51Agreement to undertake paid employment outside prison

51 Agreement to undertake paid employment outside prison (1) Subject to regulation 53, the Secretary may enter into an agreement in writing with a prisoner that enables the prisoner to undertake paid employment outside a prison if— (a) the prisoner has not been charged with or convicted of a serious sex offence referred to in Schedule 1 to the **Serious Offenders Act 2018**; and (b) the prisoner has not been charged with or convicted of a serious violent offence within the meaning of the Act; and (c) the prisoner— (i) has been sentenced to a minimum of 3 years imprisonment; and (ii) has between 3 and 12 months left on the prisoner's sentence to serve, before the prisoner's parole eligibility date or the end of the prisoner's sentence; and (iii) is suitable for placement in a minimum security prison or a transition centre; and (iv) has no pending court matters; and (v) has no outstanding prison offences; and (d) the prisoner is entitled to work in Australia; and (e) the Secretary is reasonably satisfied that— (i) the prisoner is not an active drug user; and (ii) the prisoner poses no risk of self-harm or suicide; and (iii) the prisoner understands and is committed to the agreement; and (iv) the prisoner's needs upon release from the prison can be appropriately addressed while the prisoner participates in the agreement; and (v) the prisoner is capable of satisfying the terms and conditions of the agreement; and (vi) the prisoner does not pose a risk to the community as a result of the prisoner's participation in the agreement. (2) An agreement under this regulation takes effect when— (a) the prisoner agrees to the terms and conditions of the agreement referred to in regulation 52; and (b) the agreement is signed by the Secretary and the prisoner. (3) An agreement may be revoked by the Secretary at any time. (4) The Secretary may revoke the agreement if the Department is informed that the prisoner's work performance is unsatisfactory, or the prisoner's behaviour places the safety of any person at risk. (5) The Department may contact the prisoner's employer to ensure that— (a) the prisoner is attending the paid employment in accordance with the terms and conditions of the agreement; and (b) the prisoner and members of the public are not at risk as a result of the prisoner undertaking paid employment outside a prison. (6) The Department may review the agreement after the prisoner has commenced paid employment outside the prison to determine whether the prisoner remains suitable to undertake the paid employment.