of the officer's duties or with the prior written approval of the Designated Superintendent. I have asked the Department of Corrective Services to work with Parliamentary Counsel to draft provisions that would make it a criminal offence for prison officers to engage in a sexual relationship with prisoners and to ensure that process cannot be avoided by means of resignation irrespective of issues of consent. (9) The Security Manager at the prison has undertaken enquiries within the prison and these enquiries indicate there is no evidence to suggest any current staff members are engaged in a sexual relationship with prisoners. In addition, recent changes to prison rosters and procedures have resulted in prison officers not being permitted access to the living units without being accompanied by another officer.
(2) Investigations were undertaken by the Department's Internal Investigations Unit. In relation to the first allegation, the prisoner was interviewed by the investigator and admitted that she engaged in consensual sex with the prison officer. The prison officer was advised in writing, in accordance with policy, of the allegation and he responded verbally that he did not wish to provide a response to the allegation or to be interviewed. The officer was then charged with a disciplinary offence arising from the allegation and he subsequently resigned. The second allegation involved the improper use of a mobile telephone. (3) No. (4) Not applicable. (5) Yes. (6) The officer involved in the first allegation resigned from the position of prison officer on 5 th September 2006. The officer involved in the other allegation resigned on 13 th July 2006. (7) The Commissioner for Corrective Services does not have powers of summary dismissal. Due disciplinary processes must be followed in accordance with the principles of natural justice and procedural fairness. The Department provided written notice of the allegation's of inappropriate conduct to the Corruption and Crime Commission in accordance with Section 28 of the Corruption and Crime Commission Act 2003. I have also referred the allegation to the Commissioner, Corruption and Crime Commission for his consideration in relation to Section 4 of the Corruption and Crime Commission Act 2003. (8) Subject to receiving advice from the Commissioner, Corruption and Crime Commission in relation to "official misconduct", it is arguable that consensual sex between a prisoner and a prison officer is not illegal. However Section 12 of the Prisons Act 1981 states that "every officer shall observe all rules and standing orders made under the Act" and Director General Rule 4 prohibits any prison officer from commencing or maintaining a relationship or association with a prisoner, or ex-prisoner, except in connection with the discharge of the officer's duties or with the prior written approval of the Designated Superintendent. I have asked the Department of Corrective Services to work with Parliamentary Counsel to draft provisions that would make it a criminal offence for prison officers to engage in a sexual relationship with prisoners and to ensure that process cannot be avoided by means of resignation irrespective of issues of consent. (9) The Security Manager at the prison has undertaken enquiries within the prison and these enquiries indicate there is no evidence to suggest any current staff members are engaged in a sexual relationship with prisoners. In addition, recent changes to prison rosters and procedures have resulted in prison officers not being permitted access to the living units without being accompanied by another officer.
(3) No. (4) Not applicable. (5) Yes. (6) The officer involved in the first allegation resigned from the position of prison officer on 5 th September 2006. The officer involved in the other allegation resigned on 13 th July 2006. (7) The Commissioner for Corrective Services does not have powers of summary dismissal. Due disciplinary processes must be followed in accordance with the principles of natural justice and procedural fairness. The Department provided written notice of the allegation's of inappropriate conduct to the Corruption and Crime Commission in accordance with Section 28 of the Corruption and Crime Commission Act 2003. I have also referred the allegation to the Commissioner, Corruption and Crime Commission for his consideration in relation to Section 4 of the Corruption and Crime Commission Act 2003. (8) Subject to receiving advice from the Commissioner, Corruption and Crime Commission in relation to "official misconduct", it is arguable that consensual sex between a prisoner and a prison officer is not illegal. However Section 12 of the Prisons Act 1981 states that "every officer shall observe all rules and standing orders made under the Act" and Director General Rule 4 prohibits any prison officer from commencing or maintaining a relationship or association with a prisoner, or ex-prisoner, except in connection with the discharge of the officer's duties or with the prior written approval of the Designated Superintendent. I have asked the Department of Corrective Services to work with Parliamentary Counsel to draft provisions that would make it a criminal offence for prison officers to engage in a sexual relationship with prisoners and to ensure that process cannot be avoided by means of resignation irrespective of issues of consent. (9) The Security Manager at the prison has undertaken enquiries within the prison and these enquiries indicate there is no evidence to suggest any current staff members are engaged in a sexual relationship with prisoners. In addition, recent changes to prison rosters and procedures have resulted in prison officers not being permitted access to the living units without being accompanied by another officer.
