P.08 Lost or damaged property claim
These procedures detail how a prisoner’s claim for lost or damaged property is made, investigated, decided and paid.
Lost or damaged property claim criteria
- The maximum liability of the Crown for any loss of, or damage to, an item of prisoner property is $400.
P.08.01 Application for property claim
- A prisoner or former prisoner who believes that their property has been lost or damaged by the Department of Corrections must complete Section A of the P.08.Form.01 Prisoner property claim to claim for compensation for the loss of, or damage to, his or her property.
- On receiving this form, prison staff must complete section B, then copy the form and hand it to the prisoner, acknowledging receipt of their property claim.
- Prison staff must record the claim in IOMS and place the application into the prisoner’s file.
- Prison staff must advise the unit PCO as soon as practicable that a P.08.Form.01 Prisoner property claim has been received.
- The officer entering the P.08.Form 01 Prisoner property claim into IOMS must also update the offender management file notes to show that the prisoner’s claim has been entered into IOMS, and that section B of the P.08.Form 01 Prisoner property claim has been given to the prisoner.
P.08.02 Investigation of property
- The unit PCO, on being advised of the claim, must immediately designate a staff member to investigate the claim.
- The loss and / or damage claim is investigated promptly by the designated staff member, who records the investigation in IOMS.
- The preliminary recommendation by the designated staff member is recorded in IOMS and is referred to the unit PCO.
- The designated officer investigating the claim should:
- check property records to ensure that the property exists and belongs to the prisoner making the claim
- check whether unit / cell searches have been undertaken to locate the property
- interview prisoner(s)
- interview staff
- consult with Police (if necessary), and
- record the results in IOMS so that 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
- advise the prisoner of the progress of the claim at least once per month. This is to be done by providing a copy of the IOMS generated Claims Progress report to the prisoner. The issuing of the prisoner with a Claims progress report must be recorded on the offender management file notes.
- All claim documents are filed on the prisoner’s prison file.
- Property claims are recorded and patterns monitored.
P.08.03 Decision of claim
- The residential manager reviews the preliminary recommendation and will approve or decline the claim for compensation up to $400, but must refer the claim to the prison director to approve or decline if the claim is more than $400 and up to $1000.
- If the claim for compensation is more than $1,000, the prison director must refer their recommendation to approve or decline the claim to senior advisor to regional commissioner.
- The senior advisor to regional commissioner advises whether they support the prison director’s recommendation.
- All decisions must be recorded in IOMS.
P.08.04 Procedures when claim approved
- The prisoner / former prisoner is advised of his or her right to seek independent legal advice before the discharge of the claim payment.
- If satisfied with the compensation offered, the prisoner / former prisoner signs the P.08.Form.02 Claim compensation. This form must be completed by the prisoner / former prisoner before compensation is paid.
- The prison director then must ensure that the approved amount is recorded in IOMS and paid to the prisoner / former prisoner.
P.08.05 Procedures when claim declined
- The prisoner / former prisoner must be advised of the decision to decline the claim.
- If the Department does not accept responsibility for the loss of, or damage to, the property, the prisoner must be advised of his or her right to seek a review of this decision through the Inspector of Corrections and / or the Disputes Tribunal.