Corrective Services Rules (QLD)
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CorrectiveServicesAct2000 , section 272( 2) Corrective Services Rules This document contains corrective services rules, as provided by the Department of Corrective Services, made under the CorrectiveServices(Administration) Act 1988 and continued in force as regulations under the Corrective Services Act 2000 , section 272(2). The rules are published as in force at the date of their expiry on 1 July 2002. The expiry of the rules on 1 July 2002 is confirmed by the Corrective Services Bill 2006 , clause 471. There are further rules in force on the expiry date that are being reviewed for publication. This is therefore not a complete set of the rules. Office of the Queensland Parliamentary Counsel
The Queensland Corrective Services Commission Commission's Rule Rule 3 Page 1 of 2 Subject Special Treatment Authority Corrective Services Act 1988 (s.39) 1. Statement of Rule A general manager or authorized delegate may place a prisoner on special treatment. 2. Purpose To provide for the short-term segregation, or partial segregation of a prisoner for reasons pursuant to section 39(2) of the Act. Separate treatment is to be used to segregate prisoners for purposes specified under the Act, and is not to be used as punishment. 3. Procedure A prisoner to be segregated, or partially segregated from other prisoners shall be placed in his cell or other place, or in a separate yard from other prisoners, or a group of prisoners. The General Manager, or authorized delegate shall ensure a prisoner so segregated, suffers as little change as possible to the conditions of his imprisonment or detention, and forfeits only those privileges or conditions that become impracticable by virtue of his segregation. 3.1 Review of Special Treatment The Manager (Supervision), shall review the circumstances of all prisoners placed on special treatment daily, or as prescribed by instrument. As the result of his review he may release any prisoner from special treatment. 3.2 Special Treatment Register Each prison shall keep a register of prisoners placed on special treatment. The register shall contain the
The Queensland Corrective Services Commission Commission's Rule Rule 3 Page 2 of 2 following information: (a) Date and time the prisoner was placed on special treatment; The ..reason for his- being placed on special treatment; ( c) The name and rank of the officer of the Commission who recommends, and the name of the general manager or authorized delegate ordering the prisoner to receive special treatment. (d) Comment of the manager (operations) following his review of the prisoner's circumstances; (e) An indication if the prisoner wishes the matter to be referred to an official visitor (in cases where the period of special treatment exceeds 3 days); (f) Privileges unable to be provided as a result of the prisoner being placed on special treatment, and reasons for forfeiture; (g Date and time the prisoner is taken off special treatment. Approved at a duly convened meeting of the Commission Board on 15th December, 1988. .................... Peter Roylance Secretary
The Queensland Corrective Services Commission Commission's Rule Rule 6 Page 1 of 1 Subject Prisoner Telephone Calls - Access to Telephone Authority Corrective Services Act 1988, (s.130(h) Corrective Services Regulations 1988 (r.12) 1. Statement of Rule A prisoner shall make calls only from telephones authorized for his use. 2. Purpose To control the use of telephones by a prisoner, and to ensure his calls are monitored. 3. Procedure The general manager shall specify by rule which telephone or telephones shall be used by a prisoner to make calls out of the prison. The telephones so specified, shall be adapted to allow monitoring pursuant to regulation 12(4). Under no circumstances shall a prisoner have access to any telephone other than specified in the general manager's rules. Approved at a duly convened meeting of the Commission Board on 15th December, 1988. .................... Peter Roylance Secretary
The Queensland Corrective Services Commission Commission's Rule Rule 7 Page 1 of 1 Subject Breach of Discipline, Major - Request for Review Authority Corrective Services Act 1988, (s.101(9)) . 1. Statement of-Rule . A prisoners shall be asked if he wishes to have a determination in respect of a major breach of discipline reviewed. 2. Purpose To ascertain whether a prisoner wishes to have a determination regarding a major breach of discipline reviewed pursuant to section 101(9) of the Act. 3. Procedure At the completion of a hearing of a major breach of discipline, the authorized officer presiding at the hearing shall ask the prisoner against whom the determination has been made, if he wishes to have the decision reviewed. The prisoner shall answer the question immediately, and indicate his wish. In the event of a prisoner refusing to indicate -his wish, the officer presiding at the hearing shall record that the determination is to be reviewed. Approved at a duly convened meeting of the Commission Board on 15th December, 1988. Peter. Roylance .,•,. Secretary
The Queensland Corrective Services Commission Commission's Rule Rule 8 Page 1 of 2 Subject Breach of Discipline - Establishing whether to be treated as major or minor. - Authority Queensland Corrective Services Act 1988, (s.98,101) Queensland Corrective--Services Regulations (r.31) 1. Statement of Rule A Correctional Officer observing a breach of discipline shall determine whether it will be treated as a major, or a minor breach. 2. Purpose To allow disciplinary procedures to be applied that are appropriate to the seriousness of a breach. 3. Procedure To reach the determination, the correctional officer shall be guided by; (a) The seriousness of the breach itself; (b) Whether it has, or is likely to have an adverse effect on the good order of the prison, or .adversely effect prisoners or the prisoner himself; Whether the prisoner was seen by other prisoners committing the breach; (d) Whether the commission of the breach created, or was likely to create tension in the prison; (e) The mood among prisoners at the time of the breach; (f) Any other factor that in the opinion of the correctional officer, is relevant to the seriousness of the breach.
The Queensland Corrective Services Comm ission Commission's Rule Rule 8 Page ^L of 2 Approved at a duly convened meeting of the Commission Board on 15th December, 1988. .................... Peter Roylance Secretary
The Queensland Corrective Services Commission Commission's Rule Rule 9 Page 1 of 1 Subject Breach of Discipline, Minor - Review Authority Queensland Corrective Services Act 1988, (s.98(5) s.99) 1. Statement of Rule A prisoner shall be asked if he wishes to have a determination in respect of a minor breach of discipline reviewed. 2. Purpose To resolve a determination in relation to a minor breach of discipline as quickly as possible, and to ascertain whether a prisoner wishes a review of the determination. 3. Procedure The Correctional Officer making a determination relating to a minor breach of discipline shall ask the prisoner if he wishes to have the matter reviewed. The prisoner shall answer immediately. A refusal on the part of a prisoner to indicate whether he wishes a review shall be taken that a review is requested. When a review is requested, the correctional officer shall advise the officer authorized to hear a review immediately. The reviewing officer shall carry out the review as soon as practicable, but no later than the completion of the period of duty during which the breach occurred. Approved at a duly convened meeting of the Commission Board on 15th December, 1988. Peter Roylance Secretary
The Queensland Corrective Services Commission Commission's Rule Rule 11 Page 1 of 2 Subject Home Detention - Revocation Authority Queensland Corrective Services Act 1988 (s.86(6) 1. Statement of Rule Where the revoking of an instrument authorizing release on home detention is likely to cause a prisoner to breach a condition of the instrument, he shall be escorted into custody. 2. Purpose To ensure a prisoner whose approval to be on home detention has been revoked, returns to a prison. 3. Procedure When the Commission or authorized delegate revokes an instrument authorizing a prisoner to be released on home detention pursuant to section 86(6) of the Act, and it or he believes such revocation may induce the prisoner to breach a condition of the instrument, the Commission or authorized delegate shall instruct that the prisoner be returned to custody forthwith. Where an instruction under this rule has been given, the correctional officer appointed to supervise the prisoner shall; (a) Where the prisoner resides within reasonable proximity to a prison, seek the assistance of custodial correctional officers to return the prisoner to a prison, or (b) Where the prisoner is residing at some distance from a prison, seek the assistance of a police officer to have him returned to a prison pursuant to section 86(10) of the Act.
The Queensland Corrective Services Commission Commission's Rule Rule 11 Page 2 of 2 Approved at a duly convened meeting of the Commission Board on 15th December, 1988. .................... Peter Roylance Secretary
The Queensland Corrective Services Commission Commission's Rule Rule 17 Page 1 of 1 Subject Prisoner Offence - Restricted Articles Authority Queensland Corrective Services Actg 1988, (s.93(d)) 1. Statement of' Rule A prisoner shall have restricted access only, to articles listed in this rule. 2. Purpose To ensure a prisoner does not have ready access to articles capable of jeopardising prison security or personal safety. 3. Procedures General managers and authorized delegates are to ensure that a prisoner's access to the following items is restricted and he has them in their possession only in such circumstances and at such times as may be approved from time to time: tools, including knives, scissors, saws, blades for saws and other cutting instruments, legally prescribed medication and drugs, ladders, rope, flammable liquid and combustible material, keys not being keys to any security lock, electronic equipment including testing devices and computors. Approved at a duly convened meeting of the Commission Board on 15th December, 1988. .................... Peter Roylance Secretary
The Queensland Corrective Services Commission Commission's Rule Rule 18 Page 1 of 1 Subject A Decision of An Authorized Officer to Treat a Charge for a Major Breach of Discipline as a Minor Breach. Authority Corrective Services.Act 1988, (s.101(7) 1. Statement of Rule An authorized officer who decides a charge for a major breach of discipline should be treated as a minor breach, shall instruct it be determined as such. 2. Purpose To maintain consistency in dealing with minor breaches. 3. Procedure When the officer authorized to make a determination in relation to a major breach of discipline decides to have the matter dealt with as a minor breach, he shall return the prescribed form with accompanying statements to the correctional officer referring the matter, and instruct him to make a determination pursuant to section 98(2) of the Act. Approved at a duly convened meeting of the Commission Board on 15th December, 1988. .................... Peter Roylance Secretary
The Queensland Corrective Services Commission Commission's Rule Rule 19 Page 1 of 1 Subject Minor Breach of Discipline - Prescribed Form Authority Queensland Corrective Services Act 1988, (s.100) 1. Statement of.Rule Proceedings against a prisoner for a minor breach of discipline shall be on Form l& to the schedule. 2. Purpose To maintain consistency in dealing with breaches of discipline, and to provide a system of recording breaches. 3. Procedure An officer initiating proceedings against a prisoner for a minor breach of discipline shall enter particulars on Form 17 to the schedule. He shall furnish a full report of the circumstances and attach it to Form 1 Approved at a duly convened meeting of the Commission Board on 15th December, 1988. Peter .Ro.yl•an.ce••. Secretary
The Queensland Corrective Services Commission Commission's Rule Rule 20 Page 1 of 1 Subject Leave of Absence - Revocation Authority Queensland Corrective Services Act 1988 (s.63) 1. Statement of_ Rule . Where the revoking of an instrument authorizing release on leave of absence is likely to cause a prisoner to breach a condition of the instrument, he shall be escorted into custody. 2. Purpose To ensure a prisoner whose approval to be on leave of absence has been revoked, returns to a prison. 3. Procedure When the Commission's delegated officer revokes an instrument authorizing a prisoner to be released on leave of absence, and he believes that revocation may induce the prisoner to breach a condition of the instrument, the officer shall instruct that the prisoner be returned to custody forthwith. The officer shall direct:- (a) Where the prisoner resides within reasonable proximity to a prison, seek the assistance of custodial correctional officers to return the prisoner to a prison, or (b) Where the prisoner is residing at some distance from a prison, seek the assistance of a police officer to have him returned to a prison pursuant to section 63(5). of the Act. Approved at a duly convened meeting of the Commission Board on 15th December, 1988. ........... Peter Roylance Secretary
