Title: Employment of Prisoners
Category: Offender Management
Implement Date: 14 November 2011
Application: Custodial Operations
Ownership: Offender Intervention Services
|2.||Prisoner employment process|
|3.||Employment transfer / change|
|4.||Workplace health and safety|
|4.1||Prisoner working conditions|
|5.5||Frequency of payment|
|5.8||Prisoner health, sick leave, absenteeism|
|6.||Suspension from employment|
|6.1||Grounds for suspension|
|7.||Prisoner behaviour affecting incentive payment rates|
|7.1||Prisoners undertaking programs|
|7.2||Poor work performance|
|7.3||Breaches of discipline|
To provide for employment of prisoners by assigning prisoners to available positions using an interdisciplinary approach that considers a prisoner's Offender Rehabilitation Plan and behaviour. It offers equitable and consistent employment incentives to prisoners actively involved in rehabilitation and reparation activities to encourage prisoner motivation and engagement in meaningful and rehabilitative activities.
“delegate” - refer Corrective Services Act 2006 (CSA); Instrument of Delegation of Chief Executive Powers - Corrective Services Act 2006 (in-confidence)
“industries stream” - fee-for-service industry that employ prisoners.
“multidisciplinary team” - Team led by the general manager or nominee and comprising staff from offender programs, sentence management, industries and operations/accommodation areas as available in each facility. The purpose of the team is to oversee the application of the incentive payment in light of changes in a prisoner's situation.
“nominated officer” - an officer nominated to perform a particular function at the facility.
“prison industries” - refer procedure - Prison Industries' Operation
“program” - Types include intervention, adult education, vocational education and training.
“services stream” - where prisoners are employed to maintain the self-sufficiency of the corrective services facility including unit kitchens but excluding centre kitchens(not fee-for-service).
“kitchen stream” - Where prisoners are employed in the centre kitchens.
“work camp” - Refer CSA s. 151; standard operating procedure - Work Program - Management of Work Camps. The Work Camp is a positive correctional experience that not only puts prisoner labour to work - providing prisoners with important opportunities to make reparation to the community and develop needed skills and work ethic - but also provides considerable benefits to the people of Queensland.
“support allowance” - Allowance paid to workers who cannot work for a day due to illness (with medical certificate) or public holiday (workplace closed).
“community service” - Opportunities for prisoners to make reparation to the community by undertaking voluntary activity at approved projects within the community.
Sentenced prisoners are expected to engage in meaningful activity that contributes to skills acquisition and positive behaviour development. Remand-only prisoners are also encouraged to participate in meaningful activity.
The employment streams operating in Queensland are-
The employment streams have corresponding incentive payment rates.
Refer CSA s. 316; policy - Prisoner Employment Policy and Action Plan; Queensland Corrective Services Work Camps; and standard operating procedures - Work Program - Community Services Project; Work Program - Management of Work Camps; Work Program - Work Order Assessment and Approval; appendix - Incentive Payment Streams and Rates
Refer policy - Prisoner Employment Policy and Action Plan
General employment principles-
The placement process commences at the prisoner's induction (refer procedure - Induction).
Employment records must be maintained in IOMS to assist-
Refer procedures - Workplace Health and Safety (in-confidence); Workplace Health and Safety (in-confidence) Committees (in-confidence)
The general manager of the facility must provide for the monitoring of prisoner's working conditions to ensure levels of noise, heat, physically demanding work and excessive, continuous hours do not have negative health or safety ramifications. The general manager of the facility must ensure that all relevant provisions of workplace health and safety legislation are complied with at all times. Except when in response to exceptional circumstances, prisoners should not be permitted to work-
Unemployment allowance is only paid on a Monday to Friday working week basis and must only be paid to prisoners who are willing to comply with their ORP, engage in employment and rehabilitative programs (if applicable) and-
Refer procedures - At-Risk Management (Self Harm/Suicide); standard operating procedure - Safety Orders
Prisoners on remand are not required to be employed and must be paid unemployment allowance if they choose not to work.
Support allowance is paid to employed prisoners who cannot work for an acceptable reason. Refer appendix - Payment for Absent Employed Prisoners
The work area supervisor must complete an Attendance Sheet for each prisoner as directed by the general manager of the facility, to record movement in and out of work areas. Such timesheets etc must be utilised to calculate payments to prisoners.
Incentive payments must be paid weekly to all prisoners entitled to its receipt.
