South Australian Consolidated Acts

CORRECTIONAL SERVICES ACT 1982 - SECT 31

31—Prisoner allowances and other money

        (1)         A prisoner is, while in a correctional institution, entitled to an allowance at a rate from time to time fixed by the Minister with the approval of the Treasurer.

        (2)         A prisoner who performs work under this Division (not being work performed under section 29(5)) is entitled to a further allowance at a rate from time to time fixed by the Minister with the approval of the Treasurer.

        (2a)         The Minister may establish a system of bonus payments, at rates approved by the Treasurer, for prisoners who, in the opinion of the manager of the prison, display a positive attitude, or apply themselves with particular effort, to the performance of work or other tasks or duties in the prison.

        (3)         The Minister may, for the purposes of subsection (2), fix rates of allowance that vary according to—

            (a)         the classes of work to which they apply; or

            (b)         the correctional institution in which the work will be performed; or

            (c)         the different security classifications of prisoners performing the work; or

            (d)         any combination of those factors.

        (4)         All allowances to which a prisoner is entitled under this section will be credited to the prisoner to an account, or accounts, kept in his or her name by the manager of the prison.

        (4a)         The manager of a prison may establish an account in the name of a prisoner into which is paid from time to time a proportion (not exceeding 30 per cent) of the prisoner's weekly income under this section, for the purposes of the resettlement of the prisoner in the community on being discharged from prison.

        (4b)         The amount standing to a prisoner's credit in a resettlement account cannot be drawn on while the prisoner is in prison unless the manager of the prison is of the opinion that special reason exists for doing so.

        (5)         The Minister must review regularly the rates of the allowances to which a prisoner is entitled under this section.

        (5a)         The manager of a correctional institution may, if a prisoner receives any money (other than the allowances paid under this section)—

            (a)         hold the money for as long as may be necessary for the purposes of ascertaining the identity of the person who made the payment and the circumstances of the payment; or

            (b)         credit the whole, or part, of it to the prisoner; or

            (c)         hold the whole, or part, of it on behalf of the prisoner and pay it over to the prisoner in accordance with this Act on discharge from prison; or

            (d)         return the whole, or part, of it to the person who made the payment; or

            (e)         if the prisoner is not lawfully entitled to the money, and the identity or whereabouts of the person who made the payment cannot be ascertained—pay the money to the Treasurer as unclaimed money for the purposes of the Unclaimed Moneys Act 1891 ; or

            (f)         retain it as evidence of an offence.

        (6)         The manager of a correctional institution may, on the direction of the Chief Executive Officer, deduct from any money standing to the credit of a prisoner pursuant to this section any amount due and payable by the prisoner by way of repayment of a loan made by the Chief Executive Officer.

        (6a)         If the manager of a correctional institution is aware, by virtue of a warrant executed against the prisoner (whether issued before or after the commencement of this subsection), that a prisoner is liable for a VIC levy imposed in respect of any offence, the manager must deduct from the prisoner's weekly income under this section an amount calculated in accordance with the Minister's directions.

        (6b)         Subsection (6a) does not apply in relation to a prisoner who is being detained by virtue only of a warrant of commitment issued before the commencement of this subsection solely for the enforcement of a VIC levy.

        (6c)         Money deducted under subsection (6a), and any money paid to the manager at any time by a prisoner in or towards satisfaction of a VIC levy, must be paid into the Victims of Crime Fund.

        (7)         Subject to this Act, withdrawals from any account held in the name of a prisoner, and the purposes for which they are made, are at the discretion of the manager of the correctional institution and, without limiting the generality of that discretion, withdrawals may be refused where the manager thinks that the refusal is justified in the interests of the good management of the prisoner or of the correctional institution generally.