Corrections Amendment (Paid Employment and Other Matters) Regulations 2018 (Vic)

Corrections Amendment (Paid Employment and Other Matters) Regulations 2018

S.R. No. 116/2018

TABLE OF PROVISIONS

Regulation  Page

1Objectives

2Authorising provision

3Commencement

4Regulation 10 revoked

5New Division 9A of Part 3 inserted

6Regulation 95C amended

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Endnotes

STATUTORY RULES 2018

S.R. No. 116/2018

Corrections Act 1986

Corrections Amendment (Paid Employment and Other Matters) Regulations 2018

The Governor in Council makes the following Regulations:

Dated: 28 August 2018

Responsible Minister:

GAYLE TIERNEY
Minister for Corrections

ANDREW ROBINSON

Clerk of the Executive Council

1Objectives

The objectives of these Regulations are to amend the Corrections Regulations 2009—

(a)to prescribe when the Secretary to the Department of Justice and Regulation may approve a prisoner to engage in paid employment outside a prison; and

(b)to prescribe the information that must be included in a paid employment agreement between the Secretary and a prisoner that has been assessed and approved to undertake paid employment outside a prison; and

(c)to allow for 20 percent of the net earnings of a prisoner engaged in employment outside a prison to be allocated for the purpose of assisting victims of crime or their family members; and

(d)to repeal the regulation relating to the discharge of firearms by authorised police officers; and

(e)to prescribe further persons or bodies to whom private or confidential information may be used or disclosed.

2Authorising provision

These Regulations are made under section 112 of the Corrections Act 1986.

3Commencement

These Regulations come into operation on 3 September 2018.

4Regulation 10 revoked

Regulation 10 of the Corrections Regulations 2009[1] is revoked.

5New Division 9A of Part 3 inserted

After Division 9 of Part 3 of the Corrections Regulations 2009 insert—

"Division 9A—Paid prisoner employment outside prison

31ADefinitions

In this Division—

eligible prisoner means a prisoner who is eligible under regulation 31B to engage in paid employment outside a prison;

net earnings means wages paid to a prisoner for employment outside a prison after any deductions required under a law of the Commonwealth;

Examples

Deductions for child support or social security overpayments; Commonwealth income tax.

program means the program of allowing eligible prisoners to engage in paid employment outside a prison;

Valid Visitors List means the list administered by the Department of Justice and Regulation for recording persons who may visit or contact prisoners.

31BEligibility to engage in paid employment outside prison

A prisoner is eligible to engage in paid employment outside a prison if the prisoner meets the following criteria—

(a)the prisoner has not been charged with or convicted of a sexual offence referred to in Schedule 1 of the Serious Offenders Act 2018 at any time;

(b)the prisoner has not been charged with or convicted of a serious violent offence as defined in the Corrections Act 1986 at any time;

(c)the prisoner—

(i)has been sentenced to a minimum of 3 years imprisonment; and

(ii)has between 3 and 12 months still to serve, either before their earliest parole eligibility date or before the end of their sentence; and

(iii)is suitable for placement in a minimum security prison or in a transition centre; and

(iv)has no pending court matters; and

(v)has no outstanding disciplinary matters; and

(vi)is entitled to work in Australia.

31CAssessment of prisoner to engage in paid employment outside prison

(1)Subject to regulation 31D, the Secretary may approve an eligible prisoner to engage in paid employment outside a prison if the prisoner has been assessed by the Secretary as being suitable to participate in the program.

(2)A prisoner is suitable to participate in the program if, in the opinion of the Secretary, the prisoner—

(a)has no current identified drug user status; and

(b)has no current suicide or self-harm concerns; and

(c)understands and is committed to the program; and

(d)has release needs that can be appropriately addressed while participating in the program; and

(e)is capable of satisfying the rules and requirements expected of the program; and

(f)would not pose a risk to community safety if allowed to participate in the program.

31DRestriction on employment

The Secretary must not approve employment proposed to be undertaken by a prisoner if the employment—

(a)may exacerbate any risk factors relevant to the risks of reoffending of that prisoner; or

(b)is child-related work as defined in the Working with Children Act 2005; or

(c)would result in the prisoner operating as a sole trader; or

(d)is considered inappropriate following a security and intelligence assessment of the proposed employer by the Department of Justice and Regulation.

31EForm of approval for a prisoner to engage in paid employment outside prison

(1)The Secretary may approve a prisoner to engage in paid employment outside a prison by entering into an agreement with the prisoner in accordance with this regulation.