(4) Not applicable. (5) Yes. (6) The officer involved in the first allegation resigned from the position of prison officer on 5 th September 2006. The officer involved in the other allegation resigned on 13 th July 2006. (7) The Commissioner for Corrective Services does not have powers of summary dismissal. Due disciplinary processes must be followed in accordance with the principles of natural justice and procedural fairness. The Department provided written notice of the allegation's of inappropriate conduct to the Corruption and Crime Commission in accordance with Section 28 of the Corruption and Crime Commission Act 2003. I have also referred the allegation to the Commissioner, Corruption and Crime Commission for his consideration in relation to Section 4 of the Corruption and Crime Commission Act 2003. (8) Subject to receiving advice from the Commissioner, Corruption and Crime Commission in relation to "official misconduct", it is arguable that consensual sex between a prisoner and a prison officer is not illegal. However Section 12 of the Prisons Act 1981 states that "every officer shall observe all rules and standing orders made under the Act" and Director General Rule 4 prohibits any prison officer from commencing or maintaining a relationship or association with a prisoner, or ex-prisoner, except in connection with the discharge of the officer's duties or with the prior written approval of the Designated Superintendent. I have asked the Department of Corrective Services to work with Parliamentary Counsel to draft provisions that would make it a criminal offence for prison officers to engage in a sexual relationship with prisoners and to ensure that process cannot be avoided by means of resignation irrespective of issues of consent. (9) The Security Manager at the prison has undertaken enquiries within the prison and these enquiries indicate there is no evidence to suggest any current staff members are engaged in a sexual relationship with prisoners. In addition, recent changes to prison rosters and procedures have resulted in prison officers not being permitted access to the living units without being accompanied by another officer.
(5) Yes. (6) The officer involved in the first allegation resigned from the position of prison officer on 5 th September 2006. The officer involved in the other allegation resigned on 13 th July 2006. (7) The Commissioner for Corrective Services does not have powers of summary dismissal. Due disciplinary processes must be followed in accordance with the principles of natural justice and procedural fairness. The Department provided written notice of the allegation's of inappropriate conduct to the Corruption and Crime Commission in accordance with Section 28 of the Corruption and Crime Commission Act 2003. I have also referred the allegation to the Commissioner, Corruption and Crime Commission for his consideration in relation to Section 4 of the Corruption and Crime Commission Act 2003. (8) Subject to receiving advice from the Commissioner, Corruption and Crime Commission in relation to "official misconduct", it is arguable that consensual sex between a prisoner and a prison officer is not illegal. However Section 12 of the Prisons Act 1981 states that "every officer shall observe all rules and standing orders made under the Act" and Director General Rule 4 prohibits any prison officer from commencing or maintaining a relationship or association with a prisoner, or ex-prisoner, except in connection with the discharge of the officer's duties or with the prior written approval of the Designated Superintendent. I have asked the Department of Corrective Services to work with Parliamentary Counsel to draft provisions that would make it a criminal offence for prison officers to engage in a sexual relationship with prisoners and to ensure that process cannot be avoided by means of resignation irrespective of issues of consent. (9) The Security Manager at the prison has undertaken enquiries within the prison and these enquiries indicate there is no evidence to suggest any current staff members are engaged in a sexual relationship with prisoners. In addition, recent changes to prison rosters and procedures have resulted in prison officers not being permitted access to the living units without being accompanied by another officer.
