Court Security and Custodial Services Contract

GOVERNMENT OFWESTERN AUSTRALIA

Court Security and Custodial Services Contract

Between

The Commissioner of the Department of Corrective Services, for and on behalf ofthe State of Western Australia

and

Serco Australia Pty Limited(ABN 44 003 677 352)

Court Security and Custodial Services

TABLE OF CONTENTS

1. DEFINITIONS AND INTERPRETATIONS 121.1 Definitions 12

2. INTERPRETATION 282.1 Headings 282.2 Last day not a business day 282.3 Joint and several covenants 282.4 Reference to a Party 282.5 Singular, plural and gender 282.6 Reference to other document 282.7 Reference to a thing 282.8 Reference to a clause or subclause 282.9 Reference to a person and a body corporate 292.10 Governing law and jurisdiction 292.11 Cost of and undertaking obligations 292.12 Continuing obligation 292.13 Reference to a Law 292.14 Reference to governmental department or position 29

3. ENGAGEMENT OF CONTRACTOR 303.1 Engagement 30

4. GENERAL PRINCIPLES 314.1 Background 314.2 Contract Objectives 314.3 Service Outcomes 314.4 Interpretation 324.5 Inconsistency 32

5. TERM 335.1 Duration of this Contract 335.2 Option to extend Operating Period 335.3 Informal continuation of Services 33

6. CONDITIONS PRECEDENT AND INITIAL OBLIGATIONS 346.1 Satisfaction and waiver of conditions 346.2 Result of non-satisfaction of conditions 34

7. TRANSITION ARRANGEMENTS 357.1 Contractor to prepare a Transition Plan 357.2 Transition Plan to include specified items 357.3 Principal to endorse Transition Plan 357.4 Failure to prepare Transition Plan 367.5 Transition Obligations 36

8. RISK MANAGEMENT PLAN, BUSINESS CONTINUITY PLAN, EMERGENCYPLAN AND DISASTER RECOVERY PLAN 37

8.1 Contractor to prepare Risk Management Plan 378.2 Principal to endorse Risk Management Plan 378.3 Contractor to review and maintain Risk Management Plan 378.4 Contractor to prepare Business Continuity Plan 378.5 Principal to endorse Business Continuity Plan 378.6 Contractor to review and maintain Business Continuity Plan 388.7 Contractor to prepare Emergency Plan 388.8 Principal to endorse Emergency Plan 388.9 Contractor to review and maintain Emergency Plan 388.10 Contractor to prepare Disaster Recovery Plan 388.11 Principal to endorse Disaster Recovery Plan 388.12 Contractor to review and maintain Disaster Recovery Plan 39

9. WORK STANDARDS 409.1 The Services 409.2 Skill levels 409.3 Maintenance 409.4 Efficiency and cost-effectiveness 40

CONTRACT NO DCS0402010 Page 2 of 289 JUNE 2011


9.5 Compliance with Laws and Australian Standards 4010 OPERATING MANUAL 41

10.1 Contractor to prepare an Operating Manual 4110.2 Principal to endorse Operating Manual 4110.3 Contractor to review and keep up to date Operating Manual 4110.4 Compliance with the Operating Manual 4210.5 Revisions to the Operating Manual by the Principal 4210.6 Inconsistencies 42

11 QUALITY 4311.1 Contractor registration requirements 4311.2 Contractor certification requirements 4311.3 Contractor to maintain certification requirements 4311.4 Contractor to permit access to the Quality Management System 43

12 SERVICES 4412.1 Performance 4412.2 Service Standards 4412.3 Provision of Contractor Employees and Resources 4512.4 Contractor Resources Register 4512.5 Integration with State Services 46

13 ADMINISTRATION OF AGREEMENT 4713.1 Appointment of Contract Manager 4713.2 Role and responsibility of Contract Manager 4713.3 Knowledge of Contract Manager 4713.4 Contractor to comply with directions 4713.5 Oral directions 4713.6 Appointment of a Contractor Representative 4813.7 Role and responsibility of Contractor Representative 4813.8 Knowledge of the Contractor Representative 4813.9 Availability of Contractor Representative 4813.10 Nominated Office Holder 4813.11 Client Agency Representative 4913.12 Contract Management Group 4913.13 CS&CS Board 5013.14 Agency Consultative Committee 5013.15 Strategic Planning Group 50

14 SECURITY DEPOSIT / BANK GUARANTEE 5114.1 Parent Guarantee 5114.2 Performance Bond 5114.3 Requirements of Performance Bond 5114.4 No Interest Payable and No Trust 5114.5 No right to injunct 5214.6 New Performance Bond on rating downgrade or loss of licence 5214.7 Failure to replace Performance Bond 5214.8 CPI 52

15 INVOICING, PRICING AND PAYMENT 5315.1 Form of Invoices 5315.2 Pricing and Payment 53

16 AUDIT 5416.1 The Principal's audit of the Contractor operations 5416.2 The Principal's audit of the Contractor financial resources and invoicing 5416.3 Overcharge to the Principal 5416.4 The Contractor's Internal Audit 5416.5 Periodic Reviews 55

17 INSURANCE 5617.1 Insurance Requirements 5617.2 Reputable and Solvent Insurer 5617.3 Maintenance of Insurance 5617.4 Evidence of Insurance 5617.5 Failure to Prove Insurance 56



17.6 Incidents and claims 5617.7 Continuing obligation 5617.8 No Limitation of Other Liabilities 5717.9 Insurances Primary 57

18 HUMAN RESOURCES ..........-... ............. -........_-..- ........... .................- 5918.1 Staffing Plan 5918.2 Recruitment & Retention of experienced Contractor Employees 5918.3 Contractor to develop Code of Conduct 6018.4 Principal to endorse Code of Conduct 6018.5 Contractor to review and maintain Code of Conduct 6018.6 Contractor to have in place human resource systems 60

19 CONTRACTOR EMPLOYEES & CONTRACT WORKERS 6219.1 Provision of Contractor Employees & Contract Workers 6219.2 Engagement of Contractor Employees & Contract Workers 6219.3 Issue of Permits to Contract Workers 6319.4 Ongoing disclosure requirements 6319.5 Removal of Contract Workers 6419.6 Principal's approvals 6419.7 Contractor to keep records relating to Contract Workers 6419.8 Access to Contract Workers 6519.9 Application to Subcontractors 6519.10 Contract Workers Engaged at Contractor's Own Risk 65

20 TRAINING 6620.1 Contractor to provide training registered by a Registered Training Organisation6620.2 Pre-Service Training Programme for Contract Workers 6620.3 Contract Workers to be trained to a minimum level of Certificate III 6720.4 Supervisors to be trained to a minimum level of Certificate IV 6720.5 Specific Training Programmes for Contract Workers 6720.6 Ongoing Training Programmes for Contract Workers 6720.7 Training and Qualifications of Contract Workers 6820.8 Additional Training Requirements 68

21 INDUSTRIAL RELATIONS 6921.1 Good relations 6921.2 Compliance with Industrial Instruments 6921.3 Industrial Disputes 6921.4 Minimising adverse effects 6921.5 Remedial action under CS&CS Act 69

22 CONFLICT OF INTEREST 7022.1 Corrupt gifts and payments 70

23 CONFIDENTIALITY AND SECURITY 7123.1 Contractor's obligations of confidentiality 7123.2 Permitted disclosure 7123.3 Third parties 7123.4 Compulsory disclosure 7123.5 Media release 7223.6 Public documents 7223.7 Continuing obligation 72

24 FREEDOM OF INFORMATION 7324.1 Contractor to provide assistance 7324.2 Contractor becoming aware of freedom of information request 7324.3 Section 38 of the CS&CS Act 73

25 CONTRACTING ..... ....... .................................................. 7425.1 Application for and Permitting Subcontracting 7425.2 Conditions for Subcontractors 7425.3 Principal's Approval of Subcontract 7525.4 Information Requirements 7525.5 Contractor's liability not affected 7525.6 Liability for Subcontractors 76

26 CONTRACTOR TRANSPORT 77



26.1 Provision of transport 7726.2 Contractor to acquire Vehicles from the Principal 7726.3 Suitability of transport 7726.4 Selection and maintenance of transport 7826.5 Contractor to have fleet management system 7826.6 Security specifications 7826.7 Finance or Leasing arrangements 7926.8 Information to be provided to the Principal 7926.9 Principal's option to acquire Transport Fleet upon termination 7926.10 Cost of Air Charter 80

27 ACCESS TO AND USE OF FACILITIES 8127.1 Licence to Contractor for access and use of Designated Areas 8127.2 Right of access to Service Sites for Principal 8127.3 Use of Service Site Equipment 8227.4 Maintenance, repair and damage 8227.5 Heritage protection 82

28 INTELLECTUAL PROPERTY 8328.1 Intellectual Property Rights warranties and indemnities by the Contractor 8328.2 Pre-existing Intellectual Property Rights 8428.3 New Intellectual Property Rights 8428.4 Third Party Intellectual Property Rights 8428.5 Intellectual Property Register 84

29 REPORTING REQUIREMENTS 8529.1 Reporting of Critical Incidents 8529.2 Reporting of Major Incidents 8529.3 Reporting of Situation Reports 8529.4 Intelligence and Information Reporting 8529.5 Monthly Report 8629.6 Annual Performance Report 8629.7 Annual Accounts 86

RECORDS KEEPING 8730.1 Contractor to keep records 8730.2 Financial records 8730.3 Access to records and information 8830.4 Records to be held 8830.5 Legible reproductions 88

31 PROBITY INVESTIGATION 8931.1 Principal's Inquiries 8931.2 Notification of a Probity Event 8931.3 Action by the Contractor 89

32 DISPUTES 9032.1 Negotiation by Contract Manager and Contractor's Representative 9032.2 Negotiation by senior representatives of the parties 9032.3 Referral to CS&CS Board 9032.4 If Dispute Not Settled 9032.5 No effect on available rights and remedies 9032.6 Contractor must continue to perform the Services 90

33 TERMINATION 9133.1 Termination for Event of Default 9133.2 Termination by agreement 9133.3 Termination for convenience 9133.4 Statutory remedies 9133.5 Procedures after termination 92

34. STEP-IN 9334.1 Right of Step-In 9334.2 Suspension of Contractor's obligations 9334.3 Payments 9334.4 Contractor to assist the Principal 9334.5 Acknowledgments 94



34.6 Power of attorney 9434.7 Cessation of step-in rights 94

35 DISENGAGEMENT ARRANGEMENTS 9535.1 Disengagement Plan 9535.2 Non-frustration of Disengagement 9635.3 Contractor's obligations on Disengagement 9635.4 Contract Workers 9735.5 Third Party contracts and the supply of goods and services 9835.6 Transfer of Contractor Resources 9835.7 Transfer Price 98

36 INDEMNITY 9936.1 Indemnity 9936.2 Application of Civil Liability Act 9936.3 Limitation of Liability 100

37 FORCE MAJEURE 10237.1 Notice by Force Majeure Party 10237.2 Force Majeure Party will implement reasonable procedures 10237.3 Force Majeure Party to keep Non-Affected Party advised of developments 10237.4 Reduction in Monthly Payment 10337.5 Termination if Force Majeure continues 103

38 REPRESENTATIONS AND WARRANTIES 10438.1 Corporate representations 10438.2 The Contractor's representations 10438.3 Repetition of representations and warranties 10438.4 Reliance on representations and warranties 105

39 GENERAL 10639.1 Costs 10639.2 Stamp Duty 10639.3 Approvals, consents, determinations or waivers 10639.4 Authority to date 10639.5 Enforcement of indemnity39.6 Ensure compliance by others 10739.7 Entire Contract 10739.8 Publication of documents 10739.9 Exercise of Powers 10739.10 Further assurances 10739.11 Service of Notices 10739.12 Statutory powers 10839.13 Survival 10839.14 Variation and waiver 10839.15 Counterparts 10939.16 Attorneys 109

40 ASSIGNMENT 11040.1 Assignment by the Contractor 11040.2 Transfer by the Principal 110

41. CHANGE IN CONTROL AND MANAGEMENT 11141.1 Change in Control 11141.2 Change in Management 112

42. LOBBYISTS 11343 PRIVACY 11444 AUDITOR GENERAL 11545 INFORMATION TECHNOLOGY 11646 CHANGE OF LAW 11847 ADD OR REMOVE SERVICES 119

47.1 Variations by the Principal 11947.2 Contractor to comply 11947.3 Price for variation 119

48 PERFORMANCE IMPROVEMENT NOTICES 12148.1 Issuance of a Performance Improvement Notice 121



48.2 Requirements for a Performance Improvement Notice 12148.3 Additional Requirements for a Performance Improvement Notice 12248.4 Response to a Performance Improvement Notice 122

49 INNOVATION AND SAVINGS SHARING 12349.1 Innovation Scheme 12349.2 Innovation Application 12349.3 Payment of Innovation Savings Sharing 12449.4 Cost Savings 12449.5 Savings Notification 12549.6 Payment of Cost Saving 125

SCHEDULE 1: SPECIFIED EVENTS 1281. Introduction 1282. Definitions 1283. Specified Event Monitoring and Reporting Method 1294. Specified Event Assessment Method 1295. Abatement Level 1296. Specified Events 1307 Specified Event Multiplication Factor 134

SCHEDULE 2: KEY PERFORMANCE INDICATORS 1361. Introduction 1362. Definitions 1363. KPI Monitoring and Reporting Methods 1384. KPI Assessment Method 1385. Performance Failures 1386. Abatement Points and Maximum Abatement Amount 1397. Contractual Failure 1408. Reporting Failure 1409. Service Failure 14210. Performance Failure Event Multipliers 145

SCHEDULE 3: PAYMENT MECHANISM 1491. Definitions2. Monthly Service Payment (MSP) 1503. Gross Monthly Service Payment (GMSP) 1504. Indexation Adjustment (IA) 1515. Abatement regime 1526. Service Payment Adjustment (SPA) 1557. Milestone Transition Fee (MTF) 156

Attachment 1 to Schedule 3 - Services Pricing Tables 157Attachment 1.1 to Schedule 3 - Movement Services Pricing Tables 159

Pricing Table 1 Interprison Transfers Metropolitan 159Pricing Table 2 Interprison Transfers Regional 161Pricing Table 3 Court Transfers Metropolitan 163Pricing Table 4 Court Transfers Regional 165Pricing Table 5 Lock Up Clearances Metropolitan 168Pricing Table 6 Lock Up clearances Regional 170

Attachment 1.2 to Schedule 3 -Court Security and Custody Services PricingTables 172

Pricing Table 7 Court Security Services Metropolitan 172Pricing Table 8 Court Security Services Regional 174Pricing Table 9 Custody Services Metropolitan 176Pricing Table 10 Custody Services and Lock Up Custody Management ServicesRegional 178

Attachment 1.3 to Schedule 3- Other Escort Services Pricing Tables 180Pricing Table 11 Medical escorts, funeral escorts and other escorts Metropolitan 180Pricing Table 12 Medical escorts, funeral escorts and other escorts Regional 183Pricing Table 13 Hospital Sits Metropolitan 186Pricing Table 14 Hospital Sits Regional 188

Attachment 2 to Schedule 3 - Additional Services Pricing Tables 190Pricing Table 15 Schedule of Rates -Court Security and Custody Services 190



Pricing Table 16 Schedule of Rates -Movement Services and Other Escort Services 191Attachment 3 to Schedule 3 - Transition Pricing Tables 192

Pricing Table 17 Transition Services 192SCHEDULE 4: INVOICING AND PAYMENT 193

1. Definitions 1932. Invoicing and Payment 1942.1 Monthly Service Payment 1942.2 Monthly Invoice 1952.3 Payment of Monthly Invoice 1972.4. Disputing an invoice 1972.5 Overpayment 1972.6 Payment not evidence that Services satisfactory 1973. Variation of Pricing Tables 197

Attachments to Schedule 4 200Attachment 1 to Schedule 4 - Invoice Format 200Attachment 2 to Schedule 4 - Baseline Volume Band 204SCHEDULE 5: GENERAL SERVICE REQUIREMENTS 206

1. Compliance with Legislation 2062. Compliance with Policies and Procedures 2073. Interface with Other Parties 2074. Duty of Care 2085. Industry Best Practice 2086. First Aid/ Health care 2097. Self Harm 2098. Medication 2099. Custody and Security 20910. Risk Management 21011. Emergency Management 21012. Operating Manual 21113. Incidents 21514. Reporting 21614.1 Incident Reporting 21714.2 General Reporting 21714.3 Court Security and Custody Reporting 21814.3.1 Court custody centre management 21814.3.2 Individual Court location management information 21915. Contractor Employees 22116. Contractor Staff Training 22217. Uniform 22418. Vehicles 22419. Code of Conduct 22420. Complaints 22421. Contract Administration 22522. Quality Assurance 22523. Information Systems 22523.1 TOMS 22623.2 C3S 22623.3 Police Custody 22723.4 Interfacing Requirements 227

SCHEDULE 6: MOVEMENT SERVICES 2281. Description 2282. Custody and Security Principles 2283. Minimum Movement Requirements 2294. Mode of Transport 2315. Contractor Obligations 2336. State Obligations 2337. Movement Service Tasks 2347.1 Court Transfers 2357.2 Interprison Transfers 236



7.3 Lock Up Clearances 2387.4 Medical Escorts 2417.5 Royal Perth Hospital Outpatient Facility 2437.6 Hospital Sits 2447.7 Funeral Escorts 2457.8 Other Escorts 2458. Movement Services Requirements 2469. Prison Location Description 24610. Services Exclusions 247

SCHEDULE 7: COURT SECURITY SERVICES 2481. Description 2482. Security Principles 2483. Safety and Security Provisions 2484. Reception/Entry Security 2495. Primary Security Checkpoint 2496. Secondary Security Checkpoints 2507. Alternative Entry Points 2508. Registry Security 2509. Overall Building Security 25110. Access Management Controls 25111. Reception into Court Premises 25112. Courtroom Security 25213. Additional Security at High Risk Trials 25214. Segregation of Court Users 25215. After Hours Monitoring 25316. Key Security Roles 25316.1 Roving Guard 25316.2 Gallery Guard 25416.3 Court Orderly 25616.4 Dock Guard 25716.5 Escorts 25717. Court Security and Custody Services Requirements 25817.1 Court Security and Custody Services 25817.2 Court Location Description 25817.2.1 Supreme Court Stirling Gardens and Stirling Gardens Magistrates Court 25817.2.2 Supreme Court 111 St Georges Terrace 25917.2.3 Family Court of Western Australia 25917.2.4 East Perth Lock Up Court 25917.2.5 Children's Court of Western Australia 25917.2.6 Armadale Court 25917.2.7 Fremantle Court 25917.2.8 Joondalup Court 25917.2.9 Mandurah Court 25917.2.10 Midland Court 26017.2.11 Rockingham Court 26017.2.12 Albany Court 26017.2.13 Broome Court 26017.2.14 Bunbury Court 26017.2.15 Busselton Court 26017.2.16 Carnarvon Court 26117.2.17 Geraldton Court 26117.2.18 Kalgoorlie Court 26117.2.19 Kununurra Court 26117.2.20 South Hedland Court 26117.3 Service Exclusions 261

SCHEDULE 8: CUSTODY SERVICES 2631. Court Custody Description 2632. Court Custody Principles 2633. Court Custody Safety and Security Incidents 264



4. Court Custody Sallyport Receival Person in Custody 2644.1 Key Principles 2644.2 Key Sallyport Receival Tasks 2665. Court Custody Centre Receival Bailee 2665.1 Key Principles 2665.2 Key Bailee Receival Tasks 2676. Court Custody Courtroom Receival Bailee 2686.1 Key Principles 2686.2 Key Bailee Receival Tasks 2697. Court Custody General Receival Requirements 2697.1 Information to PIC and Bailees 2697.2 Property and/or Medication with PIC and Bailees 2697.3 Management and Segregation of PIC and Bailees 2707.4 High Security Escorts 2718. Court Custody General Custody Centre Requirements 2718.1 Control and Monitoring 2718.2 Supervision of PICs 2718.3 PIC Witness 2728.4 Movement of PICs and Bailees to and from the Courtroom 2728.5 Legal Visits and Support Services 2738.6 Self Representing PIC 2748.7 People with Disabilities 2748.8 Interpreter for Non-English Speaking Persons 2758.9 Food Services 2758.10 Cleaning and Hygiene 2758.11 Discharge of PIC 2769. State Obligations 27710. Key custody roles 27710.1 Custody Officer 278

SCHEDULE 9: LOCK UP CUSTODY MANAGEMENT SERVICES 2801. Description 2802. Prescribed Lock Up Locations 2803. Lock Up Custody Management Requirements 2814. Lock Up Custody and Security Principles 2815. Lock Up Custody Management Minimum Requirements 2816. Lock Up Custody Management Exclusions 282

SCHEDULE 10: GUARANTEE 283SCHEDULE 11: INSURANCES 287SCHEDULE 12: VEHICLES TO BE ACQUIRED BY THE CONTRACTOR FROM THEPRINCIPAL 288



Date 2011

Parties

1. Heather Harker in her capacity as Acting Commissioner of the Department ofCorrective Services, of 141 St George's Terrace, Perth, Western Australia,6000, for and on behalf of the State of Western Australia (`the Principal')

and

2. Serco Australia Pty Limited (ABN 44 003 677 352), Level 10, 90 Arthur Street,North Sydney, New South Wales, 2060 (`the Contractor')

Recitals

A. The Contractor submitted, in respect to the Request, Provision of Court Securityand Custodial Services, number DCS0402010 issued by the Principal on orabout 25 August 2010, a proposal to provide the Services ('Contractor'sProposal') and the Principal, after considering the Contractor's Proposal andsubsequent written and oral submissions, wishes to engage the Contractor toprovide the Services.

B. The Principal is empowered pursuant to the CS&CS Act to enter intoagreements for and on behalf of the State for the provision of court securityand custodial services and other services.

C. The Principal and the Contractor have agreed to enter into this Contract to setout their respective rights and obligations in relation to the Services. ThisContract is an agreement for the provision of court security and custodialservices within the meaning of the CS&CS Act.



It is agreed as follows.

1. DEFINITIONS AND INTERPRETATIONS

L1 Definitions

In this Contract unless the context otherwise requires, the following definitions apply.

'Abatement Points' means the number of points (expressed as a number) incurred inrespect of a Performance Failure as determined in accordance with Schedule 2.

'Agency Consultative Committee' means the committee established under clause13.14.

'Annual Performance Report' means the report prepared by the Contractor every yearin accordance with clause 29.6.

'APRA' means the Australian Prudential Regulation Authority.

Àssault' means an act of (a) striking, touching, or moving, or otherwise applying force ofany kind to the person of another, either directly or indirectly, without his consent, or withhis consent if the consent is obtained by fraud, and the act has, in any event, resulted inphysical harm, or (b) any bodily gesture which attempts or threatens force of any kind tothe person of another without his consent, under such circumstances that the personmaking the attempt or threat has the apparent and present ability to effect his purpose;or (c) deprivation of liberty.

'Associate' means a member of the judicial support staff of Supreme and District Courtjudges. The person has particular support functions.

'Bailee' means a person that is required to attend a Court as the result of a condition ofbail or other order or means a person who surrenders from a conditional release intocustody for the purposes of attending judicial proceedings at a Court.

'Best Industry Practice' means the practise of managing and providing court securityand custodial services to the standard which would reasonably and ordinarily be expectedfrom a skilled and experienced operator of similar facilities and services (whether privateor public) for similar jurisdictions such as Australia, the United Kingdom, the UnitedStates, Canada and New Zealand.

'Business Continuity Plan° means a plan setting out any documents, instructions andprocedures which will enable the Contractor to appropriately respond to any event whichresults in interruption to all or any of the Services, without any stoppage or hindrance inits operation of the Services.

'Business Day' means a day other than Saturday, Sunday or public holiday in Perth,Western Australia.

'C3S' means the Department of the Attorney General's (DotAG) Custodial ServicesSupport System (C3S), a business system in use in some Courts to facilitate themanagement of Persons in Custody including Person in Custody (PIC) movements, Courtcustody and security incidents, alerts, processes and services.

'CEO' means the Commissioner, Department of Corrective Services.



`CEO's Rules' means each rule, regulation, guideline, policy directive, operationinstruction or direction issued by the Principal relating to the provision of the Services orthe performance of the Contractor's Obligations, including, but not limited to,:

(a) Commissioner's Rules;(b) Policy Directives;(c) Operational Instructions;(d) Department of Corrective Services Assistant Commissioner Custodial

Operations Notices;(e) Standing Orders;(f) Rules of Court;(g) Rules as defined in section 32 of the CS&CS Act; and(h) Codes of ethics and conduct as referred to in section 38(h) of the CS&CS

Act,as amended or issued from time to time.

`Certificate III' means the training and qualification to the minimum Australian industryqualification application in respect of work involving Custodial Functions from the NationalTraining Package for Correctional Services, which at the Signature Date is CSC30101Certificate III in Correctional Practice.

`Certificate IV' means the training and qualification to the minimum Australian industryqualification application in respect of work involving Custodial Functions from the NationalTraining Package for Correctional Services, which at the Signature Date is CSC30101Certificate IV in Correctional Practice.

`Change in Control' means where, at any time any person alone or together with anyassociate or associates (as that term is used in the Corporations Act 2001 (Cth)), ceasesto or commences to, directly or indirectly have Control of an entity.

`Change in Management' has the meaning referred to in clause 41.2.

`Change of Law' means either:

(a) a change in any legislation, ordinance, regulation, by-law, order orproclamation;

(b) the introduction of any new legislation, ordinance, regulation, by-law, order orproclamation;

(c) a change in, the introduction of, or removal of any Standards which theContractor is obliged under any legislation, ordinance, regulation or by-law tocomply with; or

(d) a judgement of a relevant court of law which changes a binding common lawprecedent or the interpretation of any legislation, ordinance, regulation, by-law,order or proclamation,

which:

(e) occurs in Australia after the date of this Contract;

(f) has effects which could not have been reasonably foreseen by the Contractor,prior to the date of this Contract (and the parties agreed that:

(i) a greenhouse gas emissions focused government legislation, ordinance,regulation, by-law, order or promulgation (including an emissions tradingscheme or carbon tax); and

(ii) an increase in the superannuation guarantee levy under the SuperannuationGuarantee Charge Act 1992 (Cth) and the Superannuation Guarantee(Administration) Act 1992 (Cth),



and are not reasonably foreseeable); and

(g) had not been:

(i) foreshadowed by any Government Agency (and the parties agree that thechanges described in paragraphs (f)(i) and (f)(ii) of this definition are not tobe considered as having been foreshadowed by any Government Agency);or

(ii) in the case of legislation, introduced or tabled as a bill in the Parliament inwhich it was passed,

prior to the date of this Contract,

but excluding an Excluded Change of Law.

'Change of Law Notice' means a notice given under clause 46.1 meeting therequirements of clause 46.2.

'Change of Law Variation' means a change to the Contractor's Obligations directly andnecessarily caused by a Change of Law and which Change of Law will directly andnecessarily result in either:

(a) the Contractor incurring more or less costs than it otherwise would have (butfor the Change of Law), in performing the Services; or

(b) a change to the Service Requirements.

'Children's Court' means the Children's Court of Western Australia dealing with offencesalleged to have been committed by young people aged 10 to 17 years. The Court alsodeals with protection and care applications for children under the age of 18 years.

`CHIPS' means the Lower Courts Case Management System. Used by Magistrate's Courtsto record the outcomes and orders for all Magistrate's Court criminal charges.

'Claim' means any claim, action, proceeding or demand made against the personconcerned and whether in contract, tort, under any Law, or otherwise, or present orfuture, fixed or unascertained, actual or contingent.

°Client Agency' means each of the Department of Corrective Services, the Department ofthe Attorney General and the Western Australia Police.

'Client Agency Representative' means the representative appointed by the ClientAgency in accordance with clause 13.11.

'Client Agency Staff' means an employee of a Client Agency.

'Code of Conduct' means a code of conduct setting out the permissible behaviourexpected by all Contract Workers, both while they are working and when they are offduty.

'Commencement Date' means the 14 June 2011.

'Complaint' means any communication or statement of grievance or allegation of wrongdoing by the Contractor, whether written or oral, order, directive, claim, citation or noticeissued, sent or communicated by any governmental authority or any person, agency,group.



'Confidential Information' means all knowledge, information, documents, reports,notes, memoranda, material or knowledge stored in writing, in a computer, in a softwareor otherwise, relating to:

(a) anything which the Contractor knows or ought to know is confidential;

(b) the Services;

(c) a Client Agency, the Principal or a Minister;

(d) Persons in Custody; or

(e) Business systems and assets and affairs which may impact on the security of theService Sites in the State,

disclosed, communicated, delivered or provided under or in connection with this Contract,or in providing the Services whether created by the Principal or the Contractor.

