Victorian Prison Industries Commission Act 1983

Transcription

1 1015 ANNO TRICESIMO SECUNDO ELIZABETHAE SECUNDAE REGINAE VICTORIA Victorian Prison Industries Commission Act 1983 No An Act to establish a Victorian Prison Industries Commission, to amend the Community Welfare Services Act 1970 and for other purposes. [Assented to 20 September 1983] BE IT ENACTED by the Queen's Most Excellent Majesty by and with the advice and consent of the Legislative Council and the Legislative Assembly of Victoria in this present Parliament assembled and by the authority of the same as follows (that is to say): PART I. PRELIMINARY 1.(1) This Act may be cited as the Victorian Prison Industries snort tw e. Commission Act (2) The several provisions of this Act shall come into operation on commencement. the day or on the respective days to be fixed by proclamation or successive proclamations of the Governor in Council published in the Government Gazette. (3) This Act is divided into Parts as follows: Tabieofpans. Part I. Preliminary ss Part II. Victorian Prison Industries Commission ss Part III. Prison Industries ss Part IV. Finance ss Part V. General ss

2 1983 Victorian Prison Industries Commission No "Bank." "Chairman." "Commission." "Commission farm." "Commission industrial site." "Director- General." "Farm." "Fund." "Member." "Prescribed." "Prison." "Prison farm." "Prison industrial site." "Security arrangements." "Site." "Treasurer." 2. In this Act, unless the contrary intention appears "Bank" means a bank within the meaning of the Banking Act 1959 of the Commonwealth as amended and in force for the time being or a bank constituted by a law of a State. "Chairman" means Chairman of the Commission and includes a person appointed to act as Chairman. "Commission" means the Victorian Prison Industries Commission established under this Act. "Commission farm" means a place in respect of which a declaration under section 3 (1 ),(t?) is in force. "Commission industrial site" means a place in respect of which a declaration under section 3(1) (if) is in force. "Director-General" means the Director-General of Corrections. "Farm" means a commission farm, a prison farm or a youth training centre farm. "Fund" means the Victorian Prison Industries Fund. "Member" means a member of the Commission and includes the Chairman and a person appointed to act as a member. "Prescribed" means prescribed by this Act or the regulations. "Prison" means a building, erection, house or enclosed place that is, or any premises that are, a prison within the meaning of Part V. of the Community Welfare Services Act 1970 but does not include a police gaol. "Prison farm" means a prison or a part of a prison in respect of which a declaration under section 3 (1) (b) is in force. "Prison industrial site" means a place within a prison in respect of which a declaration under section 3 (1) (a) is in force. "Prisoner" means a person who is detained in custody in a prison or who is under a sentence of imprisonment but does not include (a) a person serving a sentence of imprisonment by attendance at an attendance centre within the meaning of Part III. of the Penalties and Sentences Act 1981; or (b) a person under a sentence of imprisonment to whom a parole order relates but who is not detained in custody in a prison. "Security arrangements" in relation to a site or a farm includes the physical security of the site or farm and arrangements for the overseeing and custody of prisoners and trainees at work on that site or farm. "Site" means a commission industrial site or a prison industrial site; "Treasurer" means the Treasurer of Victoria.

3 1983 Victorian Prison Industries Commission No "Trainee" means a person detained in a youth training centre. "Trainee- "Youth training centre" means a youth training centre appointed "Youth training under Part IV. of the Community Welfare Services Act "Youth training centre farm" means a youth training centre or "Youth training cen,re arm a part of a youth training centre in respect of which a declaration under section 3 (1) (c) is in force. 3. (1) The Minister may, on the recommendation of the Director- Deciarauonof s,e!an arms General and the Commission, make any one or more of the following Orders for the purposes of this Act: (a) An Order declaring a place within a prison to be a prison industrial site; (b) An Order declaring a prison, or a part of a prison, to be a prison farm; (c) An Order declaring a youth training centre, or a part of a youth training centre, to be a youth training centre farm; (d) An Order declaring a place in Victoria owned or occupied by the Commission to be a commission industrial site; (e) An Order declaring a place in Victoria owned or occupied by the Commission to be a commission farm. (2) An Order under sub-section (1) shall be subject to such conditions (if any) as the Minister, on the recommendation of the Director-General and the Commission, determines, including conditions determining or restricting the type of business or activity that may be carried on on a site or farm to which the Order applies and conditions relating to security arrangements made, or to be made, in relation to such a site or farm. (3) The Minister may, by Order in writing, revoke or vary an Order made under this section. 4. The objectives of this Act are objiwives. (a) consistent with United Nations minimum standard rules concerning prison work (rules 71 76), to make prison industries and farms profitable; (b) to train prisoners to achieve work habits and skills under conditions which are as close as possible to those applying in similar industries outside prisons; (c) to maximise work opportunities in prison industries and farms; (d) to allow prisoners to earn money for the following purposes: (i) As a motivation to work; (ii) To contribute to the maintenance of their families; (iii) To contribute to the cost of their imprisonment; /83 32A