(6) The officer involved in the first allegation resigned from the position of prison officer on 5 th September 2006. The officer involved in the other allegation resigned on 13 th July 2006. (7) The Commissioner for Corrective Services does not have powers of summary dismissal. Due disciplinary processes must be followed in accordance with the principles of natural justice and procedural fairness. The Department provided written notice of the allegation's of inappropriate conduct to the Corruption and Crime Commission in accordance with Section 28 of the Corruption and Crime Commission Act 2003. I have also referred the allegation to the Commissioner, Corruption and Crime Commission for his consideration in relation to Section 4 of the Corruption and Crime Commission Act 2003. (8) Subject to receiving advice from the Commissioner, Corruption and Crime Commission in relation to "official misconduct", it is arguable that consensual sex between a prisoner and a prison officer is not illegal. However Section 12 of the Prisons Act 1981 states that "every officer shall observe all rules and standing orders made under the Act" and Director General Rule 4 prohibits any prison officer from commencing or maintaining a relationship or association with a prisoner, or ex-prisoner, except in connection with the discharge of the officer's duties or with the prior written approval of the Designated Superintendent. I have asked the Department of Corrective Services to work with Parliamentary Counsel to draft provisions that would make it a criminal offence for prison officers to engage in a sexual relationship with prisoners and to ensure that process cannot be avoided by means of resignation irrespective of issues of consent. (9) The Security Manager at the prison has undertaken enquiries within the prison and these enquiries indicate there is no evidence to suggest any current staff members are engaged in a sexual relationship with prisoners. In addition, recent changes to prison rosters and procedures have resulted in prison officers not being permitted access to the living units without being accompanied by another officer.
(7) The Commissioner for Corrective Services does not have powers of summary dismissal. Due disciplinary processes must be followed in accordance with the principles of natural justice and procedural fairness. The Department provided written notice of the allegation's of inappropriate conduct to the Corruption and Crime Commission in accordance with Section 28 of the Corruption and Crime Commission Act 2003. I have also referred the allegation to the Commissioner, Corruption and Crime Commission for his consideration in relation to Section 4 of the Corruption and Crime Commission Act 2003. (8) Subject to receiving advice from the Commissioner, Corruption and Crime Commission in relation to "official misconduct", it is arguable that consensual sex between a prisoner and a prison officer is not illegal. However Section 12 of the Prisons Act 1981 states that "every officer shall observe all rules and standing orders made under the Act" and Director General Rule 4 prohibits any prison officer from commencing or maintaining a relationship or association with a prisoner, or ex-prisoner, except in connection with the discharge of the officer's duties or with the prior written approval of the Designated Superintendent. I have asked the Department of Corrective Services to work with Parliamentary Counsel to draft provisions that would make it a criminal offence for prison officers to engage in a sexual relationship with prisoners and to ensure that process cannot be avoided by means of resignation irrespective of issues of consent. (9) The Security Manager at the prison has undertaken enquiries within the prison and these enquiries indicate there is no evidence to suggest any current staff members are engaged in a sexual relationship with prisoners. In addition, recent changes to prison rosters and procedures have resulted in prison officers not being permitted access to the living units without being accompanied by another officer.
(8) Subject to receiving advice from the Commissioner, Corruption and Crime Commission in relation to "official misconduct", it is arguable that consensual sex between a prisoner and a prison officer is not illegal. However Section 12 of the Prisons Act 1981 states that "every officer shall observe all rules and standing orders made under the Act" and Director General Rule 4 prohibits any prison officer from commencing or maintaining a relationship or association with a prisoner, or ex-prisoner, except in connection with the discharge of the officer's duties or with the prior written approval of the Designated Superintendent. I have asked the Department of Corrective Services to work with Parliamentary Counsel to draft provisions that would make it a criminal offence for prison officers to engage in a sexual relationship with prisoners and to ensure that process cannot be avoided by means of resignation irrespective of issues of consent. (9) The Security Manager at the prison has undertaken enquiries within the prison and these enquiries indicate there is no evidence to suggest any current staff members are engaged in a sexual relationship with prisoners. In addition, recent changes to prison rosters and procedures have resulted in prison officers not being permitted access to the living units without being accompanied by another officer.
I have asked the Department of Corrective Services to work with Parliamentary Counsel to draft provisions that would make it a criminal offence for prison officers to engage in a sexual relationship with prisoners and to ensure that process cannot be avoided by means of resignation irrespective of issues of consent. (9) The Security Manager at the prison has undertaken enquiries within the prison and these enquiries indicate there is no evidence to suggest any current staff members are engaged in a sexual relationship with prisoners. In addition, recent changes to prison rosters and procedures have resulted in prison officers not being permitted access to the living units without being accompanied by another officer.