'Contract' means this contract for the provision of the Services including its Schedules.

'Contract Manager' means the person appointed by the Principal under clause 13.1.

'Contractor' means the organisation engaged to provide the Services under the CS&CSAct.

'Contractor Employee' means any of the following persons:

(a) officers and employees, agents and consultants and contractors of the Contractor,including persons under the direction or control of the Contractor; and

(b) Subcontractors, officers, employees and consultants and contractors ofSubcontractors; and

(c) All Contract Workers.

'Contractor Representative' means the person appointed as the representative of theContractor under clause 13.6.

'Contractor Resources' means all goods, articles, vehicles, plant, equipment,computers, computer based systems, software, hardware, programmes and any otherproperty required to properly perform the Contractor's Obligations.

'Contractor Resources Register' means a register of all Contractor Resources inaccordance with clause 12.4.

'Contract Management Group' means the group established under clause 13.12.

'Contract Worker' means a 'contract worker' as defined in the CS&CS Act which isengaged to provide any part of the Services and, for the avoidance of doubt, includes anatural person engaged to provide any part of the Services who is:

(a) an officer, employee or agent of the Contractor; or

(b) a Subcontractor or an officer, employee or agent of a Subcontractor.

'Contractor Obligations' means the obligations of the Contractor under this Contract orimposed by Law in relation to the provision of the Services.



"Control' means:

(a) control or influence of, or having the capacity to control or influence thecomposition of the Board, or decision making, directly or indirectly, in relation tothe financial and operating policies;

(b) being in a position to cast, or control the casting of, more than 20% of themaximum number of votes that may be cast at a general meeting; or

(c) having a relevant interest (as defined in Section 608 of the Corporations Act 2001(Cth)) in more than 20% of the securities (as defined in the Corporations Act 2001(Cth)),

of an entity (whether alone or together with any associate (as that term is used in theCorporations Act 2001 (Cth)).

'Controller' means:

(a) a receiver, or receiver or manager, of the property of a corporation; or

(b) anyone else who (whether or not as agent for the corporation) is in possession, orhas control, of that property for the purpose of enforcing a change.

'Court Appointed Officer' means a person appointed by a Court who will accompanyindividuals who are granted special witness status to give evidence via closed circuittelevision.

'Court Orderly' means a person provided by the Contractor to provide the Court orderlyservices as described in the Service Requirements.

`Court Users' means persons, other than PICs, Bailees and the Contractor who attend theCourt building for a legitimate purpose, including Judicial Officers, and their support staff,parties to and witnesses in proceedings, journalists, employees of the State and othermembers of the public.

`Courts' means the Courts and tribunals of Western Australia and any place in WesternAustralia where a person or body acts judicially.

'Court Custody Centre' has the meaning defined in the CS&CS Act;

'CPI' means the Consumer Price Index compiled by the Australian Bureau of Statistics("ABS") for Perth (Capital City): All Groups, provided however that if either:

(a) the CPI ceases to be published quarterly; or

(b) the method of calculation of the CPI substantially alters,

then the CPI is to be replaced by the nearest equivalent index and any necessaryconsequential amendment are to be made. That index and those amendments are to bedetermined as follows:

(a) by agreement between the Principal and the Contractor; or

(b) if the parties do not agree by an economist appointed by the President of the LawSociety of Western Australia on the application of the State whose decision will befinal and binding.

'CS&CS Act' means the Court Security and Custodial Services Act 1999 (WA).



'CS &CS Board' means the committee established under clause 13.12.

'CS &CS Regulations' means the CS&CS Regulations 1999.

'Critical Incident' means an event or incident that impacts on the requirement of theContractor to provide a safe and secure environment and a duty of care for Persons inCustody, including those events and incidents described in Section 29 of the CS&CS Actand Regulations 7 and 12 of the CS&CS Regulations 1999, which include, but are notlimited, to the following:

(a) any escape by a Person in Custody;

(b) any event that results in a loss of control of a Person In Custody or a facility forwhich the Contractor requires external assistance to regain control;

(c) a death of any person;

(d) any serious assault on any person;

(e) any serious self harm (including any attempted suicide);

(f) any incidents of serious misconduct by a Contractor Employee (including, butnot limited to, a serious breach of discipline);

(g) rescue or attempted rescue;

(h) major disruption to court proceedings;

(I) unlawful release or unlawful detention;

(j) any situation that required the implementation of emergency plans (includingbut not limited to a riot, a hostage situation, a bomb threat, a natural ortechnological disaster, fire);

and without limiting the foregoing any major disturbance or changes to the operationof the Contractor that could lead to a disruption to the Contractor's ability to meet theContractor Obligations.

'Custody Services' means those services to be provided by the Contractor which aredescribed in Schedule 8.

'Custody Control' means the function of managing the custody centre's operationscentred on the control room.

'Custody Officer' means officers that provide management of the PIC through thesearch, reception, lock up and unlock, supervision in cells and escorting into the Courtfrom the cell areas.

'Customer' has the same meaning as Principal.

'DCS' means the Department of Corrective Services.

'Designated Areas' means areas within Service Sites which are designated by ClientAgencies from time to time for use by the Contractor to perform the Services.

'Disaster Recovery Plan' means the disaster recovery plan for the Contractor's Systems(as referred to in clause 45) to be prepared by the Contractor under clause 8.10.

'Disruption to Court Proceedings' means where a Court has to be adjourned, or cannotproceed, as determined by the Judicial Officer in charge of that Court.



'District Court' is the intermediate Court in Western Australia, presided over by a DistrictCourt judge. The District Court deals with serious criminal offences for which themaximum penalty is 20 years' imprisonment (for instance, serious assaults, breaking andentering, stealing and receiving). In civil law, the Court deals with matters generallyinvolving claims up to $750,000.

'DotAG' means Department of the Attorney General.

`Duty of Care' means the responsibility or the legal obligation of a person or organisationto avoid acts or omissions (which can be reasonably foreseen) to be likely to cause harmto others.

Èmergency' means sudden, unexpected, or impending situation that may cause injury,loss of life, damage to the property, harm to persons, and/or interference with the normalactivities of a person or organisation and which, therefore, requires immediate attentionand remedial action.

Èmergency Plan' means a plan which deals with incident and emergency contingencyand which outcomes the planned interventions, activities and management controlstructures that will manage and mitigate any event that may disrupt the day to dayroutine of the Services or expectations of the Client Agencies. Such Emergency Plan toinclude contingencies for loss of court facilities and vehicles.

Èscape' means when a PIC absents himself or herself from the charge of the Contractor,without lawful authority. Whether or not an Escape has occurred will depend on theresponsibilities of the Contractor and the facts of the individual circumstances and thePrincipal will act reasonably in making any determination.

'Event of Default' means any of the following events:

(a) the death of a Person in Custody caused or materially contributed to by abreach of the Contractor's Obligations;

(b) the escape by 2 or more Secure Persons in Custody in any Service Year causedor materially contributed to by a breach of the Contractor's Obligations;

(c) the occurrence of 2 or more other Critical Incidents caused or materiallycontributed to by the Contractor in any 1 Operating Month;

(d) the Contractor fails to remedy any breach under this Contract within 10Business Days (or such longer period as the Principal may agree to (in itsabsolute discretion) having regard to the nature of the breach) after receipt ofnotice from the Principal requiring the breach remedied;

(e) the Contractor commits a breach of this Contract which is incapable of beingremedied;

(f) the Contractor wholly or substantially abandons the Services;

(g) an Insolvency Event occurs in relation to the Contractor, whether or not theContractor is then in breach of this Contract;

(h) an Insolvency Event occurs in relation to the Guarantor and the Guarantor isnot replaced within 20 Business Days by a Party approved by the Principal;

(i) there is a Change in Control of the Contractor or a Change in Management ofthe Contract without the Principal's consent;

(J) Service Failures occur which results in abatements to the Monthly ServicePayments of more than 5% of the Monthly Service Payment in each of any 3consecutive Operating Months; or



(k) Service Failures occur which results in abatements to the Monthly ServicePayments of more than 4% of the aggregate Monthly Service Payments for any6 consecutive Operating Months in a Service Year.

'Excluded Change of Law' means any Change of Law:

(a) the effects of which must be satisfied by the Contractor under clause 21; or

(b) which affects the Tax applying to the Contractor,

other than:

(c) a Tax imposed by the State of Western Australia;

(d) the superannuation guarantee levy under the Superannuation GuaranteeCharge Act 1992 (Cth) and the Superannuation Guarantee (Administration) Act1992 (Cth); or

(e) a Tax described in paragraph f(i) of the definition of Change of Law.

'Force Majeure' means any of the following events or occurrences, and the effect of thefollowing events and occurrences not within that Party's control, but only to the extentthat a Party is prevented from, or delayed in, performing that Party's obligation under thisContract taking into account contingency measures that Party should reasonably have inplace:

(a) acts of God, including fire, bushfire, lightening, storm, tidal wave, cyclone,hurricane, earthquake, landslide, mudslide, washouts and flood;

(b) epidemics, public health scares or outbreaks of disease;

(c) war, revolution or other state of armed hostility of a like nature;

(d) insurrection, civil disturbances or riot (except where arising within the custodialareas);

(e) collisions or accidents which constitute a major catastrophe, an example beingan aircraft crash or nuclear contamination;

(f) terrorist acts (as defined in the Terrorism Insurance Act 2002);

(g) blockade or embargo;

(h) chemical and biological contamination or ionising radiation; and

(i) Contractor industrial action such as strike, lockout restraint of labour which alsoinvolves employees other than the Contractor and Contractor Employees (butdoes not include a dispute between the Contractor and a supplier orSubcontractor or a dispute between the Contractor and the Principal).

'Force Majeure Party' means a Party that is unable to perform its obligations under thisContract as a result of a Force Majeure.

'Funeral' means a place where a deceased person is to be interred or a service is to takeplace.

'Further Period' has the meaning given in clause 5.2.

'Gallery Guards' means guards that are dedicated to a particular courtroom for theduration of a day (or part thereof) in order to perform services as described in the ServiceRequirements.



'Government Agency' means any government or any governmental,semi-governmental, administrative, fiscal, judicial or quasi-judicial body, department,commission, authority, tribunal, Minister of the Crown, agency, entity or Parliament.

'Guarantor' means any guarantor required by the Principal under clause 14.1.

`Hospital Guard' means a trained and permitted Contract Worker employed by theContractor who is responsible for guarding a Person in Custody at a hospital or medicalfacility external to a custodial facility.

'Hospital Sit' means a static escort supervising and managing the security, safety, well-being and control of a Person in Custody who has been admitted to hospital external to acustodial facility.

'Incident' means any event, incident, complaint or occasion (in each case, which arematerial to the provision of the Services and are not frivolous or vexatious) where theContractor becomes aware that the Services may not have been provided in accordancewith the Service Requirements and includes a Critical incident and Major incident. Wherean incident occurs a report must be made and reported in a timely manner.

'Indexation Adjustment (IA)' has the meaning specified in clause 4 of Schedule 3.

'Industrial Instruments' means awards, workplace agreements, industrial agreementsof any kind, contract determinations or orders or any industrial tribunal or court to whichthe Contractor is subject to and which relates to the provision of the Services and thisContract.

'Industrial Dispute' means an industrial dispute, ban, limitation of work or denial offacilities or services involving any Contract Workers.

'Informal Further Period° has the meaning given in clause 5.3.1.

'Initial Expiry Date' means 30 June 2016.

'Inspector' means the holder of the Office of Inspector of Custodial Services continued bysection 5 of the Inspector of Custodial Services Act 2003 (WA), which includes referenceto any person employed by the Inspector to carry out functions under that Act.

'Insurances' means the insurances which the Contractor must effect as required underclause 17.

'Indemnified Person' means each of the persons referred to in clause 36.

'Intelligence and Information' is any intelligence or information which may impact onthe safety and security of a Person in Custody, any employee of the State, a member ofthe Judiciary or the community generally.

'Intellectual Property' means anything, whether tangible or intangible, that attracts, oris susceptible of protection by, Intellectual Property Rights.

'Intellectual Property Rights' means all copyright, patents, trademarks, designs,drawings, manuals, specifications and other intellectual property rights in:

(a) the Confidential Information; and

(b) any developments, improvements, modifications and enhancements to theConfidential Information that are made specifically in relation to the provision ofthe Services.



'Judicial Officer' means a person who presides over judicial proceedings at a Court ortribunal.

`Judicial Support Officer' means a customer service officer, employed by the State, whoundertakes duties both in and out of the Court that support the Court process to giveeffect to the orders of the presiding Judicial Officer of the Magistrate's Court.

'Judiciary' means members of the Western Australian judiciary including Justices,Judges, Magistrates, Masters, Registrars, Commissioners, Justices of the Peace, StateAdministrative Tribunal members.

'Key Management Staff' means any Contractor Employee employed by the Contractor inmanagement positions as identified in clause 18.1.1(b), including the ContractorRepresentative.

'Key Performance Indicator' and 'KPI' means any of the key performance indicators asset out in Schedule 2.

'Laws' means:

(a) Commonwealth, Western Australia or local government legislation,including statutes (including but not limited to Relevant Legislation),ordinances, instruments, codes, requirements, regulations, by-laws andother subordinate legislation;

(b) common law; and

(c) principles of equity.

'Liability° means any debt, obligation, cost, (including legal costs, deductibles orincreased premiums) expense, loss (whether direct or indirect), damage, compensation,charge or liability of any kind (including fines or penalties), actual, prospective orcontingent and whether or not currently ascertainable and whether arising under or forbreach of contract, in tort (including negligence), restitution, pursuant to statute orotherwise at Law.

'Loss' means any Claim or Liability, including:

(a) all interest and all amounts payable to third parties; and

(b) all legal (on a full indemnity basis) and other expenses incurred in connection withinvestigating or defending any claim or action and all amounts paid or payable insettlement of a claim or action.

'Magistrate's Court° means the Magistrates Court of Western Australia deals with adults,aged 18 or over, required to appear in Court after being charged with a criminal offence.Some criminal offences are known as 'simple offences' and will be dealt with in theMagistrates Court. More serious criminal offences, known as 'indictable offences',commence in the Magistrates Court. While some of these offences (known as 'either way'offences) may be dealt with in the Magistrates Court, the most serious offences must besent on to be heard in the District or Supreme Courts. The Magistrates Court deals withcivil matters involving claims up to $75,000. For minor cases, the jurisdictional limit of theMagistrates Court is $10,000.



'Major Incidents' means incidents which the Principal should be made aware of andinclude, but are not limited to, the following:

(a) any event or incident that has or is likely to jeopardise the health, safety orsecurity of any person or the public in general (including any assaults,attempted assaults or attempted self harm);

(b) any event or incident that has or is likely to adversely affect the security, goodorder or management of a facility (including any attempted escape);

(c) any event or incident that has or is likely to disrupt the ability of the Contractorto provide a Service;

(d) any event or incident that has or is likely to impact on a Client Agency's abilityto deliver State Services;

(e) any event or incident that results in any person being hospitalised or needingongoing medical attention;

(f) any complaint made against the Contractor, including the loss or damage to theproperty of a Person in Custody;

(g) any matter about a Person in Custody referred to police; or

(h) any event involving the use of force or chemical agent.

'Maximum Security Prisoner' means those prisoners for whom high conditions ofsecurity are necessary. These persons either have not been subjected to a security riskassessment or have been assessed by DCS as presenting a high risk of escape and/or ahigh risk to the safety of the public in the event of escape.

'Medical Appointment' means a medical appointment external to a prison scheduledthrough the DCS Medical Booking Officer.

'Medical Emergency' means appropriate treatment of any person, including Persons inCustody that requires transportation to hospital or a place to receive medical attention byambulance or Royal Flying Doctor Service (RFDS) either because of the seriousness of theillness/injury or the availability of suitable medical or first aid staff.

'Medium Security Prisoner' means those prisoners that have been assessed by DCS asa low to moderate risk of escape and/or a moderate risk to the safety of the public in theevent of an escape.

'Minimum Security Prisoner' means those prisoners that have been assessed by DCSas a low risk of escape and/or a low risk to the safety of the public in the event of anescape and require a low degree of supervision and control.

'Minister' means each of the Ministers for the Client Agencies.

'Monitoring Method' means the method of monitoring and reporting in relation to theServices which must be followed by the Contractor in accordance with the Operating Planand the Key Performance Indicators.

'Monthly Performance Report' means the report prepared by the Contractor everymonth in accordance with clause 30.1.

'Monthly Service Payment' means the monthly service payments calculated inaccordance with the service payment mechanism.

'New Intellectual Property Rights' means those Intellectual Property Rights whichcome into existence after the Signature Date.



Òngoing Disclosure Requirements' means where the Contractor becomes aware ofany of its employees or representatives or subcontractor employees who are alleged to bein breach of duty, or against whom any allegation of, or criminal charge has been made ora new criminal conviction identified. On such an occurrence, there is an obligation on theContractor to immediately notify the Principal.

'Ongoing Training Programme' means the ongoing training and staff developmentprogramme developed by the Contractor in accordance with clause 20.6.

Òperating Manual' means the manual to be developed by the Contractor in accordancewith clause 10 and endorsed by the Principal.

'Operating Month' means each period of one calendar month, with the exception of thelast Operating Month, commencing on the Operating Period, throughout the Term.

Òperating Period' means the period of time during which the Contractor is required toperform the Services, which period commences on 31 July 2011 and ends on the last dayof the Term.

'Original Contractor' means G4S Custodial Services Pty Ltd.

'Original Services Contract' means the agreement dated January 2000 between thePrincipal and the Original Contractor for the provision of CS&CS Services.

`Performance Bond' means the performance bond required under clause 14.2.

'Performance Failure' has the meaning given in Schedule 2.

`Permit' means permission granted to a Contractor's employee Pursuant to section 51 ofthe CS&CS Act 1999 to perform high level security work.

'Person in Custody' or "PIC" means 'a person in court custody', 'a Person in Custody','a detainee' or 'a prisoner' as defined in the CS&CS Act and for which the Contractor hastaken charge.

'Pre-Existing Intellectual Property Rights' means those Intellectual Property Rights inexistence prior to the date of signature on this Contract as set out in Schedule 12.

'Pre-Service Training Programme' means the training programme developed by theContractor to train Contract Workers.

'Primary Security Checkpoint' means the location at which Court users will be searchedto prevent Unauthorised Articles entering the secure area of the buildings. In someCourts specialist equipment is located at this point.

'Principal's Rules' means each rule, regulation, guideline, policy directive, operationalinstruction or direction issued by the Principal (including rules as defined in section 32 ofthe CS&CS Act and codes of ethics and conduct as referred to in section 38(h) of theCS&CS Act.

`Prisoner' means a person who is a prisoner within the definition contained in section 3 ofthe Prisons Act.

'Probity Event' includes an event, matter or thing which:

(a) has a material adverse effect upon the character, honesty and integrity of aContractor Employee;



(b) relates to a Contractor Employee and has a material adverse effect upon thepublic interest;

(c) involves a material failure to achieve or maintain reasonable standards ofethical behaviour;

(d) in respect of a Contractor Employee which is a body corporate involves amaterial failure to achieve or maintain good corporate citizenship;

(e) involves a material failure to achieve or maintain the avoidance of conflicts ofinterest; or

(f) involves a material failure to achieve or maintain standards of behaviourexpected of a person engaged in a State project involving the WesternAustralian justice system.

'Quality Management System' means the quality management system certified underAS/NZS ISO 9001:2008.

`Quality Management Systems Requirements' means certification under AS/NZSISO 9001:2008 as amended from time to time.

'Registered Training Organisation' means organisations which are registered as aregistered training organisation by the Training Accreditation Council of Western Australiato train, assess and award such qualifications to Contractor Employees as are necessaryfor the performance of the Services or the Contractor Obligations.

'Relevant Legislation' means each statute or regulation described in Schedule 5, whichis a non-exhaustive list of the key legislative instruments which the Contractor mustcomply with in the provision of the Services.

'Remand Court' means the Courtroom in the Magistrates' Court that hears criminalmatters after the first appearance and prior to trial.

'Required Rating' means a rating of at least 'A' by Standard and Poor's.

'Resources' means all goods, services, articles, transport, plant and equipment,computers and computer based systems, software, hardware, programmes, 3rd Partycontracts and other resources required to properly perform, or used in performing, theServices.

'Return to Prison Order' means an order issued by the DCS to inform the Contractorthat in the event of a prisoner being acquitted of charges for which they are appearing inCourt, that they are not to be released to freedom but are to be returned to the custody ofthe DCS.

'Risk Management Plan' means the plan developed by the Contractor and submitted tothe Principal for endorsement in accordance with clause 8.

'Scheduled appointment' means a Medical Appointment for attendance at a placeexternal to a prison scheduled through the DCS Medical Booking Officer and excludesbookings made within 72 hours of the appointment and emergency appointments.

'Secondary Security Checkpoints' means any security checkpoint, other than thePrimary Security Checkpoint, established for a more detailed level of security screening.

'Secure Person in Custody' means a Person in Custody other than an Unsecure PersonIn Custody.



`Secure Vehicle' means vehicles used to transport Persons in Custody that meet theService Requirements.

'Self harm' means the self-infliction of an injury by a person.

"Services' means court security services, custody services and movement services inaccordance with this Contract including:

(a) the specific services set out in this Contract and the Service Requirements;

(b) any other service or function of the kind contemplated under the CS&CS Act asservices that may be provided by a contractor;

(c) any other services that would reasonably be required for the properperformance and provision of the services described in subclause (a) and (b)above; and

unless the context does not permit, includes the Transition Services.

"Services Commencement Date' means 31 July 2011.

`Service Site Equipment' means Principal or Client Agency owned equipment located atService Sites which the Contractor may use in accordance with clause 27.3.

"Service Sites' means the locations where the Contractor will provide the Services as setout in the Service Requirements.

`Service Requirements' means the minimum objectives, requirements and performancestandards for the Contractor's provision of the Services, as set out in Schedules 5, 6, 7, 8and 9.

'Service Year' means 1 July to 30 June.

'Signature Date' means the date of execution of this Contract.

`Situation' means non-serious, general issues affecting the Services or performance ofthe Contractor's Obligations which need to be brought to the Contract Manager'sattention.

'Specified Event' means an event classified as a Specified Event' in Schedule 1.

'Staffing Plan' means a plan that sets out the staffing model and requirements of theContractor in accordance with clause 18.1.1.

'Standards' means all Australian Standards published by Standards Australia (includingany variation or replacement of those Standards), and the Australian Guidelines forCorrections in Australia (as modified from time to time), that are applicable to theServices.

'State' means the State of Western Australia.

'Strategic Planning Group' means the committee established under clause 13.15.

'State Services' means any services to be provided by a Client Agency (other than theServices) which support or work in parallel to the Services.

'Subcontract' means a contract, agreement or arrangement between the Contractor anda Subcontractor.



'Smbcontractor' means a person engaged by the Contractor, other than as an employeeof the Contractor, to provide any part of the Services.

'Successor Operator' a person nominated by the Principal (including the Principal itselfor any Client Agency) as succeeding the Contractor in the provision of all or any of theServices.

'Superintendent' means a Superintendent or other Officer or Prison Officer who is at therelevant time in charge of a prison and does not include a person who is in charge of aLock Up.

'Superior Courts' means the Supreme and District Courts of Western Australia.

'Supreme Court' The Supreme Court is the State's highest Court, with responsibility forboth criminal and civil matters. It is also the Court of criminal appeal. The Supreme Courtis divided into two divisions the General Division and the Court of Appeal.

'Tax' means any tax, levy, impost, deduction, charge, rate, duty, compulsory loan orwithholding which is levied or imposed by a Government Agency, including anywithholding, income, stamp, transaction or capital gains tax, land tax, payroll tax, fringebenefits tax, duty or charge together with any related additional tax, further additionaltax, interest, penalty, fine, charge, fee or like amount.

'Term' means the term commencing on the Commencement Date and expiring on theInitial Expiry Date plus any extension to this Contract under clause 5.

'Third Party Intellectual Property Rights' means any Intellectual Property Rightsowned by a person who is not a Party to this Contract.

'TOMS' means the Total Offender Management Solution, a system used by the DCS torecord all prisoner details and their movements.

'Traffic accident' means the collision of a vehicle with another vehicle or object causingdamage to either.

'Training Programme' means any Pre-Service Training Programme, Specific TrainingProgramme or Ongoing Training Programme.

'Transition Period' means the period from the Commencement Date and ending on thedate identified in the Transition Plan.

'Transition Plan' means the plan setting out the details of transition which is to besubmitted by the Contractor for endorsement by the Principal under clause 7.1.

'Transition Services' means the work to be performed during the Transition Periodunder the agreed Transition Plan.

'Transport Fleet° means the Contractor's custodial transport escort fleet used specificallyfor the provision of Person in Custody movement services, as replaced from time to timein accordance with the approved fleet management strategy and the terms of thisContract.

'Unauthorised Articles' means(a) Weapons as defined by the Weapons Act 1999;(b) Firearms as defined by the Firearms Act 1973;(c) Metal spikes or sharp implements;(d) Explosive devices;(e) Chemical, biological or radioactive materials likely to cause damage;(f) Any object capable of being used to cause harm;



Syringes and needles other than when authorised by a medical practitioner andappropriate prior arrangements are made;Prohibited drugs defined in the Misuse of Drugs Act 1981;Prohibited plants defined in the Misuse of Drugs Act 1981;any other article or substance that may threaten the good order or security ofthe Court buildings or persons or property within the buildings or place wherethe Contractor is providing escort services.

'Unsecure Person In Custody' means:(a) in relation to Movement Services, a Prisoner with a minimum security

classification and without special conditions as stipulated by the Principal (as setout in the Service Requirements); and / or

(b) in relation to Court Security, Custody Services and Lock Up Custody ManagementServices, a Person In Custody not required to be processed through the CourtCustody Centre (as set out in the Service Requirements).

'WA Police' means the Western Australia Police.

'Working With Children Card' means where a valid, current, approved working withchildren check has been conducted on a Contract Worker by the Department for ChildProtection in Western Australia and a working with children card is issued to a ContractWorker allowing that person to undertake child related work.



2. INTERPRETATION

The following rules apply in interpreting this Contract, except where the context makesit clear that a rule is not intended.

2.1 Headings

Headings in this Contract do not affect its interpretation.

2.2 Last day not a business day

When the day or last day for doing an act is not a Business Day, the day or lastday for doing the act will be the following Business Day.

2.3 Joint and several covenants

If a Party comprises two or more persons, the covenants and agreements ontheir part bind and must be observed and performed by them jointly andseverally and may be enforced against any one or any two or more of them.

2.4 Reference to a Party

Unless contrary to the sense or context, a reference to a Party includes thatParty's executors, administrators, personal representatives, successors andassigns, and if a Party comprises two or more persons, the executors,administrators, personal representatives, successors and assigns of each ofthose persons.

2.5 Singular, plural and gender

Where applicable:

(a) words denoting the singular include the plural;

(b) words denoting the plural include the singular; and

(c) words denoting a gender include each gender.

2.6 Reference to other document

Subject to any contrary provision in this Contract, a reference to any otherdeed, agreement, instrument or contract includes a reference to that otherdeed, agreement, instrument or contract as amended, supplemented or variedfrom time to time.

2.7 Reference to a thing

Reference to any thing (including any reference in a definition in clause 1)includes a reference to the whole and each part of that thing.

2.8 Reference to a clause or subclause

Unless the context otherwise requires:

(a) reference to a clause is a reference to a clause of this Contract; and



(b) a reference to a subclause is a reference to a subclause of the clause inwhich the reference occurs.

2.9 Reference to a person and a body corporate

Where applicable, a reference to:

(a) a body corporate includes a reference to a natural person;

(b) a person includes a natural person, corporation, partnership, joint venture,association or other body corporate or unincorporated body, Authority orother legal entity; and

(c) a person, other than a Party:

(I) that ceases to exist; or

(ii) whose powers or functions are transferred to another person;

is a reference to the person that replaces it, or that substantially succeeds to itspowers.

2.10 Governing law and jurisdiction

(a) This Contract is governed by and shall be construed in accordance with thelaws of Western Australia.

(b) Each of the parties irrevocably submits to the exclusive jurisdiction of thecourts of Western Australia.

2.11 Cost of and undertaking obligations

Where a Party is obliged to undertake a matter, that Party must undertake thematter at its own expense, unless otherwise stated in this Contract.

2.12 Continuing obligation

Unless otherwise stated in this Contract, any obligation under this Contract willapply throughout the Term of this Contract.

2.13 Reference to a Law

A reference to a Law or to a provision of a Law includes a modification or re-enactment of it, a provision substituted for it and, where relevant, a regulationor statutory instrument issued under it.

