sec.311ADealing with amounts received for prisoners in particular cases

### sec.311A Dealing with amounts received for prisoners in particular cases This section applies if the chief executive receives an amount for a prisoner and any of the following apply— the chief executive is not satisfied that the donor of the amount is sufficiently identified; the donor of the amount is not an approved donor for the prisoner; the donor of the amount was released from a corrective services facility within 1 year before the chief executive received the amount; the amount is more than the allowable receipt amount; payment of the amount into the prisoner’s account would result in the balance of that account being more than the allowable balance. The chief executive must return the amount to its donor. However, the chief executive may decide to receive an amount for the prisoner even if the donor of the amount was released from a corrective services facility within 1 year before the chief executive received the amount. If, despite making reasonable efforts, the chief executive can not return the amount to its donor, the chief executive must, as the chief executive considers appropriate— pay the amount to an entity nominated by the prisoner; or keep the amount in the prisoner’s account until the prisoner is discharged or released. A donor is an approved donor for a prisoner unless the chief executive decides not to receive an amount for the prisoner from the donor for payment into the prisoner’s account in the prisoners trust fund. To remove any doubt, the prisoner can not access an amount held in the prisoner’s account under subsection (4) (b) . In this section— allowable balance , for a prisoner’s account, means the amount allowed under section 311 (6) (b) . allowable receipt amount means the amount allowed for a single receipt for a prisoner under section 311 (6) (a) . donor , of an amount received for a prisoner, means the person from whom the amount is received. prisoner’s account , for a prisoner, means the prisoner’s account mentioned in section 311 (2) . s 311A ins 2009 No. 30 s 35 amd 2020 No. 23 s 49 (sec.311A-ssec.1) This section applies if the chief executive receives an amount for a prisoner and any of the following apply— the chief executive is not satisfied that the donor of the amount is sufficiently identified; the donor of the amount is not an approved donor for the prisoner; the donor of the amount was released from a corrective services facility within 1 year before the chief executive received the amount; the amount is more than the allowable receipt amount; payment of the amount into the prisoner’s account would result in the balance of that account being more than the allowable balance. (sec.311A-ssec.2) The chief executive must return the amount to its donor. (sec.311A-ssec.3) However, the chief executive may decide to receive an amount for the prisoner even if the donor of the amount was released from a corrective services facility within 1 year before the chief executive received the amount. (sec.311A-ssec.4) If, despite making reasonable efforts, the chief executive can not return the amount to its donor, the chief executive must, as the chief executive considers appropriate— pay the amount to an entity nominated by the prisoner; or keep the amount in the prisoner’s account until the prisoner is discharged or released. (sec.311A-ssec.5) A donor is an approved donor for a prisoner unless the chief executive decides not to receive an amount for the prisoner from the donor for payment into the prisoner’s account in the prisoners trust fund. (sec.311A-ssec.6) To remove any doubt, the prisoner can not access an amount held in the prisoner’s account under subsection (4) (b) . (sec.311A-ssec.7) In this section— allowable balance , for a prisoner’s account, means the amount allowed under section 311 (6) (b) . allowable receipt amount means the amount allowed for a single receipt for a prisoner under section 311 (6) (a) . donor , of an amount received for a prisoner, means the person from whom the amount is received. prisoner’s account , for a prisoner, means the prisoner’s account mentioned in section 311 (2) . - (a) the chief executive is not satisfied that the donor of the amount is sufficiently identified; - (b) the donor of the amount is not an approved donor for the prisoner; - (c) the donor of the amount was released from a corrective services facility within 1 year before the chief executive received the amount; - (d) the amount is more than the allowable receipt amount; - (e) payment of the amount into the prisoner’s account would result in the balance of that account being more than the allowable balance. - (a) pay the amount to an entity nominated by the prisoner; or - (b) keep the amount in the prisoner’s account until the prisoner is discharged or released.