Supplementary Order Paper No 87

No 87

House of Representatives

Supplementary Order Paper

Tuesday, 17 November 2009

Corrections (Contract Management of Prisons) Amendment Bill


Proposed amendment

Hon Rick Barker, in Committee, to move the following amendment:

Clause 5:

To amend section 199 by adding the following new subsections (after line 33 on page 5):

  • (4) This Act authorises the Ombudsman to have complete and unrestricted access to any contracted prison, prisoner, prison records and prison staff to carry out the duties and responsibilities of the Ombudsman’s Office in a similar manner as if the contracted prison were a prison run by the Department of Corrections.

  • (5) The access granted to the Ombudsman in subsection (4) does not extend the Ombudsman’s authority into the commercial aspects of the contracted prison that are beyond the normal domain of a prison run directly by the Department of Corrections.


Explanatory note

New subsection (4) inserts a provision to allow the Office of the Ombudsman the same direct access to information held by a privately managed prison as it currently has to information held by a prison managed by the Department of Corrections. This is to ensure that privately-managed prisons are subject to the same level of accountability and transparency as prisons that are managed by the Department of Corrections.

New subsection (5) protects the commercial rights of the private management company by restricting the Office of the Ombudsman to just those aspects of a contract prison that are within the normal domain of a prison run by the Department of Corrections.