(9) The Security Manager at the prison has undertaken enquiries within the prison and these enquiries indicate there is no evidence to suggest any current staff members are engaged in a sexual relationship with prisoners. In addition, recent changes to prison rosters and procedures have resulted in prison officers not being permitted access to the living units without being accompanied by another officer.
In addition, recent changes to prison rosters and procedures have resulted in prison officers not being permitted access to the living units without being accompanied by another officer.
(2) Investigations were undertaken by the Department's Internal Investigations Unit. In relation to the first allegation, the prisoner was interviewed by the investigator and admitted that she engaged in consensual sex with the prison officer. The prison officer was advised in writing, in accordance with policy, of the allegation and he responded verbally that he did not wish to provide a response to the allegation or to be interviewed. The officer was then charged with a disciplinary offence arising from the allegation and he subsequently resigned. The second allegation involved the improper use of a mobile telephone. (3) No. (4) Not applicable. (5) Yes. (6) The officer involved in the first allegation resigned from the position of prison officer on 5 th September 2006. The officer involved in the other allegation resigned on 13 th July 2006. (7) The Commissioner for Corrective Services does not have powers of summary dismissal. Due disciplinary processes must be followed in accordance with the principles of natural justice and procedural fairness. The Department provided written notice of the allegation's of inappropriate conduct to the Corruption and Crime Commission in accordance with Section 28 of the Corruption and Crime Commission Act 2003. I have also referred the allegation to the Commissioner, Corruption and Crime Commission for his consideration in relation to Section 4 of the Corruption and Crime Commission Act 2003. (8) Subject to receiving advice from the Commissioner, Corruption and Crime Commission in relation to "official misconduct", it is arguable that consensual sex between a prisoner and a prison officer is not illegal. However Section 12 of the Prisons Act 1981 states that "every officer shall observe all rules and standing orders made under the Act" and Director General Rule 4 prohibits any prison officer from commencing or maintaining a relationship or association with a prisoner, or ex-prisoner, except in connection with the discharge of the officer's duties or with the prior written approval of the Designated Superintendent. I have asked the Department of Corrective Services to work with Parliamentary Counsel to draft provisions that would make it a criminal offence for prison officers to engage in a sexual relationship with prisoners and to ensure that process cannot be avoided by means of resignation irrespective of issues of consent. (9) The Security Manager at the prison has undertaken enquiries within the prison and these enquiries indicate there is no evidence to suggest any current staff members are engaged in a sexual relationship with prisoners. In addition, recent changes to prison rosters and procedures have resulted in prison officers not being permitted access to the living units without being accompanied by another officer.
(3) No. (4) Not applicable. (5) Yes. (6) The officer involved in the first allegation resigned from the position of prison officer on 5 th September 2006. The officer involved in the other allegation resigned on 13 th July 2006. (7) The Commissioner for Corrective Services does not have powers of summary dismissal. Due disciplinary processes must be followed in accordance with the principles of natural justice and procedural fairness. The Department provided written notice of the allegation's of inappropriate conduct to the Corruption and Crime Commission in accordance with Section 28 of the Corruption and Crime Commission Act 2003. I have also referred the allegation to the Commissioner, Corruption and Crime Commission for his consideration in relation to Section 4 of the Corruption and Crime Commission Act 2003. (8) Subject to receiving advice from the Commissioner, Corruption and Crime Commission in relation to "official misconduct", it is arguable that consensual sex between a prisoner and a prison officer is not illegal. However Section 12 of the Prisons Act 1981 states that "every officer shall observe all rules and standing orders made under the Act" and Director General Rule 4 prohibits any prison officer from commencing or maintaining a relationship or association with a prisoner, or ex-prisoner, except in connection with the discharge of the officer's duties or with the prior written approval of the Designated Superintendent. I have asked the Department of Corrective Services to work with Parliamentary Counsel to draft provisions that would make it a criminal offence for prison officers to engage in a sexual relationship with prisoners and to ensure that process cannot be avoided by means of resignation irrespective of issues of consent. (9) The Security Manager at the prison has undertaken enquiries within the prison and these enquiries indicate there is no evidence to suggest any current staff members are engaged in a sexual relationship with prisoners. In addition, recent changes to prison rosters and procedures have resulted in prison officers not being permitted access to the living units without being accompanied by another officer.
