Victorian Current Acts Victorian Current Acts (1) If an agreement under section 8B(1) relates
to
the management of a correctional service, the Minister may intervene in the
management of that service if—
(a) the Minister considers that—
(i) there is an emergency in the service; or
(ii) the contractor has failed to provide competent management of the service; and
(b) the Minister considers that it is in the public interest or the interest of the safe custody or welfare of prisoners or offenders to intervene.
(2) If the Minister intervenes in the management of a correctional service, the Minister may appoint an administrator to manage the service until the Minister determines that—
(a) the emergency is over; or
(b) the contractor is able to manage the service to the satisfaction of the Minister.
(3) If an administrator is appointed under subsection (2), then for the period of that appointment—
S. 8F(3)(a) amended by No. 41/2015 s. 41.
(a) the contractor, a sub-contractor and any person appointed or employed by the contractor, or a sub-contractor to manage the service must—
(i) manage the service in accordance with the directions of the administrator; or
(ii) cease to manage the service completely or to the extent directed by the administrator; and
(b) any person who is employed by the contractor or a sub-contractor in relation to the service must comply with the directions of the administrator in relation to the management and operation of the service.
Penalty: 50 penalty units.
(4) An administrator appointed under subsection (2) has and may exercise all of the functions or powers under this Act or the regulations of a Governor, prison officer, Regional Manager and community corrections officer in relation to the service and prisoners and offenders for the period of appointment.
S. 8F(5) amended by No. 45/1996 s. 17(Sch. 1 item 7).
(5) The Secretary must provide the administrator with any assistance necessary to the carrying out of his or her functions under this section.
(6) This section applies despite anything to the contrary in the agreement.
S. 8G
inserted by No. 94/1994 s. 7.