4 Victorian Prison Industries Commission No (iv) To purchase personal items; and (v) To accumulate savings, which will become due on a prisoner's release; and (e) to supply as much as is economically viable of the goods and services required by the Department of Community Welfare Services. PART II. VICTORIAN PRISON INDUSTRIES COMMISSION Victorian Prison Industries Commission. 5. (1) There is established by this Act a Commission by the name of the Victorian Prison Industries Commission. (2) The Commission (a) is a body corporate with perpetual succession; (b) shall have a common seal; (c) may acquire, hold and dispose of personal property; (d) may acquire, hold and dispose of real property; and (e) may sue and be sued in its corporate name. Common seal. 6.(1) The common seal of the Commission shall be in such custody as the Commission directs and shall not be used except as authorized by the Commission. (2) All courts, judges and persons acting judicially shall take judicial notice of the seal of the Commission affixed to a document and shall presume that it was duly affixed. Functions of Commission. Powers of Commission. 7. (1) The functions of the Commission are (a) to manage, in an effective, efficient and economical manner, sites and farms subject to and in accordance with this Act; (b) to provide work for prisoners and trainees; (c) to set prisoners and trainees to work in accordance with this Act; and (d) the functions conferred on it by or under this or any other Act. (2) Subject to this Act, the Commission has power to do all things necessary or convenient to be done for or in connexion with the performance of its functions. (3) The Commission may from time to time enter into arrangements with any body or person with respect to any investigation, study or research that in the opinion of the Commission is necessary or desirable for the purposes of this Act. Constitution of 8. (1) The Commission shall consist often members.

5 1983 Victorian Prison Industries Commission No jgi9 (2) The members shall be appointed by the Governor in Council and shall include (a) a person appointed as Chairman; (b) a person nominated by the Treasurer; (c) a person nominated by the Director-General (whether himself or another person); (d) six persons nominated by the Minister who shall include (i) a person with experience in the finance or securities industry; (ii) a person with experience in the operation of industries in Victoria; and (iii) a person proposed by the Trades Hall Council of Victoria; and (e) a person elected in accordance with the regulations by persons employed by the Commission. 9. A member is not, in respect of his office as member, subject to Member of the provisions of the Public Service Act SU^KUOTUWC Service Act A member, other than a person who is an officer or employe of Remuneration, the public service, shall be paid (a) such remuneration and allowances as are specified in the instrument of his appointment; and (b) such travelling and other allowances as are for the time being payable to officers of the public service under the Public Service Act The Minister may grant leave of absence to a member upon uave of absence. such terms and conditions as to his remuneration and otherwise as the Minister determines. 12. Subject to this Part, a member holds office for such period, not Term of office. exceeding three years, as is specified in the instrument of his appointment but is eligible for re-appointment. 13. (1) A member may resign his office by writing signed by him Resignation and...,.., ««J termination. and delivered to the Minister. (2) The Governor in Council may remove a member from office. (3) If a member becomes bankrupt, applies to take the benefit of any law for the relief of bankrupt or insolvent debtors, compounds with his creditors or makes an assignment of his remuneration for their benefit, the Governor in Council shall remove the member from office. 14. The Chairman may, at any time, convene a meeting of the Meeting of die Commission to be held at a place and time determined by him.