Payments must be authorised by the appropriate financial delegate within the institution and processed in accordance with procedure - Prisoner Monies.
Refer Instrument of Financial and Travel Delegations (Department of Community Safety) (in-confidence)
Prisoners must not be paid for shifts if they participate in prisoner strikes involving withdrawal of labour.
Incentive payments must be paid if-
If a prisoner is deemed unfit for work after examination by Offender Health Services staff, the prisoner must present his or her work area supervisor with a medical certificate on the next working day.
If medically unfit for work the prisoner will, on presentation of a medical certificate, be paid the support allowance for that day.
When a prisoner fails to obtain a medical certificate for absent days he or she must not be paid and must not receive support allowance for that day/s. The work area supervisor may also consider the prisoner for suspension/termination from employment.
If the prisoner is deemed medically unfit to work for a period in excess of a week, the prisoner's employment must be reviewed by referring the matter to the multidisciplinary team.
A prisoner may be suspended immediately in the following instances-
Refer procedure - Incident Reporting
If suspended, the relevant officer must-
Any unacceptable behaviour (not limited to breaches of discipline) by a prisoner must be considered at the multidisciplinary team meeting.
Minimum standards of behaviour and work performance are required by prisoners who wish to maintain or increase their current position and incentive payment rate. Unacceptable behaviour or work performance may incur the penalty of being placed in lower level employment positions (and receiving a lower level incentive payment rate).
Prisoners must attend programs identified in their Offender Rehabilitation Plan (ORP).
In the structured day schedule at secure centres, prisoners should participate in prescribed criminogenic programs in the period they are not participating in employment. In the rare occasion where a conflict between work and attendance at a recommended program is unavoidable, the prisoner will be able to attend the program and continue to be paid.
Prisoners must not receive additional incentive payments for undertaking training / programs.
Prisoners who refuse to participate in programs prescribed by their ORP may incur the penalty of being placed in lower level employment positions (and therefore receive a lower level incentive payment rate). Any non-compliance with a prisoner's ORP must be considered at the multidisciplinary team meetings.
In low security, the general manager must ensure that employment arrangements are flexible enough to allow a prisoner to attend programs that have been identified as essential to the prisoner's ORP (refer procedure - Review).
Refer procedure - Planning
If there is reasonable belief that a prisoner has not fulfilled the basic requirements of the position as described in the position description, the work area supervisor must interview the prisoner displaying poor work performance and/or unacceptable behaviour. The interview must identify the areas relating to the prisoner's poor performance. If possible, the following should be considered -
Work area supervisors must document the interview on the prisoner's IOMS file as a case note.
The work area supervisor may refer the matter to the multidisciplinary team.
Breaches of discipline must be dealt with in accordance with the procedure - Breaches of Discipline.
An officer who issues an employed prisoner with a breach of discipline can not enforce any penalty in regards to the prisoner's incentive payment level.
If an employed prisoner's behaviour at any time results in a breach of discipline, the officer issuing the breach must advise the Correctional Supervisor who must refer the matter to the multidisciplinary team for consideration.
The multidisciplinary team must be convened to-
The rate of incentive payment for each position must be determined by development and analysis of a job description and evaluation in terms of-
(Refer appendix - Offender Standard Job Description)
The job description and associated rate of incentive payment must be approved by the chief executive or delegate (refer CSA s. 316(1); Instrument of Delegation of Chief Executive Powers - Corrective Services Act 2006 (in-confidence)).
A prisoner may only be promoted or transferred into a higher level of incentive payment if the prisoner meets the requirements of the job description and when an appropriately classified position becomes available.
Each corrective services facility must develop duty statements for each position in their employment profile.
Duty statements must detail how some or all of the key tasks as outlined in the standard job descriptions will be performed in the particular facility.
Duty statements are essential to justify a particular job being classified at a particular level in facilities' employment profiles.
Duty statements are to be approved by the general manager or delegate and reflected in the job details in IOMS
Refer appendix - Duty Statement (example)
Each corrective services facility must have an approved employment profile that sets out the number of positions available in each area and the level of incentive payment that is applicable to each of those positions. The approved employment profiles are listed below-
Employment profiles must not be permanently altered without the approval of the chief executive or delegate. Any requested changes to a facility's employment profile must be considered and endorsed by the Prisoner Employment Governance Committee (PEGC).
Executive Director, Offender Intervention Services