New South Wales Consolidated Acts

CRIMES (ADMINISTRATION OF SENTENCES) ACT 1999 - SECT 238

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.