Corrections Act 1997

In this section – conduct a business includes making preparations to conduct a business.

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

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 – whether the conduct of the business could reasonably be expected to excite adverse community reaction, particularly from victims of crime; and whether there is any risk that any person could use the business for unlawful ends; and whether the conduct of the business could disrupt prison routine or compromise its management, good order or security; and whether the business is one that would be reasonably practicable and manageable to conduct in a prison environment; and the regulatory requirements of conducting the business, and associated compliance and legal capacity issues; and whether conducting a business of a like kind was the basis for, or a relevant factor in, previous unlawful conduct of the prisoner; and whether there could be rehabilitative benefits for the prisoner.

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.

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.