sec.311Prisoners trust fund

### sec.311 Prisoners trust fund The chief executive must keep a trust fund called the prisoners trust fund. The prisoners trust fund is to consist of an account for each prisoner for whom an amount is received by the chief executive. Subject to section 311A , all amounts received for a prisoner by the chief executive must be paid into the prisoner’s account in the prisoners trust fund. If the public trustee is managing the prisoner’s estate and the public trustee asks for the payment, the chief executive must pay the amount in the prisoner’s account to the public trustee. A prisoner may, with the chief executive’s approval, spend an amount that is in the prisoner’s account. The chief executive may limit any or all of the following— the amount that may be received as a single receipt for a prisoner; the amount that may be held in a prisoner’s account in the prisoners trust fund; the amount a prisoner may spend; the amount a prisoner may spend on personal calls within a stated period. The limitations are to be set out in administrative procedures under section 265 . More restrictive limitations may be applied to a prisoner if the chief executive reasonably believes the prisoner is likely to use personal calls to engage in prohibited prisoner communication. For subsection (8) , the chief executive may have regard to the following— whether a domestic violence order or notice is, or has ever been, in force against the prisoner; the terms of a domestic violence order or notice or other court order in force against the prisoner; information from a law enforcement agency; the record of the prisoner relating to prohibited prisoner communication and the making of personal calls in contravention of applicable terms and conditions; the nature and seriousness of the prisoner’s criminal history or history of breaching domestic violence orders or notices or other court orders; any other factor the chief executive considers relevant. The limitations must not be so restrictive as to effectively limit a prisoner to making fewer than 7 personal calls in any 7 day period. When a prisoner is discharged or released, the chief executive must pay the prisoner the amount in the prisoner’s account. s 311 amd 2009 No. 30 s 34 ; 2024 No. 25 s 45 amd 2025 No. 8 s 319 (uncommenced amendment) (sec.311-ssec.1) The chief executive must keep a trust fund called the prisoners trust fund. (sec.311-ssec.2) The prisoners trust fund is to consist of an account for each prisoner for whom an amount is received by the chief executive. (sec.311-ssec.3) Subject to section 311A , all amounts received for a prisoner by the chief executive must be paid into the prisoner’s account in the prisoners trust fund. (sec.311-ssec.4) If the public trustee is managing the prisoner’s estate and the public trustee asks for the payment, the chief executive must pay the amount in the prisoner’s account to the public trustee. (sec.311-ssec.5) A prisoner may, with the chief executive’s approval, spend an amount that is in the prisoner’s account. (sec.311-ssec.6) The chief executive may limit any or all of the following— the amount that may be received as a single receipt for a prisoner; the amount that may be held in a prisoner’s account in the prisoners trust fund; the amount a prisoner may spend; the amount a prisoner may spend on personal calls within a stated period. (sec.311-ssec.7) The limitations are to be set out in administrative procedures under section 265 . (sec.311-ssec.8) More restrictive limitations may be applied to a prisoner if the chief executive reasonably believes the prisoner is likely to use personal calls to engage in prohibited prisoner communication. (sec.311-ssec.9) For subsection (8) , the chief executive may have regard to the following— whether a domestic violence order or notice is, or has ever been, in force against the prisoner; the terms of a domestic violence order or notice or other court order in force against the prisoner; information from a law enforcement agency; the record of the prisoner relating to prohibited prisoner communication and the making of personal calls in contravention of applicable terms and conditions; the nature and seriousness of the prisoner’s criminal history or history of breaching domestic violence orders or notices or other court orders; any other factor the chief executive considers relevant. (sec.311-ssec.10) The limitations must not be so restrictive as to effectively limit a prisoner to making fewer than 7 personal calls in any 7 day period. (sec.311-ssec.11) When a prisoner is discharged or released, the chief executive must pay the prisoner the amount in the prisoner’s account. - (a) the amount that may be received as a single receipt for a prisoner; - (b) the amount that may be held in a prisoner’s account in the prisoners trust fund; - (c) the amount a prisoner may spend; - (d) the amount a prisoner may spend on personal calls within a stated period. - (a) whether a domestic violence order or notice is, or has ever been, in force against the prisoner; - (b) the terms of a domestic violence order or notice or other court order in force against the prisoner; - (c) information from a law enforcement agency; - (d) the record of the prisoner relating to prohibited prisoner communication and the making of personal calls in contravention of applicable terms and conditions; - (e) the nature and seriousness of the prisoner’s criminal history or history of breaching domestic violence orders or notices or other court orders; - (f) any other factor the chief executive considers relevant.