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Dismissal from prison work

Information about being dismissed from prison work.

Reasons for dismissal

Prisoners may be dismissed from work assignments where the prisoner:

  • is charged with a prison offence which prevents or impacts on participation in that work
  • the prisoner is otherwise considered to be an unsatisfactory worker.

This includes situations where the prisoner:

  • has an unsatisfactory attitude to work
  • is unsuited to the type of work because they lack the skills, physical strength or attributes needed
  • has unsatisfactory performance
  • consistently idle or disruptive
  • fails to observe mandatory safety procedures
  • has engaged in an act of misconduct., or
  • if they have been charged with a prison offence where the alleged offence prevents or impacts on the prisoner participating in work.

See r. 44—Corrections Regulations 2019 (Vic)(opens in a new window) and DCI 3.03 Prison industries in Deputy Commissioner’s Instructions.

Warnings

The prisoner should be counselled and warned on at least once before being dismissed unless a prisoner’s immediate removal from an employment situation is considered necessary for the conduct and good order of the prison.

See DCI 3.03 Prison industries in Deputy Commissioner’s Instructions.

Length of dismissal

The dismissal will last for:

  • at least 3 working days
  • with a maximum period of 2 weeks, or until the Case Management Review Committee considers the prisoner should be re-employed, whichever comes first.

See DCI 3.03 Prison industries in Deputy Commissioner’s Instructions.

Role of Case Management Review Committee (CMRC)

Case Management Review Committees are set up within each prison to make assessments about a prisoner's classification when they first enter the prison system. They must review a prisoner's file at least annually and conduct case conferences to help to resolve a particular issue. For example, if a prisoner has been dismissed and wants to return to work. The committee will look at the areas of concern and will review information from relevant sources, such as the prisoner and the workplace manager. They will then devise an action plan which they will incorporate into the prisoner's local plan.

See Part 3, PM1—Corrections, Prisons & Parole—Sentence Management Manual(opens in a new window).

Payment while dismissed

If a prisoner is dismissed or refuses to work, they will not be paid but must be provided with essential toiletries which include soap, toothpaste, and for women, sanitary products.

More information

Legislation

Corrections Regulations 2019 (Vic)

  • s. 44—dismissal from work

See Corrections Regulations 2019 (Vic)(opens in a new window).

Reference

Sentence Management Manual

  • Part 3, PM1—Purpose of Case Management Review Committee

See Corrections, Prisons & Parole—Sentence Management Manual(opens in a new window).

Updated