Selecting a Suitable Work Project

Introduction

A work project may be suitable if all of the following criteria apply:

• compliance with the Forced Labour Convention
• a suitable location
• effective and proper supervision, and
• appropriate work for the offenders’ skills and skill development.

Details of each of the above criteria are given below.

Forced Labour Convention

The work project must comply with the Forced Labour Convention, which prohibits persons subject to forced labour being placed at the disposal of, or working for the benefit of:

• private individuals
• companies, or
• associations.

This is required because community work (CW) is a compulsory sentence, i.e. it is imposed without the offender’s consent.

Location

The location for the project must be:

• at, or for, any hospital or church, or at or for any charitable, educational, cultural or recreational institution or organisation (including a marae)
• at, or for, any institution or organisation for old, infirm or disabled persons, or at the home of any old, infirm or disabled person
• on any land of which the crown, or any public body, is the owner, lessee or occupier, or on any land that is administered by the crown or any public body, or
• at or for any local authority (within the meaning of the Local Government Act 2002).

If the location is a home or institution that is privately owned (fully or partly), the benefit of the work must be for the people using and working in the institution. It must not be for the benefit of the institution itself.

Legislative references:

• Section 63, Sentencing Act 2002.
• Section 7(15), Health and Safety in Employment Act 1992.

Effective work properly supervised

The work project must make efficient and effective use of resources.

The work must be able to be carried out under the supervision and control of a public authority (e.g. the CPPS of the Department of Corrections, or a local government body).

Skills and skill development

A desirable by-product of the sentence of CW is that participation in worthwhile work projects will assist offenders in developing skills and work habits that will prove of use after the termination of the sentence.

The project must involve work that offers the opportunity for offenders to develop skills.

Offenders whose skills are suitable for performing the work must be allocated.