M5 - Learner Manual

In any job you need to be really clear if any legal framework applies to your position and has an impact upon how you need to do your job. Generally, if you work in a legal setting you will need to comply with some legal obligations. For example, issues relating to duty of care and confidentiality are an essential part of any legal practice for both the lawyers and all the support and administrative staff too. Similarly, the laws relating to Workplace Health and Safety are also relevant.

 

In some jobs there will be an additional legal framework that will shape your duties and responsibilities whilst you are at work. This will impact a range of things including:

—    peoples rights and responsibilities

—    general processes and procedures

—    recording keeping

—    conflict resolution

—    evaluation

—    grievance procedures

—    wages

 

For example:-

In NSW there are a number of legislative instruments that impact upon work done in relation to Corrective Services.

Acts

—    Crimes (Administration of Sentences) Act 1999

—    Crimes (Sentencing Procedure) Act 1999

—    Crimes (Interstate Transfer of Community Based Sentences) Act 2004

—    Protected Disclosures Act 1994 No 92

—    Summary Offences Act 1988 No 25

—    Crimes Act 1900 No 40

—    Prisoners (Interstate Transfer) Act 1982 No 104

—    Parole Orders (Transfer) Act 1983 No 190

—    International Transfer of Prisoners Act (New South Wales) 1997 No 144

—    Prisoners (Interstate Transfer) Act 1982 No 104

Ø More legislation can be found at the NSW Parliamentary Counsel's Office website

Regulations

—    Crimes (Administration of Sentences) Regulation 2008

—    Prisoners (Interstate Transfers) Regulation 2004

—    Crimes (Interstate Transfer of Community Based Sentences) Regulation 2004

 

NSW Example: Conduct and Ethics

You will usually find that your organisational policies and procedures will reflect all the relevant laws and rules for your institutional setting. For example see “Annexure A”, extracts from the NSW Corrective Services Guide to Conduct and Ethics, 2010. These extracts illustrate some examples of an organisational policy dealing with topics such as Ethical Principles, Public Duty, Professional Conduct Towards Offenders and Professional Conduct Towards Employees.

 

NSW Example: Use of force

In NSW the Crimes (Administration of Sentences) Regulation 2008 (regulations 121. 122 1n2 123) deals with the ‘use of force in dealing with inmates’ in a custodial setting. Corrective Services NSW have developed an organisational policy to deal with these provisions. Specifically, in the Operations Procedures Manual, Part D: Serious Incident Response: Using Force on Inmates, 11 June 2008. Please refer to “Annexure B” to see extracts of this policy from the NSW Ombudsman Report, 14 April 2010. Here we see an example of an organisational policy that sets out the requirements for staff to take in a conflict situation where the ‘use of force’ becomes an issue. You will see reference to the use of force being a ‘tactic of last resort’ and it identifies other options such as persuasion and negotiation as methods of diffusing a conflict situation.

 

Examples of other jurisdiction’s legislative instruments that impact upon work done in relation to Corrective Services.

Western Australia

—    Prisons Act 1981

—    Prisons Regulations 1982

Queensland

—    Corrective Services Act 2006

—    Corrective Services Regulations 2006

Each State and Territory has its own legislative framework dealing with corrective services and prisons.

 

Immigration Detention Centres are governed by Commonwealth legislation including:

—    Migration Act 1958

—    Migration Regulations 1994