Unsuitable Work Projects

Introduction

Work projects may not be selected if any of the following criteria apply:

• the project replaces normal employment
• there are health and safety risks, or
• the project benefits others inappropriately.

Details of each of the above criteria are given below.

Replacing normal employment

If the work would otherwise be performed by a person in the normal course of their employment the project is unsuitable.

If in doubt, the service manager or probation officer should enquire whether there have been, or would be, any redundancies in relation to staff of the organisation that would normally perform the work.

Note: It is not acceptable for the labour of an offender to fill a “gap” left by redundancy.

Legislative reference: Section 63 Sentencing Act 2002.

Health and safety risks

If there is a health and/or safety risk to staff and/or offenders, this risk must be carefully assessed. If an action plan cannot be developed to eliminate, isolate, or minimise the risk while protecting staff/offenders, the project is not suitable.

Only project sites where communication is possible to the CWC via radio phone or cellular phone must be chosen.

Benefiting others inappropriately

Work may not be carried out for the benefit of any of the following:

• private individuals who are physically and mentally able
• private companies, or
• work trusts or organisations that administer assets on behalf of others. By law, this would contravene New Zealand’s international obligations.