The Queensland Corrective Services Commission. Commission's Rule Rule 21 Page 1 of 1 Subject Breach of Discipline - Privileges which may be forfeited. • Authority Corrective Services Act, 1988 (s.97(l)) 1. Statement of Rule A prisoner who commits a breach of discipline may be ordered to forfeit privileges prescribed by this rule. 2. Purpose To prescribe privileges a prisoner may be ordered to forfeit pursuant to section 97(1) of the Act. 3. Procedure A correctional officer who determines a prisoner has committed a breach of discipline, may order he forfeit any one, or combination of the following privileges for a prescribed period:- (a) Participating in any hobby, sport or leisure activity; (b) Making, or receiving any telephone call; (c) Having a contact visit; (d) Associating with any person, or group of people; and (e) Participating in any work. Approved at a duly convened meeting of the Commission Board on 15th December, 1988. .................... Peter Roylance Secretary
The Queensland Corrective Services Commission Commission's Rule Rule 24 Page 1 of 1 Subject: Mandatory Community Service by Home Detainees Authority: Corrective Services Act 1988 [ss.59(1)(2)] 1. Statement of Rule: 1.1 Community service shall be an approved compulsory program. 1.2 A prisoner released to serve a period of home detention shall perform community service unless granted exemption by the Commission. 2. Purpose: To engage a prisoner confined to his home in a useful activity and to emphasise home detention as a firm correctional option. 3. Procedure: 3.1 A prisoner released to serve a period of home detention shall perform community service where and as directed by the community correctional officer assigned to him. 3.2 A prisoner who is engaged in full-time employment shall perform community service in accordance with this Rule on one (1) day per week, or on two (2) days per week if unemployed. 3.3 The community correctional officer assigned to a prisoner is authorised by the Commission to grant exemption from community service to the prisoner in circumstances which are prescribed by community corrections organisational policy. Approved at a duly convened meeting of the Commission Board on 25 January, 1989. Peter Roylance Secretary
The Queensland Corrective Services Commission Commission's Rule Rule 25 Page 1 of 1 Subject: Prescribed Purposes for Prisoner Serving Home Detention to Leave Residence Authority: Corrective Services Act 1988 [s.88(2)] 1. Statement of Rule: The following are purposes for which a prisoner released to serve a period of home detention may leave his residence with the approval of the community correctional officer assigned to him:- (a) to receive medical treatment; (b) to attend a social security office; (c) to comply with any special conditions of his release; (d) to comply with the requirements of an existing probation, community service or fine option order; (e) to attend a rehabilitative program; (f) to purchase items necessary for living; (g) to perform community service; and (h) to engage in positive social, recreational and family activity. 2. Purpose: To allow a prisoner confined to his home a lawful means to: (a) attend to the necessities of life; (b) comply with special conditions of his release; (c) comply with the conditions of any existing community supervision orders; and (d) promote his positive social reintegration. 3. Procedure: The approval of a community correctional officer assigned to the prisoner shall be given by way of a written pass stating the terms and conditions of approved absence by the offender from his residence. Such terms and conditions shall be consistent with this Commission's Rule and community corrections organisational policy according to Attachment A. Approved at a duly convened meeting of the Commission Board on 25 January, 1989. Peter Roylance Secretary
Rule 25 Attachment A Page 1 of 2 PASSES FOR PRISONERS TO BE ABSENT FROM RESIDENCE Three types of passes may be issued to Home Detainees by authorised Community Correctional Officers (including HOme Detention Supervisor). These are Continuing Passes , Social Passes and Emergency Passes. (a) Continuing Passes: A, prisoner serving a period o _ f . Home Detention may be given an ongoing Continuing Pass to :' (i) Attend a Social Security or employment office; (ii) Seek employment; (iii) Attend employment; (iv) Comply with any special conditions of release to home detention; (v) Attend a rehabilitative program; (vi) Comply with requirements of existing Probation, Community Service or Fine Option Orders. (b) Social Passes: A Social Pass is a pass issued for a genuine social purpose and for a specific day, time and place.- A Social Pass should be issued to a prisoner only when it would aid the social reintegration of the prisoner. A Social Pass should generally not be in excess of eight hours. An evening Social Pass should not be valid beyond midnight. Issue of Social Passes will depend on satisfactory compliance by the prisoner with all the conditions of his release. A Social Pass will not be granted during the first two (2) weeks of release of a prisoner to Home Detention, but after this time may be issued at a rate of one (1) pass per week. These may be cumulative. c) Emergency Passes: An Emergency Pass is a pass which is required in an urgent situation, such as death in the family, sickness, an unexpected offer'of employment or employment interview etc. The prisoner must make every effort to contact a community correctional officer or a supervisor before leaving his home, but if he is through no fault of his own unable to do so, he may leave his residence for a period not involving absence overnight. Subsequent notification of the absence and verification of the alleged emergency will be required in all instances and an Emergency Pass for the absence recorded retrospectively.
Rule 25 Attachment A Page 2 of 2 (d) Passes generally: Excessive use of passes will diminish the integrity of the Home Detention Program. Passes should be issued sparingly, judiciously, and absolutely in accordance with Commission rules and organizational policies and procedures. Under no circumstances will a pass issued to a prisoner allow him to leave the State.
The Queensland Corrective Services Commission Commission's Rule Rule 27 Page 1 of 2 Subject: Officer and Employee required to disclose details of charges, conviction and other outcome of an offence. Authority: Corrective Services (Administration) Act 1988 (s.20) 1. Statement of Rule All officers and employees shall disclose all charges, convictions and other outcome of an offence, whether dealt with in or outside Queensland. ' 2. Purpose To consider the future placement of the officer or employee, based upon the circumstances of the case. 3. Definition In this rule the expression " offence " means conviction by a court or tribunal of any offence , but does not mean - (a) an offence where an "on the spot " ticket for a monetary penalty is issued and the penalty is paid, without the offence being contested by the officer or employee in a court or tribunal; (b) an offence where a court or justice either discharges the officer or employee absolutely, or discharges the officer or employee conditionally upon his entering into a recognizance, without recording a conviction, pursuant to section 657A of The Criminal Code. 4. Procedure 4.1 Where an officer or employee is charged with an alleged offence, whether in or outside Queensland, that person shall, as soon as practicable -- (a) after being charged and appearing before a court or tribunal; and (b) after each appearance in respect of the alleged offence thereafter, where applicable, notify the Director-General in writing, details of. the alleged offence; the court or tribunal and the date and outcome of each appearance.
The Queensland Corrective Services Commission Commission ' s Rules Rule 27 Page 2 of 2 4.2 Where an officer or employee is convicted of an offence, whether in or outside Queensland, that person shall, as soon as practicable after such conviction notify the Director-General in writing -- (a) details of the offence; the date of conviction; the court or tribunal and the sentence imposed; (b) whether any appeal is proposed to be lodged by the officer or employee against that conviction or sentence , or both. 4.3 Where an officer or employee charged with an alleged offence, whether in or outside Queensland, is found not guilty by a court or tribunal of the offence, that person shall notify the Director-General in writing of that fact as soon as practicable after the decision of the court or tribunal. Keith Hamburger Director-General 7 April, 1989.
THE QUEENSLAND CORRECTIVE SERVICES COMMISSION Commiss ion's Rule Rule 28 Page 1 of 1 Subject: Officers and Employees Prohibited from Certain Dealings with Prisoners, Prisoners who are Released on Parole and Persons subject 'to Probation Orders. Community Service Orders and Fine Option Orders. Authority: Corrective Services (Administration) Act 1988 (s.20) Statement of Rule All officers and employees of the'Commission are prohibited from purchasing or accepting any thing from a prisoner, a prisoner released on parole or a person who is subject to a probation order, community service order or fine option order, either for their own personal use or for the personal use of any other person. 2. Purpose To prevent officers and employees from having contractual dealings with prisoners, prisoners released on parole or persons who are subject to a probation order, community service order or fine option order. 3. Procedure 3.1 Officers and employees shall not purchase or accept any thing from a prisoner or a person referred to in paragraph 1, either for their own personal use or for the personal use of any other person. 3.2 Officers and employees shall not enter into any contractual dealings with any prisoner or person referred to in paragraph 1. Keith Hamburger Director-General 11 April, 1989
The Queensland Corrective Services Commission Commission's Rule Rule 35 Page 1 of 3 Subject Code of Conduct for Officers of The Queensland Corrective Services Commission Authority Corrective Services (Administration) Act 1988 [s.20(2)] 1. Statemntt of Rule All officers of The Queensland Corrective Services Commission shall be subject to the Code of Conduct prescribed by this rule. 2. Purpose To guide officers' actions and professional conduct, whether on or off duty. 3. Procedure . 3.1 Relationships Officers will respect and protect the dignity of all offenders. Officers will manage each case with appropriate concern for the offender's welfare and with no purpose of personal gain. Relationships with colleagues will be such as to promote mutual respect within the Commission and improvement of its quality of service. Statements critical of colleagues or their unit will be made only as these are verifiable and constructive in purpose. officers will respect the importance of all elements of the Criminal Justice System and cultivate a professional co-operation with each element. Subject to the offender ' s rights of privacy, officers will respect the public's right to know, and will share information with the public with openness and candour through approved information dissemination arrangements.
The Queensland Corrective Services Commission Commission's Rule Rule 35 Page 2 of 3 Officers will respect and protect the right of the public to be safeguarded from criminal activity. 3.2 Conduct and Practices Officers will not use their official position to secure personal privileges or advantages. Officers will not actin their official capacity in any manner in which they have a personal interest that could in the least degree impair their objectivity. Officers will not use their official position to promote any party political purpose. Officers will not accept any gift or favour of a nature to imply an obligation that is inconsistent with the free and objective exercise of their professional responsibilities. In any public statement officers will clearly distinguish between those that are personal views and those that are statements and positions on behalf of the Commission. Officers will be diligent in their responsibility to record and make available for review any and all case information which could contribute to sound decisions affecting an officer's or public safety. Each officer will report without reservation any corrupt or unethical behaviour which could affect either an offender or the integrity of the Commission. Officers will not discriminate against any offender, employee, prospective employee or member of the public on the basis of race, sex, creed or national origin. Each officer will maintain the integrity of private information; they will neither seek personal data beyond that needed to perform their responsibilities, nor reveal case information to anyone not having proper legal or professional use of such.