(2)The approval—

(a)takes effect when the agreement is signed by the Secretary and the prisoner; and

(b)may be revoked by the Secretary at any time.

(3)The agreement must contain the following terms and conditions—

(a)the prisoner will not consume any alcoholic substance or drug of dependence before, while, or after attending their place of employment unless medically prescribed;

(b)while away from the prison, the prisoner will not have unapproved contact with visitors, including family members, friends or former criminal associates, regardless of whether those visitors are on the Valid Visitors List;

(c)unapproved, unsupervised or unscheduled contact with visitors who are not attending the place of employment on a genuine basis may result in immediate termination of the approval to participate in paid employment outside a prison;

(d)the prisoner must go directly to the place of employment at the start of each work shift and return directly to the prison at the end of the work shift, unless otherwise approved by the Governor of the prison or, if the prisoner cannot go directly to their place of employment or return directly to prison, the prisoner must contact their employer or the prison as soon as possible;

(e)the prisoner must not bring contraband items from the community to the prison (for example, tobacco products, alcoholic substances or drugs of dependence);

(f)if the prisoner is unable to work or continue to work for any reason while outside the prison, the prisoner must return directly to the prison or, if unable to return directly, the prisoner must contact the prison as soon as possible and advise them that they are unable to work but cannot return;

(g)if the prisoner requires medical attention while outside the prison at any time, the prisoner or another person must contact the prison as soon as possible and inform them that the prisoner is receiving medical treatment.

(4)The agreement must include the following written explanations to the prisoner—

(a)the approval to engage in paid employment outside a prison does not commence until the prisoner agrees to the terms and conditions of the agreement;

(b)the approval may be withdrawn at any time;

(c)failure to comply with the terms and conditions may result in the immediate termination of the approval;

(d)the Department of Justice and Regulation will inform the prisoner's employer that the prisoner's wages must be paid into the prisoner private monies bank account;

(e)the amount of 20 percent of the prisoner's net earnings will be deducted by the Department of Justice and Regulation from payments made to the prisoner by their employer and allocated for the purpose of assisting victims of crime or their family members at the discretion of the Secretary;

(f)the Department of Justice and Regulation will be in contact with the prisoner's employer to ensure they are attending the paid employment as and when agreed between the prisoner and their employer;

(g)funds withheld in the prisoner trust account that have been paid to the prisoner by their employer will be returned to the prisoner at the end of their sentence of imprisonment and are only available to the prisoner in accordance with the procedure set out in regulation 30;

(h)if the Department of Justice and Regulation is informed that the prisoner's work performance is unsatisfactory, or the prisoner's behaviour places the safety of any co‑worker or member of the community at risk, the prisoner will not be permitted to continue to participate in paid employment;

(i)the Department of Justice and Regulation will be in contact with the employer to ensure that the prisoner and members of the public are not at risk as a result of their behaviour while undertaking paid employment outside a prison;

(j)the Department of Justice and Regulation will determine the appropriateness of the prisoner's work prior to commencing paid employment, and will continue to determine the appropriateness after paid employment has commenced.

31FEarnings to be paid into prisoner trust account

Subject to regulation 31G, all money paid to a prisoner undertaking paid employment outside a prison must be paid into the prisoner trust account and disbursements from this account will be made to the prisoner in accordance with regulation 30.

31GEarnings to assist victims of crime or family members

The amount of 20 percent of all net earnings paid to a prisoner undertaking paid employment outside a prison must be allocated by the Secretary for the purpose of assisting victims of crime or their family members.".

6Regulation 95C amended

In regulation 95C(g) of the Corrections Regulations 2009—

(a)in paragraph (g), for "Tasmania." substitute "Tasmania;";

(b)after paragraph (g) insert—

"(h)the National Disability Insurance Scheme Launch Transition Agency as established by the National Disability Insurance Scheme Act 2013 of the Commonwealth—where the information is reasonably necessary to support the determination of eligibility for the National Disability Insurance Scheme as established by the National Disability Insurance Scheme Act 2013 of the Commonwealth or the planning and provision of supports through the National Disability Insurance Scheme;

(i)any person or body who delivers services or advice in relation to the National Disability Insurance Scheme—where the information is reasonably necessary to support the determination of eligibility for the National Disability Insurance Scheme or the planning and provision of supports through the National Disability Insurance Scheme.".

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Endnotes

[1] Reg. 4: S.R. No. 40/2009. Reprint No. 1 as at 18 August 2015. Reprinted to S.R. No. 95/2015. Subsequently amended by S.R. Nos 140/2015, 79/2016, 60/2017, 133/2017 and 3/2018.