B.11.03 Managing Lost Property Claim (National Procedure)

Procedure Standard

• Lost and/or damage property claims are recorded, analysed, decided upon and the decision actioned promptly and recorded using the Integrated Offender Management System (IOMS).

Requirements

• R1 Investigating and Recording Lost Property Claims

Procedure Standards

1. A prisoner or former prisoner completes Section A of the Prisoner Property Claim form (B.11.03.F1) to claim for compensation for the loss and/or damage of his/her property.
2. The form is received by a staff member (by delegation of the Prison Manager) and acknowledged by completing Section B of the Prisoner Property Claim form (B.11.03.F1).
3. The Prison Manager designates a staff member to investigate the claim.
4. The loss and/or damage claim is investigated promptly by the designated staff member, who records the investigation in IOMS. 
5. A preliminary recommendation by the designated staff member is recorded in IOMS and is referred to the Prison Manager within twenty working days.
6. The Prison Manager reviews the preliminary recommendation and either approves or declines this where the claim for compensation is $500 or less; or makes a final recommendation to the Regional Manager.
7. If the claim for compensation is $1,000.00 or less the Regional Manager either approves or declines the claim in writing.
8. If the amount being sought is over $1,000.00, the matter is referred to National Office for a decision via the Principal Operations Advisor.
9. The prisoner/former prisoner is advised of the decision. The prisoner/former prisoner is advised of how to appeal the decision to the Inspector of Corrections and the Office of the Ombudsmen.
10. If the claim for compensation is approved, the Prison Manager ensures that approved amount is recorded in IOMS and paid to the prisoner/former prisoner.
11. The prisoner/former prisoner is advised of his/her right to seek independent legal advice prior to the discharge of the claim payment.
12. If satisfied with the compensation offered, the prisoner/former prisoner signs the Claim for Compensation form (B.11.03.F2).
13. All claim documents are filed on the prisoner’s prison file.
14. The maximum liability of the Crown for any loss of, or damage to, an item of prisoner property is $400.
15. All IOMS users are able to produce the Claim Progress Report at any stage of the claim process that will display all the above details.

Key Roles and Responsibilities

Prisoner/Former Prisoner

• Completes Section A of the Prisoner Property Claim form (B.11.03.F1).
• Signs Claim for Compensation form (B.11.03.F2) if claim accepted.

Designated Staff Member

• Completes Section B of the Prisoner Property Claim form (B.11.03.F1).
• Investigates the claim and makes necessary enquiries.
• Makes appropriate preliminary recommendation to the Prison Manager ensuring the recommendation is recorded in IOMS.

Prison Manager

• Ensures prompt action of claims.
• Designates staff member to investigate claims.
• Reviews preliminary recommendation.
• Approves or declines compensation for claims $500 or under, using IOMS to record the information and the Claim Progress Report for a paper based record for signature.
• When compensation claims are greater than $500, makes a written report to the Regional Manager including a final recommendation using IOMS to record the information and the Claim Progress Report for a paper based record for signature.
• Ensures that the Claim Compensation form (B.11.03.F2) is completed by the prisoner/former prisoner.
• Ensures approved claim is paid to the prisoner/former prisoner if claim is approved.
• Ensures prisoner/former prisoner is advised of their right to seek independent legal advice.

Regional Manager

• Approves or declines compensation for claims $1,000.00 or under.
• Refers claims over $1,000 to National Office.