The Queensland Corrective Services Commission Commission's Rule Rule 35 Page 3 of 3 Any officer who is responsible for Commission personnel actions will make all appointments and promotions on the basis of merit, and take disciplinary action only in accordance with established procedures which ensure fair treatment. Keith Hamburger Director-General 12 October, 1989
The Queensland Corrective Services Commission Commission's Rule Rule 37 Page 1 of 2 Subject Escort Costs - Prisoner Attending Private Medical Examination or Treatment or Attendance at a Court for Other Than Criminal Proceedings Authority Section 70(3), CorrectiveServicesAct1988 and The Queensland Corrective Services Commission Board Decision of 29 March, 1989. 1. Statement of Rule A prisoner is required to pay escort costs to attend private medical examination or treatment or to attend a court for other than criminal proceedings. 2. Purpose To provide for the recovery of the costs incurred in escorting prisoners for those purposes the subject of this Rule. 3. Objective To ensure a uniform and consistent procedure is established when escorts are required for those purposes the subject of this Rule. 4. Procedure 4.1 When an escort is required for a prisoner who has been granted approval to attend private medical treatment or to attend a court for other than criminal proceedings, such escort is not to proceed until the prisoner has arranged payment for the escort. 4.2 In calculating the costs of an escort, overtime rates for the second year salary of a First Class Custodial Correctional Officer current at the time of the escort shall be applied. 4.3 The period of escort shall be based on the departure and return times of the escort recorded in the Gate Book and calculated to the nearest quarter hour. 4.4 Where a Commission vehicle is used to transport the escort and the total distance travelled exceeds ten kilometres, a charge shall also be made for the cost of transport.
The Queensland Corrective Services Commission Commission's Rule Rule 37 Page 2 of 2 4.5 In calculating the cost of transport, the rate prescribed in Determination No. 12, Part C - of the Determinations and Rulings made under the Public Service Management and Employment Regulations 1988 shall be applied. 4.6 In-those instances where absence from headquarters extends through a meal period, the meal allowance claimed by the escorting officers shall also be included in the cost of the escort. KEITH HAMBURGER Director-General 8 November, 1989 o , rSr`- ^- 2; -" tom/ 7 (Ju( 47
QUEENSLAND GOVERNMENT GAZETTE, No. 77 [4 July, 1997 Department of Training and Industrial Relations Brisbane, 4 July, 1997 The Minister for Training and Industrial Relations, under section 34 of the PublicService Act 1996, has issued the following Directive. SANTO SANTORO
DEPARTMENT OF TRAINING AND INDUSTRIAL RELATIONS Motor Vehicle Allowances 1. PURPOSE: To prescribe the minimum motor vehicle allowances payable when required to use a private motor vehicle for official purposes. 2. APPLICATION:: This directive applies to Public Service Officers and Temporary Employees under section 113 of the Public Service Act1996. 3. MINIMUM STANDARDS: The prescribed amounts and entitlements set out in the Schedule(s) are the minimum standards to apply. 4. OPERATIVE DATE: This Directive is to operate from 5 July 1997. 5. VARIATION: The provisions in the Schedule(s) may be varied by an Agreement made under Chapter 2, Part 1, of the Workplace Relations Act1997. 6.' ENHANCEMENT: A Chief Executive may enhance an amount or entitlement prescribed in the Schedule(s) but may not extend the application of existing or enhanced entitlements to classes of employees not contained in the Application clause. 7. INCONSISTENCY: Sections 34 and 117 of the Public Service Act1996 and Section 464 of the Workplace Relations Act1997 apply if there is a conflict with another instrument: (a) Inconsistency Between Directive And Another Act If there is an inconsistency between the Public Service Act1996 or another Act or subordinate legislation under either Act and this Directive, the Act or subordinate legislation will prevail over the Directive to the extent of the inconsistency. (b) Inconsistency Between Directive And Agreement If there is an inconsistency between an Agreement made under Chapter 2, Part 1, of the WorkplaceRelations Act 1997 and this Directive, the Agreement will prevail over the Directive to the extent of the inconsistency. (c) Inconsistency Between Directive and Award Or Industrial Agreement If there is an inconsistency between this Directive and an Award or Industrial Agreement, the Directive will prevail over the Award or Industrial Agreement to the extent of the inconsistency. 8. SUPERSEDES: ss.63, 68 Public Service Management and Employment Regulation 1988 Determination No.12 Issued by the Minister for Training and Industrial Relations
[4 July, 1997 SCHEDULE MOTOR VEHICLE ALLOWANCES GENERAL CONDITIONS Entitlement A Public Service Officer Or Temporary Employee under section 113 of the Public Service Act 1996 (hereafter "officer") who uses their private motor vehicle to undertake offical duties shall be paid a motor vehicle allowance for the distance necessarily and actually travelled as provided in this Schedule. The amount of the allowance will depend upon the type of motor vehicle used and the location of the officer's headquarters. Chief Executive Authorisation The use of a private tnoto.L vehicle for official purposes must be authorised by the Chief Executive. Insurance Prior to authorisation , the following conditions are to be met - • the vehicle is to be covered by either a comprehensive motor vehicle insurance policy or a third party property damage insurance policy; and the officer is to produce evidence that the insurance policy has been endorsed to indemnify the Queensland Government against certain liabilities at law. This is a standard endorsement available on request from all insurance companies. Any fee for endorsement should be refunded by the Department. Financial Year Allowances are based on the distance travelled during a financial year. Time Limit On Claims A claim made shall not, without the approval of the Chief Executive, be considered for payment unless it is submitted within 12 months from the date of completion of the work, the incurring of the expense, or the conclusion of the circumstances in respect of which the claim is submitted. Allowance-Based On Headquarters The location of an officers's headquarters will determine which Division will apply to the officer. When travelling through different divisions, the officer should continue to be paid the appropriate allowance prescribed for the Division in which the officer's headquarters is located. Definitions - Geographical Boundaries Division I: The metropolitan area of Brisbane and the area within a radius of 80 kilometres of the GPO. Division II: All centres east or south of a line drawn from the coast south along the 149th meridian of east longitude to the 26th parallel of south latitude and then west along that parallel to the western border of the State excluding those centres in Division I. Residence To Headquarters Motor vehicle allowance is not payable in respect of the distance travelled from an officer's residence to the officer's headquarters and return. Division III: All centres west or north of a line drawn from the coast south along the 149th meridian of east longitude to the 26th parallel of south latitude and then west along thatparallel to the western border of the State. Directive No. 13/97
1y, 1997] QUEENSLAND GOVERNMENT GAZETTE, No. 77 1073 MOTOR VEHICLE ALLOWANCES 1. OFFICER PERFORMING OFFICAL DUTIES An officer required to use their private motor vehicle for official purposes shall be paid the appropriate rate prescribed hereunder - CATEGORY OF VEHICLE AMOUNT (CENTS PER KM) FIRST 8,000KM OVER 8,000KM AUTOMOBILES Over 2,000cc Division I • Division II • Division Ill 2,000cc and under Division 1 Division II • Division 111 MOTORCYCLES Over 250cc (all Divisions) 250cc and under (all Divisions) 50.3 27.0 52.9 29.2 54.5 31.5 46.8 26.6 49.1 28.6 50.7 31.4 20.1 10.8 18.7 10.6 .ZOTARY POWERED As for automobiles over 2,000cc ATEGORY AND CONDITIONS OF APPROVAL AMOUNT 2. RELIEVING OR SPECIAL DUTIES An officer required to use their private motor vehicle whilst performing relieving or special duty in respect the following situations shall be paid the appropriate rate prescribed opposite - • Officer not absent from normal headquarters overnight is required to commute daily to the relieving centre. Payment of the appropriate allowance in 1 above in respect of the additional distance travelled between the officer's residence and the relieving centre. Where the distance between the officer's residence and relieving centre is less than the distance between the officer's residence and the officer's normal headquarters, no allowance is payable. • Officer absent from normal headquarters overnight is required to travel from either the officer's residence or normal headquarters to the relieving centre. Payment of the appropriate allowance in 1 above for the forward and return journey and between centres where special or relieving duty is performed at more than one centre. 3. COURSES, SEMINARS ETC. An officer required to use their private motor vehicle to attend urse, seminar, conference, convention, etc. as an official t resentative. Payment of the appropriate allowance in 1 above in respect of the additional distance travelled between the officer's residence and the place of attendance. 4. OFFICER WHO CHOOSES TO USE THEIR PRIVATE MOTOR VEHICLE Where the approved means of travel is other than the use of an officer's private motor vehicle and the officer requests and is granted permission to use the officer's private motor vehicle, the allowance paid shall be as determined by the Chief Executive but shall not exceed the rates prescribed opposite. Where the distance between the officer's residence and the place of attendance is less than the distance between the officer's residence and the officer's normal headquarters, no allowance is payable. Automobiles - 26.6 cents per Km Motorcycles - 10.6 cents per Km The allowance paid shall not exceed the costs associated with the approved means of travel. Directive No. 13/97
2 July, 1999] QUEENSLAND GOVERNMENT GAZETTE, No. 70 1177 QUEENSLAND GOVERNMENT MINISTER FOR EMPLOYMENT, TRAI NING AND I N D UST RIAL CATIONS 1. TITLE: Motor Vehicle Allowances 2. PURPOSE: To prescribe the motor vehicle allowances payable to officers and employees specified in this directive when required to use a private motor vehicle for official purposes. 3. LEGISLATIVE PROVISION: Section 34(2) of the Public Service Act 1996. 4. APPLICATION: This directive applies to - • public service officers; and • temporary employees engaged under section 113(2)(a) of the PublicService Act. 1996. This directive does not apply to- general employees engaged under section 112(2)(a) of the PublicService Act 1996. • employees engaged on a casual basis under sections 112(2)(b) and 113(2)(b) of the Public Service Act 1996. 5. STANDARD : The amounts and entitlements prescribed in the Schedule apply. 6. EFFECTIVE DATE: This directive is to operate from 1 July 1999. 7. VARIATION: The provisions in the Schedule may be varied in accordance with certified agreements made under Chapter.6, Part 1 of the Industrial Relations Act1999 or decisions of an industrial tribunal of competent jurisdiction. 8. INCONSISTENCY: Sections 34 and 117 of the Public Service Act 1996 and section 687 of the Industrial Relations Act 1999 apply if there is a conflict with an act, regulation or industrial instrument. 9. SUPERSEDES : Directive 13/97 "Motor Vehicle Allowances" 10. PREVIOUS REFERENCES: Sections 63 and 68 of the Public Service Management and EmploymentRegulation1988 Determination No. 12 Circulars 4/98, 2194, 1/91 Administrative Instruction No. 1 1 69 Issued by the MINISTER FOR EMPLOYMENT, TRAINING AND INDUSTRIAL RELATIONS