2.14 Reference to governmental department or position

A reference to any government department, professional body, committee,council to other body, or to any position within any such body, includes thesuccessors to that body or position or any relevant activity or function of thatbody or position.



3. ENGAGEMENT OF CONTRACTOR

3.1 Engagement

Pursuant to Section 18 of the CS&CS Act and subject to the provisions of theCS&CS Act:

(a) the Principal hereby engages the Contractor; and

(b) the Contractor hereby accepts the Principal's engagement,

to perform:

(I) the Transition Services during the Transition Period; and

(ii) the Services throughout the Operating Period,

in accordance with the provisions of this Contract.



4. GENERAL PRINCIPLES

4.1 Background

The Parties enter into this Contract on the basis of the following facts:

(a) the Principal wishes to use an experienced contractor to providethe Services;

(b) the Contractor, a provider of court security and custodialservices, wishes to provide the Services to the Principal;

(c) the Contractor has appropriate resources and the skills,qualifications and experience to manage, operate and maintainprovision of the Services in efficient, cost-effective and controlledmanner, with a high degree of quality and responsiveness; and

(d) the Contractor will constantly strive to improve the quality andvalue for money of the Services provided to the Principal underthis Contract.

4.2 Contract Objectives

The major objectives of this Contract are to:

(a) provide for resilient and reliable delivery of Services to therequired or superior standard;

(c) implement innovative and flexible management strategies in thedelivery of the Services and to be responsive to the changingneeds and requirements of the Principal, Client Agencies and thecommunity;

(d) provide the Services in an open, transparent and accountablemanner to the Principal and the community;

(e) ensure the application of high levels of duty of care;

(f) foster continuous improvement and the application of innovationwhere appropriate; and

(g) ensure the delivery of the Services represents value for moneyfor the Principal.

4.3 Service Outcomes

The Service outcomes required by this Contract are to:

(a) facilitate safe, humane and secure services for Persons inCustody;

(b) contribute to the smooth running of courts;

(c) ensure compliance with the CS&CS Act; and

(d) contribute to the timely and efficient processing of Persons inCustody.



4.4 Interpretation

This clause 4 is intended to be a general introduction to this Contract. To theextent the terms of this Contract do not address a particular circumstance orare otherwise unclear or ambiguous, those terms are to be interpreted andconstrued so as to give effect to the goals and objectives set out in thisclause 4.

4.5 Inconsistency

In the event of any inconsistency between the terms and conditions of thisContract and the CS&CS Act, the CS&CS Act prevails and the Contractor mustensure compliance with the CS&CS Act in preference over this Contract.

In the event of any inconsistency between the terms and conditions of thisContract and a Schedule, the terms and conditions of this Contract prevail tothe extent of the inconsistency.



5. TERM

5.1 Duration of this Contract

Subject to clause 6, this Contract commences on the Commencement Date andexpires on the last day of the Operating Period.

5.2 Option to extend Operating Period

The Principal may elect, at its absolute discretion, to extend the OperatingPeriod for up to 2 consecutive further periods of up to a maximum of 5 years intotal, commencing on the Initial Expiry Date (each a Further Period), by givingnotice to the Contractor:

(a) no less than 12 months before the Initial Expiry Date or FurtherPeriod (as the case may be); and

(b) specifying the length of the Further Period.

5.3 Informal continuation of Services

5.3.1 Notwithstanding anything contained in this Contract, the Principal maydirect the Contractor to continue to perform the Services after the expiryof the Operating Period for a further period by notice to the Contractorat least 3 months before the expiry of the Operating Period (InformalFurther Period). The terms and conditions of this Contract will continueto apply until the arrangement in this subclause is terminated inaccordance with clause 5.3.2 or under clause 33.

5.3.2 At any time after the conclusion of the Informal Further Period, eitherParty may terminate the arrangement in clause 5.3.1 by giving at least3 months notice to the other Party.



6. CONDITIONS PRECEDENT AND INITIAL OBLIGATIONS

6.1 Satisfaction and waiver of conditions

6.1.1 This Contract (with the exception of this clause 6) is conditional upon,and does not become binding until, the satisfaction or waiver underclause 6.1.3 of each of the conditions set out in clause 6.1.2.

6.1.2 The conditions referred to in subclause 6.1.1 are:

(a) the Contractor has procured each Guarantor to sign and deliverto the Principal a parent company guarantee in the form ofSchedule 10;

(b) the Principal having received a bank guarantee which satisfiesthe requirements of clause 14; and

(c) the Contractor has complied with clause 7.

6.1.3 The conditions in subclause 6.1.2 may only be waived by the Principalnotifying the Contractor of its waiver.

6.1.4 The Principal and the Contractor agree to:

(a) use reasonable endeavours (other than waiver) to ensure thatthe conditions referred to in subclause 6.1.2 are satisfied on orbefore the Commencement Date; and

(b) keep each other informed of any circumstances which mayresult in any of those conditions not being satisfied inaccordance with its terms.

6.2 Result of non-satisfaction of conditions

If the conditions referred to in clause 6.1 are not satisfied or waived inaccordance with clause 6.1.3 on or before the Commencement Date, then allrights and obligations under this Contract other than:

(a) those arising under this clause 6 and clauses 1, 2, 23, 24, 35,36, 38, 39; and

(b) rights that have accrued before that date,

terminate on that date.



7. TRANSITION ARRANGEMENTS

7.1 Contractor to prepare a Transition Plan

The Contractor must have prepared a Transition Plan for endorsement by thePrincipal by no later than the Commencement Date which:

(a) describes all tasks necessary to be completed by the Contractor inorder to commence providing the Services as required by thisContract; and

(b) specifies to the reasonable satisfaction of the Principal, the processesthat the Contractor will put in place in order to complete such tasks.

7.2 Transition Plan to include specified items

In addition, but not limited to, those items specified in clause 7.1, theContractor must ensure that the Transition Plan includes the followinginformation:

(a) the method the Contractor will use to manage Designated Areasand/or Service Sites;

(b) confirmation on how the information requirements for operating andreporting on performance of the Services will function;

(c) recruitment and training of Contractor employees to meet theoperational requirements in delivering the Services and performingthe Contractor's Obligations;

(d) the method by which the Contractor will take over performance ofthe Services from the existing Original Contractor;

(e) the method by which the operations, equipment and systems will betested before the commencement of Services;

(f)

(g)

what equipment will be used;

information systems relevant to this Contract initiated and trialled tothe satisfaction of the Principal; and

(h) the Contractor's acquisition and management of the Transport Fleetand other equipment and Contractor Resources.

7.3 Principal to endorse Transition Plan

7.3.1 The Principal may endorse, withhold endorsement or give qualifiedendorsement to all or part of the Transition Plan submitted by theContractor in accordance with clause 7.1.

7.3.2 If the Principal fails to respond within 15 Business Days of any suchsubmission, then the Transition Plan shall be deemed to be endorsed forthe purpose of this Contract.



7.3.3 If the Principal does not endorse all or part of the Transition Plan orgives qualified endorsement, then the Principal shall give written noticeto the Contractor specifying in reasonable detail the reasons for such adecision and the Contractor must promptly submit a revised TransitionPlan to the Principal for its endorsement having regard to the Principal'scomments.

7.4 Failure to prepare Transition Plan

If the Contractor does not submit the Transition Plan in its entirety under clause7.1 or if the Principal does not endorse the Transition Plan under clause 7.2,then the Contractor shall not have fulfilled clause 6.

7.5 Transition Obligations

Once the Transition Plan has been endorsed under clause 7.3, the Contractorshall carry out its obligations as set out in the Transition Plan.



8. RISK MANAGEMENT PLAN, BUSINESS CONTINUITY PLAN, EMERGENCY PLANAND DISASTER RECOVERY PLAN

8.1 Contractor to prepare Risk Management Plan

The Contractor must prepare a Risk Management Plan in respect to theprovision of the Services for endorsement by the Principal by no later than 15Business Days prior to the Services Commencement Date.

8.2 Principal to endorse Risk Management Plan

8.2.1 The Principal may endorse, withhold endorsement or give qualifiedendorsement to all or part of the Risk Management Plan submitted bythe Contractor in accordance with clause 8.1.

8.2.2 If the Principal fails to respond within 15 Business Days of any suchsubmission, then the Risk Management Plan shall be deemed to beendorsed for the purposes of this Contract.

8.2.3 If the Principal does not endorse all or part of the Risk Management Planor gives qualified endorsement, then the Principal shall give writtennotice to the Contractor specifying in reasonable detail the reasons forsuch a decision and the Contractor must promptly submit a revised RiskManagement Plan to the Principal for its endorsement having regard tothe Principal's comments.

8.3 Contractor to review and maintain Risk Management Plan

Upon obtaining endorsement under clause 8.2, the Contractor must keep theRisk Management Plan current at all times and must review the same as oftenas may be necessary and appropriate, but not less than once every 12 months.

8.4 Contractor to prepare Business Continuity Plan

The Contractor must prepare a Business Continuity Plan in respect to theprovision of the Services for endorsement by the Principal by no later than 15Business Days prior to the Services Commencement Date.

8.5 Principal to endorse Business Continuity Plan

8.5.1 The Principal may endorse, withhold endorsement or give qualifiedendorsement to all or part of the Business Continuity Plan submitted bythe Contractor in accordance with clause 8.4.

8.5.2 If the Principal fails to respond within 15 Business Days of any suchsubmission, then the Business Continuity Plan shall be deemed to beendorsed for the purposes of this Contract.

8.5.3 If the Principal does not endorse all or part of the Business ContinuityPlan or gives qualified endorsement, then the Principal shall give writtennotice to the Contractor specifying in reasonable detail the reasons forsuch a decision and the Contractor must promptly submit a revisedBusiness Continuity Plan to the Principal for its endorsement havingregard to the Principal's comments.



8.6 Contractor to review and maintain Business Continuity Plan

Upon obtaining endorsement under clause 8.5, the Contractor must keep theBusiness Continuity Plan current at all times and must review the same as oftenas may be necessary and appropriate, but not less than once every 12 months.

8.7 Contractor to prepare Emergency Plan

The Contractor must prepare an Emergency Plan in respect to the provision ofthe Services for endorsement by the Principal by no later than 15 BusinessDays prior to the Services Commencement Date.

8.8 Principal to endorse Emergency Plan

8.8.1 The Principal may endorse, withhold endorsement or give qualifiedendorsement to all or part of the Emergency Plan submitted by theContractor in accordance with clause 8.7.

8.8.2 If the Principal fails to respond within 15 Business Days of any suchsubmission, then the Emergency Plan shall be deemed to be endorsedfor the purposes of this Contract.

8.8.3 If the Principal does not endorse all or part of the Emergency Plan orgives qualified endorsement, then the Principal shall give written noticeto the Contractor specifying in reasonable detail the reasons for such adecision and the Contractor must promptly submit a revised EmergencyPlan to the Principal for its endorsement having regard to the Principal'scomments.

8.9 Contractor to review and maintain Emergency Plan

Upon obtaining endorsement under clause 8.8, the Contractor must keep theEmergency Plan current at all times and must review the same as often as maybe necessary and appropriate, but not less than once every 12 months.

8.10 Contractor to prepare Disaster Recovery Plan

The Contractor must prepare a Disaster Recovery Plan in respect to theprovision of the Services for endorsement by the Principal by no later than 15Business Days prior to the Services Commencement Date.

8.11 Principal to endorse Disaster Recovery Plan

8.11.1 The Principal may endorse, withhold endorsement or give qualifiedendorsement to all or part of the Disaster Recovery Plan submitted bythe Contractor in accordance with clause 8.10.

8.11.2 If the Principal fails to respond within 15 Business Days of any suchsubmission, then the Disaster Recovery Plan shall be deemed to beendorsed for the purposes of this Contract.

8.11.3 If the Principal does not endorse all or part of the Disaster Recovery Planor gives qualified endorsement, then the Principal shall give writtennotice to the Contractor specifying in reasonable detail the reasons forsuch a decision and the Contractor must promptly submit a revisedDisaster Recovery Plan to the Principal for its endorsement havingregard to the Principal's comments.



8.12 Contractor to review and maintain Disaster Recovery Plan

Upon obtaining endorsement under clause 8.11, the Contractor must keep theDisaster Recovery Plan current at all times and must review the same as oftenas may be necessary and appropriate, but not less than once every 12 months.



9. WORK STANDARDS

9.1 The Services

The Contractor warrants that the Services will be:

(a) rendered with promptness and diligence;

(b) executed in a proper manner and in accordance with BestIndustry Practice; and

(c) fit for the purpose of movement services, court security andcustodial services, and lock up custody management services ina way that is consistent with this Contract and provides safe,secure and appropriate management of Persons in Custody.

9.2 Skill levels

The Contractor warrants that it will use adequate numbers of qualifiedindividuals with suitable training, education, experience and skill to performthe Services.

9.3 Maintenance

The Contractor warrants that it will maintain the Transport Fleet and allContractor Resources fit for purpose and in good operating condition and inaccordance with Best Industry Practice, and will undertake all repairs andpreventative maintenance in accordance with this Contract or where nomaintenance requirement is included, the applicable manufacturer'sspecifications.

9.4 Efficiency and cost-effectiveness

The Contractor warrants that it will use its best efforts to:

(a) use efficiently any resources or services necessary to providethe Services that are separately chargeable by a third party tothe Principal; and

(b) perform the Services in the most cost-effective mannerconsistent with the required level of quality and performance.

9.5 Compliance with Laws and Australian Standards

The Contractor warrants that it will perform the Services in a manner thatcomplies with all Laws and Standards including without limitation identifyingand procuring required permits, certificates, approvals and inspections.



10 OPERATING MANUAL

10.1 Contractor to prepare an Operating Manual

The Contractor must prepare an Operating Manual by no later than 15Business Days prior to the Services Commencement Date and provide thesame to the Principal for endorsement which must include:

(a) the operating philosophy of the Contractor which must beconsistent in all respects with the Service Requirements;

(b) the mechanisms for meeting the requirements of the ServiceRequirements and carrying out the Contractor Obligations;

(c) human resource policies and procedures and an employeehandbook;

(d) details of the Contractor's management and staff structures;

(e) a general procedures manual;

(f) an emergency procedures manual; and

(g) any other information which the Principal reasonably requires inorder to fully review the Contractor's proposed performance ofthe Services including but not limited to a maintenance plan,management plan, procedures manual and set of protocolsrequired pursuant to the Service Requirements.

10.2 Principal to endorse Operating Manual

10.2.1 The Principal may endorse, withhold endorsement or givequalified endorsement to all or part of the Operating Manualsubmitted by the Contractor in accordance with clause 10.1.

10.2.2 If the Principal does not endorse all or part of the OperatingManual or gives qualified endorsement, then the Principal shallgive written notice to the Contractor specifying in reasonabledetail the reasons for such a decision and the Contractor mustpromptly resubmit the revised Operating Manual to thePrincipal for its endorsement having regard to the Principal'scomments.

10.3 Contractor to review and keep up to date Operating Manual

10.3.1 The Contractor must ensure that the contents of the OperatingManual are kept up to date and reflect all changes to theServices as may be agreed between the Parties.

10.3.2 The Contractor must also review the Operating Manualannually, on each anniversary of the Service CommencementDate, and provide the Principal with a copy of the updatedOperating Manual indicating any marked-up changes that arenecessary for the Contractor to provide the Services forendorsement by the Principal as set out in clause 10.2.



10.3.3 The Principal will review and monitor the implementation andoperation of the Operating Manual and the Contractor mustgive the Principal all information and assistance it reasonablyrequires in performing this function.

10.4 Compliance with the Operating Manual

The Contractor must:

(a) provide the Services in accordance with the endorsedOperating Manual; and

(b) not depart from the requirements of the endorsed OperatingManual except with the Principal's prior written consent or asrequired by law.

10.5 Revisions to the Operating Manual by the Principal

The Principal may, from time to time, require revisions or amendments tothe Contractor's endorsed Operating Manual, and the Contractor mustcomply with

(a) the Principal's reasonable requirements; and

(b) the requirements of the Operating Manuals as revised orvaried.

10.6 Inconsistencies

If there is any inconsistency between the provisions of:

(a) the Contractor's endorsed Operating Manual; and

(b) the provisions of clause 12,

the provisions of clause 12 must be complied with.



11 QUALITY

11.1 Contractor registration requirements

As soon as possible, however no longer than 12 months after theCommencement Date, the Contractor must register with an independentthird party quality system certification body, for the purpose of attainingcertification as required in this clause 11. The Contractor must provideevidence of its registration to the Principal.

11.2 Contractor certification requirements

As soon as possible, however no longer than 18 months after theCommencement Date, the Contractor must ensure:

(a) it is certified under Quality Management SystemsRequirements and the scope of its certification covers theprovision of all of the Services and performance of all of theContractor's Obligations; and

(b) Services are provided and Contractor's Obligations areperformed in compliance with the Quality ManagementSystem.

11.3 Contractor to maintain certification requirements

Upon obtaining certification under clause 11.2, the Contractor mustmaintain the same certification and appropriate Quality ManagementSystem throughout the Term.

11.4 Contractor to permit access to the Quality Management System

The Contractor shall permit access by the Principal or any nominatedrepresentative, to the Contractor's and any Subcontractor's QualityManagement System for auditing purposes.



12 SERVICES

12.1 Performance

12.1.1 The Contractor agrees to perform the Services throughout theTerm in accordance with:

(a) the CS&CS Act;

(b) any other Law;

(c) the CEO's Rules;

(d) the provisions of this Contract;

(e) the Service Requirements so that they meet orexceeds the KPIs;

(f) all directions or requirements of any person inperforming any statutory power;

(g) all codes of practice and all reasonable directions thatapply to the Principal's policies and procedures fromtime to time relating to occupational health and safetyin connection with the performance of the Services,including any requirements of Worksafe WA;

(h) all policies of the Principal of which the Principal may,from time to time, give notice to the Contractor; and

(i) each direction from the Principal concerning theoperation of the Service Sites or the delivery of theServices, including any direction relating to thedetention, treatment, transfer, removal, discharge orrelease of Persons in Custody.

12.1.2 If any services or functions not specifically set out in thisContract are reasonably required for the proper performance andprovision of the Services, they are taken to be implied by andincluded within the scope of the Services to the same extent andin the same manner as is specifically described in this Contract.

12.2 Service Standards

The Contractor agrees to perform the Services in a responsive andinnovative manner to achieve quality outcomes for the Principal, theJudiciary, the justice system and the community:

(a) safely;

(b) by exercising a high level of duty of care in an ethical andhumane manner;

(c) in a diligent, careful, skilful and competent manner;

(d) in accordance with the standards and level of care, skill,knowledge and judgment required or reasonably expectedunder Best Industry Practice;



(e) by treating all persons fairly and with respect for the inherentdignity of the human person, having due consideration todiffering, individual and cultural needs;

(f)

(g)

in a proper and reputable manner; and

whilst delivering progressive service solutions in an effective,flexible manner with regard to alternative delivery methods.

12.3 Provision of Contractor Employees and Resources

12.3.1

12.3.2

Unless this Contract otherwise provides, the Contractor agrees tosupply everything necessary, including all Contractor Employeesand Contractor Resources, in sufficient number and at all times,to enable the Contractor to:

(a) perform the Services in a proper and satisfactory manner;

(b) comply with the Contractor's Obligations; and

(c) discharge its liabilities under this Contract.

The Contractor must ensure that the Contractor Resources are atall times fit and suitable for performing the Services and theContractor's Obligations by:

(a) arranging for all necessary repairs, replacement of partsand components; and

(b) replacing any Contractor Resources,

as may be necessary from time to time or as directed by thePrincipal (acting reasonably) and otherwise to meet therequirements of Best Industry Practice and any relevant Laws.

12.4 Contractor Resources Register

12.4.1 The Contractor must maintain a Contractor Resources Registerlisting and identifying each item of the Contractor Resources usedin the performance of the Services and indicating the item'sownership. Each item of the Contractor Resources must bemarked with its unique identifying number, which must also beshown in the Contractor Resources Register.

12.4.2 The Principal is entitled to inspect any Contractor Resources andreview the Contractor Resources Register at any time withoutprior notification to the Contractor.



12.5 Integration with State Services

12.5.1 The Parties acknowledge and agree that the provision of theServices requires integration with the State's Services and theServices must be provided in such a manner as not to have anadverse impact on the provision of the State's Services. TheParties shall consult and agree from time to time on the bestmethod of integrating the Services with the State's Services.

12.5.2 No warranties or undertakings, either expressed or implied, aregiven by the Principal in relation to the State's Services, includingin relation to the delivery of the State's Services or that theState's Services will be carried out in a particular manner or by aparticular time.



13 ADMINISTRATION OF AGREEMENT

13.1 Appointment of Contract Manager

The Principal:

(a) must, as soon as practicable after the Commencement Date,appoint a person to be the Contract Manager; and

(b) may replace the Contract Manager from time to time by notice tothe Contractor.

13.2 Role and responsibility of Contract Manager

Subject to other provisions in this Contract, the Contract Manager:

(a) is the agent of the Principal for the purpose of doing anything to bedone under this Contract;

(b) has authority to make and give, or accept, on the Principal'sbehalf, any approvals, acceptances, directions, notices and otherdecisions that the Principal may make, give or accept under thisContract; and

(c) may engage persons to assist in monitoring the provision of theServices and those persons must be provided the same access asthe Contract Manager for the purpose of monitoring the Servicesand reporting to the Contract Manager.

13.3 Knowledge of Contract Manager

Where a matter is known by the Contract Manager that matter will betreated as being known by the Principal.

13.4 Contractor to comply with directions

The Contractor must comply with a direction given by the Contract Managerin respect of the Services or a matter arising under this Contract as if thatdirection had been given by the Principal.

13.5 Oral directions

If the Contractor requests the Contract Manager to confirm an oraldirection, the Contractor must promptly comply with the direction, but theContract Manager must as soon as practicable confirm the direction inwriting.



13.6 Appointment of a Contractor Representative

13.6.1 The Contractor must, by not later than the Commencement Date,appoint a person to be the Contractor Representative.

13.6.2

13.6.3

The Contractor may replace the Contractor Representative fromtime to time by written notice to the Principal, subject to thePrincipal's prior written approval of the proposed replacement.

The Contractor must notify the Principal in writing of:

(a) the name;

(b) the contact postal and email address; and

(c) the facsimile and telephone numbers,

of the Contractor Representative as soon as practicable after theappointment, or any reappointment or replacement.

13.7 Role and responsibility of Contractor Representative

The Contractor Representative:

(a) is the agent of the Contractor for the purposes of doinganything to be done under this Contract; and

(b) has authority to make and give, or accept, on the Contractor'sbehalf, any approvals, acceptances, directions, notices andother decisions that the Contractor may make, give or acceptunder this Contract.

13.8 Knowledge of the Contractor Representative

Where a matter is known by the Contractor Representative that matter willbe treated as being known by the Contractor.

13.9 Availability of Contractor Representative

The Contractor must ensure that the Contractor Representative:

(a) uses appropriately qualified and experienced persons for theresponsibilities they are required to undertake; and

(b) is available at all reasonable times, on reasonable notice, toconsult on behalf of the Contractor in connection with mattersarising under this Contract.

13.10 Nominated Office Holder

The Contractor must nominate an office holder who will be the principaloffice holder of the Contractor and any Subcontractor for the purposes ofthe Acts referred to in section 38(1) of the CS&CS Act.



13.11 Client Agency Representative

13.11.1 Each Client Agency shall appoint a Client Agency Representativewhich may advise the Contractor and Contract Workers on day today operational issues in relation to the Services which effecttheir Client Agency. Any such advice provided by the ClientAgency Representative will be consistent with this Contract andwill not be inconsistent with the scope of this Contract or theService Requirements.

13.11.2 Where any advice is provided in accordance with clause 13.11.1,the Contractor must implement the same promptly and withoutdelay.

13.12 Contract Management Group

13.12.1 The Principal will establish a Contract Management Group.

13.12.2 The Principal will determine the membership of the ContractManagement Group and will include the Contract Manager, theContractor's Representative, any other person nominated by theContract Manager, and any other person for the Contractorapproved by the Contract Manager.

13.12.3 The Contract Manager shall chair the Contract ManagementGroup meetings.

13.12.4 The Contract Manager will decide the frequency of the ContractManagement Group meetings, however it is anticipated that theywill be held on a monthly basis.

13.12.5 At each Contract Management Group meeting the Contractor'sRepresentative shall table the following:

CONTRACT NO DCS0402010

(a) Monthly Performance Report;

(b) A descriptive report of the Contractor's performanceagainst KPIs and Specified Events;

(c) Service delivery statistics in the form required by theContract Manager;

(d) A summary of Critical Incidents and Major Incidentsduring the previous month and the actions taken for eachone;

(e) Items of interest, newsworthy items and issues to beraised with or by the Contract Manager; and

(f) Ongoing records and registers required for operationalpurposes that must be certified on a periodic basis.

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13.13 CS&CS Board

13.13.1 The Principal will establish the CS&CS Board to provide advice onstrategic and policy issues that affect the Services.

13.13.2 The Principal will determine the membership of the CS&CS Boardand will include the CEO of each of the Client Agencies or theirnominated delegate.

13.13.3 The Principal or his/her nominee will chair the CS&CS Board.

13.13.4 The Principal will decide the frequency of the CS&CS Boardmeetings, however it is anticipated that they will be held on aquarterly basis.

13.13.5 Either the Contractor Representative or a more senior employeeof the Contractor will attend the meetings of the CS&CS Board.

13.14 Agency Consultative Committee

13.14.1 The Principal will establish an Agency Consultative Committee toassist the Contract Manager in improving and developing theeffective and efficient delivery of the Services and tocommunicate change to the Client Agencies.

13.14.2 The Principal will determine the membership of the AgencyConsultative Committee and will include a member nominated bythe Director General of the Department of the Attorney Generaland a member nominated by the Commissioner of WA Police.

13.14.3 The Contract Manager will chair the Agency ConsultativeCommittee meetings.

13.14.4 The Principal will decide the frequency of the Agency ConsultativeCommittee meetings, however it is anticipated that they will beheld on a monthly basis.

13.14.5 The Contractor Representative will attend the meetings of theAgency Consultative Committee.

13.15 Strategic Planning Group

13.15.1 The Principal will establish a Strategic Planning Group to provideadvice on strategic and policy issues that affect the Services.

13.15.2 The Principal will determine the membership of the StrategicPlanning Group and will include Heads of Jurisdiction for courtsfrom the Department of the Attorney General and a membernominated by the Commissioner of WA Police.

13.15.3 The Principal or his/her nominee will chair the Strategic PlanningGroup.

13.15.4 The Principal will decide the frequency of the Strategic PlanningGroup meetings.

13.15.5 The Contractor will, if required by the Principal, attend themeetings of the Strategic Planning Group.



14 SECURITY DEPOSIT / BANK GUARANTEE

14.1 Parent Guarantee

The Contractor must, as soon as possible but not later than 15 BusinessDays following the Commencement Date, procure each Guarantor to signand deliver to the Principal a parent company guarantee in the form ofSchedule 10.

14.2 Performance Bond

14.2.1

14.2.2

14.2.3

(Initial bond): The Contractor must, as soon as possible butnot later than 15 Business Days following the CommencementDate provide a Performance Bond to the Principal in theamount of $7,500,000.

(Call): The Principal may call on the Performance Bond atany time the occurrence of an Event of Default.

(Release): If there are no outstanding Claims the Principalwill release the Performance Bond 60 Business Days after theexpiry of this Contract.

14.3 Requirements of Performance Bond

The Performance Bond must:

(a) be unconditional, irrevocable and payable on demand;

(b) specify a location within Perth where demand is to be givenand payment made on any Business Day; and

(c) be issued by a financial institution that:

(I) has an office open for business in Australia;

(ii) is registered in Australia;

(iii) is the holder of a current licence issued by APRA; and

(iv) has the Required Rating.

14.4 No Interest Payable and No Trust

The Principal:

(a) is not obliged to pay the Contractor interest on thePerformance Bond; and

(b) does not hold any Performance Bond or the proceeds of anyPerformance Bond on trust for the Contractor.



14.5 No right to injunct

Even where the Contractor disputes the Principal's right to payment, theContractor covenants with the Principal that the Contractor will not instituteany proceedings, or exercise any right or take any steps to injunct orotherwise restrain:

(a) the financial institution that issued the Performance Bondfrom paying the Principal pursuant to the Performance Bond;

(b) the Principal from taking any steps for the purpose of makinga demand under any Performance Bond or receiving paymentunder any Performance Bond, or otherwise exercising itsrights under any Performance Bond; or

(c) the Principal using money received under the PerformanceBond.