(4) Not applicable. (5) Yes. (6) The officer involved in the first allegation resigned from the position of prison officer on 5 th September 2006. The officer involved in the other allegation resigned on 13 th July 2006. (7) The Commissioner for Corrective Services does not have powers of summary dismissal. Due disciplinary processes must be followed in accordance with the principles of natural justice and procedural fairness. The Department provided written notice of the allegation's of inappropriate conduct to the Corruption and Crime Commission in accordance with Section 28 of the Corruption and Crime Commission Act 2003. I have also referred the allegation to the Commissioner, Corruption and Crime Commission for his consideration in relation to Section 4 of the Corruption and Crime Commission Act 2003. (8) Subject to receiving advice from the Commissioner, Corruption and Crime Commission in relation to "official misconduct", it is arguable that consensual sex between a prisoner and a prison officer is not illegal. However Section 12 of the Prisons Act 1981 states that "every officer shall observe all rules and standing orders made under the Act" and Director General Rule 4 prohibits any prison officer from commencing or maintaining a relationship or association with a prisoner, or ex-prisoner, except in connection with the discharge of the officer's duties or with the prior written approval of the Designated Superintendent. I have asked the Department of Corrective Services to work with Parliamentary Counsel to draft provisions that would make it a criminal offence for prison officers to engage in a sexual relationship with prisoners and to ensure that process cannot be avoided by means of resignation irrespective of issues of consent. (9) The Security Manager at the prison has undertaken enquiries within the prison and these enquiries indicate there is no evidence to suggest any current staff members are engaged in a sexual relationship with prisoners. In addition, recent changes to prison rosters and procedures have resulted in prison officers not being permitted access to the living units without being accompanied by another officer.
(5) Yes. (6) The officer involved in the first allegation resigned from the position of prison officer on 5 th September 2006. The officer involved in the other allegation resigned on 13 th July 2006. (7) The Commissioner for Corrective Services does not have powers of summary dismissal. Due disciplinary processes must be followed in accordance with the principles of natural justice and procedural fairness. The Department provided written notice of the allegation's of inappropriate conduct to the Corruption and Crime Commission in accordance with Section 28 of the Corruption and Crime Commission Act 2003. I have also referred the allegation to the Commissioner, Corruption and Crime Commission for his consideration in relation to Section 4 of the Corruption and Crime Commission Act 2003. (8) Subject to receiving advice from the Commissioner, Corruption and Crime Commission in relation to "official misconduct", it is arguable that consensual sex between a prisoner and a prison officer is not illegal. However Section 12 of the Prisons Act 1981 states that "every officer shall observe all rules and standing orders made under the Act" and Director General Rule 4 prohibits any prison officer from commencing or maintaining a relationship or association with a prisoner, or ex-prisoner, except in connection with the discharge of the officer's duties or with the prior written approval of the Designated Superintendent. I have asked the Department of Corrective Services to work with Parliamentary Counsel to draft provisions that would make it a criminal offence for prison officers to engage in a sexual relationship with prisoners and to ensure that process cannot be avoided by means of resignation irrespective of issues of consent. (9) The Security Manager at the prison has undertaken enquiries within the prison and these enquiries indicate there is no evidence to suggest any current staff members are engaged in a sexual relationship with prisoners. In addition, recent changes to prison rosters and procedures have resulted in prison officers not being permitted access to the living units without being accompanied by another officer.
(6) The officer involved in the first allegation resigned from the position of prison officer on 5 th September 2006. The officer involved in the other allegation resigned on 13 th July 2006. (7) The Commissioner for Corrective Services does not have powers of summary dismissal. Due disciplinary processes must be followed in accordance with the principles of natural justice and procedural fairness. The Department provided written notice of the allegation's of inappropriate conduct to the Corruption and Crime Commission in accordance with Section 28 of the Corruption and Crime Commission Act 2003. I have also referred the allegation to the Commissioner, Corruption and Crime Commission for his consideration in relation to Section 4 of the Corruption and Crime Commission Act 2003. (8) Subject to receiving advice from the Commissioner, Corruption and Crime Commission in relation to "official misconduct", it is arguable that consensual sex between a prisoner and a prison officer is not illegal. However Section 12 of the Prisons Act 1981 states that "every officer shall observe all rules and standing orders made under the Act" and Director General Rule 4 prohibits any prison officer from commencing or maintaining a relationship or association with a prisoner, or ex-prisoner, except in connection with the discharge of the officer's duties or with the prior written approval of the Designated Superintendent. I have asked the Department of Corrective Services to work with Parliamentary Counsel to draft provisions that would make it a criminal offence for prison officers to engage in a sexual relationship with prisoners and to ensure that process cannot be avoided by means of resignation irrespective of issues of consent. (9) The Security Manager at the prison has undertaken enquiries within the prison and these enquiries indicate there is no evidence to suggest any current staff members are engaged in a sexual relationship with prisoners. In addition, recent changes to prison rosters and procedures have resulted in prison officers not being permitted access to the living units without being accompanied by another officer.