6 Victorian Prison Industries Commission No Decision not (2) The Chairman shall, on receipt of a request in writing signed by at least two members, convene a meeting of the Commission. (3) The Chairman shall preside at meetings of the Commission at which he is present and if he is not present at a meeting the members present shall elect one of their number to be Chairman of the meeting. (4) A question arising at a meeting of the Commission may be determined by a majority of the votes of the members present. (5) The Chairman of a meeting of the Commission has, in the event of an equality of votes, a casting vote as well as his deliberative vote. (6) A question shall not be determined at a meeting of the Commission unless there are five members present. (7) Subject to this Part and the regulations, the procedure of the Commission is in its discretion. 15. ^n act or decision of the Commission is not invalid by reason invalid by reason - _ ; of vacancy. Disclosure of interests. Staff of Commission. Delegation. only of a vacancy or vacancies in the office of a member or a defect or irregularity in the appointment of a member. 16. (1) A member who has any direct or indirect pecuniary interest in a matter being considered or about to be considered by the Commission (a) shall as soon as practicable after the relevant facts have come to his knowledge, disclose the nature of his interest at a meeting of the Commission; and (b) shall not, after the disclosure, be present during any deliberation of the Commission with respect to the matter. (2) The disclosure of an interest made by a member at a meeting shall be recorded in the minutes of the meeting. 17. (1) The Commission may employ (a) a General Manager; and (b) such other persons as the Minister determines on such terms and conditions as it determines. (2) Subject to the Public Service Act 1974, there shall be such other officers and employes as are necessary for the purposes of this Act. (3) The Commission may, with the approval of the Permanent Head of a Department and the consent of the Public Service Board, make use of the services of any officer or employe in that Department. 18. (1) The Commission may, either generally or as otherwise provided by the instrument of delegation, by writing under its common

7 1983 Victorian Prison Industries Commission No seal, delegate to any person any functions or powers that are conferred or expressed to be conferred on it by or under this Act, other than this power of delegation. (2) Any act or thing done in the performance of a function or the exercise of a power by a person to whom that function or that power has been delegated by the Commission under sub-section (1) has the same force and effect as if it had been done by the Commission. (3) The Commission may, by writing under its common seal, vary or revoke a delegation made by it. (4) The delegation of a function or power under this section does not prevent the performance of the function or the exercise of the power by the Commission. PART III. PRISON INDUSTRIES 19. The Commission shall, in connexion with and for the purposes commission to of its management of sites and farms (a) carry on a business, or businesses, of manufacturing or producing goods, providing services or farming; (b) train prisoners and trainees in the trades and professions associated with any such business; (c) sell goods and services manufactured, produced or provided in the course of any such business; and (d) sell produce and stock grown or reared on farms. 20. (1) Subject to this section and to the conditions (if any) applying under an Order made under section 3 to a site or a farm (a) the Commission shall determine the nature of the business to be carried on on each site; and (b) the Commission shall determine the nature of the farming business to be carried on on each farm. (2) Where the Minister is satisfied that the security arrangements applying in respect of a site or a farm are not adequate to ensure that prisoners or trainees working on that site or farm are properly supervised, the Minister may by instrument in writing direct the Commission to cease to set prisoners or trainees to work on that site or farm. (3) The Minister may, by instrument in writing, revoke a direction made under sub-section (2) where the relevant security arrangements have been reviewed to the satisfaction of the Minister. (4) The Commission shall comply with a direction under this section. Carrying on of particular business on sites and farms.

8 Victorian Prison Industries Commission No commission may 21. (1) The Commission may from time to time order such prisoners determine.. prisoners to be set as it determines (a) to be set to work on a site or a farm other than a youth training centre farm; or (b) to be set to work by way of providing services at some place whether within a prison or prison farm or, with the approval of the Director-General in each case, at any other place in Victoria. (2) Sub-section (1) does not require or permit a prisoner to be set to work on a site or a farm if there is in force a direction of the Director-General under section 23 prohibiting that prisoner from being set to work on that site or farm or on any site or farm. (3) The times during which prisoners are to be set to work under this section shall be such times as are agreed between the Director-General and the Commission in relation to the particular circumstances. commission may 22.(1) The Commission may from time to time order such trainees labour"" 5 ' as it determines to be set to work on a youth training centre farm. Director-General may give direclions (2) Sub-section (1) does not require or permit a trainee to be set to work on a youth training centre farm if there is in force a direction of the Director-General under section 23 prohibiting that trainee from being set to work on that farm or on any farm. (3) The times during which trainees are to be set to work under this section shall be such times as are agreed between the Director-General and the Commission in relation to the particular circumstances. 23. (1) The Director-General from time to time (a) may direct by notice in writing to the Commission that a prisoner specified in the direction shall not be set to work on a specified site or farm or may direct that a prisoner so specified shall not be set to work on any site or farm; or (b) may direct by notice in writing given to the Commission that a trainee specified in the direction shall not be set to work on a specified youth training centre farm or may direct that a trainee so specified shall not be set to work on any youth training centre farm. (2) The Director-General may revoke or vary any direction given under sub-section (1) by notice in writing given to the Commission. Access to prisons 24. For the purpose of carrying out the functions of the Commission t^ng'centres. under this Act, the members of the Commission and its officers and employes, with or without servants or agents of the Commission, may