1178 QUEENSLAND GOVERNN NT GAZETTE, No. 70 [2 July, 1999 SCHEDULE MOTOR VEHICLE ALLOWANCES GENERAL CONDITIONS Entitlement A public service officer or temporary employee engaged under section 1 13(2)(a) of the Public Service Act 1996 (referred to as an "employee" in this schedule) who uses his or her private motor vehicle to undertake official duties shall be paid a motor vehicle allowance as provided in this schedule for the distance necessarily and actually travelled. The amount of the allowance will depend upon the type of motor vehicle used and the location of the employee's headquarters. Financial year Allowances are based on the distance travelled during a financial year. Time limit on claims Without the approval of the chief executive a claim will not be paid unless it is submitted within 12 months - • of the date of completion of the work; or • the incurring of the expense; or • the conclusion of the circumstances leading to the claim. Chief executive authorisation The use of a private motor vehicle for official purposes must be authorised by the chief executive. Insurance Prior to authorisation, the following conditions are to be met - • the vehicle is to be covered by either a comprehensive motor vehicle insurance policy or a third party property damage insurance policy; and Allowance based on headquarters The location of an employee's headquarters determines which division applies to any claim made. When travelling through different divisions, the employee should continue to be paid the allowance prescribed for the division in which the employee's headquarters is located. Definitions - geographical boundaries Division I: The metropolitan area of Brisbane and the area within a radius of 80 kilometres of the GPO. the employee is to produce evidence that the insurance policy has been endorsed to indemnify the Queensland Government against certain liabilities at law. This is a standard endorsement available on request from all insurance companies. The department should refund any endorsement fees. Residence to headquarters Motor vehicle allowance is not payable for the distance travelled from an employee's residence to the employee's headquarters and return. Division II : All centres east or south of a line drawn from the coast south along the 149th meridian of east longitude to the 26th parallel of south latitude and then west along that parallel to the western border of the State excluding those centres in Division I. Division III: All centres west or north of a line drawn from the coast south along the 149th meridian of east longitude to the 26th parallel of south latitude and then west along that parallel to the western border of the State. Note : For guidance, the maps attached to DTIR circular number 4/98 of 6 April 1998 may continue to be used. However, the descriptions outlined above provide the definitive boundaries. Directive No. 21/99 Page 1 of 3
2 July, 19991 QUEENSLAND GOVERNMENT GAZETTE, No. 70 1179 MOTOR VEHICLE ALLOWANCES 1. EMPLOYEE PERFORMING OFFICIAL DUTIES An employee required to use his or her private motor vehicle for o fficial purposes shall be paid the appropriate rate prescribed hereunder - CATEGORY OF VEHICLE AMOUNT (CE NTS PER KM) FIRST 8,000KM OVER 8.000KM AUTOMOBILES Over 2,000cc Division I Division 11 Division III 2,000cc and under Division 1 Division II Division 111 MOTORCYCLES Over 250cc (all Divisions) 250cc and under (all Divisions) 50.3 27.0 52.9 29.2 54.5 31.5 46.8 26.6 49.1 28.6 50.7 31.4 20.1 10.8 18.7 10.6 ROTARY POWERED As for automobiles over 2.000cc CATEGORY AND CONDITIONS OF APPROVAL 2. RELIEVING OR SPECIAL DUTIES An employee required to use his or her private motor vehicle while performing relieving or special duty for the following situations shall be paid the appropriate rate prescribed opposite- An employee not absent from normal headquarters overnight who is required to commute daily to the relieving centre. ENTITLEMENTS Payment of the appropriate allowance in I above for the additional distance travelled between the employee's residence and the centre where the relief is being provided. No allowance is payable where the distance between the employee's residence and the centre (at which the employee is relieving) is less than the distance between the employee's residence and the employee's normal headquarters. • An employee absent from his or her normal headquarters overnight who is required to travel from either his or her residence or normal headquarters to the relieving centre. Payment of the appropriate allowance as in I above for the forward and return journey and between centres where special or relieving duty is performed at more than one centre. 3. COURSES, SEMINARS ETC. An employee required to use his or her private motor vehicle to attend a course, seminar, conference, convention, etc. as an official representative. Payment of the appropriate allowance as in I above for the additional distance travelled between the employee's residence and the place of attendance. No allowance is payable where the distance between the employee's residence and the place of attendance is less than the distance between the employee's residence and the employee's normal headquarters. Directive No. 21/99 Pagg 2 of 3
1180 QUEENSLAND GOVERNMENT GAZETTE, No. 70 [2 July, 1999 CATEGORY AND CONDITIONS OF APPROVAL ENTITLEMENTS 4. EMPLOYEES WHO CHOOSE TO USE THEIR PRIVATE MOTOR VEHICLES Where the approved means of travel is other than the use of Automobiles an employee's private motor vehicle; and 26.6 cents per km • the employee requests it; and motorcycles - 10.6 cents per km • is granted permission to use the his or her private motor vehicle, the allowance paid shall be as determined by the chief executive. This allowance shall not exceed the rates prescribed opposite. The allowance paid shall not exceed the costs associated with the approved means of travel. HT! Directive No. 21/99 Page 3 of 3
The Queensland Corrective Services Commission Commission's Rule Rule 40 Page 1 of-, SUBJECT: SPORT AND OTHER RECREATIONAL TYPE ACTIVITY AS AN APPROVED VOLUNTARY PROGRAM AUTHORITY: CORRECTIVE SERVICES ACT 1988, SS.59 & 60 1. Statement of Rule: Sporting activity and other recreational type activity as authorized by the General Manager of a prison shall be an approved voluntary program and prisoners receiving an accidental personal injury whilst participating in such a program shall have recourse to the provisions of Section 60 of the Corrective Services Act in respect to compensation for that injury. 2. Purpose: To facilitate the participation of prisoners in sporting and other recreational type activity and to provide an avenue for the discretionary payment of compensation in terms of the provisions of Section 60 of the Corrective Services Act in the event an accidental personal injury is received whilst participating in such activity. 3. Procedure: 3.1 The General Manager of a prison may specify the type of sporting and other recreational activities by an instrument in writing to be part of a program for the purposes of this Rule. 3.2 Selection of prisoners to participate in and conditions applying to the program shall be in accordance with the relevant Instrument of Delegation. 3.3 Remuneration rates applicable shall be in accordance with those which may from time to time be prescribed by Commission ' s Rule. Remuneration for such activity will be an integral part of the hygiene allowance payable to all prisoners. ./2
Commission's Rule Rule 40 Page 2 of 2 3.4 All expenses associated with a program shall be met from the relevant cost centre budget or at the prisoners own expense as determined by the General Manager. I, Peter Roylance , Secretary to The Queensland Corrective Services Commission, HEREBY CERTIFY that at a duly convened meeting of the Commission Board on 17 January , 1990 the Board , by resolution , made this Commission's Rule. Dated at Brisbane this eighteenth day of January, 1990. Peter Roylance Secretary to The Queensland Corrective Services Commission
The Queensland Corrective Services Commission Commission's Rule Rule 43 Page 1 of 2 Subject: Affirmative Action for Officers and Employees of the Queensland Corrective Services Commission Authority: Corrective Services (Administration) Act 1988 [s.20(2)] 1 . Statement 6f-Rule All officers and employees of The Queensland Corrective Services Commission shall be subject to the Affirmative Action policy prescribed by this rule. 2. Purpose To provide strict guidelines to be followed by officers and employees of The Queensland Corrective Services Commission with regard to discrimination, including discrimination against women, Aboriginals, Torres Strait Islanders, other ethnic groups, the disabled and the disadvantaged. 3. Procedures 3.1 The Queensland Corrective Services Commission commits itself to the elimination from its workplace of all forms of discrimination, including discrimination against women, Aboriginals, Torres Strait Islanders, other ethnic groups, the disabled and the disadvantaged. 3.2 The Commission supports and approves activities such as Affirmative Action which are designed to assist the above mentioned groups achieve equality in the workplace. It is the policy of this Commission to ensure these groups are able to compete equally at all levels. 3.3 The Commission utilises nondiscriminatory procedures relating to recruitment, selection, training and promotion. General conditions of service such as remuneration, superannuation and award provisions have been deliberately structured so as to avoid distinction based on gender, race, disability or the disadvantaged. 3.4 This rule applies to all officers and employees of The Queensland Corrective Services Commission and to all activities in which they are engaged in an official capacity.
The Queensland Corrective Services Commission Commission's Rule Rule 43 Page 2 of 2 3.5 In the event that an officer or employee of the Commission feels discriminated against, the normal grievance handling procedure should be utilised. It should be noted, however, that any officer or employee of the Commission reserves the right to contact directly the Manager (Personnel) if for whatever reason that officer or employee does not desire to follow the grievance handling procedure. The Manager (Personnel) can be contacted at the Commission's Central Office on telephone (07) 227 6742. 3.6 All parties involved in the complaint shall be given the greatest possible protection of privacy and the Personnel Branch shall keep a report on the incident on the personal file of the officer or employee. 3.7 In the event of a complaint being found to be valid or a violation of Commission policy is found to have occurred, disciplinary action will be taken. This action may involve other appropriate action such as the Commission deems fit. I, Peter Roylance, Secretary to The Queensland Corrective Services Commission, HEREBY CERTIFY that at a duly convened meeting of the Commission Board on 21 February, 1990 the Board, by resolution, made this Commission's Rule. Dated at Brisbane this twenty-sixth day of February, 1990. Peter Roylance Secretary to The Queensland Corrective Services Commission
QUEENSLAND CORRECTIVE SERVICES COMMISSION POLICY SUBJECT: AFFIRMATIVE ACTION AUTHORITY: Commission Rules No. 43 and 44 DEFINITION: AFFIRMATIVE ACTION: This term has the capacity to encompass a wide range of programmes to achieve equal employment'opportunites, including such opportunities for women, Aboriginals, Torres Strait Islanders, other ethnic groups, the disabled and the disadvantaged. Affirmative Action is based on the recognition and acceptance of the fact that it is not sufficient to make specific acts of discrimination unlawful. DISCRIMINATION : Any distinction, exclusion or preference which has the effect of nullifying or impairing equality of opportunity or treatment. 1. OBJECTIVE: To provide strict guidelines to be followed by employees of the Queensland Corrective Services Commission with. regard to all forms of discrimination, including discrimination against women, Aboriginals, Torres Strait Islanders, other ethnic groups, the disabled and the disadvantaged in the workplace. 2. BACKGROUND: On 22nd February, 1989, the Board approved a Policy on "Employment of Aboriginal and Islander Persons in the Queensland Corrective Services Commission". This policy requires quarterly reports to the Board on the implementation of the Policy. The policy objective calls for a target of 10% of all employees and agents of the Commission to be Aboriginal and Islander persons within three (3) years. The quarterly report to Board in August 1989 detailed a timetable of anticipated activity up to 30/6/93 designed to implement this policy.
