34ABBusiness activities

34AB Business activities

[Section 34AB Inserted by No. 52 of 2016, s. 15, Applied:01 Dec 2017]

(1)  In this section –

conduct a business includes making preparations to conduct a business.

(2)  A prisoner must not conduct a business in or from prison without the consent of the Director, given specifically for that business.

(3)  In determining whether to give consent for a prisoner to conduct a business in or from prison, the Director may have regard to such matters as he or she thinks fit in the circumstances, including –

(a) whether the conduct of the business could reasonably be expected to excite adverse community reaction, particularly from victims of crime; and

(b) whether there is any risk that any person could use the business for unlawful ends; and

(c) whether the conduct of the business could disrupt prison routine or compromise its management, good order or security; and

(d) whether the business is one that would be reasonably practicable and manageable to conduct in a prison environment; and

(e) the regulatory requirements of conducting the business, and associated compliance and legal capacity issues; and

(f) whether conducting a business of a like kind was the basis for, or a relevant factor in, previous unlawful conduct of the prisoner; and

(g) whether there could be rehabilitative benefits for the prisoner.

(4)  The Director, if in his or her absolute discretion he or she considers it appropriate to do so, may withdraw a consent given under this section at any time.

(5)  No liability attaches to the Director or the Crown in respect of any consent given by the Director in good faith to a prisoner under this section or the withdrawal by the Director of any such consent.