9 1983 Victorian Prison Industries Commission No enter a prison or a youth training centre in which there is a site or a farm at all reasonable times, subject to and in accordance with such directions as the Director-General determines from time to time. 25. The Commission and the Director-General may enter into Provision for arrangements for the provision by the Director-General at the expense sccunly ' of the Commission of (a) the services of prison officers or other persons with the consent of the Public Service Board to maintain the discipline and security of prisoners or trainees on a site or a farm; or (b) buildings, fences, gates or other structures to enclose a site or a farm. 26. (1) Where Reports of injury. death or (a) a prisoner or trainee suffers injury or dies while on a site or '"cidems. a farm; or (b) there is an incident on a site or a farm prejudicial to the discipline or safety of prisoners or trainees or other persons the Commission shall forthwith cause a report in writing of the injury, death or incident and of the circumstances in which the injury, death or incident occurred, to be given to the Director-General. (2) Where an accident occurs on a site or a farm causing the death of or serious injury to a person other than a prisoner or trainee, the Commission shall forthwith cause a report in writing of the death or injury and of the circumstances in which the death or injury occurred to be given to the Director-General. 27. Notwithstanding anything in this Act, a prisoner or a trainee Prisoners and remains at all times in the legal custody of the Director-General, custody of Director-General. 28. (1) The Commission shall out of the Fund paym^tstothe Treasurer. (a) at such intervals as the Treasurer determines, pay to the Treasurer such amount as is determined from time to time by the Commission and the Director-General in respect of work performed by each prisoner or trainee on a site or a farm; and (b) pay to the Director-General such amounts as the Commission determines in respect of work performed by each prisoner or trainee on a site or a farm. (2) The amount determined under paragraph (a) of sub-section (1) shall not exceed an amount determined in accordance with the regulations.

10 Victorian Prison Industries Commission No (3) The amounts paid to the Director-General under paragraph (b) of sub-section (1) in respect of a prisoner or trainee shall be held by him in trust for the prisoner or trainee or applied, in the discretion of the Director-General, in any manner in which prisoners' earnings, or trainees' earnings, as the case may be, may be applied in accordance with regulations under the Community Welfare Services Act (4) Moneys held in trust for a prisoner or a trainee may be invested in any manner authorized by law for the investment of trust funds. commission may 29. The Commission may, with the approval of the Director-General, employment for make arrangements for the employment by another person of a prisoner prisoners. during his period of imprisonment or to commence upon his release from prison. PART IV. FINANCE VictorianPnson 30. (l) There shall be established in the Treasury in the Public Account as part of the Trust Fund an account to be called the Victoria' 1 Prison Industries Fund. (2) There shall be paid into the Fund moneys appropriated by Parliament for the purposes of the Commission. (3) Subject to sub-section 32 (2), all moneys received by the Commission shall be paid into the Consolidated Fund. Application of moneys. 31. (1) Subject to sub-section (2), moneys in the Fund may be applied only (a) in payment or discharge of the expenses, charges, obligations or liabilities incurred or undertaken by the Commission in or in connexion with the performance of the functions or the exercise of the powers of the Commission; (b) in payment of any remuneration or allowances payable under this Act; and (c) in payment of amounts authorized by this Act to be paid out of the Fund. (2) Moneys in the Fund not immediately required for the purposes of the Commission (a) may be deposited in the Cash Management Account or the State Development Account in accordance with the Public Account Act \ 958; or (b) may be invested in such other manner as the Treasurer approves. (3) For the purposes of section 7 and 7D of the Public Account Act 1958, the Commission is a relevant authority.

11 1983 Victorian Prison Industries Commission No (4) The Fund shall be controlled by the Commission and may be operated upon for the purposes of the Commission in such manner as the Treasurer approves from time to time. (5) The Commission shall keep such records relating to operations of the Fund as the Treasurer requires. 32. (1) The Commission may borrow or re-borrow money from Borowing any institution, person or body approved by the Treasurer on such power ' terms and conditions as are approved by the Treasurer from time to time and give to any such institution, person or body security for money so borrowed or re-borrowed in such form as the Treasurer approves in each particular case. (2) The Commission shall pay all amounts borrowed or re-borrowed pursuant to this section into the Works and Services Account in the Trust Fund. (3) The due repayment of moneys borrowed or re-borrowed by the Commission under this section and the payment of any interest charges and expenses chargeable by the creditor against the Commission and the expenses of enforcing or obtaining or endeavouring to enforce or obtain payment of the debt and those interest charges and expenses are hereby guaranteed by the Government of Victoria. (4) Any sums required by the Treasurer in fulfilling any guarantee given by this section shall be paid out of the Consolidated Fund (which is hereby to the necessary extent appropriated accordingly) and any sums received or recovered by the Treasurer from the Commission or otherwise in respect of any sums so paid by the Treasurer shall be paid into the Consolidated Fund. 33. Except as otherwise provided by the regulations, the umiutionon Commission shall not, without the approval of the Treasurer, enter COIMracu into a contract under which the Commission is to pay or receive an amount exceeding $ or, if a higher amount is prescribed, that higher amount. 34. (1) The Commission shall cause to be kept proper accounts Accounuand and records of the transactions and affairs of the Commission and shall rec do all things necessary to ensure that all payments out of the Fund are correctly made and properly authorized and that adequate control is maintained over the assets of, or in the custody of, the Commission and over the incurring of liabilities by the Commission. (2) The Commission shall within three months after each 30 June cause its accounts to be balanced at that date and a statement of accounts to be prepared and submitted to the Auditor-General /83 33

