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 Deputy General Manager / Deputy General Manager Pathways 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 Deputy General Manager / Deputy General Manager Pathways (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 Deputy General Manager / Deputy General Manager Pathways 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 Deputy General Manager / Deputy General Manager Pathways must consider whether to approve the request taking into account:
    1. the recommendation of the case manager
    2. the advice from Legal Services, and
    3. the factors contained in [F.15 Res.01 Self-employment considerations framework].
  2. The Deputy General Manager / Deputy General Manager Pathways may consult with their Director Reintegration and Community Services if they have concerns relating to the request.

F.15.05 Deputy General Manager / Deputy General Manager Pathways declines requests

  1. The Deputy General Manager / Deputy General Manager Pathways 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 Deputy General Manager / Deputy General Manager Pathways approves requests

  1. The Deputy General Manager / Deputy General Manager Pathways must endorse on complete [F.15.Form.01 Request for self-employment approval], their reasons for approving the request for self-employment.
  2. The Deputy General Manager / Deputy General Manager Pathways 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 Deputy General Manager / Deputy General Manager Pathways determines the self-employment is no longer beneficial to a prisoner’s rehabilitation and reintegration.