Servicing Pre-release Prisoner Guideline

Servicing Pre-release Prisoner Guideline
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Effective date
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01 07 15
01 07 15
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Explanatory Note
All capitalised terms have the same meaning as in the jobactive Deed 2015–2020. In this document, ‘must’
means that compliance is mandatory and ‘should’ means that compliance represents best practice and that
compliance is discretionary.
Disclaimer
This Guideline is not a stand-alone document and does not contain the entirety of Employment Services
Providers’ obligations.
It must be read in conjunction with the Deed and any relevant Guidelines or reference material issued by
Department of Employment under or in connection with the Deed.
Summary
Employment Provider Services are available under the Australian Government’s Pre-Release Prisoner (PRP)
initiative to eligible prisoners while they are still incarcerated.
Policy Intent
The PRP initiative under the jobactive Deed 2015–2020 aims to maximise Employment support for people while
they are incarcerated and also following their release. Participation in the initiative is intended to reduce former
prisoners’ reliance on welfare upon leaving prison by improving their job search skills and helping them build
connections with Employers at the earliest opportunity.
Relevant Deed clause/s
The relevant clauses in the jobactive Deed 2015–2020 (the Deed) include:
•
Clause 73.1 (a)—The Provider must conduct Employment Provider Services at or above the minimum
standards in the Service Guarantees and in accordance with all representations made by the Provider
with regards to Employment Provider Services, as specified in the Service Delivery Plan(s) and the
Provider’s tender response to the request for tender for the Deed.
Relevant references
Reference documents relevant to this Guideline includes:
• Eligibility, Referral and Commencement Guideline
• Period of Service, Suspensions and Exits Guideline
• Direct Registration Guideline
• Assessments Guideline.
jobactive Servicing Pre-release Prisoner Guideline
TRIM ID: EM15/001035
Effective Date: 1 July 2015
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Eligibility
• As referred to at Attachment A in the Eligibility, Referral and Commencement Guideline
prisoners must meet all the following criteria to be eligible:
•
•
In the last 12 months of their sentence and be approved by corrective services case managers
Meet one of these criteria:
o Be an adult pre-release prisoner, even though not on income support, that has been referred to
an Employment Provider by a state or territory correctional service officer and Directly
Registered by the Employment Provider
o Be a detainee or prisoner aged 15-21 (or 24 subject to the passage of Legislation), not in fulltime education or training, who has been registered with Department of Human Services as
looking for work.
In addition to meeting the above eligibility criteria, to be eligible for Employment Provider Services a prisoner
must be licensed by corrective services case managers for day or partial release to engage in paid work when an
employment opportunity arises.
•
The referring state or territory corrective services are responsible for assessing Pre-release Prisoners’
eligibility. However, if a job seeker is incorrectly referred and does not fulfil the criteria, the
Employment Provider must Exit the job seeker. The process for Exiting job seekers is outlined in
the Period of Service, Suspensions and Exits Guideline.
Registration
Pre-release Prisoners must be referred to an Employment Provider by state or territory corrective services and
are then Directly Registered by the Employment Provider. A Pre-release Prisoner will be a Fully Eligible
Participant. The Pre-release Prisoner will ‘remain in legal custody’ and will not qualify for any payment
administered by the Department of Human Services (See Social Security Act 1991, s 1158 23(5)).
A Pre-release Prisoner will be referred to an Employment Provider that is deemed suitable by corrective services
in the relevant state or territory. The suitability of the Employment Provider will depend on the consideration of
factors such as proximity to the prison or pre-release centre and an Employment Provider’s performance and
experience in servicing Pre-release Prisoners. Employment Providers are expected to establish linkages with
corrective services in the state or territory in which they provide Employment Provider Services so they are
ready to receive Pre-Release Prisoner referrals.
Upon registering the Pre-release Prisoner, the Employment Provider will apply the ‘Pre-Release Prisoner’ Special
Client Type indicator to the job seeker’s Record in the Department’s IT Systems.
Assessments
Pre-release Prisoners must have an active Job Seeker Classification Instrument to Commence in Employment
Services. Employment Providers must conduct the JSCI for Pre-release Prisoners in accordance with
the Assessments Guideline.
Where an Employment Services Assessment (ESAt) is required, the Employment Provider should notify the
appropriate corrective services case manager (through a communications protocol agreed between the
Employment Provider and corrective services) that the Pre-release Prisoner requires a Referral. Corrective
services need to be involved in the process and to approve the Referral for an ESAt.
If the outcome of an ESAt recommends a different Employment service or a different Employment Provider than
the one that directly registered the Pre-release Prisoner, the Employment Provider must not action the referral.
Instead, the Employment Provider should notify the relevant Department of Employment contract manager of
the recommendation. The Department of Employment contract manager will then seek permission from
jobactive Servicing Pre-release Prisoner Guideline
TRIM ID: EM15/001035
Effective Date: 1 July 2015
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corrective services for the recommended Services and, if permission is granted, arrange for the Pre-release
Prisoner to be connected to the recommended Services or Employment Provider.
Servicing Pre-release Prisoners
Pre-release Prisoners must receive the same level of Services required under the Deed that are available to any
other Fully Eligible Participant (Other) commenced in the same Stream, including any specifics of the
Employment Provider’s Service Delivery Plan.
Employment Providers must deliver the full range of Employment Provider Services to Pre-release Prisoners,
according to the job seeker’s Phase. In the Self-Services and Job Activity Phase this will include referrals to jobs,
self-help and job search activities. In the Case Management Phase this will include referrals to jobs, self-help, job
search activities and activities to increase job competitiveness and address non-vocational issues if required.
In some instances, Pre-release Prisoners may require additional considerations related to their pre-release
prisoner status and the requirements of corrective services arrangements in place in different states and
territories. Such considerations may include:
•
•
•
•
•
the proximity of the prison or pre-release centre to jobs and support services
where Pre-release Prisoners can travel to look for work
the types of jobs a Pre-release Prisoner can be referred to
the employers that a Pre-release Prisoner can work for
the terms/restrictions of a Pre-release Prisoner’s internet access and other communication.
The provision of Services to Pre-release Prisoners under Providers’ Service Delivery Plans should be negotiated
between each Employment Provider and the corrective services for the relevant state or territory. The
Employment Provider may use the Employment Fund to assist Pre-release Prisoners. The Employment Fund
must not be used to fund activities that are currently, or should reasonably be provided by corrective services;
rather, it can be used to complement existing activities and services.
Work for the Dole Phase
Pre-release Prisoners do not have Mutual Obligation Requirements and will not enter the Work for the Dole
Phase. As such, until Pre-release Prisoners are released, Employment Providers must continue to service them
as if they were in their initial phase (either Self Service and Job Activity Phase for Stream A Participants or the
Case Management Phase for all other Streams).
Release from prison
Prisoners who are soon to be released or have recently been released from prison will be assessed by the
Department of Human Services to determine income support payment entitlements and employment services
eligibility.
Job seekers released from prison or a pre‐release centre are no longer eligible for Services under the PRP
initiative but may still be eligible for Employment Provider Services under another eligibility category. The
Department of Employment will remove the PRP indicator after the job seeker’s release.
On release, job seekers will begin their initial phase again—for example, a Stream C Participant will receive a
further 12 months of their Case Management Phase before entering the Work for the Dole Phase.
jobactive Servicing Pre-release Prisoner Guideline
TRIM ID: EM15/001035
Effective Date: 1 July 2015
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