CRIMES (ADMINISTRATION OF SENTENCES) ACT 1999 - SECT 238
Management agreements
238 Management agreements
(1) The Commissioner may enter into an agreement
(the
"management agreement" ) with a corporation (the
"management company" ) providing for the management of one or more
correctional centres.
(2) The management agreement must provide for--
(a)
compliance by the management company with the provisions of this Act and the
regulations, and of any other Act or law, so far as they affect the
correctional centre and the welfare of its inmates, and
(b) objectives and
performance standards for the management company in relation to the management
of the correctional centre, and
(c) employment by the management company of a
person competent to exercise the functions of the governor of the correctional
centre and of sufficient and competent custodial and paramedical and other
staff to enable it to discharge its obligations under the agreement, and
(d)
remuneration of the management company, and
(e) submission to the
Commissioner of periodic reports and audited accounts in relation to the
management of the correctional centre, and
(f) prohibition of subcontracting
by the management company, otherwise than as allowed by a submanagement
agreement or as approved by the Commissioner, and
(g) indemnity by the
management company of the Crown and the Commissioner for damage to the
correctional centre and any associated public property in the possession or
under the control of the management company, and
(h) notification of any
variation of the controlling interests in the management company or of its
management structure, and
(i) such other matters as may be prescribed by the
regulations.
(3) The management agreement may make such other provision, not
inconsistent with this Act or the regulations, as may be agreed for or with
respect to the management of the correctional centre by the management
company.
(4) For the purposes of subsection (3), a provision of a management
agreement is not inconsistent with this Act or the regulations in so far as it
prescribes a standard that exceeds the standard provided by this Act or the
regulations in relation to the health, diet or exercise of offenders or any
other matter affecting their welfare.