3. COMMITMENTS : The Commission's commitment to affirmative action is represented by: a. The maintenance of Personnel Branch fully and appropriately staffed and funded b. The provision of a percentage of discretionary budget sufficient to maintain the commitment c. The appointment of an Affirmative Action Co- ordinator within Personnel Branch d. There will be targets set for the recruitment and selection of men, women, the disabled and the disadvantaged, in a similar fashion to those set for the recruitment of Aboriginals and Torres Strait I-slanders and other ethnic groups. 4. STRATEGY: Programs are to be based on the 8 (eight) steps set out below:- Distribution of a policy statement Appointment of an Affirmative Action Co-ordinator Consultations with trade unions Consultations with employees Statistical analysis of the Commission's workforce Review of personnel policies and practices Setting objectives and estimates Monitoring and evaluation procedures 5. POLICY: The Queensland Corrective Services Commission commits itself to the elimination from its workplace of all forms of discrimination, including discrimination against women, Aboriginals, Torres Strait Islanders, other ethnic groups, the disabled and the disadvantaged. The Commission supports and approves activities such as Affirmative Action which are designed to assist the above mentioned groups achieve equality in the workplace. In accordance with this policy, the Commission utilises nondiscriminatory procedures relating to recruitment, selection, training and promotion. General conditions of service such as remuneration, superannuation and award provisions have been deliberately structured so as to avoid distinction based on gender, race, disability or the disdavantaged. This policy applies to all employees of the Queensland Corrective Services Commission and to all activities in which they are engaged in an official capacity.
6. PROCEDURE: In the event that an employee of the Commission feels discriminated against, the normal grievance handling procedure should be utilised. It should be noted, however, that any employee of the Queensland Corrective Services Commission reserves the right to contact directly the Manager (Personnel) if for whatever reason that employee does not desire to follow the normal grievance handling procedure. The Manager (Personnel) can be contacted at the Commission's Central Office on telephone (07) 227 6742. All parties involved in the complaint shall be given the greatest possible protection of privacy and the Personnel Branch-shall keep a report on the incident on the personal file of the officer or employee. In the event of a complaint being found to be valid or a violation of Commission policy is found to have occurred, disciplinary action will be taken. This action may involve other appropriate action such as the Commission deems fit. 7. GUIDELINES: Clearly defined guidelines will be incorporated into the Human Resource Policy and Procedure Manual. APPROVED: 21 February 1990 by the Commission Board FOR REVISION: Secrea t to the Quserts'and Corrective Services Commission 2 6 FEB 1990
The Queensland Corrective Services Commission Commission's Rule Rule 44 Page 1 of 2 SUBJECT: Discrimination AUTHORITY: Corrective. Services (Administration) Act 1988 (s.20) 1. Statement of Rule All officers and employees of The Queensland Corrective Services Commission shall be subject to the Discrimination Policy prescribed by this rule. 2. Purpose To provide strict guidelines to be followed by officers and employees of The Queensland Corrective Services Commission with regard to discrimination in the workplace. 3. Procedures 3.1 This rule applies to all officers and employees of The Queensland Corrective Services Commission and to all activities in which they are engaged in an official capacity. 3.2 In accordance with this policy, the Commission utilises nondiscriminatory procedures relating to recruitment, selection, training and promotion. 3.3 In the event an officer or employee of the Commission feels discriminated against, the normal grievance handling procedure should be utilised. It should be noted, however, that any officer or employee of the Commission reserves the right to contact directly the Manager (Personnel) if for whatever reason that officer or employee does not desire to follow the normal grievance procedure. The Manager (Personnel) can be contacted at the Commission's Central Office on telephone (07) 227 6742. 3.4 All parties involved in the complaint shall be given the greatest possible protection of privacy and the Personnel Branch shall keep a report on the incident on the personal file of the officer or employee.
The Queensland Corrective Services Commission Commission's Rule Rule 44 Page 2 of 2 3.5 In the event of a complaint being found to be valid or a violation of Commission policy is found to have occurred, disciplinary action will be taken. This action may involve other appropriate action such as the Commission deems fit. I, Peter Roylance, Secretary to The Queensland Corrective Services Commission, HEREBY CERTIFY that at a duly convened meeting of the Commission Board on 21 February, 1990, the Board, by resolution, made this Commission's Rule. Dated at Brisbane this twenty-sixth day of February, 1990. Peter Roylance Secretary to The Queensland Corrective Services Commission
QUEENSLAND CORRECTIVE SERVICES COMMISSION POLICY SUBJECT: AFFIRMATIVE ACTION AUTHORITY: Commission Rules No. 43 and 44 DEFINITION: AFFIRMATIVE ACTION: This term has the capacity to encompass a wide range of programmes to achieve equal employment opportunities, including such opportunities for women, Aboriginals, Torres Strait Islanders, other ethnic groups, the disabled and the disadvantaged. Affirmative Action is based on the recognition and acceptance of the fact that it is not sufficient to make specific acts of discrimination unlawful. DISCRIMINATION: Any distinction, exclusion or preference which has the effect of nullifying or impairing equality of opportunity or treatment. 1 OBJECTIVE: To provide strict guidelines to be followed by employees of the Queensland Corrective Services Commission with regard to all forms of discrimination, including discrimination against women, Aboriginals, Torres Strait Islanders, other ethnic groups, the disabled and the disadvantaged in the workplace. 2. BACKGROUND: On 22nd February, 1989, the Board approved a Policy on "Employment of Aboriginal and Islander Persons in the Queensland Corrective Services Commission". This policy requires quarterly reports to the Board on the implementation of the Policy. The policy objective calls for a target of 10% of all employees and agents of the Commission to be Aboriginal and Islander persons within three (3) years. The quarterly report to Board in August 1989 detailed a timetable of anticipated activity up to 30/6/93 designed to implement this policy.
3. COMMITMENTS: The Commission's commitment to affirmative action is represented by: a. The maintenance of Personnel Branch fully and appropriately staffed and funded b. The provision of a percentage of discretionary budget sufficient to maintain the commitment c. The appointment of an Affirmative Action Co- ordinator within Personnel Branch d. There will be targets set for the recruitment and selection of men, women, the disabled and the disadvantaged, in a similar fashion to those set for the recruitment of Aboriginals and Torres Strait Islanders and other ethnic groups. 4. STRATEGY: Programs are to be based on the 8 (eight) steps set out below:- Distribution of a policy statement Appointment of an Affirmative Action Co-ordinator Consultations with trade unions Consultations with employees Statistical analysis of the Commission's workforce Review of personnel policies and practices Setting objectives and estimates Monitoring and evaluation procedures 5. POLICY: The Queensland Corrective Services Commission commits itself to the elimination from its workplace of all forms of discrimination, including discrimination against women, Aboriginals, Torres Strait Islanders, other ethnic groups, the disabled and the disadvantaged. The Commission supports and approves activities such as Affirmative Action which are designed to assist the above mentioned groups achieve equality in the workplace. In accordance with this policy, the Commission utilises nondiscriminatory procedures relating to recruitment, selection, training and promotion. General conditions of service such as remuneration, superannuation and award provisions have been deliberately structured so as to avoid distinction based on gender, race, disability or the disdavantaged. This policy applies to all employees of the Queensland Corrective Services Commission and to all activities in which they are engaged in an official capacity.
6. PROCEDURE: In the event that an employee of the Commission feels discriminated against, the normal grievance handling procedure should be utilised. It should be noted, however, that any employee of the Queensland Corrective Services Commission reserves the right to contact directly the Manager (Personnel) if for whatever reason that employee does not desire to follow the normal grievance handling procedure. The Manager (Personnel) can be contacted at the Commission's Central Office on telephone (07) 227 6742. All parties involved in the complaint shall be given the greatest possible protection of privacy and the Personnel Branch shall keep'a report on the incident on the personal file of the officer or employee. In the event of a complaint being found to be valid or a violation of Commission policy is found to have occurred, disciplinary action will be taken. This action may involve other appropriate action such as the Commission deems fit. 7. GUIDELINES: Clearly defined guidelines will be incorporated into the Human Resource Policy and Procedure Manual. APPROVED: 21 February 1990 by the Commission Board FOR REVISION : Secreth5 to i4,e Queensland Corrective Services Commission 26FEB1990
The Queensland Corrective Services Commission Commission's Rule Rule 45 Page 1 of 2 Subject ' Warning and Order to a Group of Prisoners - Unlawful Assembly Authority Corrective Services Act 1988, ss.44 and 92(6)(a) 1. Statement-of Rule A group of 3 or more prisoners who are behaving in a tumultuous manner shall, if it is practicable to do so, be warned that they constitute an unlawful assembly. 2. - Pu ose In circumstances where it is practicable to do so, to give a prisoner taking part in an unlawful assembly the opportunity to desist or disassociate from that assembly. 3. Procedure 3.1 Where a custodial correctional officer believes on reasonable grounds that 3 or more prisoners who are assembled with intent to carry out some common purpose are conducting themselves in such a manner that they will tumultuously disturb the peace or will provoke other prisoners to do so, that officer shall, where practicable, verbally warn the prisoners their actions constitute an unlawful assembly and order they discontinue their actions, forthwith. 3.2 Where a warning and an order is given in accordance with this rule - (a) they shall be given in a clear and audible manner within reasonable hearing distance of the prisoners and if readily accessible, using amplification equipment; and (b) the warning, order and subsequent behaviour of the prisoners immediately after the warning and order are given shall, where practicable, be recorded by means of sound, visual or audio visual recording equipment.
The Queensland Corrective Services Commission Commission's Rule Rule 45 Page 2 of 2 3.3 A sound, visual or audio visual recording made under this rule shall be taken into custody until investigations or proceedings to which it may be relevant are concluded. KEITH HAMBURGER Director-General of Corrective Services and Authorized Delegate 23 February, 1990
The Queensland Corrective Services Commission Commission' s Rules Rule 46 Page I of 2 Subject Warning and Order to Unlawful Assembly of Prisoners - Riot Authority Corrective Services Act 1988, ss. 44 and 92(6)(b) 1. Statement of Rule An unlawful assembly of prisoners conducting themselves in a tumultuous manner shall, if it is practicable to do so, be warned that their behaviour constitutes a riot. 2. Purpose In circumstances where it is practicable to do so, to give a prisoner taking part in a riotous assembly the opportunity to desist, or disassociate from that assembly. 3. Procedure 3.1 Where a custodial correctional officer believes on reasonable grounds that an assembly of prisoners is unlawful and has begun to behave in so tumultuous a manner as to disturb the peace, that officer shall, where practicable, verbally warn the prisoners their actions constitute a riot, and order they discontinue their behaviour, forthwith. 3.2 Where a warning and an order is given in accordance with this rule - (a) they shall be given in a clear and audible manner within reasonable hearing distance of the prisoners and, if readily accessible, using amplifying equipment; and (b) the warning, order and subsequent behaviour of the prisoners immediately after the warning and order is given, shall, where practicable, be recorded by means of sound, visual or audio visual recording equipment.
