Victorian Consolidated Legislation

Corrections Act 1986 - SECT 8C

Matters to be included in agreement

8C. Matters to be included in agreement



(1) An agreement under section 8B(1)(a) must provide for-

   (a)  compliance by the contractor with all relevant provisions of this Act
        or the regulations or of any other Act or instrument of a legislative
        character;

   (b)  objectives and performance standards in relation to the provision of
        services;

   (c)  the fees, costs and charges to be paid to the contractor;

   (d)  the submission of periodic reports in relation to the contractor's
        operations under the agreement;

   (e)  an indemnity by the contractor in favour of the Crown and the
        Minister;

   (f)  the office the holder of which is to be the principal officer for the
        purposes of the application of the Freedom of Information Act 1982 to
        the contractor;

   (g)  the office the holder of which is to be the principal officer for the
        purposes of the application of the Ombudsman Act 1973 to the
        contractor;

   (h)  any other matter that may be prescribed.

(2) An agreement under section 8B(1) may contain-

   (a)  a provision leaving any matter to be determined, approved or dispensed
        with by a specified person or body;

   (b)  a provision providing for the assignment to the Minister or any other
        person of any right or interest;

   (c)  a provision providing for the Minister to delegate powers and
        functions under the agreement;

   (d)  a provision providing for sub-contracting;

   (e)  a provision requiring the provision by the contractor of a performance
        bond;

   (f)  a provision providing for the suspension of obligations under the
        agreement in specified circumstances, except the obligations referred
        to in subsection (1)(e), (f) and (g);

   (g)  in the case of an agreement under section 8B(1)(b), a provision
        providing for-

   (i)  the Minister to take over, or nominate any other person or body to
        take over, rights or obligations under any other agreement or
        transaction;

   (ii) the transfer of land to the Minister in the circumstances set out in
        the agreement;

   (h)  a provision providing for rights of access in relation to correctional
        services;

        (i)    any other provisions that are not inconsistent with this Act or
               the regulations.