F.15 Prisoner self employment

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The purpose of prisoner self-employment is to enable prisoners to obtain and maintain self employment as part of their rehabilitation and reintegration.

F.15.01 Prisoner self-employment criteria

  1. All sentenced prisoners while in prison may apply to participate in self-employment activities either inside or outside (subject to release to work approval) the prison, if the self-employment is intended to:
    1. provide work experience, and
    2. assist in their rehabilitation, and
    3. reintegration into the community.
  2. Self-employment will only be approved if:
    1. it is supported by the prisoner’s case manager, and
    2. Legal Services have defined the employment as self-employed.
  3. All remand prisoners and those detained under the Immigration Act 2009 are not eligible to undertake self-employment.

F.15.02 Request to undertake self-employment

  1. All requests for consideration to undertake self-employment must be advised to the prisoner’s case manager.
  2. The case manager will meet with the prisoner to discuss whether self-employment is appropriate, and to assist the prisoner in completing F.15.Form.01 Request for self-employment approval.
  3. The case manager is responsible for verifying there is available employment and the information provided in the request by the prisoner is true and accurate.
    Note: If the information cannot be verified, or contains false information the case manager must refer the matter directly to the prison director who will decline the request.
  4. Upon completion of verification process the case manager must make a recommendation either supporting or not supporting the request. The request must then be referred to Legal Services to assess if the employment can be classified as self-employment.

F.15.03 Referral to Legal Services

  1. Legal Services must provide advice on whether the employment can be classified as self-employment or not.
    Note: If the employment cannot be classified as self-employment, and Legal Services advise the prisoner is lawfully entitled to be involved in the activities the prison director (in consultation with the case manager) must determine what if any additional support will be provided to the prisoner.
  2. Legal Services must forward the F.15.Form.01 Request for self-employment approval with their advice to the prison director to consider.

F.15.04 Consideration and recommendation on request for self employment

  1. Upon receipt of the F.15.Form.01 Request for self-employment approval the prison director must consider whether to approve the request taking into account the:
    1. recommendation of the case manager
    2. advice from Legal Services, and
    3. factors contained in F.15 Res.01 Self-employment considerations framework.
  2. The prison director may consult with their senior advisor to regional commissioner if they have concerns relating to the request.

F.15.05 Prison director declines requests

  1. The prison director records on the request his or her reasons for declining the request from the offender to undertake self-employment.
  2. The prisoner must be informed that they can have this decision reviewed through the prisoner complaints process, or by contacting the Inspector and / or Ombudsman. A copy of the declined application is given to the prisoner.
  3. Case manager ensures that the prisoner’s File Notes is updated.
  4. The original completed F.15.Form.01 Request for self-employment approval is to be placed on the prisoner’s file.

F.15.06 Prison director approves requests

  1. The prison director must endorse on complete F.15.Form.01 Request for self-employment approval, their reasons for approving the request for self-employment.
  2. The prison director must record any conditions that relate to the self-employment on the F.15.Form.02 Offender self-employment acknowledgement.
  3. Before the offender can begin the self-employment they must sign the F.15.Form.02 Offender self-employment acknowledgement, confirming that they accept that deductions of 30% (up to a total of $273) may be taken from their weekly earnings and they will abide by the conditions set out in the acknowledgement.
    Note: If the self-employment requires the prisoners to be temporarily released, the approval is conditional on the prisoner being approved to undertake temporary release for the purpose of employment pursuant to M.04.07 release to work.
  4. Case manager ensures that the prisoner’s File Notes is updated.
  5. The prisoner must be given a copy of the completed request (F.15.Form.01 Request for self-employment approval), and the original completed request is to be placed on the prisoner’s file.

F.15.07 Revocation of approval for self-employment

  1. The approval for self-employment may be revoked at any time if the prisoner:
    1. breaches any of the conditions of self employment
    2. fails to provide proof of earnings
    3. fails to make appropriate payments
    4. is guilty of a misconduct (does not have to be related to the self-employment), and
    5. for any other reason where the prison director determines the self-employment is no longer beneficial to a prisoner’s rehabilitation and reintegration.