14.6 New Performance Bond on rating downgrade or loss of licence

The Contractor must monitor the rating of the current issuer of aPerformance Bond so that where the issuer ceases to:

(a) have the Required Rating; or

(b) be the holder of a current licence issued by APRA,

the Contractor promptly (and in any case not later than 10 Business Daysafter demand by thein favour of the Principal issued by a financial institution which holds acurrent licence issued by APRA and has the Required Rating, on the sameterms as, and for the face value of, the Performance Bond it is replacing.

14.7 Failure to replace Performance Bond

If the Contractor fails to replace the Performance Bond in accordance withclause 14.6, the Principal may call the Performance Bond that is to bereplaced.

14.8 CPI

The Contractor must annually on 1 July, increase the Performance Bond byCPI.



15 INVOICING, PRICING AND PAYMENT

15.1 Form of InvoicesThe Contractor shall comply with all invoice requirements as set out inSchedule 4.

15.2 Pricing and PaymentThe price and payment mechanism for the Services is set out in Schedule 3.



16 AUDIT

16.1 The Principal's audit of the Contractor operations

The Contractor shall permit the Principal's nominated representative toaudit:

(a) the Contractor's operational practices and procedures, includinggeneral controls and security practices and contingencyprocedures, to the extent that those practices and procedures areutilised in the provision of the Services; and

(b) the efficiency and controls of the Contractor's operations.

16.2 The Principal's audit of the Contractor financial resources andinvoicing

The Contractor shall permit the Principal or the Principal's nominatedrepresentative to audit:

(a) the accuracy of the Contractor's invoices and the charges set outin those invoices; and

(b) any other financial aspects of the Contractor's business as sorequired by the Principal.

16.3 Overcharge to the Principal

16.3.1 If an audit conducted in accordance with clause 16.2 showsthat the Contractor has overcharged the Principal, theContractor shall refund the amount overcharged to the Principalimmediately. If any such audit shows that the Contractor hasovercharged the Principal by more than 5%, the Contractorshall pay the Principal's costs of undertaking the audit and shallrefund the amount charged to the Principal immediately.

16.3.2 The Contractor agrees to pay interest on all amountsovercharged to the Principal from when the overchargedamount was paid to the Contractor within 10 Business Days ofa demand for payment being made by the Principal.

16.3.3 The Contractor agrees to pay interest on the overchargedamounts at a rate being the aggregate of the last knownReserve Bank of Australia Indicator Lending Rate (Variable) onlarge business loans, published in the Reserve Bank Bulletin asTable F05 "Indicator Lending Rates", plus three percent (3%)per annum, calculated on a daily basis.

16.4 The Contractor's Internal Audit

The Contractor shall disclose the results of any internal audit conducted bythe Contractor of its own operations to the extent that they may be relevantto the Services provided to the Principal.



16.5 Periodic Reviews

16.5.1 The Principal may conduct a review of the operation of thisContract at reasonable intervals during the Term. If thePrincipal wishes to do so, it must notify the Contractor of itsintention to conduct the review, the scope of the review, theidentity of the person who will conduct the review (who may beindependent of the Parties to this Agreement) and the expectedtimeframe of the review.

16.5.2 The Contractor must fully cooperate with any review.

16.5.3


Each Party will each bear their own costs of the review but thePrincipal will bear the costs of engaging a person(s) to conductthe review.



17 INSURANCE

17.1 Insurance RequirementsThe Contractor must not later than 10 Business Days prior to the ServicesCommencement Date take out and maintain insurance in relation to allinsurable liabilities of the Contractor under the Contract as specified inSchedule 11.

17.2 Reputable and Solvent InsurerAny policy of insurance taken out by the Contractor must be taken outwith a reputable and solvent insurer acceptable to the Principal whichcarries on insurance business in Australia and is authorised in Australia tooperate as an insurance company.

17.3 Maintenance of InsuranceThe Contractor must:

(a) punctually pay all premiums and amounts necessary for effectingand keeping current the insurance required under clause 17.1;

(b) not vary or cancel any insurance required under clause 17.1 or asotherwise required under the Contract or allow it to lapse duringthe Term or otherwise do or allow to be done anything whichmay vitiate, invalidate, prejudice or render ineffective theinsurance or entitle the insurer to refuse a claim; and

(c) without limiting clause 17.3.(b), promptly reinstate any insurancerequired under clause 17.1 if it lapses or if cover is exhausted.

17.4 Evidence of InsuranceThe Contractor must give to the Principal sufficient evidence of theinsurances required under clause 17.1 and provide a certificate ofcurrency of insurance as requested by the Principal at any time. At aminimum the Contractor must provide the information specified inSchedule 11.

17.5 Failure to Prove InsuranceIf the Contractor does not comply with clauses 17.1, 17.2, 17.3 or 17.4then without limiting any other remedy available, the Principal maywithhold payment of any money due under the Contract to the Contractoruntil the Contractor has complied.

17.6 Incidents and claimsIf the Principal or the Contractor becomes aware of any event or incidentoccurring which gives rise or is likely to give rise to a claim under anyinsurance required under clause 17.1, it must as soon as reasonablypracticable notify the Principal or the Contractor (as applicable) in writingof that event or incident.

Failure to comply with this clause 17.6 will not invalidate or otherwiseaffect any indemnities, liabilities and releases of the Contract.

17.7 Continuing obligationThe insurances required under clause 17.1 are to be maintainedthroughout the Term.



17.8 No Limitation of Other LiabilitiesNothing in this clause 17 limits the Contractor's other liabilities under theContract or restricts the Contractor from insuring for sums or risks greaterthan those required under the Contract.

17.9 Insurances Primary

(a) The Insurances are primary and not secondary to the indemnitiesreferred to in this Contract.

(b) The Principal is not obliged to make a Claim or instituteproceedings against any insurer under the Insurances beforeenforcing any of its rights or remedies under the indemnitiesreferred to in this Contract or generally.

(c) The Contractor is not relieved from and remains fully responsiblefor its obligations in accordance with this Contract regardless ofwhether the Insurances respond or fail to respond to any claimand regardless of the reason why any Insurance responds or failsto respond.

17.10 Additional Insurance

If the Principal at any time reasonably requires the Contractor to:

(a) arrange Insurance against a risk not specifically provided for orcontemplated in this Contract; or

(b) increase the extent of, or change the terms of, an existingInsurance from that set out in Schedule 11,

it may notify the Contractor and request that the Contractor give effect tothe Principal's requirements set out in the notice (Request) and:

(c) the Contractor must promptly notify (and provide supportingevidence to) the Principal of the amount (if any) of any new oradditional premium payable to effect the Request; and

(d) the Principal will then determine whether or not it still requiresthe Contractor to give effect to the Request and will notify theContractor in writing of that decision;

(e) if the Principal still requires the Contractor to give effect to theRequest, and subject to sub-clause (f), the Contractor mustpromptly effect the new or additional Insurance cover the subjectof such Request and the Principal must reimburse the amount ofthe new or additional premium to the Contractor no later thanthe due date of the next Monthly Invoice; and

(f) sub-clause (e) does not apply where the increase required by thePrincipal either:

(i) represents increases in CPI over the Term; or

(ii) reflects increased general industry standards for levelsof insurance cover other than where the increase is as aresult of a non recurring or an extraordinary event.



17.11 Uninsurable RisksIn this clause 17.11 "Uninsurable" means, in relation to a risk, eitherthat

(a) the required Insurance is:

(i) not available in the recognised international insurance marketin respect of that risk generally; or

(ii) not available to the Contractor due to the capacity of insurersbeing filled in respect of that risk; or

(iii) not available upon the terms required by this Contract(including where exclusions materially adversely impact on theinsurability of that risk) from reputable insurers; or

(b) the premium payable for insuring that risk with such an insurer is atsuch a level or the terms and conditions are such that the risk is notgenerally being insured against by private sector providers orservices similar to the Services.

The Contractor must promptly notify the Principal if a risk becomesUninsurable. The Principal will then determine either:

(i) whether that part of the Services the subject of the Uninsurable riskshould be excised from the Contract; or

(ii) the Contractor should continue to provide that part of the Services thesubject of the Uninsurable risk but that the failure by the Contractorto effect insurance against the Uninsurable risk will not constitute anEvent of Default;

and will notify the Contractor in writing of its decision.



18 HUMAN RESOURCES

18.1 Staffing Plan

18.1.1 The Contractor must have at all times throughout the Term, acurrent Staffing Plan that includes:

18.1.2

18.1.3

(a) the current management structure supporting theServices;

(b) a management staffing plan including the names,curriculum vitae, position held and locations of KeyManagement Staff;

(c) an operational staffing plan showing the number of fulltime and casual staff by key location and by roleundertaken;

(d) the proposed location of staff with specialistqualifications (e.g. registered nurse);

(e) a broad outline of pay structures, terms and conditionsof employment applied to Contractor Employees; and

(f) total operational and administrative staff at keylocations from which the Contractor operates.

The Contractor will review the Staffing Plan on an annual basisand provide a copy of the Staffing Plan to the Principal for itsreview.

The Contractor will negotiate with and obtain the prior writtenagreement of the Principal before amending its staffing levelsas stated in the Staffing Plan. The Contractor will provide acopy of the current Staffing Plan to the Principal upon request.

18.2 Recruitment & Retention of experienced Contractor Employees

18.2.1 The Contractor must have at all times throughout the Term, acurrent recruitment and retention plan.

18.2.2 The Contractor will review the recruitment and retention planon an annual basis and provide a copy of the recruitment andretention plan to the Principal for its review.

18.2.3

18.2.4


The Parties agree that it is in their best interests to keep theturnover rate of Contractor Employees to a reasonably lowlevel. Accordingly, where the Principal believes the turnoverrate is excessive, the Principal may require the Contractor toprovide a report providing details of all Contractor Employeesand the turnover rate, and the Parties shall meet and discussthe reasons for the turnover rate.

Within 15 Business Days of a request from the Principal, theContractor shall submit to the Principal its proposal for reducingthe turnover rate and the Parties shall agree on a programmeto bring the turnover rate to an acceptable level.



18.2.5 The Contractor must ensure that Key Management Staff remainassigned in the roles or positions described in clause 18.1.1(b)throughout the Term, unless the Principal has given its priorwritten consent to both the removal of one of the KeyManagement Staff and the intended replacement. For theavoidance of doubt, the Principal's approval is not requiredwhere a Key Management Staff voluntarily resigns, however itis required for any intended replacement.

18.2.6 The Contractor may not abolish the positions of the KeyManagement Staff without the prior written consent of thePrincipal.

18.3 Contractor to develop Code of Conduct

The Contractor must develop, and submit to the Principal for itsendorsement, within 3 months after the Commencement Date, a Code ofConduct.

18.4 Principal to endorse Code of Conduct

18.4.1 The Principal may endorse, withhold endorsement or givequalified endorsement to all or part of the Code of Conductsubmitted by the Contractor in accordance with clause 18.3.

18.4.2

18.4.3

If the Principal fails to respond within 15 Business Days of anysuch submission, then the Code of Conduct shall be deemed tobe endorsed for the purposes of this Contract.

If the Principal does not endorse all or part of the Code ofConduct or gives qualified endorsement, then the Principal shallgive written notice to the Contractor specifying in reasonabledetail the reasons for such a decision and the Contractor mustpromptly submit a revised Code of Conduct to the Principal forits endorsement having regard to the Principal's comments.

18.5 Contractor to review and maintain Code of Conduct

Upon obtaining endorsement under clause 18.4, the Contractor must keepthe Code of Conduct current at all times and must review the same as oftenas may be necessary and appropriate, but not less than once every 12months and must submit the revised Code of Conduct for endorsement bythe Principal under clause 18.4.

18.6 Contractor to have in place human resource systems

18.6.1 The Contractor must ensure that human resource systems arein place:


(a) to enable effective appraisals of the performance ofContract Workers;

(b) to ensure that the behaviour of Contract Workers is ofthe highest standard even when off duty and is inaccordance with the Code of Conduct;

(c) to provide mentoring for new Contract Workers; and



18.6.2

(d) subject to clauses 19.2(d) and (e), to foster andsupport gender and ethnicity mix, reflecting thecommunity and, where appropriate, the prisonpopulation according to location.

The Contractor must ensure that Contract Workers are affordedsupport, guidance and assistance by the use of comprehensiveand fair human resource strategies.

18.6.3 The Contractor must implement and maintain effectiveoccupational health and safety standards and ensure that allContract Workers comply with them.

18.6.4 The Contractor must formulate and disseminate acomprehensive suite of human resource management policiesto all Contract Workers including, but not limited to, thefollowing issues:

18.6.5


(a) performance management;

(b) occupational health and safety;

(c) security;

(d) equal opportunity;

(e) anti-discrimination;

(f) victimisation;

(g) bullying; and

(h) employee support and assistance.

The Contractor must ensure that roles are clearly defined andagreed with employees and that effective performanceappraisals are conducted consistent with the Contractor'sperformance management system.



19 CONTRACTOR EMPLOYEES & CONTRACT WORKERS

19.1 Provision of Contractor Employees & Contract Workers

The Contractor is responsible for providing all Contractor Employees andmaking all staffing arrangements required for the performance of theServices and the Contractor's Obligations in accordance with this Contract.

19.2 Engagement of Contractor Employees & Contract Workers


(a) (enquire as to suitability) in respect of each person who isproposed to be engaged as a Contractor Employee, make allappropriate enquiries and carry out a proper investigation of theperson and their suitability to perform the Services including:

(I) any offence for which the person has been convicted orcharged;

(ii) any disciplinary proceedings conducted against theperson in the course of his or her employment;

relevant academic and other qualifications obtained bythe person; and

(iv) any other matter that is relevant to the suitability of theperson to perform the Services, including the person'smedical history;

(b) (provision of information to the Principal) make available to thePrincipal full details of each person who is proposed to be engagedas a Contract Worker, including the resume and any otherinformation relating to that person and the results of the Contractor'senquiries and investigation carried out pursuant to subclause (a) inrelation to that person, to enable the Principal to conduct checks ofthe person's criminal record within Australia and overseas and todetermine whether to approve the engagement of the person as aContract Worker;

(c) (the Principal's prior approval to engagement) followingcompliance with subclauses (a) and (b), to obtain the Principal'sprior approval to the engagement of each Contract Worker;

(d) (discrimination and other Laws) in connection with theengagement of each Contract Worker, comply with all Laws includingany requirements relating to discrimination, whether on the basis ofgender, race or any other basis, and the DCS' equal opportunitypolicy as notified to the Contractor from time to time; and

(e) (engagement of Aboriginal Contract Workers) consult withAboriginal groups in Western Australia to promote and encourage theengagement of Aboriginals as Contract Workers.



19.3 Issue of Permits to Contract Workers

19.3.1 In addition to any requirements in this clause 19 applying toContractor Employees and Contract Workers generally, theContractor must ensure that all Contract Workers:

(a) hold the necessary Permit and all other authorisationsas may be required under the CS&CS Act to performthe Services;

(b) hold an approved Working With Children Card whenperforming the Services in any Court Custody Centre;and

(c) perform the Services in accordance with the relevantPermit and any conditions and limitations specified inthat Permit and all other authorisations.

19.3.2 The Contractor acknowledges the Principal's powers under theCS&CS Act to:

(a) determine the suitability of any applicant for a Permithaving regard to the matters referred to in section 52of the CS&CS Act in respect of the applicant;

(b) refuse to issue a Permit in accordance with section 54of the CS&CS Act;

(c) determine the suitability of a Contract Worker tocontinue holding a Permit in accordance with section55 of the CS&CS Act; and

(d) suspend or revoke a Permit under section 56 of theCS&CS Act.

19.4 Ongoing disclosure requirements

19.4.1 The Contractor shall immediately notify the Principal of anyOngoing Disclosure Requirements.

19.4.2 The Contractor shall ensure that each of its employees iscontractually obliged by their terms of employment toimmediately inform the Contractor of any breach of duty,allegation of or criminal charge being made or a new criminalconviction being identified against him or her.

19.4.3

19.4.4


Where Ongoing Disclosure Requirements have beenidentified, the Contractor shall, upon direction from thePrincipal, immediately suspend the said employee(s) fromperforming Services under this Contract.

The Principal shall not be liable for any Contractor costsassociated with the suspension of any employee under theprovisions of clause 19.4.1 above.



19.5 Removal of Contract Workers

19.5.1 The Principal may, at any time by notice to the Contractor:

19.5.2

19.5.3

19.5.4

(a) suspend or revoke its Permit for any ContractWorker; and

(b) require the Contractor or, in the case of a ContractWorker engaged by a Subcontractor, require theContractor to cause a Subcontractor, to terminatethe engagement of any Contract Worker of whomthe Principal has withdrawn its Permit and removethat person from:

(i) any Service Site; and

(ii) the performance of any Services.

If the Principal issues a notice under clause 19.5.1, theContractor must comply with the Principal's notice and mustnot thereafter engage, or allow that person to be engaged bya Subcontractor:

(a) at any Service Site; or

(b) in any capacity,

without the Principal's prior written consent.

The Contractor must provide within 10 Business Days afterreceiving a written request from the Principal for anyinformation required by the Principal in order to determinewhether to withdraw its approval of the engagement of anyContract Worker from the Principal for such information.

For the avoidance of doubt, nothing in this clause 19.5requires the Contractor to terminate the Contract Worker'semployment with the Contractor.

19.6 Principal's approvals

The Contractor acknowledges that an approval given by the Principal underthis clause 19 does not imply:

(a) any release of the Contractor from the Contractor's Obligations; or

(b) any assumption by the Principal of any responsibility or liability as tothe adequacy of the Contractor's staffing arrangements to meet theContractor's Obligations.

19.7 Contractor to keep records relating to Contract Workers

The requirements of clause 30 in relation to records apply to theContractor's Obligations under this clause and the Contractor must, inparticular, keep records of the following matters relating to each ContractWorker:



(a) the name, address and relevant personal details of theContract Worker;

(b) the results of the Contractor's pre-engagement enquiries asto suitability to perform Services and the Contract Worker'srésumé;

(c) the qualifications, accreditation, permits and licences held,and training completed, by the Contract Worker;

(d) any disciplinary proceedings conducted against the ContractWorker arising in connection with the performance of theServices;

(e) any offence for which the Contract Worker has been charged;and

(f) any other material matters relating to the Contract Worker ortheir performance of the Services and any matters of whichthe Principal may notify the Contractor from time to time.

19.8 Access to Contract Workers

The Contractor must allow the Principal and the Client Agencies to haveunrestricted access to each Contract Worker and the Contractor will use itsreasonable endeavours to ensure that the Contract Worker:

(a) is available for interview by;

(b) provides information as is required by; and

(c) otherwise co-operates with,

the Principal and the Client Agencies in undertaking any matter under or forthe purposes of this Contract.

19.9 Application to Subcontractors

19.9.1

19.9.2

This clause 19 applies to each Subcontractor that employs aContractor Employee or Contract Worker and the Contractormust ensure that each Subcontractor complies with theobligations set out in this clause 19 prior to employing such aperson.

The Ongoing Disclosure Requirements also apply toSubcontractors and their employees. The Contractor shallensure that it can also require its Subcontractors toimmediately remove or substitute any such employee(s) fromproviding the Services or performing any obligation under theContract.

19.10 Contract Workers Engaged at Contractor's Own Risk

Where the Permit of a Contract Worker is refused or revoked theemployment of that Contract Worker is at the Contractor's own riskincluding without limitation the cost of dismissing any such Contract Workeras a result of the Permit being refused or revoked.



20 TRAINING

20.1 Contractor to provide training registered by a Registered TrainingOrganisation

The Contractor is to ensure that all Training Programmes are provided by aRegistered Training Organisation.

20.2 Pre-Service Training Programme for Contract Workers

20.2.1


The Contractor must develop a Pre-Service TrainingProgramme for Contract Workers addressing all matters thatmay be reasonably required for the purpose of training newContract Workers and providing them with the skills requiredto provide the Services in the matter and at the standardrequired by this Contract, including but not limited to:

(a) custody and containment;

(b) care and well being;

(c) business systems;

(d) human resources and occupational health;

(e) compliance with Laws or other requirementsapplicable to the performance of ContractWorkers' functions;

(I)

use of force and instruments of restraint;

handling and disclosure of information;

the legal framework;

the structure of the Services and keyoperational requirements;

security procedures;

communications;

operational responses;

special needs awareness;

individual performance;

emergency responses;

risk management;

practices and protocols; and

(r) any other matter that the Principal considersand notifies the Contractor, should be thesubject of a Pre-Service Training Programme.



20.3 Contract Workers to be trained to a minimum level of Certificate III

The Contractor must ensure that all Contract Workers are trained to aminimum level of Certificate III and are in possession of a Certificate III assoon as possible, however no longer than 12 months after commencingwork in performing the Services.

20.4 Supervisors to be trained to a minimum level of Certificate IV

The Contractor must ensure that all Contract Workers holding supervisorypositions are trained to a minimum level of Certificate IV and are inpossession of a Certificate IV as soon as possible, however no longer than12 months after commencing work in performing the Services.

20.5 Specific Training Programmes for Contract Workers

The Contractor must develop Specific Training Programmes which includeother training programmes addressing all matters that may be reasonablyrequired in respect of the specific duties or functions that each ContractWorker is required to perform to provide the Services, in the matter and atthe standard required by this Contract, including:

(a) training in the performance of the Services; and

(b) training in the performance of any other function or which addressesany other specific matter that the Principal considers and notifies theContractor, should be the subject of a Specific Training Programme.

20.6 Ongoing Training Programmes for Contract Workers

The Contractor must develop Ongoing Training Programmes for the ongoingtraining and staff development of Contract Workers who have completed thePre-Service Training Programme and/or Specific Training Programmes, forthe purposes of:

(a) updating and developing Contract Workers' skills required in theperformance of their duties and functions, in the manner and at thestandard required by this Contract;

(b) where required, assisting Contract Workers to achieve the trainingqualifications referred to in clause 20.3; and

(c) addressing any other matters that the Principal considers andnotifies the Contractor, should be the subject of an Ongoing TrainingProgramme.



20.7 Training and Qualifications of Contract Workers

20.7.1 The Contractor must ensure that each Contract Worker:

20.7.2

20.7.3

(a) has satisfactorily completed the Pre-ServiceTraining Programme before the Contract Workerhas any contact with Persons in Custody;

(b) has satisfactorily completed all Specific TrainingProgrammes before the Contract Workercommences performance of any duties andfunctions to which the Specific Training Programmerelates; and

(c) satisfactorily completes any Ongoing TrainingProgrammes as may be required from time to timefor the purposes of this Contract.

A Contract Worker will be deemed to have satisfactorilycompleted a Training Programme if the Contract Worker hasbeen formally assessed as having passed the relevantTraining Programme, or where no formal assessment isrequired to be made, the Contract Worker has completed theclass hours scheduled for that Training Programme.

The Contractor must provide the Principal with theinformation necessary for the Principal to assess theContractor's compliance with this clause 20.7, or to determinethat the Training Programmes for the Contract Workers havebeen satisfactorily completed, as the case may be, within 15Business Days after receiving a written request from thePrincipal for such information.

20.8 Additional Training Requirements

In addition to the training requirements specified in this clause 20, theContractor must also ensure compliance with any training requirements asset out in the Service Requirements.



21 INDUSTRIAL RELATIONS

21.1 Good relations

The Contractor must use reasonable endeavours to maintain good industrialand employee relations with the Contract Workers.

21.2 Compliance with Industrial Instruments


(a) comply with all applicable Industrial Instruments; and

(b) ensure that all Contractor employees are paid and receive thewages and conditions as provided for by each applicableIndustrial Instrument.

21.3 Industrial Disputes

If an Industrial Dispute occurs, or is threatened, the Contractor must:

(a) immediately inform the Principal and continue to keep thePrincipal informed throughout the course of the IndustrialDispute;

(b) take all reasonable action required to bring the IndustrialDispute to an end in the shortest time practical, includingnotifying the dispute to the relevant state or federal IndustrialRelations Commission;

(c) take all reasonable action to ensure that the Contract Workersconform to the provisions of any dispute settling proceduresprovided for in an application Industrial Instrument; and

(d) whilst appropriate steps are implemented to resolve theIndustrial Dispute, use its best endeavours to provide theServices and implement and adhere to its Business ContinuityPlan.

21.4 Minimising adverse effects

The Principal and the Contractor must co-operate to endeavour to minimisethe adverse effect of any actual or threatened Industrial Dispute.

21.5 Remedial action under CS&CS Act

Notwithstanding the other provisions of this clause, the Principal is entitledto take remedial action under the CS&CS Act.



22 CONFLICT OF INTEREST

22.1 Corrupt gifts and payments

22.1.1 The Contractor shall not offer or give or agree to give anyperson employed by the Government of Western Australiaany gift or consideration of any kind as an inducement orreward for doing or forbearing to do or for having done orforborne to do any act in relation to the obtaining orperformance of the Contract or any other agreement withthe Government of Western Australia or for showing orforbearing to show favour or disfavour to any person inrelation to the Contract.

22.1.2 In the event of any breach of subclause 22.1.1, the Principalmay require the Contractor:

22.1.3

(a) to immediately terminate the employment ofthe Contractor or Subcontractor employee(s)engaged in such corruption or anysubcontractor; and

(b) provide such evidence as the Principal, in itssole and reasonable opinion, may require tosatisfy itself that the breach was not authorisedby the Contractor.

Where the Principal is of the sole and reasonable opinionthat the Contractor had authorised such corruption, thenthe Principal may summarily terminate the Contract bynotice in writing to the Contractor. Such termination is notto affect or prejudice any right of action or remedy whichmay have accrued or shall accrue to the Principal. Wherethis clause is activated, the Principal will pay no costsresulting from such early termination to the Contractor.

22.1.4 The decision of the Principal shall be final and conclusive inany dispute, difference or question arising in respect to:


(a) interpretation of this clause 22; or

(b) the right of the Principal under this clause toterminate the Contract; or

(c) the amount or value of any such gift,consideration or commission.



23 CONFIDENTIALITY AND SECURITY

23.1 Contractor's obligations of confidentiality

Subject to clause 23.2, the Contractor must keep the Confidential Informationconfidential, and must not without the Principal's prior written consent:

(a) disclose the Confidential Information to any person, other thanthose Contractor Employees requiring the ConfidentialInformation for the purposes of:

(i) this Contract;

(ii) provision of the Services or performance of theContractor's Obligations; or

(iii) complying with any relevant Law;

(b) use or permit any Contractor Employee to use any of theConfidential Information for any purpose other than in relation tothe performance of the obligations under this Contract; or

(c) record the Confidential Information for any purpose other than inrelation to the performance of the obligations under thisContract.

23.2 Permitted disclosure

The obligation of confidentiality set out in clause 23.1 does not apply toinformation which has come into the public domain through no fault of theContractor.

23.3 Third parties

The Contractor undertakes and warrants that any person to whomConfidential Information is made available, communicated or disclosed aspermitted under this clause, will be subject to, and maintain, the obligationsof confidentiality contained in this clause 23.

23.4 Compulsory disclosure

23.4.1

23.4.2


If the Contractor, or any person to whom the Contractordiscloses the Confidential Information, becomes legallycompelled to disclose the Confidential Information, theContractor must immediately notify the Principal so that thePrincipal may seek a protective order or other appropriaterelief.

The Contractor must only disclose that part of the ConfidentialInformation which is legally required to be disclosed and willtake all reasonable steps to obtain a protective order or otherassurances that the confidentiality of the ConfidentialInformation will be maintained.



23.5 Media release


(a) obtain the Principal's prior written consent to:

(i) issue any information, documentation or article in respect tothe Services or this Contract for publication in any media; or

(ii) nominate the Services for any award,

(b) give due recognition to the Principal where the Principal consents toa matter specified in subclause (a); and

(c) refer all enquiries from any media concerning the Services or thisContract to the Principal, and thereafter, promptly provide details tothe Principal of all enquiries, and any material or informationreleased by the Contractor following the Principal's consent.

23.6 Public documents

23.6.1 The Contractor acknowledges that the Principal is obligedunder the CS&CS Act to lay before each House of Parliament:

23.6.2

(a) certain reports concerning the operations of theContractor, the Services and this Contract; and

(b) this Contract and any amendments to this Contract.

Nothing in this Contract prevents or restricts the Principalfrom complying fully with its obligations under the CS&CSAct.

23.6.3 The Contractor fully acknowledges that this Contract and anyamendments to this Contract will become public documents.

23.7 Continuing obligation

This clause 23 will survive the termination of this Contract.



24 FREEDOM OF INFORMATION

24.1 Contractor to provide assistance

If the Principal receives a freedom of information request which relates toinformation or activities of the Contractor or any Subcontractor, or to theServices or to this Contract, the Contractor must provide such assistance asthe Principal requests.

24.2 Contractor becoming aware of freedom of information request

If the Contractor receives, or becomes aware of, any freedom of informationrequest relevant to this Contract, it shall immediately inform the ContractManager and, subject to complying with its obligations under the Freedom ofInformation Act 1992 (WA) and any other law, comply with such directions asthe Contract Manager may give concerning that request.