(7) The Commissioner for Corrective Services does not have powers of summary dismissal. Due disciplinary processes must be followed in accordance with the principles of natural justice and procedural fairness. The Department provided written notice of the allegation's of inappropriate conduct to the Corruption and Crime Commission in accordance with Section 28 of the Corruption and Crime Commission Act 2003. I have also referred the allegation to the Commissioner, Corruption and Crime Commission for his consideration in relation to Section 4 of the Corruption and Crime Commission Act 2003. (8) Subject to receiving advice from the Commissioner, Corruption and Crime Commission in relation to "official misconduct", it is arguable that consensual sex between a prisoner and a prison officer is not illegal. However Section 12 of the Prisons Act 1981 states that "every officer shall observe all rules and standing orders made under the Act" and Director General Rule 4 prohibits any prison officer from commencing or maintaining a relationship or association with a prisoner, or ex-prisoner, except in connection with the discharge of the officer's duties or with the prior written approval of the Designated Superintendent. I have asked the Department of Corrective Services to work with Parliamentary Counsel to draft provisions that would make it a criminal offence for prison officers to engage in a sexual relationship with prisoners and to ensure that process cannot be avoided by means of resignation irrespective of issues of consent. (9) The Security Manager at the prison has undertaken enquiries within the prison and these enquiries indicate there is no evidence to suggest any current staff members are engaged in a sexual relationship with prisoners. In addition, recent changes to prison rosters and procedures have resulted in prison officers not being permitted access to the living units without being accompanied by another officer.
(8) Subject to receiving advice from the Commissioner, Corruption and Crime Commission in relation to "official misconduct", it is arguable that consensual sex between a prisoner and a prison officer is not illegal. However Section 12 of the Prisons Act 1981 states that "every officer shall observe all rules and standing orders made under the Act" and Director General Rule 4 prohibits any prison officer from commencing or maintaining a relationship or association with a prisoner, or ex-prisoner, except in connection with the discharge of the officer's duties or with the prior written approval of the Designated Superintendent. I have asked the Department of Corrective Services to work with Parliamentary Counsel to draft provisions that would make it a criminal offence for prison officers to engage in a sexual relationship with prisoners and to ensure that process cannot be avoided by means of resignation irrespective of issues of consent. (9) The Security Manager at the prison has undertaken enquiries within the prison and these enquiries indicate there is no evidence to suggest any current staff members are engaged in a sexual relationship with prisoners. In addition, recent changes to prison rosters and procedures have resulted in prison officers not being permitted access to the living units without being accompanied by another officer.
I have asked the Department of Corrective Services to work with Parliamentary Counsel to draft provisions that would make it a criminal offence for prison officers to engage in a sexual relationship with prisoners and to ensure that process cannot be avoided by means of resignation irrespective of issues of consent. (9) The Security Manager at the prison has undertaken enquiries within the prison and these enquiries indicate there is no evidence to suggest any current staff members are engaged in a sexual relationship with prisoners. In addition, recent changes to prison rosters and procedures have resulted in prison officers not being permitted access to the living units without being accompanied by another officer.
(9) The Security Manager at the prison has undertaken enquiries within the prison and these enquiries indicate there is no evidence to suggest any current staff members are engaged in a sexual relationship with prisoners. In addition, recent changes to prison rosters and procedures have resulted in prison officers not being permitted access to the living units without being accompanied by another officer.
In addition, recent changes to prison rosters and procedures have resulted in prison officers not being permitted access to the living units without being accompanied by another officer.
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