The Queensland Corrective Services Commission Commission's Rule Rule 46 Page 2 of 2 3.3 A sound , visual or audio visual recording made under this rule shall be taken into custody until investigations or proceedings to which it may be relevant are concluded. e KEITH HAMBURGER Director-General of Corrective Services and Authorized Delegate 23 February, 1990
The Queensland Corrective Services Commission Commission's Rule Rule 47 Page I of 2 SUBJECT: PERSONAL DEVELOPMENT AND LIFE SKILLS TYPE COURSES AS APPROVED COMPULSORY PROGRAMS AUTHORITY: CORRECTIVE SERVICES ACT 1988, SS.59 and 60 1. Statement of Rule: Personal development and life skills type courses as authorised by the General Manager of a prison or the Manager of a Community Corrections Centre shall be approved compulsory programs and prisoners receiving an accidental personal injury whilst participating in such programs shall have recourse to the provisions of Section 60 of the Corrective Services Act in respect to compensation for that injury. 2. Purpose: To facilitate the participation of prisoners in personal development and life skills type courses and to provide an avenue for the discretionary payment of compensation in terms of the provisions of Section 60 of the Corrective Services Act in the event an accidental personal injury is received whilst participating in such activity. 3. Procedure: 3.1 The General Manager of a prison or the Manager of a Community Corrections Centre may specify the type of personal development and life skills courses by an instrument in writing to be part of a program for the purposes of this Rule. 3.2 Selection of prisoners to participate in and conditions applying to the program shall be in accordance with the relevant Instrument of Delegation.
The Queensland Corrective Services Commission Commission's Rule Rule 47 Page 2 of 2 3.3 Remuneration rates applicable shall be in accordance with those which may from time to time be prescribed by Commission's Rule. Remuneration for such activity will be an integral part of the amenities allowance payable to all prisoners. 3.4 All expenses associated with a program shall be met from the relevant cost centre budget or at the prisoners own expense as determined by the General Manger of a prison or the Manager of a Community Corrections Centre. KEITH HAMBURGER Director-General 23 February 1990
The Queensland Corrective Services Commission Commission's Rule SUBJECT: Prisoners' Mail Rule 55 Page 1 of 2 AUTHORITY: Corrective Services Regulations 1989 (rr. 7, 8, 9 & 10) .1. Statement-of Rule: - Mail from/to a prisoner to/from a person referred to in Regulation 8(1) of the Corrective Services Regulations 1989 shall not be subject to any form of censorship as provided for in Regulation 7, save with the prior written permission of the Director-General or the Deputy Director-General. 2. Purpose: To ensure absolute confidentiality of communication between a prisoner and a person (defined in this rule as a "designated person") referred to in Regulation 8(1). 3. Procedure: 3.1 Mail to/from a prisoner to/from a designated person shall not be subject to any form of censorship as provided for in Regulation 7, unless the prior written permission of the Director-General or the Deputy Director-General has been obtained. 3.2 Addressing of an envelope by a prisoner to a designated person either by name and/or title shall be sufficient prima facie evidence to allow the processing of that mail without censorship of the contents . Envelopes and contents shall be sealed by the prisoner without the need for the presence of any officer of the Commission and shall be processed unopened. 3.3 Where, from the sealed envelope, mail addressed to a prisoner can be clearly established as originating from a designated person, such indication shall be sufficient prima facie evidence of its origin to allow issue of the sealed envelope to the prisoner without censorship. 3.4 Such sealed envelopes shall be issued to the prisoner unopened. At the discretion of the General Manager , the prisoner may be required to open the sealed envelope in the presence of an officer to ensure the prisoner does not come into possession of contraband . Care shall be taken to ensure that the contents of the letter remain confidential to the prisoner.
The Queensland Corrective Services Commission Commission's Rule Rule 55 Page 2 of 2 3.5 Where requested by a prisoner, blue or pink envelopes shall be issued to allow a prisoner to correspond with a designated person. 3.6 All blue and pink (Official Visitor) envelope mail shall be processed at the expense of the Commission. 3.7 ` All-mail received from a designated person for a prisoner who has been transferred to another prison or community corrections centre shall be onforwarded unopened to that other prison or community corrections centre without delay. 3.8 All mail received from a designated person for a person who has been discharged from a prison or community corrections centre shall, where a current address is known, be onforwarded to that address, or where a current address is unknown, returned to the sender with an indication the person has been discharged, escaped, etc. and the present whereabouts are unknown. KEITH HAMBURGER Director-General 2 July, 1990
The Queensland Corrective Services Commission Commission's Rule Rule 60 Page 1 of 1 SUBJECT: Designation of persons to receive exemption from contraband searches in prisoners' mail AUTHORITY : Corrective Services Regulations 1989 ( r..8(1)(o)) 1. Statement _ of Rule: - The chairman of the Human Rights Commission and the chairman of the Criminal Justice Commission shall be designated persons for the purposes of exclusion from search for contraband pursuant to Regulation 8(1)(o). 2. Purpose: To define the abovementioned persons as Commission nominees to be added to the list of persons exempt from contraband searches in prisoner ' s mail under the provisions of Regulation 8(1)(o) of the Corrective Services Regulations 1989. 3. Procedure: 3.1 Hereafter, the chairman of the Human Rights Commission and the chairman of the Criminal Justice Commission shall be accorded exemption from letter and parcel contraband searches in respect of communications to or from a prisoner. I, Donald Howard Willis, Acting Secretary to The Queensland Corrective Services Commission HEREBY CERTIFY that at a duly convened meeting of the Commission Board on 21 November, 1990, the Board, by resolution - (a) made this Commission's Rule; and (b) approved al of the Commission be affixed to this rule. D.H. Willis Acting Secreta Corrective Services Com`nussion
THE QUEENSLAND CORRECTIVE SERVICES COMMISSION COMMISSION'S RULE Rule 62 Page 1 of 3 Subject : Issue of Travel Vouchers Authority : Corrective Services Act 1988-1990 [S.84 (b)] 1. Statement of Rule A prisoner on discharge or on release on parole may be issued with a voucher to travel to his place of arrest, employment or home in accordance with the procedure set out below. 2. Purpose To facilitate the repatriation of prisoners on discharge or on release on parole. 3. Procedure (a) A prisoner requesting a travel voucher is to make written application on the form provided stating reasons for travel to destination nominated. (Sample attached - Appendix A) (b) In listing cash assets the administration area should also make reference to any readily accessible funds not directly held in a prison trust account, i.e. Savings Bank or Building Society Passbook, card-controlled Savings Account or Cheque Account., These private external funds can be considered when determining eligibility and contribution amount. (c) If the applicant is an Aboriginal or Islander who wishes to return to his home community, close liaison must be maintained with the Department of Community Services and other allied support groups. Where overnight accommodation is involved, arrangements for same should be arranged prior to discharge.
THE QUEENSLAND CORRECTIVE SERVICES COMMISSION COMMISSION'S RULE Rule 62 Page 2of3 (d) Approval to issue travel vouchers is as per delegations approved by the Director-General i.e. General Manager or Manager (Administration and Finance). (e) Travel is to be by the most economical method and this includes travel by means of rail, road and air. In determining the cheapest form of travel, consideration is to be given to the age and health or physical condition of the prisoner and costs likely to be incurred during travel i.e. meals. (f) Where prisoner has readily realisable cash assets as listed in (b) above, the Approving Officer, as per the delegated authority, must determine whether or not the prisoner is in a position to pay for his own travel arrangements. If the prisoner is not in a position to pay full cost of travel, the Approving Officer is to decide if a part contribution toward cost is to be made and if so, the extent of the contribution. In making determination in this area no account is to be taken of any Special Benefit payment to which the prisoner may become eligible on discharge. (g) Vouchers may be issued to place of residence, arrest or prospective employment within reason and are not restricted to within the State. (h) The issue of travel vouchers should be finalised prior to or at discharge. However reasonable requests following discharge should be considered. It is therefore essential, that all prisoners are made aware of this time limitation. Travel arrangements should be deferred no more than seven days from day of discharge and in most instances should be availed of within three days of discharge.
THE QUEENSLAND CORRECTIVE SERVICES COMMISSION COMMISSION'S RULE Rule 62 Page 3of3 Sentenced and remand prisoners are eligible for travel warrants. There is to be no limitation as to the number of warrants issued. The only criteria is the prisoner's ability or otherwise to repatriate himself on discharge. (k) The Commission will accept no responsibility for any cost associated with excess luggage or other property. This is the sole responsibility of the prisoner. (1) In the event of tickets once issued no longer being required they must be returned immediately for cancellation and refund or the source of issue. KEITH HAMBURGER Director General 14 November 1990
Appendix A To Commission ' s Rule 62 APPLICATION FOR ISSUE OF TRAVEL VOUCHER Name :............................................................................................. Due Date Discharge: / / Length of Sentence: .............. make application for the issue of a travel voucher to return to ........................................... on discharge for the following reasons:- ................................................................................................. ................................................................................................. .................................................................................................. Signature: .................................... Date: Administration: Balance Private Cash Cost of Fare by ........................................................... Other (including private resources) Signature: .................................... Date: Correctional Counsellor - ( primarily in case of aboriginals and islanders wishing to return to aboriginal commu)ity). Has contact with Department of Community Services or other relevant support groups re return to he been established TES/NC Is transit accommodation needed YES/NC Has transit accommodation been arranged YES/NC Other conments ................................................................................. Signature: .................................... Date: Apcrovin9 Officer Travel voucher' to ......................................... by means of ........................ is/is not approved. Prisoners contribution is to be ............................................ Signature: Date: / / Accounts I agree to contribute the amount of S ................ from my .................................. account towards travel costs. Signature: ................................... Date:
The Queensland Corrective Services Commission Commission's Rule Rule 65 Page 1 of 2 SUBJECT: Work Activities associated with the Development of Shaftesbury Campus as an Approved Voluntary Program . AUTHORITY:.._ _. Corrective Services Act 1988-1990 -[ss. 59, 60 and 61] 1. Statement of Rule: Work activity, as authorised by the Manager of Maconochie Lodge Community Corrections Centre for the development of the Shaftesbury Campus, shall be an approved voluntary program and prisoners receiving an accidental injury whilst participating in such a program shall have recourse to the provisions of Section 60 of the Corrective Services Act 1988-1990 in respect to compensation for that injury. 2. Purpose: To facilitate the participation of prisoners in work activity at the Maconochie Lodge Community Corrections Centre and to provide an avenue for the discretionary payment of compensation in the event of accidental personal injury whilst participating in such activity. 3. Procedure: 3.1 The Manager of the Community Corrections Centre may specify the type of work activity to be part of the program by an instrument in writing for the purpose of this Rule. 3.2 Selection of prisoners to participate in the program shall be made by the Commission. 3.3 Remuneration rates shall be as directed by the Director-General or his nominated officer in accordance with Commission's Rule No.29 or future variations to that rule.
