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Corrections Act 2004

Corrections system - Miscellaneous - Management of prisons

199B: Liability of contractor

You could also call this:

"Contractors must pay the government back if they cause problems or damage while managing a prison."

If you are a contractor working with the government to manage a prison, you must pay back the government if they are held responsible for something you or your employees did. This includes if someone makes a claim against the government because of something you or your employees did or did not do. You must also pay back the government if you or your employees damage or lose any of the government's property. When deciding who is responsible for something a contractor or their employees did, you are not considered to be working for the government. This rule does not affect any other rights the government may have to get money back from you, as outlined in your contract to manage the prison, which can be found through the Corrections (Contract Management of Prisons) Amendment Act 2009.

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Topics:
Crime and justice > Criminal lawGovernment and voting > Government departments
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199A: Delegation of powers and functions of contractor, or

"Contractors running prisons must follow some government rules to help them manage the prison."

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199C: Subcontractors, or

"Contractors can pass some jobs to others with the boss's written okay"

Part 2Corrections system
Miscellaneous: Management of prisons

199BLiability of contractor

  1. The Crown is entitled to be indemnified by a contractor—

  2. against any claim arising out of any act or omission of the contractor, or the contractor's employees or agents, for which the Crown is held liable (in whole or in part); and
    1. for any act or omission of the contractor, or the contractor's employees or agents, that results in damage to, or loss of, any property of the Crown.

      1. For the purposes of determining the liability of the Crown or the contractor for any act or omission of a contractor or a contractor's employees or agents, neither the contractor nor the contractor's employees or agents are to be treated as agents of the Crown.

      2. This section does not limit any other right to indemnification that may be provided in a prison management contract.

      Compare
      • 1954 No 51 s 4C
      Notes
      • Section 199B: inserted, on , by section 5 of the Corrections (Contract Management of Prisons) Amendment Act 2009 (2009 No 59).