24.3 Section 38 of the CS&CS Act

For the purposes of Section 38(1) of the CS&CS Act, the office the holder ofwhich is to be the principal officer of the Contractor and the subcontractorsfor the purpose of the Corruption and Crime Commission Act 2003 (WA), theFreedom of Information Act 1992 (WA) and the Parliamentary CommissionerAct 1971 (WA) respectively is the Contractor Representative.



25 CONTRACTING

25.1 Application for and Permitting Subcontracting

25.1.1 The Contractor must not, without the prior written approval ofthe Principal, subcontract the performance of any part of theServices or any rights or obligations under this Contract.

25.1.2 In seeking approval of a proposed subcontract, the Contractormust clearly specify in writing:

(a) the specific components of the Services that theContractor proposes to Subcontract;

(b) the scope of the proposed Subcontract; and

(c) the identity, background and qualifications of theproposed Subcontractor and any other information as maybe notified to the Contractor by the Principal which isrequired to conduct a fit and proper person check.

25.2 Conditions for Subcontractors

Unless the Principal otherwise approves, all Subcontracts must:

(a) contain requirements that the Subcontractor must:

(i) have established, and maintain, an occupational healthand safety policy and plan approved by the Principal;

(ii) as a minimum, pay all the Subcontractor's employeesthe rates and allowances set out in applicableIndustrial Instruments; and

( iii) have appointed, and use, in performing any Services,persons who possess appropriate skill, expertise andqualifications to meet the requirements of thisContract;

(b) contain an acknowledgement of the Principal's rights of intervention,suspension and termination in terms substantially equivalent toclause 33.4; and

(c) provide that if this Contract (either in part or in its entirety) isterminated the Contractor's rights, benefits, obligations and liabilitiesunder the Subcontract may be novated to the Principal or to aperson nominated by the Principal on terms acceptable to thePrincipal.



25.3 Principal's Approval of Subcontract

The Principal may:

(a) approve or disapprove any proposed Subcontract in the Principal'sdiscretion and may attach conditions of approval;

(b) at any time during the Operating Period, withdraw approval of anySubcontract if:

(i) the Subcontractor's performance under theSubcontract is deficient;

(ii) material misrepresentations were made to thePrincipal by the Contractor or by the Subcontractor inrelation to the Subcontract;

(iii) the Principal so determines on the basis of any otherdisputes or unsatisfactory dealings with theSubcontractor; or

(iv) the Principal has any other reasonable cause for doingso.

25.4 Information Requirements


(a) provide to the Principal a copy of the Subcontract after it has beenexecuted;

(b) keep the Principal informed in relation to any material issues thatmay arise in relation to the Subcontract and its performance;

(c) maintain an audit trail of processes undertaken to identify and selectSubcontractors; and

(d) ensure that each Subcontractor undergoes security screening andmovement control, and give the Principal access to, records of thesecurity screening and movement control in accordance with clause30.

25.5 Contractor's liability not affected

If the Contractor enters into a Subcontract; the Contractor:

(a) is not relieved of any obligation or liability under this Contract;

(b) must ensure the full and complete performance of the Services inaccordance with this Contract; and

(c) must ensure that where any person is engaged or to be engaged asa Contract Worker by a Subcontractor, all provisions of this Contractdealing with Contract Workers are fully complied with as if thatperson were engaged directly by the Contractor.



25.6 Liability for Subcontractors

The Contractor agrees it is fully liable to the Principal for any Claim madeagainst, or loss suffered or incurred by, the Principal as a result of any:

(a) act, default, neglect or omission on the part of; or

(b) lack of skill or judgment by,

any Subcontractor or any employee, agent or contractor of the Subcontractor,as if that act, default, neglect or omission, or lack of skill or judgment (as thecase may be) was the Contractor's.



26 CONTRACTOR TRANSPORT

26.1 Provision of transport

The Contractor shall ensure that sufficient and appropriate types oftransport that are serviceable and available are provided daily to allow it todischarge its obligations and to fulfil the necessary arrangements for secureescorting of all classifications of Persons in Custody in appropriate types oftransport under this Contract.

26.2 Contractor to acquire Vehicles from the Principal

26.2.1 The Contractor has determined it will acquire Vehicles from thePrincipal as set out in Schedule 12. On the first Business Dayafter Services Commencement the Principal will sell the vehiclesset out in Schedule 12 to the Contractor, free of encumbrances,and the Contractor shall pay to the Principal an amount of$11,892,774 (GST exclusive).

26.2.2 If possible prior to, or in any event as soon as practicable after,the Services Commencement Date, the Principal and theContractor will agree a schedule of defects in the vehicles to beacquired by the Contractor. The Principal will then in consultationwith the Contractor carry out any defects indentified within areasonable period of time.

26.2.3 The Principal will use all reasonable endeavours to transfer anyspecial dispensation that may have been granted by theDepartment of Planning and Infrastructure (now Department ofTransport) in the relaxing of Australian Design Rules (ADR) in thevehicles meeting all the requirements of being driven on publicroads legally shall remain vesting with the Vehicles during theterm of the Contract. If the Principal is unable to achieve thattransfer then the Contractor will transfer the affected vehiclesback to the Principal and the Principal will refund to theContractor the relevant portion of the purchase price of theaffected vehicles. The Principal will in turn licence back to theContractor the affected vehicles for the purpose of providing theServices at a licence fee to be mutually agreed. Notwithstandingthis licence of the affected vehicles the Contractor shall be boundby all of the other terms and conditions of this Contract inrespect to the standards, maintenance and repair and renewal ofthe affected vehicles.

26.3 Suitability of transport

26.3.1 Subject to clauses 26.2.2 and 26.2.3 the Contractor shall ensurethat all totally new vehicles added to the fleet:

(a) is fit for purpose; and

(b) where feasible is compatible with the Person in Custodyunloading/loading facilities at Police Lock Ups, courts orprison premises where each vehicle will operate.



26.3.2 All types of transport provided and operated by the Contractorunder this Contract shall comply with the requirements of allLaws, shall satisfy the requirements of the relevant transportconstruction and use regulations and all legal requirements forthat type of transport and operational use.

26.3.3 The Contractor shall comply with all requirements in respect tomodes of transport and transportation methods as set out in theService Requirements.

26.4 Selection and maintenance of transport

Subject to these provisions, the Contractor shall be responsible for:

(a) the selection of transport type;

(b) their acquisition;

(c) maintenance, support and repair services (including daily and/orperiodic air or roadworthiness checks and all statutory inspections);

(d) repair or replacement of damaged transport type unavailable forservice; and

(e) end of life disposal.

26.5 Contractor to have fleet management system

The Contractor shall ensure that an appropriate fleet management system isestablished which records transport type history including, but not limitedto:

(a) daily and cumulative mileage;

(b) routes;

(c) details per transport type of:

(i) maintenance;

(ii) modifications;

(iii) breakdowns; and

(iv) statutory or other inspections undertaken.

The fleet management system shall be available to be viewed by theContract Manager (or other person nominated by the Principal) uponrequest.

26.6 Security specifications

The Contractor shall submit the security specifications of all transport typesfor review by the Principal prior to Services Commencement Date. TheContractor shall also submit such additional information as the Principal mayrequire when there is a proposal for any new transport types oramendments to vary in-service transport types.



26.7 Finance or Leasing arrangements

If at any time during the Term, the Contractor enters into any finance orleasing arrangements for transport types to provide the Services inaccordance with the Contract the following provisions apply:

(a) the Contractor to notify the Principal of such intention in writingand to provide full details (including the identity of the finance orleasing company, the number of and description of the transporttypes and the terms of the finance or leasing arrangements) andwill consult with the Principal in order to agree the terms of suchfinance or leasing arrangements;

(b) the Contractor shall not enter into the finance or leasingarrangements unless the arrangements have been approved by thePrincipal in writing.

26.8 Information to be provided to the Principal

At any time during the Term, or at any time up to 2 years following the dateof expiry or termination of this Contract, the Contractor shall provide to thePrincipal in writing such information as the Principal may require relating tothe transport types used in the performance of the Services (whether theproperty of, or leased to the Contractor or subject to finance agreementswith third parties) including, but not limited to:

(a) the number, age and type of the transport type;

(b) the operational specifications (including the extent of any specialpurpose modifications or specific enhancements were made);

(c) the current condition;

(d) the location of the relevant transport type;

(e) the details of any current lease of finance arrangements for therelevant transport type; and

(f) the current valuation of the relevant transport type.

26.9 Principal's option to acquire Transport Fleet upon termination

(a) Subject to clause 26.9(i)(C), the Principal agrees that on expiry ortermination of this Contract at the election of the Principal either:

(i)


the Principal will purchase the Transport Fleet free ofencumbrance and will either pay to the Contractor:

(A) the lesser of the market value of the TransportFleet or the written down value of theTransport Fleet as it then appears in theContractor's accounts; or

(B) if subject to a finance or lease agreement thebalance then owing under any finance or leaseagreements;



provided that:(C) the Principal will only be obliged to acquire

such parts of the Transport Fleet as have beenmaintained in a condition consistent with theContractor's Obligations; and

(D) the Principal is not obliged to pay any earlytermination payments under any finance orlease agreements if this Contract is terminatedas a result of an Event of Default;

or

(ii) it will be a condition of any contract that replaces orotherwise deals with the Services that the party who isperforming the Services under the new or replacementcontract agrees to the novation of all of the TransportFleet finance agreements and leases from the Contractorbut only in respect of such parts of the Transport Fleet ashave been maintained in a condition consistent with theContractor's Obligations.

(b) The Principal will be deemed to hold the benefit of any suchcondition contemplated by clause 26.8(a)(ii) for the Contractor andthe Principal agrees to perform all acts and do all things necessaryto enforce the condition contemplated by clause 26.8(a)(ii).

(c) The Contractor must do all things to facilitate and effect thenovations contemplated by this clause, including, but not limitedto, executing all documents to effect such novations.

(d) Notwithstanding anything else in this Contract, this clause willsurvive the expiry or termination of this Contract.

26.10 Cost of Air Charter

The Contractor's Price includes costs from air charter companies. After theCommencement Date, the Principal will assist the Contractor to negotiatevalue for money Subcontract arrangements with air charter companies. Inthe event this results in any savings achieved at the ServicesCommencement Date, the Contractor shall make an adjustment to its Price,reducing it the equivalent of 100% of the cost savings achieved.

If the Contractor is not able to negotiate value for money Subcontractarrangements with air charter companies, acceptable to the Principal, thePrincipal may elect to remove the Subcontract arrangement with air chartercompanies from the Contract in accordance with Clause 47.



27 ACCESS TO AND USE OF FACILITIES

27.1 Licence to Contractor for access and use of Designated Areas

27.1.1 Subject to this Contract, the Principal hereby grants a non-exclusive, non-transferable licence to use the Designated Areasto the Contractor, the Contract Workers and any Subcontractorsfor the purposes of providing the Services or performing theContractor's Obligations. The Contractor agrees not to use theDesignated Areas for any other purpose without the prior writtenconsent of the Principal.

27.1.2 Except as expressly provided by this Contract, the licencegranted in subclause 27.1.1 above expires at the end of the Termand the Contractor must not, and must ensure that no ContractWorker or Subcontractor, uses or occupies the Designated Areasfor any purpose after that date, except with the Principal's priorconsent.

27.1.3 The Contractor must, and must ensure that all Contract Workersand Subcontractors:

(a) comply with all safety and security measures in relationto the Service Sites as directed by the Principal;

(b) carry suitable identification at all times whilst performingthe Services;

(c) not examine, copy, remove or otherwise interfere withany thing on or in the Service Sites except for thepurpose of performing the Services; and

(d) comply with any directions issued by the Principal fromtime to time in relation to access and usage of theService Sites.

27.2 Right of access to Service Sites for Principal

27.2.1 For the avoidance of doubt, the Principal and from time to time,Client Agencies, shall at all times throughout the Term, haveunfettered access and be entitled to enter and use any ServiceSite for any reason, including but not limited to:


(a) carrying out its functions, rights and obligations under thisContract or any relevant Law;

(b) ascertaining compliance by the Contractor with itsobligations under this Contract, the CS&CS Act or anyother Law;

(c) inspecting the state of repair and carry out works to theService Site; and

(d) exercising such rights in relation to the Service Sites aswould be ordinarily be required.



27.3 Use of Service Site Equipment

27.3.1

27.3.2

27.3.3

The Principal agrees that the Contractor may use Service SiteEquipment as the Principal's licensee, exclusively for thepurpose of using the same to provide the Services andotherwise fulfil the Contractor's obligations throughout theTerm.

The Contractor must take reasonable care in using Service SiteEquipment and must not cause damage to the same (excludingreasonable wear and tear).

The Contractor may use its own equipment in the DesignatedAreas for the purposes of providing the Services subject to theprior written approval of the Principal to do so.

27.4 Maintenance, repair and damage


(a) not, and must not permit any other person to, alter or otherwiseinterfere with, or damage the Service Site Equipment, DesignatedAreas or Service Sites;

(b) take all reasonable steps to protect and preserve the propertyreferred to in subclause (a) from loss, damage or destruction of anykind; and

(c) where any loss or damage is caused, the Contractor will promptlynotify the the Principal for the cost ofany repairs necessitated by any act or omission or negligence of theContractor within 20 Business Days of written demand from thePrincipal.

27.5 Heritage protection

The Contractor acknowledges that some of the Service Sites are protectedby heritage legislation in Western Australia and any repairs and/oralterations to these premises must be carried out in accordance with thatlegislation.



28 INTELLECTUAL PROPERTY

28.1 Intellectual Property Rights warranties and indemnities by theContractor

28.1.1 The Contractor represents and warrants to the Principal that inperforming the Services or using any Intellectual Property, theContractor will not infringe or contravene any third Party rights,including any third Party Intellectual Property Rights, or anyLaws.

28.1.2 The Contractor warrants that it shall disclose in writing to thePrincipal:

(a) prior to the Commencement Date any Pre-ExistingIntellectual Property Rights; and

(b) at any time during the Term any New IntellectualProperty Rights,

which are held by a third Party and are to be used by theContractor which may be material in the provision ofperforming the Services and undertaking the Contractor'sObligations.

28.1.3 Where any Intellectual Property Rights are identified in clause28.1.2 above:

(a) the Contractor warrants that it has obtained a licencefrom the relevant third Party to use the IntellectualProperty Rights for the purposes of this Contract("Third Party Licence");

(b) the Contractor undertakes to assign and transfer theThird Party Licence to the Principal upon request bythe Principal where the Third Party Licence is capableof assignment to the Principal;

(c) if the Third Party Licence is not capable of assignmentto the Principal the Contractor must disclose this factto the Principal prior to usage of the IntellectualProperty Rights in the performance of the Services orContractor's Obligations.

28.1.4 The Contractor agrees, at all times, to indemnify and keep thePrincipal indemnified from and against every Loss arising from:


(a) any infringement by the Contractor or any ContractWorker of the Principal's Intellectual Property Rights;and

(b) the use by the Principal, the Client Agencies or anySuccessor Operator of any Intellectual Property Rightsin a manner contemplated by this clause.



28.2 Pre-existing Intellectual Property Rights

28.2.1 All Pre-Existing Intellectual Property Rights vested in theContractor remain vested in and the property of the Contractor,however the Contractor grants to the Principal a non-exclusive,royalty-free and irrevocable licence to exercise for any purposeall and any such Pre-Existing Intellectual Property Rights whichare used by the Contractor in connection with the performance ofthe Services of the Contractor's Obligations. This licence willterminate 12 months after the expiry of termination of thisContract. In the event that the Principal requires support andmaintenance from the Contractor to use any IT systems whichare comprised in Pre-Existing Intellectual Property Rights duringthat 12 month period the Principal will pay the Contractor for thatsupport and maintenance at reasonable commercial rates.

28.2.2 All Pre-Existing Intellectual Property Rights vested in the Principalremain vested in and the Property of the Principal, however thePrincipal grants to the Contractor a non-exclusive, royalty-freelicence to use such Pre-Existing Intellectual Property Rights forthe purposes of performing the Services during the Term only.

28.3 New Intellectual Property Rights

28.3.1

28.3.2

28.3.3

All New Intellectual Property Rights developed by the Contractorare to be vested in and the property of the Contractor, howeverthe Contractor grants to the Principal a non-exclusive, royalty-free and irrevocable licence to exercise for any purpose all andany such New Intellectual Property Rights which are used by theContractor in connection with the performance of the Services ofthe Contractor's Obligations in perpetuity.

All New Intellectual Property Rights developed by the Principalare to be vested in and the property of the Principal, however thePrincipal grants to the Contractor a non-exclusive, royalty-freelicence to use the New Intellectual Property Rights for thepurposes of performing the Services during the Term only.

During the Term, the Principal and the Contractor may agree tojointly develop New Intellectual Property Rights. Such NewIntellectual Property Rights would be jointly owned by the partiesand each Party is entitled to use or exploit these rights in amanner agreed between the parties.

28.4 Third Party Intellectual Property Rights

The Contractor must obtain all necessary copyright and other IntellectualProperty Right permissions prior to using any Third Party Intellectual PropertyRights in the provision of the Services or the Contractor's Obligations.

28.5 Intellectual Property Register

28.5.1

28.5.2

Within 3 months of the Commencement Date, the Principal andthe Contractor shall jointly develop an Intellectual PropertyRegister.

The Intellectual Property Register will be reviewed and updatedat least annually throughout the Term jointly by the Principal andthe Contractor.



29 REPORTING REQUIREMENTS

29.1 Reporting of Critical Incidents

Where a Critical Incident has occurred, the Contractor must:

(a) Immediately, or as soon as reasonably practicable in thecircumstances, but no later than 15 minutes of the Critical Incidenthaving occurred, verbally inform both:

(i) the Contract Manager; and

(ii) the relevant Client Agency Representative,

of the Critical Incident; and

(b) no later than 4 hours after the Critical Incident occurred, completeand return to the Contract Manager via email, a full written report (ina format specified by the Principal to the Contractor from time totime).

29.2 Reporting of Major Incidents

Where a Major Incident has occurred, the Contractor must:

(a) as soon as reasonably practicable in the circumstances, but no laterthan 1 hour of the Major Incident having occurred, verbally informthe Contract Manager of the Major Incident; and

(b) no later than 12 hours after the Major Incident occurred, completeand return to the Contract Manager via email, a full written report (ina format specified by the Principal to the Contractor from time totime).

29.3 Reporting of Situation Reports

Where there is a Situation which warrants inclusion in a Situation Report,the Contractor must:

(a) ensure that such a Situation is recorded in the Situation Report onthe day it happens; and

(b) submit via email to the Contract Manager, by 10am the followingday, the completed Situation Report containing all relevantSituations from the previous day (containing information and in aformat specified by the Principal to the Contractor from time totime).

29.4 Intelligence and Information Reporting

As soon as the Contractor becomes aware of any Intelligence and/orInformation it must immediately report the same in such manner andformat determined by the Principal from time to time.



29.5 Monthly Report

The Contractor must provide to the Principal, within 10 Business Days at theend of each Operating Month, a Monthly Performance Report which includes(but is not limited to) the following information:

(a) a descriptive report of the Contractor's performance against the KPIsand Specified Events in accordance with the Monitoring Method asdescribed in Schedules 1 and 2, with sufficient detail to enable to thePrincipal to measure the Contractor's performance against the KPIsand Specified Events;

(b) a descriptive report on the Contractor's performance and delivery ofthe Services, including Service delivery statistics;

(c) a summary of Critical Incidents and Major Incidents during the saidmonth and the actions taken by the Contractor for each one; and

(d) any ongoing records and registers required for operational purposeswhich are to be certified on a periodic basis.

29.6 Annual Performance Report

The Contractor must provide an Annual Performance Report to the Principalby the 1st September each year, in a format and containing informationspecified by the Principal to the Contractor from time to time, which shallinclude (but not be limited to):

(a) the Contractor's major achievements;

(b) the major challenges faced by the Contractor; and

(c) the total cost to the Principal for this Contract,

within the preceding financial year.

29.7 Annual Accounts

The Contractor must provide a full copy of its independently audited annualaccounts to the Principal by the 1st September each year.



30 RECORDS KEEPING

30.1 Contractor to keep records

30.1.1 The Contractor must establish and maintain true, up to date andcomplete records relating to all aspects of the provision of theServices and compliance with the Contractor's Obligationsincluding:

(a) the ownership, operation and maintenance of ContractorResources;

(b) its performance against the Service Requirements,Specified Events and KPIs as required by the Principal;

(c) all its Intellectual Property Rights;

(d) its collection, handling and use of ConfidentialInformation;

(e) any information relating to the Service Sites or a Personin Custody as the Principal may require to be recorded;and

(f) any other records required to be kept as specified underany other clause of this Contract.

30.1.2 The records referred to in clause 30.1.1 must:

(a) incorporate the detail; and

(b) meet the standards,

reasonably required by the Principal, as notified to the Contractorfrom time to time.

30.2 Financial records

30.2.1 Without limiting any other provisions of this clause 30, theContractor must maintain all those financial and financialplanning records that would be expected of a private operation ofthe Services.

30.2.2 The records referred to in clause 30.2.1 must:

(a) incorporate the detail; and

(b) meet the standards,

reasonably required by the Principal, as notified to the Contractorfrom time to time.



30.3 Access to records and information

30.3.1 The Contractor must:

30.3.2

(a) give the Principal and any persons authorised by thePrincipal (including its nominated auditors) full and freeaccess to the records required to be kept in accordancewith this clause 30 and permit the Principal or such otherauthorised persons to remove or make copies of any ofthose records or any other original or copied documents orinformation held in the Contractor's possession relating tothe Services or performance of the Contractor'sObligations; and

(b) give the Principal all information required by the Principalto assess the Contractor's performance of the Servicesand the Contractor's Obligations.

Where any records or information required to be provided by theContractor under this clause 30 are computerised, the Contractormust give the Principal and its authorised representatives the useof any computer facilities needed to access any of those records.

30.4 Records to be held

All records required to be maintained in accordance with this clause 30 mustbe held by the Contractor as required by the State Records Act 2000 and allother applicable Laws.

30.5 Legible reproductions

If any information or thing referred to in this clause 30 is stored or recordedin:

(a) a medium other than paper; or

(b) on the Contractor's computer systems,

the Contractor must, as soon as practicable after the Principal's request,make available to the Principal a full, accurate and legible reproduction ofthat information or thing.



31 PROBITY INVESTIGATION

31.1 Principal's Inquiries

31.1.1 The Principal may, at any time, make any inquiries of theContractor in relation to any issue or matter which mayconstitute a Probity Event, by giving the Contractor a noticesetting out those issues or matters.

31.1.2 The Contractor must, within 20 Business Days of receipt of anotice under clause 31.1.1, provide full details of the matters orissues requested by the Principal.

31.1.3 If the information provided by the Contractor leads the Principalto believe on reasonable grounds that a Probity Event hasoccurred, then clause 31.2 shall apply.

31.2 Notification of a Probity Event

If a Probity Event occurs, the Contractor or the Principal (as the case maybe) must notify the other Party that they consider a Probity Event hasoccurred. Such notice must describe the circumstances giving rise to thepossible occurrence of the Probity Event.

31.3 Action by the Contractor

31.3.1

31.3.2

Within 3 Business Days of receipt of a notice under clause 31.2,the Parties must meet in good faith and discuss the occurrence ofsuch an event and endeavour to agree on the actions to be takenby the Contractor to resolve such Probity Event.

If the Parties are unable to reach agreement under clause 31.3.1within 3 Business Days of meeting or the Contractor fails to meetwith the Principal in accordance with clause 31.3.1, then thePrincipal may serve a further notice on the Contractor setting outthe action that the Principal reasonably required the Contractorto take to address the adverse effects of the Probity Event andthe time within which such action must be taken including any orall of the following:

(a) terminating any contract, Subcontract or contract ofemployment;

(b) subject to this Contract, procuring that a person ceaseto have shares, entitlements, contracts, arrangements,significant influence, power of control over theContractor; or

(c) removing that person from any involvement with thedelivery of the Services under this Contract.

31.3.3 If the Parties agree on a course of action pursuant to clause31.3.1, then the Contractor must ensure that the actions to betaken by the Contractor, or other Parties as the case may be, aretaken within one month of such agreement.



32 DISPUTES

32.1 Negotiation by Contract Manager and Contractor's Representative

If either Party notifies the other Party of a dispute between the partiesrelating to or arising out of this Contract, then within 5 Business Days of thedate of the dispute notice, the Contract Manager and the Contractor'sRepresentative must meet and must use reasonable endeavours, acting ingood faith, to resolve the dispute by joint discussions.

32.2 Negotiation by senior representatives of the parties

If the dispute is not settled under clause 32.1 within 10 Business Days afterthe date of the dispute notice then, within 10 Business Days after the date ofthe dispute notice the Director Contracted Services at DCS, or personoccupying an equivalent position within the Principal, and a senior executiveof the Contractor must meet and must use reasonable endeavours, acting ingood faith to resolve the dispute by joint discussion.

32.3 Referral to CS&CS Board

If the dispute is not settled under clause 32.2 within 10 Business Days afterthe date of the dispute notice then the Parties must refer the dispute to theCS&CS Board, which must use reasonable endeavours, acting in good faith, toresolve the dispute.

32.4 If Dispute Not Settled

If the dispute is not settled under clause 32.3 within 10 Business Days of thedispute being referred to the CS&CS Board either Party in entitled to takewhatever steps it considers necessary including initiating Court action.

32.5 No effect on available rights and remedies

Clauses 32.1 to 32.3 do not prevent either Party applying to a court at anystage for injunctive or other relief or where a Party alleges that the other is inmaterial breach of this Contract.

32.6 Contractor must continue to perform the Services

The Contractor must continue to perform the Services and comply with theContractor's Obligations, notwithstanding any Dispute, except for anyobligations that cannot be performed because of the Dispute.



33 TERMINATION

33.1 Termination for Event of Default

The Principal may terminate this Contract by giving the Contractor a notice ifan Event of Default occurs.

Termination of this Contract for an Event of Default will take effect upon thedate stated in the notice given by the Principal.

33.2 Termination by agreement

This Contract may be terminated by the agreement in writing of the Principaland the Contractor.

33.3 Termination for convenience

33.3.1 The Principal may terminate this Contract in whole or in part atany time by sixty (60) Business Days (or such other period asmay be agreed between the parties) prior written notice. TheContractor will immediately comply with any directions given inthe notice and do all that is possible to mitigate its losses arisingfrom the termination of the Contract. The Principal willcompensate the Contractor in respect of any liabilities orexpenses (excluding loss of profit, loss of revenue, loss ofopportunity or similar losses, liabilities or expenses) which aresubstantiated and which are properly incurred by the Contractor,to the extent that those liabilities or expenses cannot bemitigated. No further compensation will be payable in the eventof termination pursuant to this clause 33.3.1.

33.3.2 The Contractor will, in each Subcontract, reserve a right oftermination in circumstances where this Contract is terminatedpursuant to clause 33.3.1.

33.4 Statutory remedies

In addition to the Principal's rights pursuant to this Contract, the Principalmay exercise any rights or remedies available to it under this CS&CS Act,including but not limited to the following:

(a) (Intervention in Contract): In the circumstances specified inSection 59 of the CS&CS Act, the Principal may intervene in theContract in the manner prescribed by the CS&CS Act;

(b) (Termination or suspension of Contract): In the circumstancesspecified in section 60 of the CS&CS Act, the Principal may, withthe Minister's approval, terminate or suspend the Contract in wholeor in part in the manner prescribed by the Act;

(c) (Appointment of administrator and requisitioning property):Where the Principal intervenes in the Contract under section 59 ofthe CS&CS Act or terminates or suspends the Contract undersection 60 of the CS&CS Act:



(i) the Principal may appoint or engage an administrator undersection 61 of the CS&CS Act in the case of intervention orunder section 62 of the CS&CS Act in the case of terminationor suspension, and the provisions of sections 61, 62, 63 and64 of the CS&CS Act shall apply to such appointment orengagement as shall be appropriate in the circumstances;and

(ii) pursuant to section 65 of the CS&CS Act the Principal or theadministrator appointed by the Principal and with thePrincipal's approval, may requisition and use for a period of12 months any property used in the provision of the Services.

33.5 Procedures after termination

If this Contract is terminated by either Party under clause 33.1 or 33.2, thenpromptly after the Termination Date the Contractor must:

(a) terminate all subcontracts, except those which are required by thePrincipal to be assigned or novated to it;

(b) deliver all Confidential Information and other documents relating tothe performance of the Services which are in the Contractor'scontrol to the Principal;

(c) leave the State Facilities (incuding Service Sites and Service SiteEquipment) in a clean and safe condition; and

(d) comply with all other reasonable requests of the Principal, includingin relation to those Contractor Obligations which survivetermination, such as the obligation to provide disengagementservices under clause 35.