The Queensland Corrective Services Commission Commission's Rule Rule 65 Page 2 of 2 I, Donald Howard Willis, Acting Secretary to The Queensland Corrective Services Commission , HEREBY CERTIFY that at a duly convened meeting of the Commission Board on 25 January , 1991 , the Board by resolution - (a) made this Commission ' s Rule; and ( b) approved the common seal of the Commission be affixed to this rule. Dated at Brisbane this tw nty-i f day of January, 1991. a D.H. Willis `'' Acting Secretary to The ue Corrective Services Commission
THE QUEENSLAND CORRECTIVE SERVICES COMMISSION Commission's Rule Rule 70 Page 1 of 1 SUBJECT: Prescription of Half-Way House at 257 Little Spence Street, Cairns as an "institution" for the transfer of prisoners AUTHORITY:, Corrective Services Act 1988-1990 [s.69(l)(g)] 1. Statement of Rule The Half-Way House at 257 Little Spence Street, Cairns shall be an "institution" for the purposes of s.69 of the CorrectiveServicesAct1988-1990. 2. Purpose To provide for the transfer of prisoners to the Half-Way House at 257 Little Spence Street, Cairns. 3. Procedure It is hereby prescribed that the Half-Way House at 257 Little Spence Street, Cairns shall be an "institution" for the purpose of s.69 of the CorrectiveServicesAct1988-1990. KEITH HAMBURGER Director-General ,_^ February 1991
THE QUEENSLAND CORRECTIVE SERVICES COMMISSION Commission's Rule Rule 71 Page 1 of 1 SUBJECT : Community Service work performed by prisoners residing at the Kennigo Community Corrections Centre AUTHORITY: Corrective Services Act 1988-1990 (ss. 59; 60; 61(1)); and Commission's Rule 63 Statement of Rule Community Service work performed by prisoners residing at the Kennigo Community Corrections Centre, shall be an approved compulsory program. 2. Purpose To facilitate the participation of prisoners residing at the Kennigo Community Corrections Centre in Community Service work and to provide an avenue for the discretionary payment of compensation pursuant to Section 60 of the Corrective Services Act1988-1990. 3. Procedure Prisoners residing at the Kennigo Community Corrections Centre shall engage in Community Service work at the direction of the Regional Manager - Metropolitan Region. . Subject to Section 59(5), (6), (7) of the Corrective Services Act1988-1990 each prisoner shall receive remuneration at the rate of two dollars per working day. The payment of remuneration shall be borne by the cost centre under the control of the Regional Manager - Metropolitan Region. KEITH HAMBURGER Director-General 25 February 1991
The Queensland Corrective Services Commission Commission's Rule Rule 72 Page 1 of 1 Subject: Register of Ministerial Directions Authority: Corrective Services (Administration) Act 1988-1990 - Sections 20 and 23; Commission Board Policy Decision - 17 April 1991 1. Statement of Rule A register entitled "Register of Ministerial Directions", listing particulars of written directions received from the Honourable the Minister, shall be created and maintained. 2. Purpose To record and facilitate the implementation and observance of written Ministerial directions. 3. Procedure All written directions by the Minister shall be tabled by the Secretary to the Commission Board meeting following receipt of such directions after consultation with the Chairman. The Secretary shall retain the Register and cause the particulars of any such written directions to be entered therein. I, Peter Roylance, Secretary to The Queensland Corrective Services Commission, and duly authorized in that behalf, HEREBY CERTIFY that at a duly convened meeting of the Commission Board on 22 May 1991, the Board, by resolution - (a) made this Commission ' s Rule; and (b) approved the common seal of the Commission be affixed to this rule. Dated at Brisbane this twenty-second day ,of May., 1991. r e cer rsuyiance .X Secretary to The Queenslan Corrective Services Comm on v.'c.
The Queensland Corrective Services Commission Commission's Rule Rule 74 Page 1 of 1 Subject Declaration of Wathanin Outstation, Aurukan as an institution for, the purposes of the Corrective Services Act 1988-1990 Authority Queensland Corrective Services Act, 1988-1990(s.69(1)(g)) 1. Statement of Rule Wathanin Outstation, Aurukun, is an institution to which prisoners may be transferred in conformance with the Corrective Services Act 1988-1990. 2. Purpose To provide a centre at Aurukun for transferring prisoners to undertake approved programs. 3. Procedure 3.1 Wathanin Outstation shall be an institution in terms of Section 69(1)(g) of the Corrective Services Act 1988-1990, to which prisoners may be transferred subject to conditions prescribed by Rule for 'such transfers. 3.2 The Regional Manager, Northern Region, shall be responsible within the Queensland Corrective Services Commission for liaison with the management of the place, and for supervision of prisoners transferred to the place. 3.3 The institution may provide accommodation for prisoners released from prisons under sections 61 and 86 of the Corrective Services Act 1988- 1990. , , 1, , L .'--D31, I
Department of Corrective Services Corrective Services Rule Rule: 237 Page 1 of 1 SUBJECT: Offender Remuneration Payments and Rates AUTHORITY: Corrective Services Act 1988, Section 59 Corrective Services (Administration) Act 1988, Section 20 Corrective Services Act 1988 Sections 61 (1)(a)(b) 1. Purpose of Rule: To provide a fair and consistent method and rate of remuneration for all offenders participating in approved programs, including offenders transferred to places prescribed by rule to participate in the Work Outreach Camps (WORC) Program. To provide unemployed offenders placed in community custody with funds pay for hygiene items and public transport costs and to remunerate the employed offenders working within the institution. 2. Requirements of Rule: The remuneration of prisoners must be in accordance with the principles and rates of payment in accordance with the Policy and Procedures attached to this rule. Executive Directors are to ensure that this rule is distributed within their areas of responsibility, and the Policies and Procedures replace any previous procedure on this topic. I, F J Peach, Director-General, Department of Corrective Services, make this Corrective Services Rule. Dated at Brisbane, this a 0 Day of 2000. F J Peach Director-General Department of Corrective Services
Queensland Government DEPARTMENT OF CORRECTIVE SERVICES POLICY - OFFENDER REMUNERATION PREFACE INFORMATION Version : 01 Date of Approval : Jul 00 Date of Review : Jul 01 Directorate/Unit : Policy and Program Services Application : Custodial and Community Corrections Availability : Public POLICY STATEMENT Offenders placed in secure custody who are participating in approved programs including work, education and other programs aimed at correcting offending behaviour are entitled to fair and consistent remuneration. Offenders placed in the Work Outreach Camp (WORC) Program, Community Corrections Centres and Community Placement Centres are entitled to receive funds to pay for hygiene items and public transport costs. FJIS ach Director - General LINKS Procedures - Offender Remuneration Payments and Rates Page 1 of 1 Page
Department of Corrective Services Corrective Services Rule Rule: 238 Page 1 of 1 SUBJECT : Amenities Allowance AUTHORITY : Corrective Services (Administration) Act 1988, Section 20 (1) 1. Purpose of Rule: To provide funds for offenders to purchase items for personal use. 2. Requirements of Rule: To ensure all offenders in secure or open custody are provided with an Amenities Allowance, exceptthose under community corrections jurisdiction and those receiving a Amenities Pack on remand or initial reception in accordance with the Policy and Procedures attached to this rule. Executive directors are to ensure that this rule is distributed within their areas of responsibility, and the Policies and Procedures replace any previous procedure on this topic. 1, F J Peach, Director-General, Department of Corrective Services, make this Corrective Services Rule. Dated at Brisbane , this / Day of J ^ 2000. \IL-i- F J Peach Director-General Department of Corrective Services
Queensland Government DEPARTMENT OF CORRECTIVE SERVICES PROCEDURE - AMENITIES ALLOWANCE PREFACE INFORMATION Version: 01 Date of Approval : Jul 00 Date of Review: Jul 01 Directorate/Unit : Policy and Program Services Application : Custodial Availability : Public Subject : Amenities Allowance Authority : Corrective Services (Administration) Act 1988, Section 20(1). 1. Purpose To provide funds for offenders to purchase items for personal use. 2. Process 2.1 The Amenities Allowance is not payable in the first two weeks to those offenders on remand or initial reception. These offenders shall receive an Amenities Pack upon reception consisting of: Female offenders: 1 comb, 1 cake of soap, 2 disposable razors, 1 tube toothpaste, 1 toothbrush, 1 bottle of shampoo. Male offenders: 1 comb, 1 cake of soap, 1 shave soap, 4 disposable razors, 1 tube toothpaste, 1 toothbrush, 1 bottle of shampoo. 2.2 Where it is indicated that an item is not appropriate to the needs of an individual prisoner, the General Manager will have discretion to substitute another item of similar value according to individual need. Page 1 of 2 Pages
2.3 Sanitary items shall be made available free of charge to female offenders as required, both upon initial reception and during placement. 2.4 Offenders on remand or initial reception without additional access to personal funds, shall be permitted to purchase items not in the Amenities Pack on credit up to $20.00 Such debt shall be repaid by the prisoner to the Commission as soon as funds become available to him/her. 2.5 The Amenities Allowance rate is $9.27 per prisoner per week. 2.6 Payments shall be authorised by General Managers exercising powers of approval in accordance with procedures outlined in the Financial Management Practices Manual. Appendices and Forms F J Pesch Director - General LINKS Related Procedure Offender Remuneration Rates and Payments Financial Management Procedure Page 2 of 2 Pages
Queensland Government DEPARTMENT OF CORRECTIVE SERVICES PROCEDURE - OFFENDER REMUNERATION PAYMENTS AND RATES PREFACE INFORMATION Version : 01 Date of Approval : Jul 00 Date of Review: Jul 01 Directorate/Unit : Policy and Program Services Application : Secure Custody, Open Custody, Community Custody including WORC Availability : Public Subject : Offender Remuneration Payments and Rates Authority : CorrectiveServicesAct1988 Section 59 Corrective Services (Administration)Act, 1988 Section 20 Corrective Service Act 1988 Section 61 (1) (a) (b) 1. Purpose To provide a fair and consistent method and rate of remuneration for all offenders participating in approved programs, including offenders transferred to participate in the Work Outreach Camps (WORC) Program. To provide unemployed offenders placed in community custody with funds to pay for hygiene items and public transport costs and to remunerate the employed offenders working within the institution. 2. Principles 2.1 The Prisoner Remuneration Policy and Procedure will be reviewed annually and that the Consumer Price Index (CPI) for the year ending in the March Quarter is the basis for adjustment of remuneration rates. Page 1 of 7 Pages
3. Process Secure Custody 3.1 Remuneration Rates 3.1.1 Offenders shall only receive remuneration for approved programs, including work. 3.1.2 Each position shall attract a Base Rate of remuneration and may attract an Incentive Bonus. 3.1.3 The Base Rate of remuneration for each position shall be determined by development and analysis of a Position Description and an evaluation utilising Appendix 1 to this Procedure in terms of: experience and knowledge required; level of responsibility/trust /initiative required level of skill and ability required; and level of supervision. 3.1.4 Base Rates and Incentive Bonuses shall be paid as follows for each level: Level Base Rate Incentive Bonus Level 1 $2.11 Level 2 $2.73 Level 3 $3.41 Level 4 $4.11 Unemployment allowance (maximum 5 days per week) $1.26 OVERALL CEILING $57.54 (Level 4 + incentive) Up to 100% of base rate. Up to 100% of base rate Up to 100% of base rate Up to 100% of base rate 3.1.5 The Position Description and associated Base Rate of remuneration must be approved by the person in charge of the facility, or other delegate. 3.1.6 Where there is reasonable belief that a prisoner has not fulfilled the basic requirements of the position as described in the Position Description, an authorised delegate may order that the prisoner is paid at a lower Base Rate for the relevant period. Where the delegate orders that a prisoner be paid at a lower base rate, the reasons for the decision are to be recorded and advised to the prisoner. Page 2 of 7 Pages
