Victorian Consolidated Legislation

Corrections Act 1986 - SECT 8F

Emergency powers

8F. Emergency powers



(1) If an agreement under section 8B(1) relates to the management of a
correctional service, the Minister may intervene in the management of that
service if-

   (a)  the Minister considers that-

   (i)  there is an emergency in the service; or

   (ii) the contractor has failed to provide competent management of the
        service; and

   (b)  the Minister considers that it is in the public interest or the
        interest of the safe custody or welfare of prisoners or offenders to
        intervene.

(2) If the Minister intervenes in the management of a correctional service,
the Minister may appoint an administrator to manage the service until the
Minister determines that-

   (a)  the emergency is over; or

   (b)  the contractor is able to manage the service to the satisfaction of
        the Minister.

(3) If an administrator is appointed under subsection (2), then for the period
of that appointment-

   (a)  the contractor a sub-contractor and any person appointed or employed
        by the contractor or a sub-contractor to manage the service must-

   (i)  manage the service in accordance with the directions of the
        administrator; or

   (ii) cease to manage the service completely or to the extent directed by
        the administrator; and

   (b)  any person who is employed by the contractor or a sub-contractor in
        relation to the service must comply with the directions of the
        administrator in relation to the management and operation of the
        service.

Penalty: 50 penalty units.

(4) An administrator appointed under subsection (2) has and may exercise all
of the functions or powers under this Act or the regulations of a Governor,
prison officer, Regional Manager and community corrections officer in relation
to the service and prisoners and offenders for the period of appointment.

(5) The Secretary must provide the administrator with any assistance necessary
to the carrying out of his or her functions under this section.



(6) This section applies despite anything to the contrary in the agreement.