34. STEP-IN

34.1 Right of Step-In

If:

(a) an Event of Default occurs;

(b) the Principal is permitted or required by Law to act to discharge astatutory power or duty; or

(c) the Contractor does not perform the Services (in whole or in part).

('Step-in Event')

the Principal or a nominee of the Principal may elect to:

(I) temporarily assume total or partial management and control ofwhole or any part of the Services; and/or

(ii) take such other steps as are necessary in the reasonable opinion ofthe Principal to deliver the Services and minimise the effect of theStep-in Event.

34.2 Suspension of Contractor's obligations

If the Principal has exercised its step-in rights in accordance with clause 34.1,the Contractor's obligations in accordance with the Contract will be suspendedfor the affected period but only to the extent necessary to enable the Principalto exercise those step-in rights.

34.3 Payments

Any Liability suffered or incurred by the Principal or any nominee of thePrincipal arising out of or in connection with the exercise by the Principal of itsstep-in rights in accordance with clauses 34.1(a), 34.1(b) (but only to theextent that the Principal's right to discharge the statutory power or duty aroseas a result of the Contractor's Event of Default), or 34.1(c), will be a debt dueand payable by the Contractor to the Principal within 20 Business Days orwritten demand.

34.4 Contractor to assist the Principal

The Contractor must provide the Principal with all necessary assistance in atimely manner to enable it to exercise its step-in rights in accordance withclause 34.1 effectively and expeditiously.



34.5 Acknowledgments

The Contractor agrees that the Principal will have no Liability to theContractor, and Contractor will not be entitled to make any Claim against thePrincipal in connection with the exercise by the Principal of its rights inaccordance with clause 34.1 except if:

(a) the Principal has acted fraudulently, in bad faith or with grossnegligence; or

(b) to the extent that this Contract expressly provides otherwise.

34.6 Power of attorney

The Contractor irrevocably:

(a) appoints the Principal, and the Principal's nominees from time totime, jointly and severally as the Contractor's attorney with fullpower and authority to exercise the Principal's rights in accordancewith this clause 34; and

(b) agrees to ratify and confirm whatever action is taken by the attorneyappointed by the Contractor.

34.7 Cessation of step-in rights

34.7.1 The Principal may, at any time, cease to exercise its rights inaccordance with this clause 34 on 5 Business Days notice to theContractor.

34.7.2 The Principal must cease to exercise its step-in rights on 5 BusinessDays notice to the Contractor where the relevant event is remediedor ceases.

34.7.3 If the Principal has ceased to exercise its step-in rights in accordancewith clauses 34.7.1 or 34.7.2, the Contractor must immediatelyrecommence performing any obligations suspended due to theexercise of such step-in rights.



35 DISENGAGEMENT ARRANGEMENTS

35.1 Disengagement Plan

35.1.1 The Contractor, at its own cost, must:

(a) prepare a Disengagement Plan in accordance with this clause;

(b) within 6 months of the Commencement Date, submit theproposed Disengagement Plan to the Principal for approval;

(c) review the Disengagement Plan approved by the Principalpursuant to this clause every 12 months after its approvaland submit, within 20 Business Days of the date for review,any amendments to that Disengagement Plan for approval bythe Principal.

35.1.2 The Disengagement Plan must specify the Contractor's estimate ofthe period of time likely to be required to Disengage and detail howthe Contractor proposes to address the following further matters onDisengagement:

(a) management of Persons in Custody, including any transitionalarrangements during the Disengagement Period;

(b) management, care and identification of both State Resourcesand Contractor Resources;

(c) delivery of documentation, materials, records and otherinformation;

(d) assignment of relevant contracts and Subcontracts;

(e) management and transfer of Contract Workers, including anytransitional arrangements during the Disengagement Period;

(f)

(g)

continuity of the Services; and

any other matters that the Principal requires to be addressed.

35.1.3 The Principal must review the Disengagement Plan submitted undersubclause 35.1.1(b) and any proposed amendment under (c), within28 Business Days of the date on which the Disengagement Plan oramendment was submitted for approval and either:

(a) approve the proposal, with or without amendment; or

(b) reject it.

35.1.4 If:

(a) the Principal does not approve a proposed DisengagementPlan or any proposed amendment to the Disengagement Plan,or approves it with specified amendments, the Contractormust submit to the Principal a revised proposal, provided thatif the Principal does not approve the revised proposalsubmitted by the Contractor with a further 28 Business Days;or



(b) the Contractor fails to provide a Disengagement Plan or arevised Disengagement Plan in accordance with subclause35.1.1(b) or (c),

then the Principal may itself prepare or review the DisengagementPlan (as the case may be) and the Principal's Disengagement Plan oramendments (as the case may be) will apply on Disengagement.The Contractor must, on demand by the Principal, pay the Principal'sreasonable costs and expenses incurred in the preparation of thePrincipal's Disengagement Plan.

35.2 Non-frustration of Disengagement

The Contractor must not do anything which directly or indirectly avoids, ormaterially prejudices or frustrates Disengagement.

35.3 Contractor's obligations on Disengagement

35.3.1 Upon request by the Principal, the Contractor must carry out itsobligations as set out in the current Disengagement Plan asdescribed in clause 35.1 and give assistance to the Principal intransferring responsibility for providing the Services to an alternativeservice provider.

35.3.2 To the extent requested by the Principal, the Contractor's obligationsunder clause 35.3.1 will include (but not be limited to):

(a) co-operating with the Principal and any alternative serviceprovider to ensure that there is a smooth and orderlytransition to the alternative service provider with nodisruption to the provision of the Services to the Principalor the Persons In Custody, other than as agreed in theDisengagement Plan;

(b) providing training in respect of the use of assets andoperating systems relevant to the provision of theServices including the provision of all relevant trainingmaterial;

(c) provide reasonable access to the Principal and ClientAgencies to Contract Workers and the books, records andother material kept by or on behalf of the Contractor inconnection with the Services and this Contract;

(d) handing over all information and material (including anylicence to use such material for the purpose of providingthe Services) used or produced in connection with or forthe purposes of delivering the Services but excluding anyinformation that the Contractor is required to retain bylaw (provided that a copy of such information is handedover);

(e) doing all such other things as the Contract Manager mayreasonably require to facilitate a seamless transition to analternative service provider;



(f)

(g)

35.4 Contract Workers

procure that any third party which owns or has an interestin any of the above, transfers and assigns the full,unencumbered ownership of and all its interests in thesame; and

returning to the Principal all State owned equipment andfacilitates which had been made available to theContractor to use in performing the Services.

35.4.1 The Contractor must use reasonable endeavours to ensure that theSuccessor Operator has access to the Contract Workers immediatelyafter the Principal notifies the Contractor that a Successor Operatorhas signed a contract with the Principal for the provision of theServices for the purposes of:

(a) receiving information in respect of the Services; and

(b) preparations by the Successor Operator for take up ofServices,

but only to the extent that any of the above does not undulyinterfere with the provision of the Services.

35.4.2 The Contractor must ensure that an appropriate number of ContractWorkers, having sufficient skills, qualifications and experience(having regard to the number, skills, qualifications and experience ofemployees required by the Contractor to provide the Services), areavailable to be employed by and/or seconded to the SuccessorOperator following the expiry or termination of the Operation Periodto enable the Successor Operator to provide the Services. TheContractor must assist the Principal or the Successor Operator forthat purpose:

(a) by releasing (without penalisation or hindrance), subjectto the Contractor being lawfully able to do so, those of theContract Workers as the Principal may nominate, from anycontract with the Contractor, so that the Principal or theSuccessor Operator may engage those persons if thosepersons are willing to be engaged; and

(b) by the preparation of job specifications, advertising andthe interesting of persons for recruitment.

35.4.3 The Contractor must provide to the Principal and the SuccessorOperator the employment records of those Contract Workerscurrently engaged by the Contractor in the provision of the Services.

35.4.4 The Contractor must provide training to the Successor Operator andthose of its staff to be engaged in the performance of the Services.



35.5 Third Party contracts and the supply of goods and services

The Contractor must, at the Principal's option:

(a) transfer or assign to the Principal or the Successor Operator (as thePrincipal may require) any contract of the Contractor with thirdparties relating to the Services, including Subcontracts and anyleases or other agreements under which Contractor Resources areheld or used, that are required by the Principal or the SuccessorOperator to perform the Services; and

(b) otherwise provide reasonable assistance to the Successor Operatorin securing the supply of goods and/or services to the extent thatsuch supply is necessary for the operation of all or any part of theperformance of the Services.

35.6 Transfer of Contractor Resources

The Contractor must, if directed by the Principal, promptly on the terminationor expiry of the Operation Period, transfer and deliver the ContractorResources, or that part of them as the Principal may require, to the Principalor the Principal's nominee (including the Successor Operator), free fromencumbrances, in that state of repair and condition that is in accordance withthe Contractor's Obligations.

35.7 Transfer Price

35.7.1 If the Contractor has transferred and delivered to the Principal or thePrincipal's nominee the Contractor Resources in accordance withclause 35.6, the Principal must pay, or procure that the Principal'snominee pays, to the Contractor that price for those ContractorResources:

(a) as agreed between the Contractor and the Principal; or

(b) failing agreement within 10 Business Days of that transferand delivery, as determined by an independent valuerappointed by the President of the Institute of ArbitratorsAustralia Western Australian Branch on the application ofeither Party.

35.7.2 The valuer referred to in subclause 35.7.1(a) will act as an expert notan arbitrator and the valuer's determination will be final and bindingon the Principal and the Contractor.

35.7.3 The Principal and the Contractor must each pay half of any costs of thevaluer referred to in subclause 35.7.1.

CONTRACT NO DC50402010 Page 98 of 289 JUNE 2011


36 INDEMNITY

36.1 Indemnity

The Contractor indemnifies and will keep indemnified the State of WesternAustralia, the Principal, Client Agencies and employees and officers of thePrincipal and Client Agencies (Indemnified Persons) against any Liabilityincurred in connection with any:

(a) breach by the Contractor of this Contract;

(b) tortious act or omission of the Contractor;

(c) strict liability attaching to acts or omissions of the Contractor;

(d) unlawful acts or omissions of the Contractor; or

(e) deliberate acts or omissions of the Contractor carried out with wilfuldisregard for the consequences;

provided that the Contractor's Liability will be reduced to the extent that anyLiability arises due to:

(I) a tortious act or omission of Indemnified Persons; or

(ii) a breach by the Principal or a Client Agency of this Contract.

36.2 Application of Civil Liability Act

(Interpretation): In this clause 36.2 only, "Legislation" means Part 1F ofthe Civil Liability Act 2002 (WA) and any equivalent statutory provision in anyother state or territory.

(Legislation excluded): The operation of the Legislation is excluded inrelation to all and any rights, obligations and Losses arising out of or inconnection with this Contract whether such rights, obligations or Losses aresought to be enforced as a breach of contract or claim in tort (includingnegligence), in equity or otherwise at Law.

(Contract specifies Liabilities): Without limiting the generality of thepreceding paragraph, it is further agreed that the rights, obligations andLosses of the parties (including those relating to proportionate liability) are asstated in this Contract and not otherwise whether such rights, obligations andLosses are sought to be enforced as a breach of contract or claim in tort(including negligence), in equity or otherwise at Law.

(Subcontracts): The Contractor must:

(a) include a term in each Subcontract that excludes the application ofthe Legislation in relation to all and any rights, obligations or Lossesof either Party in accordance with each Subcontract whether suchrights, obligations or Liabilities are sought to be enforced by a claimin contract, tort (including negligence), in equity or otherwise atLaw; and



(b) require each Subcontractor to include, in any further contract that itenters into with a third Party for performance of the Services, aterm that excludes the application of the Legislation in relation to alland any rights, obligations or Losses of either Party in accordancewith each further contract whether such rights, obligations orLiabilities are sought to be enforced by a claim in contract, tort(including negligence), in equity or otherwise at Law.

(Insurance): The Contractor must ensure that all Insurances required bythis Contract which cover third Party liability:

(a) cover the Contractor for potential Losses to the Principal assumedby reason of the exclusion of the Legislation; and

(b) do not exclude cover for any potential Losses the Contractor mayhave to the Principal in accordance with or by reason of thisContract.

36.3 Limitation of Liability

(a) General limitation of liabilitySubject to clause 36.3(c), the total maximum aggregate liability of oneparty to the other party under this Contract is the greater of:

(i) $50,000,000.00; and

(ii) the sum of the fees paid by the Principal to the Contractor ina Service Year during the Term. Where the amount paid bythe Principal varies between Service Years, the sum for thepurposes of this subclause will be the highest sum paid in aService Year during the Term.

(b) No liability for indirect lossSubject to clause 36.3(c), no party will have any liability to the otherparty or any other person for any Loss or liability arising from anyclaim whether in tort, contract or otherwise, in respect of loss of profit,income, business opportunity, goodwill or reputation, and any otherloss or liability which would fall within the second limb of lossesreferred to in Hadley v Baxendale (1854) 9 Ex 341.

(c) Exclusions to limitation of liabilityThe limitations of liability in clauses 36.3(a) and clause 36.3(b) do notapply to Loss in the following areas:

(I) any statutory fine levied against a party arising from anybreach of Law by the other party;

(ii) personal injury, sickness or death;

(iii) damage to property;

(iv) criminal acts of, fraudulent acts or omissions of, andfraudulent misrepresentation by, a party;

(v) wrongful acts committed by a party with a recklessindifference to the consequences;

(vi) wilful and intentional default by a party;



(vii) the abandonment of this Contract by the Contractor;

(viii) matters that cannot be excluded at Law;

(ix) a breach of confidentiality or privacy;

(x) infringement of Intellectual Property Rights;

(xi) exemplary or punitive damages;

(d) Losses reduced proportionatelyThe liability of a party ("1st Party") for Loss sustained by the otherparty ("2nd party") will be reduced proportionately to the extent thatsuch Loss has been caused by the 2nd Party.

(e) TerminationIf at any time during the Term the amount of damages payable by oneparty ("1st Party") to another party ("2nd Party") exceed the amountpayable under clause 36.3(a) then the 2nd Party may terminate theContract by giving written notice to the 1st Party.

(f) No limit on Principal's obligation to pay feesNothing in this clause 36.3 limits the obligation on the Principal to payany fee or charge properly payable by the Principal under this Contractin respect of Services previously provided in accordance with theService Requirements.



37 FORCE MAJEURE

37.1 Notice by Force Majeure Party

37.1.1 If by reason of an event of Force Majeure, a Force Majeure Party;

(a) is unable, wholly or in part, to undertake any or allobligations imposed on such Force Majeure Party underthis Contract; and

(b) gives written notice to the Non Affected Party of suchevent of Force Majeure and such affected obligations(with reasonable particulars of such affectedobligations),

then the obligations of the Force Majeure Party so affected will besuspended during, and the time for performance of such obligationsunder this Contract will be extended by, the period:

(c) commencing at the time such notice is given; and

(d) expiring when such event of Force Majeure ceases toprevent such Force Majeure Party from performing suchobligations.

37.1.2 The Contractor must, to the extent possible, continue to satisfy theContractor's Obligations during a Force Majeure Event.

37.2 Force Majeure Party will implement reasonable procedures

A Force Majeure Party must implement all reasonable procedures to remedy,or remove the event of Force Majeure and the effect of such event of ForceMajeure, as soon as practicable after its occurrence.

37.3 Force Majeure Party to keep Non-Affected Party advised ofdevelopments

Where a Force Majeure Party gives a notice under this clause, the ForceMajeure Party must, after the giving of a notice, and during the continuanceof such event of Force Majeure, at least every 3 Business Days (or suchlonger period as the Parties may reasonably agree), give notice to the NonAffected Party of:

(a) the extent to which the Force Majeure Party will be unable to perform,or be delayed in performing the obligation of the Force Majeure Party;and

(b) of any significant changes relative to such event of Force Majeuresince the Force Majeure Party gave its last notice to the Non AffectedParty.



37.4 Reduction in Monthly Payment

37.4.1 If the Force Majeure results in a reduction of Services providedunder this Contract, the Monthly Payment will be reduced byagreement between the Parties to reflect the reduction in theServices.

37.4.2 If agreement cannot be reached as to the reduction in theMonthly Payment, the provisions of clause 32 will apply.

37.5 Termination if Force Majeure continues

37.5.1 Notwithstanding any other provision in this Contract, where theContractor is a Force Majeure Party and if one or more events ofForce Majeure continues, or is reasonably likely to continue, for acontinuous period of 180 days (or such longer period as theparties may have previously agreed in writing), the Principal mayby notice to the Contractor terminate this Contract in whole or inpart.

37.5.2 The termination of this Contract will take effect upon the datestated in the notice given by the Principal.



38 REPRESENTATIONS AND WARRANTIES

38.1 Corporate representationsThe Contractor represents and warrants that:

(a) (Contract): the execution, delivery and performance of thisContract does not violate any Law, or any document or agreementto which it is a Party or which is binding on it or any of its assets;

(b) (valid and legally binding): this Contract constitutes a valid andlegally binding obligation on it in accordance with its terms;

(c) (not trustee): it is not the trustee or Responsible Entity (as thatterm is defined in the Corporations Act 2001 (Cth)) of any trust nordoes it hold any property subject to or impressed by any trust;

(d) (no material financial change): there has been no materialchange in the financial condition of the Contractor (since itsincorporation) which would prejudice the ability of the Contractorto perform its obligations in accordance with this Contract;

(e) (no commissions): in entering into this Contract no commissionhas been paid or has been agreed to be paid to any personemployed by the Government of Western Australia by theContractor or on the Contractor's behalf.

38.2 The Contractor's representationsThe Contractor represents and warrants that it:

(a) (informed itself): has informed itself as to the nature of theServices;

(b) (assessed risks): has assessed the risks which it is assuming inaccordance with this Contract;

(c) (own investigations): enters into this Contract based on its owninvestigations, interpretations, deductions, information anddeterminations; and

(d) (resources and expertise): has the resources and expertiserequired to perform the obligations imposed on the Contractor inaccordance with this Contract including to perform the Services inaccordance with this Contract.

38.3 Repetition of representations and warrantiesEach representation and warranty contained in this Contract:

(a) is made on the Commencement Date; and

(b) the representations and warranties contained in this clause will bedeemed to be repeated each day during the Term,

with reference to the facts and circumstances then subsisting.



38.4 Reliance on representations and warrantiesThe Contractor agrees that the Principal has relied on the representations andwarranties of the Contractor set out in this Contract in entering into thisContract.



39 GENERAL

39.1 Costs

39.1.1 Unless otherwise stated, the Contractor must provide the Servicesand comply with the Contractor's Obligations at the Contractor's cost.

39.1.2 The Principal and the Contactor must each pay their own legal andother costs in connection with the preparation and signing of thisContract.

39.2 Stamp Duty

The Contractor is solely responsible for, and must indemnify the Principalagainst, any stamp duty that is payable on or in relation to:

(a) this Contract; and

(b) any instrument or transaction that this document contemplates.

39.3 Approvals, consents, determinations or waivers

Subject to any express provision of this Contract, where any approval,consent, determination or waiver is required from or to be made by thePrincipal:

(a) the Contractor must obtain that approval, consent, determination orwaiver in writing; and

(b) the Principal may:

(i) grant or refuse that approval or consent, make thatdetermination or waiver, in the Principal's absolute discretion,without giving any reason for that grant or refusal or making;and

(ii) grant that approval or consent, or make that determination orwaiver, subject to any conditions the Principal may impose.

39.4 Authority to date

The Principal, and any employee or solicitor acting for the Principal, may datethis Contract.

39.5 Enforcement of indemnity

A Party need not incur expense or make payment before enforcing a right ofindemnity conferred by this Contract.



39.6 Ensure compliance by others

Where a provision of this Contract requires the Contractor to do a thing orprohibits the Contractor from doing a thing, or imposes on a Contract Workerany obligation, the Contractor must ensure that the Contract Workers, theSubcontractors and others over whom the Contractor exercises controlcomply with that provision or obligation.

39.7 Entire Contract

This Contract constitutes the entire agreement between the Parties andsupersedes any prior agreement between the Parties.

39.8 Publication of documents

This Contract or any part of it may be published in the Principal's absolutediscretion on a government Internet web site or in any other manner.

39.9 Exercise of Powers

39.9.1 A Party may exercise a Power at that Party's discretion, andseparately or concurrently with any other Power.

39.9.2 A single exercise of a Power, by a Party does not prevent afurther exercise of that, or of any other Power, by that Party.

39.9.3 If a Party fails to exercise, or delays in exercising, a Power, thatdoes not prevent its exercise.

39.9.4 Subject to any express provision in this Contract, the Powers of aParty under this Contract are cumulative, and are in addition toany other Powers of that Party.

39.10 Further assurances

Each Party will promptly, at that Party's expense, do any thing that the otherParty reasonably requires to effect, perfect or complete the provisions of thisContract.

39.11 Service of Notices

Every Notice:

(a) must be in writing and given in accordance with the following details,and where more than one person is specified under the details of aParty, then to every person at the address;

(b) must be signed by:

(i) in the case of the Contractor the Contractor'sRepresentative; and

(ii) in the case of the Principal the Contract Manager; and



(c) will be treated as having been given by the sender and received by orserved on the addressee:

(I) if by delivery in person when delivered to the addressee;

(ii) if posted by registered post within Australia to an addresswithin Australia on the day which is the third Business Dayafter the date of posting;

(iii) if posted by air mail registered post from a place withinAustralia to an address outside Australia or posted from aplace outside Australia to an address within Australia on thedate which is the eighth Business Day after the date ofposting; or

(iv) if by facsimile transmission on the date of transmissionwhere a transmission report is produced by the facsimilemachine by which the facsimile message was transmittedwhich indicates that the facsimile was transmitted in itsentirety to the facsimile number of the recipient. If thetransmission is on a day which is not a Business Day or isafter 4pm (addressee's time), it will be treated as havingbeen duly given on the succeeding Business Day.

39.12 Statutory powers

Nothing contained in or implied by this Contract has the effect of constraining,or placing any fetter on, any person, in exercising any such power and,statutory powers are cumulative and are in addition to, or in augmentation of,the rights contained in this Contract.

39.13 Survival

Nothing will release the Contractor from any of the Contractor's Obligationthat are expressed to survive, or by their nature, survive completion of theServices or the termination of this Contract, including all warranties andobligations of indemnity or confidentiality.

39.14 Variation and waiver

39.14.1 A provision of, or right created under, this Contract may not be:

(a) waived except in writing signed by the Party granting thewaiver; or

(b) varied except in writing signed by the Parties.

39.14.2 The waiver by a Party if a breach by another Party of any provisionof this Contract, does not operate as a waiver of another orcontinuing breach by that Party of the same, or any other,provision of this Contract.



39.15 Counterparts

(a) This Contract may be executed in any number of counterparts.

(b) All counterparts, taken together, constitute one instrument.

(c) A Party may execute this Contract by signing any counterpart.

39.16 Attorneys

Each attorney who executes this Contract acknowledges that, at the time ofexecuting this Contract, the attorney has received no notice of revocation ofthe power of attorney under which the attorney executes this Contract.



40 ASSIGNMENT

40.1 Assignment by the Contractor

Except as expressly permitted in accordance with this Contract the Contractormust not assign, mortgage, novate, charge or otherwise encumber thisContract, without the prior consent of the Principal and on such terms andconditions as are determined by the Principal.

40.2 Transfer by the Principal

The Principal may transfer this Contract to any other Department orinstrumentality of the Principal.



41. CHANGE IN CONTROL AND MANAGEMENT

41.1 Change in Control

41.1.1 The Contractor must not permit a Change in Control without theprior consent of the Principal.

41.1.2 If a Change in Control occurs due to the transfer of shares orother interests which are listed on a stock exchange, the consentof the Principal may be sought after the occurrence of theChange in Control, but if the consent of the Principal is notobtained, the Contractor must procure that the Controller ceasesto have the Control which resulted in the Change in Controlwithin 60 Business Days after receiving notice in accordance withparagraph 41.1.3 that the Principal does not consent to theChange in Control.

41.1.3 Any notice seeking the consent of the Principal to a Change inControl must include:

(a) the identity of each proposed Controller;

(b) the address of each proposed Controller;

(c) the extent and nature of the proposed Change in Control;and

(d) all other information necessary for the Principal todetermine:

(i) whether to consent to the Change in Control; or

(ii) the Probity Investigations (if any) the Principalwants to undertake.

41.1.4 (Principal response): The Principal must, within 20 Business Days,notify the Contractor whether:

(a) the Principal consents to the proposed Change in Control;

(b) the Principal does not consent to the proposed Change inControl (and the reasons for this); or

(c) the Principal needs to conduct a Probity Investigation inrespect of the Change in Control prior to making adetermination whether or not to consent to the Change inControl.

41.1.5 (Factors to consider): It will be reasonable for the Principal towithhold consent to a Change in Control if:

(a) the Controller is not solvent or reputable;

(b) the Controller has an interest which conflicts in a materialway with the interests of the Principal;

(c) the Controller does not have a sufficient level of financial,managerial and technical capacity to deliver the Services;



(d) the proposed change is against the public interest;

(e) the proposed change could lead to the occurrence of a ProbityEvent; or

(f) the proposed change would increase the potential Liability ofthe Principal.

41.2 Change in Management

An Event of Default will occur if a Change in Management of the Contractoroccurs and as a result the Contractor no longer has the same or bettermanagement team or skills available to it as it had prior to the Change inManagement.

For the purpose of this clause a "Change in Management" means a change in:

(a) the senior employees of the Contractor who carry out themanagement functions of the Contractor under this Contract; or

(b) the management of any other entity that provides managementfunctions to the Contractor relating to this Contract.



42. LOBBYISTSThe Contractor warrants and represents to the Principal that any "Lobbyist" (as thatterm is defined in Public Sector Commissioner's Circular 2009-13 "Public SectorCommissioner's Circular") which can be found at:

www.publicsector.wa.gov.au/AgencyResponsibilities/PSCCirculars

that it or any of its officers, employees, agents or sub-contractors has employed,engaged or has otherwise involved, directly or indirectly, in connection with thisContract, is duly registered as a "Lobbyist" in terms of that Public SectorCommissioner's Circular and has fully complied with its obligations under it.



43 PRIVACY43.1 The Contractor agrees to comply with its obligations (if any) under or

arising pursuant to the Privacy Act 1988 (Cth) to the extent relevant to thisContract.

43.2 The Contractor also agrees to comply with:

(a) such other Commonwealth, State or Territory legislation related toprivacy which is relevant to this Contract;

(b) any directions made by a Privacy Commissioner relevant to thisContract; and

(c) any other reasonable direction relating to privacy which is given by thePrincipal.

43.3 If the Contractor is exempt from compliance with the Privacy Act 1988 (Cth)because its annual turnover is less than the prescribed threshold, and if theContractor is not subject to an approved privacy code, the Contractor mustcomply with the National Privacy Principles set out in the Privacy Act 1988(Cth) as if it were required to comply with that legislation.



44 AUDITOR GENERALThe powers and duties of the Auditor General are not limited or otherwise affectedby the terms and conditions of this Contract.

The Contractor must allow the Auditor General, or an authorised representative ofthe Auditor General, to have access to and examine the Contractor's Recordsconcerning this Contract.



45 INFORMATION TECHNOLOGY

45.1 The Contractor must maintain information and communications technologysoftware and infrastructure for the Services ("Contractor's System") thathas the capacity to undertake all functions necessary for the performance ofthe Contractor's obligations under this Contract.

45.2 The Contractor must comply with the Principal's instructions regarding theexchange of electronic information to and from the Contractor and anyClient Agency including any instructions regarding file specifications andencryption.

45.3 The Contractor must keep current the Contractor's System, which must bebased upon equipment and software that is currently available in theinformation and communications technology market and is supported by themanufacturer or its agents of such equipment and software.

In particular:

(a) the Contractor must maintain suitable telecommunications andInternet based technologies to enable the secure and reliableexchange of data;

(b) the Contractor must maintain suitable firewall technologies used toprotect against intrusion, attacks and loss or theft of Information;and

(c) where the Contractor's System involves dial-up access, theContractor must maintain suitable protection to separate the dial-upinfrastructure from the technical infrastructure that is used to hostdata.

45.4 The Contractor must maintain a suitable environment for the Contractor'sSystem in accordance with applicable elements of AS2834:1995 forComputer Accommodation. The Contractor must maintain an environmentwhich, at minimum, complies with the following provisions of AS2834:1995:

(a) maintenance of an operating temperature range between 18C and26C and operating relative humidity range between 40% and 60%humidity;

(b) maintenance of power quality requirements including power surgeprotection systems that protect against voltage disturbances; and

(c) maintenance of stand-by and emergency power backupsystems/Uninterruptible Power Supply.

