Western Australian Consolidated Acts

PRISONS ACT 1981 - SECT 15C

15C .         Minimum matters to be included in contracts

                A contract must provide for —

            (a)         compliance by the contractor with this Act, any other written law and the rules;

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

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

            (d)         compliance by the contractor with the minimum standards established under section 15D in relation to the provision of prison services under the contract;

            (e)         the submission of reports in relation to the contractor’s obligations under the contract;

            (f)         notification by the contractor of any change in the control, management or ownership of —

                  (i)         the contractor; or

                  (ii)         a subcontractor, or a member of a class of subcontractors, specified for the purposes of this paragraph by the chief executive officer in the contract;

            (g)         the financial and other consequences of intervening in a contract under section 15W, terminating or suspending a contract under section 15X and of requisitioning property under section 15ZC;

            (h)         codes of ethics and conduct, as approved by the chief executive officer, to apply to the contractor, any subcontractor and their employees and agents;

                  (i)         reporting procedures to notify the chief executive officer of escapes, deaths of prisoners and other emergencies or serious irregularities;

            (j)         investigation procedures and dispute resolution mechanisms for complaints about the provision of prison services under the contract;

            (k)         an indemnity by the contractor in favour of the State of Western Australia;

            (l)         the office the holder of which is to be the principal officer of the contractor and the subcontractors under the relevant contract for the purposes of the Corruption and Crime Commission Act 2003 , the Freedom of Information Act 1992 and the Parliamentary Commissioner Act 1971 , respectively; and

            (m)         any other matter prescribed by regulation.

        [Section 15C inserted by No. 43 of 1999 s. 7; amended by No. 48 of 2003 s. 62; No. 78 of 2003 s. 74(2).]