12 Victorian Prison Industries Commission No (3) The statement of accounts in respect of a financial year shall (a) be prepared in the manner and in the form approved by the Treasurer; (b) contain such matters as the Treasurer determines; (c) give a true and fair view of the financial transactions of the Commission during the year; (d) give a true and fair view of the state of affairs of the Commission at the end of the financial year; and (e) include a statement made in accordance with a resolution of the Commission and signed by hot less than two members of the Commission (i) stating whether, in the opinion of the Commission, the statement of accounts gives a true and fair view of the financial transactions of the Commission during the year and of the state of affairs of the Commission at the end of the year; and (ii) where, at the date of the statement, the Commission is aware of any circumstances that would render misleading any particulars included in the statement of accounts particulars of the circumstances. Audil 35. (1) There shall be an annual audit of the accounts of the Commission by the Auditor-General. (2) The Auditor-General shall have with respect to the accounts of the Commission all the powers conferred on him by any law relating to the auditing of public accounts. (3) Without limiting the generality of the powers conferred on the Auditor-General under this section, the Auditor-General and his officers (a) have right of access at all times to the books, accounts and vouchers of the Commission; and (b) may require from a member of the staff of the Commission such information, assistance and explanations as are necessary for the performance of the duties of the Auditor-General in connexion with the annual audit. (4) The Commission shall pay to the Treasurer the expenses of each audit of the accounts of the Commission by the Auditor-General. Surplus lo be paid to the Treasurer. 36. Where the statement of accounts of the Commission audited by the Auditor-General shows an amount standing to the credit of an account of the Commission at the preceding 30 June, there shall be paid to the Treasurer such amount, not exceeding the amount of the surplus in respect of the year ended on that 30 June, as the Treasurer determines.

13 1983 Victorian Prison Industries Commission No PART V. GENERAL 37. (1) As soon as practicable after 30 June and before 30 September in each year, the Commission shall prepare and present to the Minister a report of its operations during the year ending on the preceding 30 June accompanied by a copy of the audited statement of accounts if it has been received from the Auditor-General. (2) Where the Commission has not received before 30 September in any year the copy of the audited statement of accounts the Commission shall forward the statement to the Minister within 30 days after it is received by the Commission. (3) The Minister shall cause each copy of the audited statement of accounts and each report under sub-section (1) to be laid before each House of the Parliament within 14 sitting days of the House after their receipt by him. 38. (1) The Commission may, at any time prepare and present to Periodic reports. the Minister a report on its operations or any part of them. (2) The Commission shall, after receiving a request from the Minister for information on any of its operations, give to the Minister the information requested. 39. The Governor in Council may make regulations for or with Regulations. respect to prescribing any matter or thing authorized or required to be prescribed for the purposes of this Act. 40. The Community Welfare Services Act 1970 is amended as Amendment of r.,, J J No. 80S9. follows: (a) In section 10 (2) for the words "functions and duties of the Director-General" there shall be substituted the words "functions or powers of the Director-General under this Act or the regulations or under any other Act or regulations"; (b) In section 10 (4) for the word "duties" there shall be substituted the word "powers"; (c) In section 111 (2), after the words "subject to" there shall be inserted the words "the Victorian Prison Industries Commission Act 1983 and"; (d) In section 126, after the words "to be set to some labour" there shall be inserted the words "otherwise that on a prison Annualreport of Commission.

14 Victorian Prison Industries Commission No industrial site or prison farm within the meaning of the Victorian Prison Industries Commission Act 1983"; (e) After section 135 (2) there shall be inserted the following sub-section: "(3) Nothingin paragraph (b), (c), (d), or(e) ofsub-section (1) applies to or in respect of a person doing anything he is required or permitted to do under the Victorian Prison Industries Commission Act 1983.".