45.5 The Contractor must prepare backup copies of data every 24 hours andretain backup copies for a minimum of twenty (20) Business Days.

45.6 The Contractor must store backup copies at a secure location offsite to theContractor's main processing location and the Contractor must advise thePrincipal of the current address together with a description of the offsitelocation.

45.7 The Contractor must prepare and retain end of month backup copies ofInformation for a period of twelve (12) months.

45.8 The Principal acting reasonably reserves the right to request the Contractorto amend its Information storage and backup procedures from time to timeby notice in writing to the Contractor.



45.9 The Contractor must maintain the Contractor's System in proper workingorder.

45.10 The Contractor must promptly notify the Principal of any material failure,fault or downtime in the Contractor's System.

45.11 The Contractor must promptly reconstruct data which is lost or destroyed asa result of any failure, fault or downtime of the Contractor's System at theContractor's cost.

45.12

45.13

45.14

In the event of complete or material failure for more than five (5) BusinessDays of the Contractor's System, the Contractor must implement theDisaster Recovery Plan to continue business operations within five (5)Business Days from the date of the disaster occurring.

The Contractor acknowledges that the Client Agencies may make changes totheir information technology system which may require changes to theContractor's System. In the event that the Contractor's System requireschanges, the Contractor must:

(a) bear all costs arising from such changes; and

(b) ensure that after such changes, the Contractor's System continues tosatisfy the requirements of this Contract.

To the extent to which the Contractor has, or ought reasonably to haveknowledge, the Contractor warrants that programs used on the Contractor'sSystem are free of inaccuracies, defects or errors.

45.15 The Contractor must maintain up-to-date anti-virus software and ensurethat virus updates are updated on a daily basis.

45.16 The Contractor must ensure that all data transmitted to a Client Agencyusing e-mail, exchange of disks or any other method of electronic transfermust be scanned for computer viruses prior to being dispatched to therespective Client Agency using fully current virus checking software and ifany virus is detected, the Contractor must remove all viruses.

45.17 The Contractor must comply with the data exchange procedures asdetermined by the respective Client Agency from time to time.

45.18 Notwithstanding any disclaimer which may be made by the Contractor inrespect of viruses, the Contractor agrees to pay on full indemnity basis anycosts incurred by the Principal or a Client Agency, arising from, or inconnection with, any virus transmitted by the Contractor.

45.19 No data may be transmitted outside of Australia without the Principal's priorwritten consent.

45.20 The Principal shall have unrestricted access to its data that is held insystems, or on back-ups, or through third party hosting arrangementsentered into by the Contractor. Where the Principal's data is stored inlocations other than the Contractor's premises, and unless an arrangementis reached between the Principal the Contractor whereby the Contractor willtransfer the data at scheduled regular intervals to the Principal's nominatedfile server location, the Contractor must ensure such access by means of atripartite agreement between the Contractor, the lessor/sub-lessor (or otherrelevant party) and the Principal. Any tripartite agreement shall provide forthe parties agreeing that such data shall be made available to the Principalon the terms set out in the tripartite agreement, in the event that theContractor defaults.



46 CHANGE OF LAW

46.1 As soon as the Contractor is aware of a Change of Law that may result in aChange of Law Variation, (and prior to the Change of Law taking effect if askilled, diligent and experienced contractor engaged in similar undertakingsas the Contractor in Australia would be aware of the Change of Law prior toit taking effect), the Contractor must promptly give to the Principal aChange of Law Notice.

46.2 A Change of Law Notice must be in writing and set out:

(a) full details of the Change of Law and the possible Change of LawVariation;

(b) any change in the cost of providing the Services that may result inperforming the Change of Law Variation, including the MonthlyService Payment; and

(c) the obligations under this Contract that the Contractor would notbe able to comply with (if any) if the Contractor did not give effectto the Change of Law Variation (including any part of theContractor's Obligations or the Services which would be prohibitedas a consequence of the Change of Law).

46.3 On receipt of a Change of Law Notice, and without limiting the Contractor'sobligation to comply with all Laws, the Principal may, subject to clause 46.4,by notice to the Contractor, advise the Contractor as to its preferredmethod for the Contractor to address the Change of Law (which may or maynot implement the Change of Law Variation). The effect of the Principal'sadvice will be determined as if it were a Variation Order under clause 47.

46.4 If the Principal Disputes any aspect of the Change of Law Notice, includingthat a Change of Law has occurred, the Principal must notify the Contractorand the parties must meet to resolve the Dispute. If the parties have notresolved the Dispute within 10 Business Days of the Principal notifying theContractor of the Dispute, either party may refer the Dispute for resolutionunder clause 32.4.

46.5 If the Contractor does not agree that implementing the Principal's advicewill allow the Contractor to comply with the Law, the Contractor may referthe matter for resolution under clause 32.4.

46.6 If the Contractor does not follow the Principal's advice or refer the matterfor resolution in accordance with clause 32.4, the limit of the Contractor'sentitlement against the Principal arising out of the Change of Law is theamount that the Contractor would have been entitled to recover had theContractor implemented the Principal's advice given under clause 46.3.

46.7 Without limiting any express right in respect of change of law (including aChange of Law) conferred under this Contract, the Contractor's rights inrelation to a Change of Law Variation are the Contractor's sole remedy inrespect of any change of law (including a Change of Law).



47 ADD OR REMOVE SERVICES

47.1 Variations by the Principal

The Principal may, by giving notice in writing to the Contractor at any timeduring the Operating Period, direct the Contractor to vary the Services byexpanding or reducing the scope or volume outside of those provided for inthis Contract of the Services (or any part of them), by the inclusion of a newservice (provided that new service is in the nature of the servicescontemplated by the CS&CS Act) or by imposing higher or stricter standardsor measures for performance of the Services (a Variation Notice).

47.2 Contractor to comply

The Contractor must comply with a Variation Notice given under clause 47.1and either:

(a) commence to perform any such varied or additional Services as soonas reasonably practicable after receipt of the Variation Notice, takinginto account the nature of the variation and any arrangementsrequired to be made by the Contractor to provide such varied oradditional Services; or

(b) cease to provide any Services as directed by a Variation Notice, fromthe date of receipt of the Variation Notice or other later date specifiedin it.

47.3 Price for variation

47.3.1

47.3.2


Where the Principal has given a Variation Notice to theContractor and the Principal or the Contractor considers (actingreasonably) that the direction to vary the Services will result ina material increase or a material decrease in the cost to theContractor in providing the varied Services as determined inaccordance with subclause 47.3.4, the Principal or theContractor (as the case may be) may give a notice to the otherParty requesting an adjustment to the Price and setting out fulldetails of why that Party considers that the variation of theServices will result in such material increase or materialdecrease (as the case may be) (Price Adjustment Notice). APrice Adjustment Notice given by:

(a) the Principal, must be given at the same time as theVariation Notice is given; and

(b) the Contractor, must be given to the Principal within 10Business Days after receipt of the Variation Notice.

Following a Party's receipt of a Price Adjustment Notice givenby the other Party, the Parties must negotiate in good faith witha view to agreeing a reasonable adjustment to the Price to takeinto account the increased costs or decreased costs (as thecase may be) of providing the Services as varied under thisclause 47.



47.3.3

47.3.4

If the Parties cannot agree an adjustment to the Price within20 Business Days after receipt of a Price Adjustment Notice andthe Principal has not withdrawn the direction to vary theServices within that period, then the variation to the Price willbe determined in accordance with subclause 47.3.5.

For the purposes of subclause 47.3.1 there will be a materialincrease or decrease in the cost to the Contractor in providingthe Services where the variation to the Services results in acost increase or decrease of $10,000 or more. Where one ormore variations to the Services in the same Operation Yearresult in a cost increase or decrease of less than $10,000 eachbut, when aggregated, result in a total cost increase ordecrease of $10,000 or more in any financial year, thosevariations may be aggregated and will be deemed together toresult in a material increase or decrease for the purpose ofsubclause (a). In determining whether a cost increase ordecrease is equal to $10,000 or more:

(a) the netting effect of cost increases and decreasesresulting from different variations in the financial yearwill be taken into account; and

(b) any variation in the same financial year which haspreviously resulted in a variation to the price will notbe taken into account.

47.3.5 If the Parties are unable to agree on the variation to the Price,the parties will submit to the following procedure:

(a) the parties must choose and appoint an independentexpert;

(b) in the absence of agreement by the parties as to theindependent expert within 5 Business Days of notice ofa dispute, the independent expert will be appointed onthe application of any Party by the President of theInstitute of Arbitrators Australia;

(c) the independent expert must make a determination orfinding on the issues in dispute as soon as practicableand in any event within 15 Business Days, or suchlonger period as may be agreed between the parties;

(d) the independent expert will act as an expert and notas an arbitrator and may adopt such procedures as heor she sees fit subject to any provisions to thecontrary in this Agreement;

(e) the independent expert's decision will be final andbinding on the parties; and

(f)


the costs of the independent expert will be borne bythe parties equally or as the independent expert mayotherwise determine and each Party will bear its owncosts relating to the independent expert's decision.



48 PERFORMANCE IMPROVEMENT NOTICES

48.1 Issuance of a Performance Improvement Notice

If the Principal assesses that the Contractor has breached its obligation inthe Contract or has failed to perform any element of the Services or theTransition Services in the manner or in accordance with the ServiceRequirements, the Principal may request the Contractor to improve itsperformance of the Services or the Transition Services, including byimplementing a better or alternative method of performing the Services(Performance Improvement Notices).

The occurrence of any of the following events may result in the Principalissuing a Performance Improvement Notice to the Contractor:

(a) (Specified Events and Performance Failure) One or moreSpecified Events and/or Performance Failure occurs which results inabatements to the Monthly Service Payments:

(i) of more than 3.5% of the aggregate Monthly Service Paymentfor any 2 consecutive Operating Months; or

(ii) of more than 3% of the aggregate Monthly Service Paymentfor any 2 Operating Months within any 6 consecutiveOperating Months; or

(b) (excessive Abatement Points) The Contractor incurs more than:

(i) 700 Abatement Points in any three consecutive OperatingMonths; or

(ii) 350 Abatement Points in any Operating Month; or

(c) the Principal assesses that the Contractor has persistently failed toperform any element of the Services or the Transition Services in themanner or in accordance with the Service Requirements and/or theproject objectives.

48.2 Requirements for a Performance Improvement Notice

Each Performance Improvement Notice:

(a) must specify the Contractor's breach or failure;

(b) must outline the nature of the improvement being requested, whataction or outcome the Principal reasonably considers may berequired from the Contractor in respect of the Services and thepreferred time frame for the Contractor to complete any actions orachieve the outcome required,

provided that the Contractor must be given at least 7 Business Days torespond in writing to the Performance Improvement Notice issued by thePrincipal.



48.3 Additional Requirements for a Performance Improvement Notice

The Principal may also require the Contractor to:

(a) provide further information in respect of its performance of therelevant Services, within timeframes specified by the Principal;

(b) meet with the Principal to discuss the Performance ImprovementNotice, within the timeframes specified by the Principal;

(c) submit to the Principal within 10 Business Days of receipt of aPerformance Improvement Notice, or as otherwise agreed betweenthe Principal and the Contractor, a Rectification Plan in form andsubstance reasonably acceptable to the Principal; and

The Rectification Plan must contain full details of all steps which theContractor is taking, or proposes to take, in order to prevent areoccurrence of the event(s) that resulted in the Principal issuing thePerformance Improvement Notice.

(d) implement and diligently comply with the Rectification Plan, for solong as is required for the Contractor to complete the agreed actionsand/or achieve the outcomes set out in the Rectification Plan.

48.4 Response to a Performance Improvement Notice

The Contractor must respond to, and fully comply with, each PerformanceImprovement Notice and any failure by the Contractor to do so will result inthe deduction of the Abatement Level specified in KPI 10 and 11 in Schedule1 and the Principal may issue a 'second' Performance Improvement Noticewarning the Contractor that a repeat failure of the PerformanceImprovement Notice may in the Principal's discretion be deemed to be anunremediable Event of Default resulting in the Principal terminating theContract.



49 INNOVATION AND SAVINGS SHARING

49.1 Innovation Scheme

Where the Contractor proposes to implement:

(a) a new or varied system or procedure;

(b) a new or varied technology;

in connection with the Services which has the effect, or potential effect, of:

(I) improving the effectiveness of the Services; and/or

(ii) improving the efficiency of the Services and thereby permitting adecrease to the Monthly Service Payment,

(an Innovation) the Contractor may lodge an Innovation Application inaccordance with this clause.

For the purpose of this clause an Innovation does not include any matter orthing which the Contractor shall perform or undertake pursuant to anotherclause of the Contract.

49.2 Innovation Application

The Contractor's Innovation Application must:

(a) detail the nature of the Innovation; and

(b) incorporate a business case which demonstrates how the Innovationwill satisfy the requirements described above (Innovation Scheme).

The Principal must consider each Innovation Application from the Contractorand determine whether or not to approve the Innovation Application. Anyapproval by the Principal must identify any specific conditions or requirementswhich must be satisfied before the Innovation Savings will be shared. Thedetermination as to whether or not to approve the Innovation Application willbe at the absolute discretion of the Principal, including assessing criticalfactors such as risk to the Principal (and/or Client Agencies) and any new orvaried operating procedures proposal, specifically in the wake of an incident.The Innovation Savings will be shared equally between the Parties unlessotherwise agreed.

The Principal must notify the Contractor of its determination within 3 monthsafter receipt of the Innovation Application.

If the Principal approves the Innovation Application the Contractor mustproceed to implement the Innovation in accordance with the proposalcontained in its Innovation Application and any conditions and requirementsof the Principal specified in the Principal's approval.



49.3 Payment of Innovation Savings Sharing

The Contractor's invoice/adjustment note must demonstrate that:

(a) each Innovation has been fully implemented in accordance with theContractor's Innovation Application;

(b) the Innovation has been tested and proven as meeting the objectivesset out in clause 49.1 above (Innovation Scheme) and the objectivesset out in the Innovation Application; and

(c) any conditions or requirements set out in the Principal's approval havebeen satisfied.

Within one month after the Principal's approval of the Innovation Application,the Contractor may make an adjustment to the Monthly Invoice in respect ofthe Innovation Savings Sharing in respect of all approved Innovations. TheContractor's adjustment note must demonstrate that:

(d) each Innovation has been fully implemented in accordance with theContractor's Innovation Application;

(e) the Innovation has been tested and proven as meeting the objectivesset out in clause 49.1 above and the objectives set out in theInnovation Application; and

(f) any conditions or requirements set out in the Principal's approval havebeen satisfied.

All Intellectual Property Rights in any Innovation developed and implementedin accordance with this clause are to be vested in and the property of theContractor and, subject to below, the Contractor grants to the Principal anirrevocable, non-exclusive, transferable licence (with the right to sub-license)to use and apply the Innovation in perpetuity.

Where the Contractor can demonstrate to the reasonable satisfaction of thePrincipal that the Intellectual Property Rights of the Innovation were pre-existing and that the Innovation has application to other operations of theContractor the Intellectual Property Rights are to be vested in and theproperty of the Contractor and the Contractor grants the Principal anirrevocable, non-exclusive, transferable licence (with the right to sub-license)to use and apply the Innovation with effect from the date of sharing theInnovation Savings in respect of that Innovation until the date that is 12months after the termination or expiry of this Contract.

49.4 Cost Savings

Where by its day to day performance of the systems and procedures toprovide the Services, the Contractor, other than by an Innovation:

(i) improves the effectiveness of the Services; and/or

(ii) improves the efficiency of the Services; and

(iii) thereby materially and permanently reduces the cost ofperformance of the Services to the Contractor,



(a Cost Saving),

the Contractor must lodge a Savings Notification in accordance with thisclause.

49.5 Savings Notification

The Contractor's Savings Notification must:

(a) detail the nature of the Cost Saving; and

(b) quantify the amount of the Cost Saving.

The Cost Saving will be shared 30% as to the Contractor and 70% as to thePrincipal, unless otherwise agreed.

49.6 Payment of Cost Saving

Within one month after the lodgement of the Savings Notification, theContractor must make an adjustment to the Monthly Invoice in respect of theSavings Notification.



Executed as a Contract

Signed for and on behalf of the State ofWestern Australia by Heather Harker,Acting Commissioner of the Department ofCorrective Services in the presence of:

2-61.1,c

Signature of Witness

i A /I c'tr,-S-

Name of Witness in full

I 41

Date

Signed for and on behalf of Serco AustraliaPty Limited (ABN 44 003 677 352) by PaulMahoney, Managing Director, CivilGovernment (Serco Asia Pacific) in thepresence of:



Date


OYU-PAX/AO-1Signature

Signature



Executed as a Contract

Signed for and on behalf of the State ofWestern Australia by Heather Harker,Acting Commissioner of the Department ofCorrective Services in the presence of:



Date

Signed for and on behalf of Serco AustraliaPty Limited (ABN 44 003 677 352) by PaulMahoney, Managing Director, CivilGovernment (Serco Asia Pacific) in thepresence of:

Signature


pc4Lfrevu vastA-xr-_


'NE 20

Date




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Court Security and Custodial Services Schedule 1 Specified Events

SCHEDULE 1: SPECIFIED EVENTS

1. Introduction

The Contractor must deliver the Services in accordance with the Contract.

This Schedule 1 sets out the Specified Events which shall be applied to assess theContractor's performance against its obligations as set out in the Contract and inparticular the Service Requirements thereto and the Abatement Level applicable to eachSpecified Event.

In exercising the Principal's discretion as to whether or not the Abatement Level applies toa Specified Event the Principal's intention is not to unreasonably penalise the Contractor,rather to encourage the Contractor to deliver high level of services in a responsive andinnovative manner to achieve quality outcomes for the State, the Judiciary, the justicesystem or the community by:

(a) Exercising a high level of duty of care in an ethical and humane manner; and

(b) Treating all persons fairly and with respect for the inherent dignity of the humanperson, having due consideration to differing, individual and cultural needs.

(c) Delivering progressive service solutions in an effective, flexible manner with regard toalternative delivery methods

In making any determination as to whether or not the Abatement Level should apply thePrincipal will not act unreasonably and will take into account all of the mitigation factorsset out in clause 4 of this Schedule.

2. Definitions

The following defined terms apply to this Schedule. Where there is any inconsistencybetween the definitions in this Schedule and the Contract, the meanings in the Contractshall prevail. Capitalised terms which are not defined below bear the meaning given tothose terms in the Contract or the Service Requirements.

Abatement Level means the amount in dollars of abatement in respect of a SpecifiedEvent.

Abatement Waive Period has the meaning given in clause 5.1 of Schedule 2.

Indexation Adjustment (IA) has the meaning specified in clause 4 of Schedule 3.

Multiplication Factor has the meaning given in clause 7 of this Schedule.

Performance Improvement Notice means a written notice by the Principal requestingthe Contractor to improve its performance of a Service as specified in clause 48 of theContract.

Permanent disability refers to the degree of permanent non-fatal injury. It applies toany injury that results in the loss, or complete loss of use, of any part of the body, or anypermanent impairment of functions of the body or a part thereof.

Performance Failures has the meaning given in Schedule 2.

Rectification Plan has the meaning given in clause 48.3 of the Contract.



Specified Event means an event classified as a "Specified Event" in clause 6 of thisSchedule.

3. Specified Event Monitoring and Reporting Method

The Contractor shall monitor and report on the delivery of the Services using themethod set out in the endorsed Operating Manual or such other method approvedby the Principal. The minimum monitoring methods required for each SpecifiedEvent is set out below:

Monitoring Method1

2

Contractor self monitoring and reporting via the [name of Contractor'smonitoring and reporting method as described in the Operating Manual] orother appropriate method.Reviews, monitoring and reporting by the Principal, statutory bodies orthird party audit.

4. Specified Event Assessment Method

In exercising its discretion as to whether the Contractor is subject to theAbatement Level applicable to a Specified Event, or part thereof, the Principal shalltake account the extent that the:

(a) Contractor is able to demonstrate to the satisfaction of the Principal that allreasonable endeavors were taken by the Contractor to prevent the SpecifiedEvent from occurring;

(b) Contractor is able to demonstrate mitigating circumstances by providing areport or explanation to the Principal in relation to any factrelevant to the occurrence of the Specified Event;

(c) Contractor is able to demonstrate to the satisfaction of the Principal actingreasonably that the Contractor's actions (or non-actions) did not contribute tothe Specified Event occurring;

(d) Specified Event is a consequence of a breach by the Principal of its obligationunder the Contract;

(e) Specified Event is a consequence of the negligent acts or omissions of thePrincipal, a Client Agency or any of their respective officers, employees, agentsor consultants;

(f) Specified Event is a consequence of acting on the instructions of the Principal,including restriction imposed on the Contractor by the Principal; or

(g) Specified Event is a consequence of any event of Force Majeure provided thatthe Contractor meets its obligations in attempting to overcome that event ofForce Majeure.

5. Abatement Level

An Abatement Level (expressed as a specified dollar value) applies where aSpecified Event has occurred, subject to clause 4 of this Schedule.

Abatement Levels (and any other dollar amounts specified in this Schedule) will beindexed on each anniversary of a Service Year over the Term by applying theIndexation Adjustment.



The Abatement Level applicable to each Specified Event is set out in clause 6 ofthis Schedule.

5.1 Abatement Waive Period

The Abatement Waive Period does not apply to Specified Events.

The triggers for a Performance Improvement Notice will be in effect in respect ofTransition Services.

5.2 Overlap of Failures

If an Incident occurs which is a Specified Event and a Performance Failure, then thenext Monthly Service Payment will be reduced by the Abatement Level applicable tothe Specified Event and any Abatement Points applicable to Performance Failureswill not be applied.

If an Incident occurs and is determined as more than one Specified Event then thenext Monthly Service Payment will be reduced by the higher applicable AbatementLevel for that Incident.

5.3 Specified Event Disputes

If there is a dispute between the Contractor and the Principal as to whether aSpecified Event has occurred, either Party may refer the matter for disputeresolution in accordance with clause 32 of the Contract. Until the Contractor andPrincipal otherwise agree or a determination is made in accordance with thedispute resolution process, the occurrence of the relevant Specified Event shall bedetermined by the Principal and the Contractor shall ensure that suchdetermination is reflected in the relevant Monthly Invoice. If, following resolutionof the dispute under clause 32 an adjustment is agreed or determined in respect ofthe alleged Specified Event, then that adjustment will be added to or deductedfrom (as the case may be) the next Monthly Service Payment after that agreementis reached or that determination is made (as the case may be).

6. Specified Events

No. Specified Event Abatement Level1 The death of a Person in Custody caused or materially

contributed to by a breach of the Contractor'sObligations.

$500,000 perdeath in custody.

2 The Escape of a Person in Custody.

An Escape of an Unsecure Person in Custody includesa bailee who is subject to a surety bail or custodialorder, who absents themselves.

Whether or not an Escape has occurred will depend on

For Court Securityand CustodyServices:

$100,000 perSecure Personin Custodyescape.



No. Specified Event Abatement Levelthe responsibilities of the Contractor and the facts ofthe individual circumstances. The Principal will actreasonably in making any determination.

For MovementServices:

$100,000 perSecure Personin Custodyescape from asecureenvironment;and$30,000 perSecure Personin Custodyescape from anunsecureenvironment.

$5,000 perUnsecure Person inCustody escape.

Capped at$500,000 perIncident.

3A serious loss of control of a Person in Custody or afacility for which the Contractor required externalassistance to regain control.

$100,000 perIncident.

4

The unauthorised release of a Person in Custody priorto the expiration of a term of imprisonment or incontravention of an order issued by a court or otherlawful authority.

Unauthorised release includes a release in error,where a Person in Custody has been released fromcustody as a result of an administrative error notmaterially caused due to errors by a Client Agency.

Unauthorised release of an Unsecured Person inCustody includes a bailee who is not subject to asurety bail or custodial order who is required toremain in the court pending completion of courtpapers.

$30,000 perSecure Person inCustodyunauthorisedrelease.$2,500Unsecure Person inCustodyunauthorisedrelease.

5 A Person in Custody inflicts self-harm resulting ina permanent disability and the Incident was caused ormaterially contributed to by a breach of theContractor's Obligation.

For the purpose of determining the applicableAbatement Level for this Specified Event a 'serious'permanent disability Incident means a loss or at leasta 50% impairment in respect of any of the following:(a) sense of taste and smell;(b) arm at, above or below elbow;(c) both hands;(d) hand and foot;(e) hand or thumb or 4 fingers;(f) leg at, above or below knee;(g) foot;

The AbatementLevel is $25,000per non-seriouspermanentdisability Incident.

The AbatementLevel is $100,000per seriouspermanentdisability Incident.



No. Specified Event Abatement Level(h) both feet;(i) back (thoracic spine or lumbar spine or both);(j) neck (including cervical spine)(k) bodily (including facial) scarring or disfigurement;(I) genitals; and(m) mental capacity

A 'non-serious' permanent disability Incident means apermanent disability Incident other than a 'serious'permanent disability Incident.

For a 'serious' permanent disability Incident:(i) If the nature of injury is determined in the

Operating Month that the Incident occurred, thenthe Abatement Level will be the applicableamount;

(ii) If the nature of injury is not determined in theOperating Month that the Incident occurred, then:

An Abatement Level of $25,000 (indexed inaccordance with the Indexation Adjustment)will apply in the Operating Month that theIncident occurred; andAn adjustment made in the Operating Monththat the nature of injury is determined;

(iii) If the nature of injury is not determined on orbefore the expiry of the Term, or the date oftermination, then no adjustment will beapplicable and the total Abatement Level will be$25,000 (indexed in accordance with theIndexation Adjustment).

6 A Person in Custody inflicts injury on a person whichresults in a permanent disability and the Incident wascaused or materially contributed to by a breach of theContractor's Obligation.

For the purpose of determining the applicableAbatement Level for this Specified Event a 'serious'permanent disability Incident means a loss or at leasta 50% impairment in respect of any of the following:(a) sense of taste and smell;(b) arm at, above or below elbow;(c) both hands;(d) hand and foot;(e) hand or thumb or 4 fingers;(f) leg at, above or below knee;(g) foot;(h) both feet;(i) back (thoracic spine or lumbar spine or both);(j) neck (including cervical spine)(k) bodily (including facial) scarring or disfigurement;(I) genitals; and(m) mental capacity.

Anon- serious' permanent disability Incident means apermanent disability Incident other than a 'serious'permanent disability Incident.

For a 'serious' permanent disability Incident:(i) If the nature of injury is determined in the

Operating Month that the Incident occurred, then

The AbatementLevel is $25,000per non-seriouspermanentdisability Incident.

The AbatementLevel is $100000per seriouspermanentdisability Incident.



No. Specified Event Abatement Levelthe Abatement Level will be the applicableamount;

(ii) If the nature of injury is not determined in theOperating Month that the Incident occurred, then:

An Abatement Level of $25,000 (indexed inaccordance with the Indexation Adjustment)will apply in the Operating Month that theIncident occurred andAn adjustment made in the Operating Monththat the nature of injury is determined;

(iii) If the nature of injury is not determined on orbefore the expiry of the Term, or the date oftermination, then no adjustment will be applicableand the total Abatement Level will be $25,000(indexed in accordance with the IndexationAdjustment).

7 A Person in Custody inflicts injury on a person whichresults in a death caused or materially contributed toby a breach of the Contractor's Obligation.

$500,000 perdeath.

8 A failure to provide a Service which leads to:

(a) a Transition Service milestone not beingsuccessfully completed as per the requirementsand timeframes specified in the Transition Plan;

(b) a court sitting being cancelled for the day, withthe determination made by the Judicial Officer;

(c) a court building being closed for the day, with thedetermination made by a Judicial Officer, or theCourt's managing DotAG's officer;

(d) a Service or Additional Service being rescheduledwith a Client Agency completing the Service;

(e) a Court or Tribunal determined as being unable toproceed as intended, resulting in a majordisruption to court proceedings, with thedetermination made by a Judicial Officer or theDirector Court Security;

(f) a failure by the Contractor to receive into custody,a person at the designated time, in accordancewith the Service Requirements;

(g) a scheduled movement being cancelled or whichneeds to be rescheduled by the Principal and/or athird party to another day or to a 'new'appointment time on the same day;

(h) a scheduled appointment for a Person in Custodybeing cancelled or which needs to be rescheduledby the Principal and/or a third party to anotherday or to a 'new' appointment time on the sameday;

$5,000 perIncident.