3.1.7 Incentive Bonuses maybe awarded to offenders working in approved departmental Industries, on the basis of a weekly evaluation. These Incentive Bonuses will be in addition to Base Rates and may be paid either to individuals or groups of offenders based on achievement of the following: • deadlines; • additional productivity targets; • punctuality requirements; and • conscientious attitude and behaviour. 3.1.8 Incentive Bonuses are given at the absolute discretion of the person in charge of the facility, or delegate, and are a reward for achievement in the above areas over and above requirements for Base Rates. They will be recommended by the Program Supervisor and approved by the person in charge of the facility or delegate. 3.1.9 Where Incentive Bonuses are being paid to a team of workers, in exceptional circumstances the Program Supervisor may order that the Bonus be increased or decreased for a particular worker based on individual performance. Written justification must be provided for such adjustments. 3.1.10 No Incentive Bonuses will be paid to offenders involved in educational programs except where that prisoner is a tutor or program leader. 3.1.11 Incentive Bonuses would not normally be paid to service workers, except where there is an industry attached to the work area (eg a catering industry in a kitchen) or where these workers form an integral part of a work team (eg a unit cook for laundry workers unit). 3.1.12 No prisoner shall be paid more than $57.54 per week, or $230.15 aggregate over a four week period, in remuneration, inclusive of incentive Bonuses and exclusive of the Amenities Allowance or other Allowances. 3.1.13 The Unemployment Allowance shall be paid to offenders who are temporarily or permanently medically unfit for work (a Medical Certificate or Doctor's opinion must be provided); for whom a work position is not available (including those on Special Treatment orders); or on remand (see clause 3.1.16) unless they are in receipt of a higher rate of remuneration for work performed. 3.1.14 Offenders may be dismissed from a workshop/program by the Work Supervisor after consultation with the Sentence Management Co- ordinator and shall receive no remuneration from the date employment ceases until and unless they are subsequently re-employed. The reasons for dismissal are to be recorded and advised to the prisoner. Page 3 of 7 Pages
3.1.15 Offenders who refuse to work shall not receive an Unemployment Allowance nor any remuneration. 3.1.16 Offenders on remand are not required to work and where they do not work will be eligible for an Unemployment Allowance. Where remand offenders choose to work they will be paid in accordance with this Procedure. 3.1.17 A prisoner may be granted, subject to consultation by the Sentence Management Committee with the prisoner's Program Supervisor, a maximum of two (2) half days off work per week to attend other approved programs, provided that these programs have been identified as essential to the prisoner's sentence management plan, without forfeiting remuneration. Incentive Bonuses for, these periods of time will be at the Work Supervisor's discretion. Cost centre responsibility for payment of the prisoner for the time spent outside their primary work location shall be as determined by the person in charge of the facility. 3.2 Employment Profiles 3.2.1 Each work area shall have an approved Employment Profile which sets out the number of positions available in the area and what level of remuneration is applied to each of those positions. 3.2.2 Where a Supervisor believes that a prisoner has performed above required standards, they may not approve Base Rate payments above the level of that position as the integrity of the Employment Profile must be preserved. A prisoner may only be promoted to a higher level of remuneration when an appropriately classified position becomes available. The person in charge of the facility may however, approve an increase in individual Incentive Bonuses for this purpose. 3.2.3 Where Employment Profiles require adjustment within a centre or program and the net effect will be no increase in the centre/program's budget, then adjustments may be approved by the person in charge of the facility with the concurrence of the Director, Planning. 3.2.4 Where a centre/program's Employment Profile requires an increase in the number of positions due to establishment of a new industry/program, this information shall be included in a Business or Program Plan and submitted to the relevant Director (Custodial or Community Corrections) for approval. 3.2.5 Where a centre/program's - actual Employment Profile decreases, these positions may be kept in reserve and utilised at the discretion of the person in charge of the facility. Page 4 of 7 Pages
3.2.6 Positions for offenders participating in approved full-time educational programs as part of their sentence management plan will form part of a centre's Employment Profile. They may be remunerated on a progressive basis starting at Level 1 and eventually promoting through to Level 3 provided that attendance, study and examination requirements are met. 3.3 Management of Remuneration System 3.3.1 Each prisoner shall complete an Attendance Sheet, or utilise whatever means as directed by the person in charge of the facility, to record .movement in and out of work areas. Such timesheets etc, shall be utilised to calculate payments to offenders and shall be co-signed by the Program Supervisor. 3.3.2 Remuneration must be paid at least weekly to all offenders entitled to its receipt. 3.3.3 Incentive Bonuses shall be paid at least monthly provided that standards as set out in clause 3.1.7 are achieved. Program Supervisors may order that individual offenders not be paid productivity bonuses applied to groups if that individual is not deemed to have performed adequately. Any decision to withhold payment of an Incentive Bonus shall be documented. 3.3.4 Offenders shall be paid at their normal Base Rate of remuneration for public holidays which fall on a normal work day for that work area even if work is not performed. Incentive Bonuses for that day shall only be applied if work is performed on that day. 3.3.5 Offenders shall not be paid for shifts where they participate in prisoner strikes (that is, withdrawal of labour) and shall not receive Incentive Bonuses. 3.3.6 Where offenders' work is affected by industrial action by officers or employees of the Commission; the diversion of officers to other custodial duties, or machinery breakdowns, remuneration shall be paid in accordance with clause 3.3.4. 3.3.7 The person in charge of the facility shall closely monitor prisoner working hours , particularly where offenders are working double shifts, to ensure levels of noise , heat, physically demanding work and excessive , continuous hours do not have negative health or safety ramifications . The person in charge of the facility is to ensure that all relevant provisions of workplace health and safety legislation are complied with at all times. 3.3.8 Offenders shall not be permitted to work double shifts where there are other offenders within the centre who are not employed through a lack of work availability. Page 5 of 7 Pages
3.4 Review of Rates Remuneration rates shall be reviewed by the Director General annually and if applicable, adjusted in line with the Consumer Price Index (CPI) for the year ending in the March Quarter. 3.5 Definitions 3.5.1 Work Area - includes any workshop, program or location where offenders are participating in approved programs, including work. 3.6 Community Custody and Community Placement Centres . Rate Section 69 prisoner specifically transferred to engage in work $ 8.78 Unpaid Section 61 prisoner and offenders transferred to Community Placement Centres (paid $ for essential hygiene items, $ for transport costs) $ 41.35 Unemployed Section 69 prisoner (for essential hygiene items) $ 19.64 3.6.1 Payments shall be authorised by the person in charge of the institution in accordance with procedures outlined in the Financial Management Practices Manual (FMPM). The allowance paid to each prisoner shall be as detailed in above table (3.6). 3.7 WORC Program Level Level 1 Level 2 Level .3 Level 4 Level 5 Level 6 OVERALL CEILING Maximum Daily Rate $2.80 $5.71 $6.69 $7.20 $8.03 $8.21 $57.54 Page 6 of 7 Pages
Appendices and Forms Appendix 1 - Position Description and Position Evaluation. F J®each Director - General LINKS Related Policy Offender Remuneration Payments and Rates Page 7 of 7 Pages
POSITION DESCRIPTION Appendix 1 POSITION TITLE: Page 1 of 4 REPORTING RELATIONSHIPS: REMUNERATION LEVEL ( based on attached Position Evaluation) LOCATION: CENTRE: DUTIES: ( Detail performance standards required to achieve Base Rate of pay e.g. timing, quality , production levels, health and safety requirements , quality assurance system requirements, etc) 1. ..................................................................................................................................... .................................................................................................................................... ............................................................................................................................ 2. ..................................................................................................................................... ........................................................................................................................... 3. ..................................................................................................................................... .............................................................................................................................. ..................................................................................................................................... ............................................................................................................................ 4. ..................................................................................................................................... ..................................................................................................................................... 5. .................................................................................................................................... ..................................................................................................................................... ..................................................................................................................................... ............................................................................................................................ Page 1 of 4
Experience and knowledge required: 1. .......................................................................................................................... 2. ...................................................................................................................... ..... .... ..................................................................................................,................... .............................................................. ...................................................... 3. ...................................................................................................................... .................................................................................................................... Skills and abilities required: 1. ........................................................................................................................... ........................................................................................................................ ...................................................................................... ............................ 2. ........................................................................................................................... ......................................................................................................................... ..................................................................................................................... 3. .......................................................................................................................... .......................................................................................................................... .................................................................................................................... Level of Responsibility/trust/initiative , required ( implications)- 1. ........................................................................................................................... ..................................................................................................................... 2. .......................................................................................................................... ...................... ........... .................................................................................. 3. ........................................................................................................................... .......... .......................................................................................................... Page 2 of 4
Key Selec t ion Criteria 1. 2. ....................................................................................................................... ................................................................................................................... 3. ...................................................................................................................... 4. ....................................................................................................................... 5. ........................................................................................................................ ................................................................................................................... Page 3 of 4
POSITION EVALUATION Rate requirements of the position using the following criteria on a scale of 1 - 5: a) Level of skill and ability required ( circle): 1. 2. 3. 4. 5. Unskilled Low-Skilled Semi-Skilled Registered Qualified Apprentice Tradesperson b) Level of experience and knowledge required ( circle): 1. 2. 3. 4. 5. No experience 1-2 years 2-3 years 3-4 years 5 years or or knowledge over c) Level of responsibility/trust/initiative involved ( circle): 12345 None Little Average High Very High d) Level of supervision required (circle): 12345 Very High High Average Little None Comments: SCORING : 4-8 = Level 1 9-12 = Level 2 13 - 16 = Level 3 17 - 20 = Level 4 Page 4 of 4
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