How do prisoners apply for Release to Work?
Case Officers should first determine whether a prisoner is eligible for Release to Work.
- If they are eligible then the prisoner completes a Release to Work Application Form (A.09.03.F2) with the Case Officer, reconciles the application with the Sentence Plan, and sends it to the Unit Manager to support / not support.
- A copy is sent to the CIE RTW Case Manager to source suitable work opportunities.
Applications can be processed in advance
Guideline: A prisoner may apply for Release to Work at any time within the six weeks before he or she becomes eligible to be considered for Release to Work.
Sentence Planners should plan all eligible and potentially eligible prisoners for Release to Work. This includes ensuring that the prisoner is aware of when they will become eligible to apply for Release to Work (that is, when the prisoner becomes eligible to apply for temporary release).
The six weeks allows time for any necessary background checks to be undertaken and advance approval to be obtained pending the prisoner's eligibility date. If necessary, the decision maker may revoke any such advance approval.
Note that if a prisoner's security rating changes from a high internal risk; high external risk; or low internal risk; external risk security rating to the lowest risk category (low internal risk; low external risk) and the prisoner otherwise meets the eligibility criteria for Release to Work, then the application should be processed immediately.
If an application is not approved and the prisoner requests the application be reconsidered after the date they become eligible for temporary release, then the application should be reconsidered.
A prisoner may be pre-approved as suitable for Release to Work, subject to confirmation of employment and conditions to be applied.
Sentence Management Plans
Guideline: The planning and approval of Release to Work must be managed as part of a prisoner's sentence management plan. All eligible or potentially eligible prisoners should be actively managed towards Release to Work.
Assistance to make applications
Guideline: Prison or Corrections Inmate Employment (CIE) staff must assist prisoners to prepare documentation for Release to Work applications and must consistently follow through all applications made.
Prompt response to applications
Guideline: To enable rapid work placement, a prisoner's fully completed application for Release to Work must be processed once received and approved / not approved as soon as possible but:
- no later than three working days where internal prison approval only is required; or
- no later than five working days where Regional Office approval is required,
Prisoners will be assessed for pre-approval as often as possible and will be referred to CIE for job allocation immediately. This process will enable CIE to fill vacant roles in shorter timeframes and facilitate better matching of jobs. Final approval of a job offered to a prisoner will be made by the decision maker.
Release to Work jobs should, as often as possible, be within the region of release, and sustainable post release.
Prisoner to be advised
Guideline: A prisoner must be advised of the reasons for the decline of, or any approval of, or any variation from his or her Release to Work application.
Complaints by prisoners regarding decisions
Sections 151-159 and regulations. 159-167: Complaints by prisoners regarding a decision about Release to Work may be made by them directly to an Inspector of Corrections.
Complaints received from prisoners by prison staff must be forwarded to an Inspector of Corrections within 7 calendar days.
This complaints process does not restrict a prisoner's right to make a complaint directly to the Office of the Ombudsmen.
What role does the CIE RTW Case Manager play?
- The CIE RTW Case Manager interviews the prospective employer to determine suitability of work opportunity and sponsor. They complete the CIE Sheet (Section A and Section B) of the Assessment for Release to Work Form (A.09.02.F1).
- Once the interview and security check are completed, the CIE RTW Case Manager returns the application to the Unit Manager, who then takes the Assessment for Release to Work Form (A.09.02.F1) to the Prison Manager or to the person to whom this power has been lawfully delegated by the Chief Executive to approve / not approve.
- If the application is declined a letter is given to the prisoner detailing the reasons why.
Suitability of Work and Employer
When making RTW decisions, the provider has taken into account the suitability of the job being proposed and the suitability of the employer.
Placement with an Employer
The provider has ensured that the employer has been provided with:
- Information on how RTW operates.
- Information about the specific RTW conditions pertaining to the prisoner being employed.
- Contact details for the person responsible for RTW at the prison.
Contract
The following contractual obligations must be met:
- Completed and approved application for Release to Work.
- Prisoners have signed the form “ Authority for Release to Work” outlining the rules and regulations of Release to Work. The prisoner must have this contract in his or her possession at all times of release to present to prison or police staff as may be required.
- Prisoners and the Prison Manager have also signed the Work Parole Application Form.
Employment
Finding Work
The provider has ensured that prisoners eligible or nearly eligible for RTW have been given appropriate opportunities to find employment, including:
- Regular, timely access to job vacancy information.
- Temporary Releases and Temporary Removals are available for the purposes of finding work.
- Access to specialised support / advice.
- Opportunities to communicate with potential employers.
What if a Job Interview is required?
- If a Job Interview is required the CIE RTW Case Manager provides details of the job application to Unit staff, who make arrangements for a Temporary Release or Temporary Removal.
- Decisions on who escorts prisoners to job interviews are made at site level.
Who prepares the Temporary Release papers?
- Once the Prison Manager approves the application, the Unit staff complete the Authority for Release to Work form (A.09.03.F1) and the Licence for Temporary Release from Custody form (A.09.01.F5), and ensure the prisoner understands all the conditions of release (on some sites this task is carried out by CIE).
- The CIE RTW Case Manager also receives copies of both forms prior to Release to Work commencing.
What else needs to happen?
- The Unit staff need to obtain signatures of the prisoner, Unit Manager and Prison Manager for the Licence for Temporary Release from Custody form (A.09.01.F5), while the CIE RTW Case Manager needs to do the same for the Temporary Release Letter to sponsors form (A.09.01.F3b), which is sent to the Sponsor prior to Release to Work commencing.
- The CIE RTW Case Manager maintains a Release to Work file on the prisoner, and the Unit staff ensure all relevant Release to Work forms are sent to the prison administration.
Who monitors the Temporary Release?
- The CIE RTW Case Manager monitors the Release to Work placement via phone calls and visits at set times, and feeds back information on the prisoner's progress to unit staff for placement on the prisoner's file and Sentence Plan.