No. Specified Event Abatement Level(i) an unscheduled Hospital Sit being undertaken by

the Principal for more than 1 hour after theHospital Sit should have been undertaken by theContractor if the Contractor had complied with theService Requirements, provided that theunscheduled Hospital Sit falls within the HospitalsSits per day in accordance with ServiceRequirements; or

(j) A scheduled Hospital Sit being cancelled or whichneeds to be completed by the Principal; or

(k) a Person in Custody attending a funeral beingunable to be in attendance at the funeral(includes ceremony and burial) for less than halfthe intended time; or

(I) a Person in Custody not being cleared from adesignated Lock Up (hub) location 4 hours afterthe Person in Custody should have been cleared ifthe Contractor had complied with the ServiceRequirements; or

(m) a Person in Custody not being cleared from anagreed regional site (for the purpose of a Lock Upclearance service) 1 hour after the time agreedbetween a Client Agency and the Contractor.

9 A serious failure to perform the Services in aresponsive and innovative manner to achieve qualityoutcomes for the Principal, the Judiciary, the justicesystem or the community:(a) safely;(b) by exercising a high level of duty of care in an

ethical and humane manner;(c) in accordance with the standards and level of

care, skill, knowledge and judgment required orreasonably expected under Best Industry Practice;

(d) by treating all persons fairly and with respect forthe inherent dignity of the human person, havingdue consideration to differing, individual andcultural needs.

$50,000 per

10 A failure to respond in writing to a PerformanceImprovement Notice in accordance with therequirements set out in clause 48.2 of the Contract.

$25,000 perfailure.

11 A failure to comply with the agreed actions and/orachieve the agreed outcomes set out in thePerformance Improvement Notice or the RectificationPlan or any other arrangement as agreed by thePrincipal set out in clause 48.3 of the Contract.

$25,000 perfailure.

7 Specified Event Multiplication Factor

Where the Contractor has not taken appropriate steps to prevent a reoccurrence aSpecified Event that occurs on multiple occasions over a defined period will attracta Multiplication Factor.

The Multiplication Factor is only applicable to the Specified Events identified in theSpecified Event Multiplier Table and in respect of an Incident of the same typeoccurring on multiple occasions within a rolling 6 month period.



(a) In these situations the Abatement Level will be increased by applying therelevant Multiplication Factor.

(b) The Multiplication Factor cannot be applied to the same Incident more thanonce.

(c) The Multiplication Factor is determined by the frequency of occurrence asshown in the Specified Event Multiplier Table.

Specified Event Multiplier Table

Applicable to Specified Events 3, 4, 5, 6, 7, 8, 9, 10, 11

Frequency of occurrence Multiplication FactorThe same type of Incident within the Specified Eventoccurs 3 times within 6 consecutive Operating Months 1.5

The same type of Incident within the Specified Eventoccurs 4 times within 6 consecutive Operating Months 2.0

The same type of Incident within the Specified Eventoccurs 5 or more times within 6 consecutive OperatingMonths

3.0

Multiple occurrences of Specified Events 1 and 2 and Critical Incidents will besubject to clause 33.1 of the Contract and may in the Principal's discretion bedeemed to an unremediable Event of Default entitling the Principal to terminate theContract.


Court Security and Custodial Services Schedule 2 Key Performance Indicators

SCHEDULE 2: KEY PERFORMANCE INDICATORS

1. Introduction

The Contractor must deliver the Services in accordance with the Contract.

This Schedule 2 sets out the Key Performance Indicators (KPIs) which shall be used toassess the Contractor's performance against its obligations as set out in the Contract andin particular the Service Requirements thereto.

In exercising the Principal's discretion as to whether or not the Abatement Points apply toa KPI the Principal's intention is not to unreasonably penalise the Contractor, rather toencourage the Contractor to deliver high level of services in a responsive and innovativemanner to achieve quality outcomes for the State, the Judiciary, the justice system or thecommunity by:

(a) Exercising a high level of duty of care in an ethical and humane manner.

(b) Treating all persons fairly and with respect for the inherent dignity of the humanperson, having due consideration to differing, individual and cultural needs.

(c) Delivering progressive service solutions in an effective, flexible manner with regard toalternative delivery methods.

In making any determination as to whether or not the Abatement Points should apply thePrincipal will not act unreasonably and will take into account all of the mitigation factorsset out in clause 4 of this Schedule.

2. Definitions

The following defined terms apply to this Schedule. Where there is any inconsistencybetween the definitions in this Schedule and the Contract, the meanings in the Contractshall prevail. Capitalised terms which are not defined below bear the meaning given tothose terms in the Contract or the Service Requirements.

Abatement Points means the number of points (expressed as a number) incurred inrespect of a Performance Failure.

Abatement Waive Period has the meaning given in clause 5.1 of this Schedule.

Contractual Failure means a Performance Failure that is classified as a "ContractualFailure" in the KPIs and is set out in clause 7 of this Schedule.

Customer Satisfaction Fee has the meaning given in clause 11 of this Schedule.

Customer Satisfaction Measurement Table means the customer satisfactionmeasurement table shown in clause 11 of this Schedule.

Customer Satisfaction Performance Fee has the meaning given in clause 11 of thisSchedule.

Customer Satisfaction Service Level Table provides a description of the serviceelements and measurement criteria as shown in clause 11 of this Schedule.

Customer Satisfaction Surveys means the regular measurement of the Contractor'sperformance through customer satisfaction reviews as described in clause 11 of thisSchedule.



Magnitude of Impact means the impact a Service Failure may have when classified asminor, moderate or major as determined by the Outcome of Service Failure andAbatement Points Table shown in clause 9.1 of this Schedule.

Multiplication Factor has the meaning given in clause 10 of this Schedule.

Operating Quarter has the meaning given in clause 11 of this Schedule.

Performance Failure for the purpose of measurement and application of KPIs in thisSchedule, means a failure by the Contractor to satisfy or comply with a KPI in accordancewith and to the standard specified in the Service Requirements except to the extent thatthe:

(a) Contractor is able to demonstrate to the satisfaction of the Principal that all reasonableendeavors were taken by the Contractor to prevent the failure from occurring;

(b) Contractor is able to demonstrate to the satisfaction of the Principal acting reasonablythat the Contractor's actions (or non-actions) did not contribute to the failureoccurring;

(c) failure is a consequence of a breach by the Principal of its obligation under theContract;

(d) failure is a consequence of the negligent acts or omissions of the Principal, a ClientAgency or any of their respective officers, employees, agents or consultants;

(e) failure is a consequence of acting on the instructions of the Principal;

(f) failure is a consequence of restrictions imposed on the Contractor by the Principal; or

(g) failure is a consequence of any event of Force Majeure provided that the Contractormeets its obligations in attempting to overcome that event of Force Majeure;

provided that any failure to satisfy or comply with a KPI due to circumstances to whichany of the paragraphs (a) to (f) apply will constitute a Performance Failure to the extentthat the Contractor does not use its reasonable endeavours to rectify the effects of suchcircumstances.

Reporting Failure means a Performance Failure that is classified as a "Reporting Failure"in the KPIs as set out in clause 8 of this Schedule.

Result of Service Failure means physical injury, disruption to court proceeding, lateprovision of movement services (including Lock Up clearance services), adverse impact onreputation and image of Client Agency as described in the Outcome of Service Failure andAbatement Points Table shown in clause 9.1 of this Schedule.

Remedy Period means the period specified in clause 7 and clause 8 of this Schedulewithin which a Contractual Failure or Reporting Failure, as applicable, must be remedied,commencing from the time of the failure occurring.

Service Failure means a Performance Failure that is classified as a "Service Failure" inthe KPIs as set out in clause 9 of this Schedule.



3. KPI Monitoring and Reporting Methods

The Contractor shall monitor and report on the delivery of the Services using themethod set out in the endorsed Operating Manual or such other method approvedby the Principal. The minimum monitoring methods required is set out below:

Monitoring Method1 Contractor self monitoring and reporting via the [name of Contractor's

monitoring and reporting method as described in the Operating Manual] orother appropriate method.

2 Reviews, monitoring and reporting by the Principal, statutory bodies orthird Party audit.

4. KPI Assessment Method

In exercising its discretion as to whether the Contractor has met or failed to meet aKPI, the Principal shall take account of the following matters:

(a) the mitigation factors set out in the definition of a Performance Failure;

(b) restrictions imposed on the Contractor by the Principal whether under theContract, the Relevant Legislation or otherwise;

(c) the reasonable compliance by the Contractor with any such restriction andthe circumstances surrounding or affecting the attainment or otherwise of aKPI; and

(d) any report or explanation provided by the Contractor to the Principal inrelation to any fact or circumstance relevant to the Contractor's attainmentor otherwise of a KPI.

5. Performance Failures

A failure by the Contractor to comply with a KPI will constitute a PerformanceFailure.

A Performance Failure is classified as either a Contractual Failure, Reporting Failureor Service Failure.

5.1 Abatement Waive Period

Effective from the Service Commencement Date for a period of 3 consecutiveOperating Months, no Abatement Points will be incurred in relation to KPIsclassified as Service Failures that have a Magnitude of Impact of minor or moderate(Abatement Waive Period).

The Abatement Waive Period does not apply to:

(a) Contractual Failures; or

(b) Reporting Failures; or

(c) Service Failures that have a Magnitude of Impact of major.

Remedy Periods and Multiplication Factors will apply during the Abatement WaivePeriod.



The Principal may elect, at its absolute discretion, to extend the Abatement WaivePeriod for up to a maximum further period of 3 consecutive Operating Months.

The triggers for a Performance Improvement Notice will not be activated during theAbatement Waive Period in respect of court security services, custody services andmovement services (including Lock Up clearance services), however, the triggersfor a Performance Improvement Notice will be in effect in respect of TransitionServices.

Following the expiry of the Abatement Waive Period, the abatement regime willapply as described in this Schedule.

5.2 Overlap of Incidents

If an Incident occurs which is a Specified Event and a Performance Failure, then thenext Monthly Service Payment will be reduced by the Abatement Level applicable tothe Specified Event and any Abatement Points applicable to Performance Failureswill not be applied.

If an Incident occurs which is determined as more than one Performance Failurethen the Performance Failure with the higher number of Abatement Points willapply

5.3 Performance Failure Disputes

If there is a dispute between the Contractor and the Principal as to whether aPerformance Failure has occurred, either Party may refer the matter for disputeresolution in accordance with clause 32 of the Contract. Until the Contractor andPrincipal otherwise agree or a determination is made in accordance with thedispute resolution process, the occurrence of the relevant Performance Failure shallbe determined by the Principal and the Contractor shall ensure that suchdetermination is reflected in the relevant Monthly Invoice. If, following resolutionof the dispute under clause 32 an adjustment is agreed or determined in respect ofthe alleged Performance Failure, then that adjustment will be added to or deductedfrom (as the case may be) the next Monthly Service Payment after that agreementis reached or that determination is made (as the case may be).

6. Abatement Points and Maximum Abatement Amount

6.1 Abatement Points

Abatement Points apply to Incidents where a Performance Failure has occurred.

The number of Abatement Points applicable to Performance Failure KPIs forContractual Failures, Reporting Failures and Service Failures respectively are setout in clauses 7, 8 and 9 of this Schedule.

6.2 Maximum Abatement Amount

The Payment Mechanism Schedule details the mechanism for calculatingabatements (expressed in dollar values) to the next Monthly Service Payments forPerformance Failures.

The sum of Abatement Points and Abatement Level for Specified Event No 8(Failure to provide a Service) only, as calculated in accordance with the PaymentMechanism Schedule in any one Operating Month shall not exceed 5% of the GrossMonthly Service Payment (Cap on Abatements).



The Cap on Abatements does not apply to Specified Events 1, 2, 3, 4, 5, 6, 7, 9, 10and 11, as set out in Schedule 1.

7. Contractual Failure

The table below sets out the Performance Failures classified as a ContractualFailure and provides for each:

(a) a description;

(b) a Remedy Period; and

(c) the applicable number of Abatement Points.

In the event there is a Contractual Failure, the Remedy Periods shown in the tablebelow will apply. In the event that the Contractual Failure is not remedied withinthe relevant Remedy Period then the Contractual Failure shall be deemed to haveoccurred again and the relevant Abatement Points will apply. Additional AbatementPoints shall apply at the end of each subsequent Remedy Period until theContractual Failure is remedied.

No. Description of Contractual Failure RemedyPeriod

Abatement Points

1. A breach by the Contractor of any State,Commonwealth or local governmentlegislation, CEO Rules, health policy or qualitystandard which prevents the Services frombeing carried out as intended by the ServiceRequirements.

N/A 10 points perContractual

Failure

2 Non-compliance with clause 20 (Training) ofthe Contract.

N/A 5 points perContractual

Failure3 Non-compliance with clause 11 (Quality) of

the ContractN/A 5 points per

ContractualFailure

4 Failure to provide an Operating Manual asrequired in clause 10 (Operating Manual) ofthe Contract.

5 BusinessDays

5 points perContractual

Failure5 Failure to provide a Transition Plan as

required by clause 7 (TransitionArrangements) of the Contract.

5 BusinessDays

5 points perContractual

Failure

8. Reporting Failure

The table below sets out the Performance Failures classified as Reporting Failuresand provides for each:

(a) a description

(b) a Remedy Period; and

(c) the applicable number of Abatement Points.

In the event there is a Reporting Failure, the Remedy Periods shown in the tablebelow will apply. In the event that the Reporting Failure is not remedied within therelevant Remedy Period then the Reporting Failure shall be deemed to haveoccurred again and the relevant Abatement Points will apply. Additional AbatementPoints shall apply at the end of each subsequent Remedy Period until the ReportingFailure is remedied.



No. Description of Reporting Failure RemedyPeriod

Abatement Points

1Failure to report a Critical Incident

verbally and/or.in a full written report

within the times and requirements specifiedin clause 29.1 of the Contract.

15 minutesfor verbal

reportand

4 hours forfull written

report

10 points perReporting Failure

2

Failure to report a Major Incidentverbally and/or.in a full written report

within the times and requirements specifiedin clause 29.2 of the Contract.

1 hour forverbalreport

and1 BusinessDay for full

writtenreport


3 Failure to provide a Situation Report withinthe times and requirements specified inclause 29.3 of the Contract.

1 BusinessDay


4 Failure to provide Intelligence andInformation Reporting within the times andrequirements specified in clause 29.4 of theContract

1 BusinessDay


5 Failure to record, use and provide up to date,accurate 24 hours a day Court Security,Custody and Movement Reportinginformation to approved users as described inclause 14.3 of Schedule 5.

1 BusinessDay


6 Failure to provide a Monthly PerformanceReport as per the requirements specified inclause 14.2 of Schedule 5 and clause 29.5 ofthe Contract.

5 BusinessDays


7 Failure to provide a Monthly PerformanceReport as per the timeframes specified inclause 14.2 of Schedule 5 and clause 29.5 ofthe Contract.

5 BusinessDays


8 Failure to provide a copy of the Contractor'saudited annual financial statements withinthe timeframes specified in clause 14.2 ofSchedule 5 and clause 29.7 of the Contract.

1 CalendarMonth

5 point per ReportingFailure

9 Failure to provide a copy of the AnnualPerformance Report within the timeframesspecified in clause 14.2 of Schedule 5 andclause 29.6 of the Contract.

1 CalendarMonth


10 The Contractor shall provide, within thetimeframes specified, all other reports (i.e.other than Reporting KPIs No. 1 to 9), plansand Information and Intelligence reporting asspecified in the Contract and the ServiceRequirements.

5 BusinessDays


11 Failure to accurately report on KPIs in theMonthly Performance Report, AnnualPerformance Report, Monthly Invoice and/orall other reports and plans as specified in theContract and the Service Requirements.

N/A 2 points perReporting Failure



9. Service Failure

A Service Failure may be applied where the Contractor has failed to comply withthe endorsed Operating Manual and this leads to an Incident (as defined). For theavoidance of doubt the Contractor must still report all Incidents as required.

The table below sets out the Performance Failures classified as a Service Failureand provides for each:

(a) a description; and

(b) the applicable number of Abatement Points.

No. Description of Service Failure Abatement Points1 Failure to comply with the endorsed operational

procedures as set out in the Operating Manualresulting in an Incident.Not to be abated in conjunction with any otherService Failure.

Refer to clause 9.1of this Schedule.

2 Failure to preserve the human dignity, security, careand well being of every person in the charge of theContractor, including failure to:

provide a Person in Custody with the necessaryfood, water and prescribed medication; orrespond to a Person in Custody or Court Usercomplaint in a timely manner; ormake appropriate use of restraints;manage the health and security of a Person inCustody reflective of the risk posed; ormake provision for the specific and cultural needsof a Person in Custody; orprovide sufficient Contract Workers to ensure thatsafety, security and good order is maintained.


3 Failure to meet the Principal's requirements, as setout in clause 4 of Schedule 6, in choosing the mode oftransport and in respect of transporting Persons inCustody.

Refer to clause 9.1of his Schedule.

4 Failure to deliver a Person in Custody to an approveddestination in a timely manner to meet the:

warrant time; orearliest listed Court appearance time for the court;orCourt Custody Centre arrival time; ordelivery to Courtroom time; ordelivery to Prison from court time; orappointment time; orother approved destination arrival time, includingfuneral, visit to ill relative, etc.


5 Failure to provide Hospital Sit services to a scheduledor unscheduled hospital sit within the specifiedtimeframe.


6 Failure to clear Persons in Custody from agreed LockUps (hub locations) within the specified time.


7 Failure to obtain a valid order authorising themovement of the Person in Custody prior to themovement.


8 Failure to prevent a Person in Custody from inflictingself-harm.


9 Failure to prevent a Person in Custody or a person incharge of the Contractor from assaulting, physical orverbal, another person.




No. Description of Service Failure Abatement Points10 Unauthorised or incorrect restraint of a person or a

Person in Custody.Refer to clause 9.1of this Schedule.

11 Failure to prevent a Person in Custody or a Court Userfrom causing damage to property or any other asset.


12 Failure to manage the personal property of a Personin Custody in a safe and secure manner.


13 Failure to hand over intelligence pertaining to Personsin Custody and/or Court Users to the responsibleClient Agency person at the approved place.


14 Failure to attend to the source of all safety andsecurity incidents within the specified timeframes,including:

safety and security incidents; andduress alarm response.


15 Failure to prevent safety and security incidents in andaround Courts; Courtrooms and/or Court CustodyCentres, including:

unauthorised access or entry;undetected or unauthorised weapons, firearms orarticles; andsurveillance including internal and external.


16 Failure by a Contract Worker to carry and visibly showits identification as required in clause 15 of Schedule5.


9.1 Abatement Points applicable to a Service Failure

Abatement Points are determined and applied for each Incident.

To determine the number of Abatement Points applicable to a Service Failure thefollowing needs to be aggregated:

(a) Each Service Failure attracts 1 Abatement Point per Incident,

PLUS

(b) Each Service Failure is then tested against the corresponding Magnitude ofImpact and the Result of Service Failure, as set out in the Outcome of ServiceFailure and Abatement Points Table to determine the further Abatement Pointsapplicable:

(I) If the Result of Service Failure and Abatement Points Table isdetermined not to be applicable the Service Failure, then no furtherAbatement Points are applicable (and the Service Failure onlyattracts a total of 1 Abatement Points per Incident); or

(ii) If the Result of Service Failure and Abatement Points Table isdetermined to be applicable, then the 1 Abatement Point per Incidentis adjusted in accordance with the Result of Service Failure andAbatement Points Table, with the highest Magnitude of Impact beingadded.


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10. Performance Failure Event Multipliers

Performance Failures that occur on multiple occasions over a defined period willattract a Multiplication Factor where the Contractor has not taken appropriate stepsto prevent a reoccurrence.

The Multiplication Factor is only applicable in respect of an Incident of the sametype occurring on multiple occasions within a rolling 6 month period. In thesesituations:

(a) the Abatement Points will be increased by applying the relevant MultiplicationFactor;

(b) the Multiplication Factor cannot be applied to the same Incident more thanonce; and

(c) the Multiplication Factor is determined by the frequency of occurrence asshown in the Performance Failure Multiplier Table.

Performance Failure Multiplier Table

Applicable to Contractual Failure KPIs and Service Failure KPIsFrequency of occurrence Multiplication FactorThe same type of Incident within the KPI occurs 3times within 6 consecutive Operating Months 1.5

The same type of Incident within the KPI occurs 4times within 6 consecutive Operating Months 2.0

The same type of Incident within the KPI occurs 5or more times within 6 consecutive OperatingMonths

3.0

Applicable to Reporting Failure KPIs

Frequency of occurrence Multiplication FactorThe same type of Reporting Failure occurs 3 timeswithin an Operating Month 1.5

The same type of Reporting Failure occurs 4 ormore times within an Operating Month 2.0

11. Customer Satisfaction Survey

11.1 Performance measure

The Contractor shall establish and maintain effective relationships with the ClientAgencies and the Client Agencies' external service providers to ensure effectivedelivery of the Services and the Transition Services to the Principal, based on thefollowing service elements:

(a) Relationship management Client Agencies;

(b) Relationship management Third parties; and

(c) User satisfaction.

The Contractor's performance will be subjected to regular measurement throughcustomer satisfaction reviews (Customer Satisfaction Surveys) based onachievement of specific service objectives.



The Customer Satisfaction Service Level table below provides a description ofthe service elements and measurement criteria.

Customer Satisfaction Service Level TableService element Description Measurement criteriaClient Agency andthird-Party relationshipmanagement

A quarterly assessment ofthe relationship theContractor has with theClient Agencies, based onoverall service delivery,flexibility, relationshipmanagement, includingthird-Party relationships,and customer focus.

Based on the averagescore achieved from theCustomer SatisfactionSurvey of key ClientAgency representativesand users, a score of 1 to10 will be allocatedaccording to the followingscale:2 very dissatisfied4 below expectations6 meets expectations8 above expectations10 very satisfied

User satisfaction User satisfaction basedupon a quarterly survey ofusers.

11.2 Form of the Customer Satisfaction Survey

The Customer Satisfaction Survey will take the form described below.

(a) The Customer Satisfaction Survey will be conducted and completed duringthe Operating Month following the end of each quarter in the OperatingPeriod (Operating Quarter). The first quarter commences at the start of thefirst Operating Month following the Abatement Waive Period and ends at theend of the third Operating Month following the Abatement Waive Period.Subsequent Customer Satisfaction Survey's will be conducted during theOperating Month following the end of each subsequent quarter.

(b) Persons participating in the Customer Satisfaction Survey may include:

(i) the Contract Manager;

(ii) each of the Client Agency Representatives and 2 persons selected bythe relevant Client Agency Representative;

(iii) 2 persons from each Service Site selected by the relevant ClientAgency Representative;

(iv) each prison's Prison Superintendent;

(v) each judicial officer presiding over a court or tribunal serviced by theContractor during the Term;

(vi) persons that may be involved in Critical Incidents and Majorincidents. This group is likely to include service users such as Personsin Custody, Prison staff, WA Police officers, Court staff.

(c) The Customer Satisfaction Survey will utilise a ten point satisfaction scalewhich will allow the Principal to assess the level of customer satisfaction andto track whether customer satisfaction is improving or declining over time.The numerical satisfaction scale will have defined end points; representingvery dissatisfied at the lowest level and very satisfied at the highest level.

(d) The Customer Satisfaction Survey will include a best and worst serviceselection, which will list the range of Services (and Transition Services) andask participants to choose their top three and bottom three services based



on the performance of the Contractor in delivering the Services (and theTransition Services). This will establish both the areas customers aresatisfied with and those they feel require improvement.

(e) The Principal and the Contractor shall attempt to agree on the questions andprocess for conducting the Customer Satisfaction Surveys prior to theSignature Date but in the absence of agreement the questions and processfor conducting the Customer Satisfaction Survey will be determined by thePrincipal.

11.3 Customer Satisfaction Fee

The Contractor must deduct from each Monthly Invoice (for each Operating Month)the Customer Satisfaction Fee, being an amount equal to 0.05% of the grossMonthly Service Payment, representing the maximum monthly CustomerSatisfaction Fee. A maximum quarterly Customer Satisfaction Fee will becalculated by aggregating the maximum monthly Customer Satisfaction Fees ineach Operating Quarter.

11.4 Customer Satisfaction Performance Fee

The Customer Satisfaction Performance Fee is a fee calculated and payablequarterly to the Contractor in respect of each Operating Quarter by reference tothe results of the most recently conducted Customer Satisfaction Survey. TheCustomer Satisfaction Performance Fee will be calculated with reference to theCustomer Satisfaction Measurement table.

Customer Satisfaction Measurement TableCustomer Satisfaction Survey results Performance Based Percentage

Over 90%71 90% 60%50 70% 20%

Less than 50% nil

The Customer Satisfaction Performance Fee will be calculated in accordance withthe following formula:

QCSPF = MQCSF x PBP

Where:

QCSPF is the quarterly Customer Satisfaction Performance Fee payable tothe Contractor in respect of the Contractor's performance against theCustomer Satisfaction service level for the Operating Quarter by referenceto the results of the most recently conducted Customer Satisfaction Survey;

MQCSF is the maximum quarterly Customer Satisfaction Fee that may bepayable for the Operating Quarter, calculated by aggregating the maximummonthly Customer Satisfaction Fees in the Operating Quarter;

PBP is the applicable Performance Based Percentage set out in theCustomer Satisfaction Measurement Table determined by reference to theresults of the most recently conducted Customer Satisfaction Survey. If thePBP cannot be determined within two Operating Months after the end ofeach Operating Quarter due to the Principal not having undertaken andcompleted the Customer Satisfaction Survey as described in this claue, thenthe PBP shall be 100% in respect of the Operating Quarter.



11.5 Payment of quarterly Customer Satisfaction Performance Fee

Within two Operating Months after the end of each Operating Quarter, the Principalmust:

(a) calculate the quarterly Customer Satisfaction Performance Fee as set outabove; and

(b) give notice to the Contractor of the amount of the quarterly CustomerSatisfaction Performance Fee, setting out the results of the CustomerSatisfaction Survey and the calculation of the quarterly CustomerSatisfaction Performance Fee.

The Contractor must apply the quarterly Customer Satisfaction Performance Fee tothe following Monthly Service Payment. The Payment Mechanism Schedule(Schedule 3 to the Contract) details the mechanism for including the quarterlyCustomer Satisfaction Performance Fee in the Monthly Service Payment.

If this Contract is terminated due to a Termination for Event of Default, noquarterly Customer Satisfaction Performance Fee will be payable in respect of thelast Operating Quarter.


Court Security and Custodial Services Schedule 3 Payment Mechanism

SCHEDULE 3: PAYMENT MECHANISM

1. Definitions

The following defined terms apply to this Schedule. Where there is any inconsistencybetween the definitions in this Schedule and the Contract, the meanings in the Contractshall prevail. Capitalised terms which are not defined below bear the meaning given tothose terms in the Contract.

Abatement Factor (AF) has the meaning given in clause 5.4 (e) of this Schedule.

Abatement Level means the amount in dollars of abatement in respect of a SpecifiedEvent determined in accordance with Schedule 1.

Abatement Points means the number of points (expressed as a number) incurred inrespect of a Performance Failure as determined in accordance with Schedule 2.

Baseline Volume Band means the agreed baseline volume bands as at the ServicesCommencement Date and set out in the Baseline Volume Band Table in Attachment 2 ofSchedule 4. The agreed Baseline Volume Bands are fixed and not subject to changeexcept as provided in clause 3.2 of Schedule 4.

Gross Monthly Service Payment (GMSP) has the meaning specified in clause 3 of thisSchedule.

Indexation Adjustment (IA) has the meaning specified in clause 4 of this Schedule.

Index Number means the index number compiled and issued by the Australian Bureau ofStatistics for a price index in respect of a particular quarter.

Monthly Service Fee (MSF) means the monthly service fee calculated in accordancewith clause 3 of this Schedule.

Monthly Service Payment (MSP) has the monthly payment calculated in accordancewith clause 2 of this Schedule.

Performance Failure has the meaning given in Schedule 2.

Performance Failure Abatement (PFA) has the meaning specified in clause 5.4 of thisSchedule.

Price means the applicable fixed price for the Services determined from the Pricing Tablesin accordance with this Schedule and clause 3 of Schedule 4.

Pricing Tables mean the tables that contain the Prices for the Services as set out inAttachments 1, 2 and 3 of this Schedule. The Pricing Tables are fixed and not subject torevision except as provided in clause 3 of Schedule 4.

Specified Event means an event classified as a "Specified Event" in Schedule 1.

Transition Fee means the total fixed fee (if any) in respect of the Contractor havingsuccessfully implemented the Transition Services in accordance with the Transition Plan.The Pricing Table for Transition Services is set out in Attachment 3 to this Schedule.



2. Monthly Service Payment (MSP)

The Monthly Service Payment for each Operating Month will be calculated inaccordance with the following formula:

MSP = GMSP ± SPA - {IPFA + SEA} + MTF

Where:

GMSP = The Gross Monthly Service Payment in dollars for the relevantOperating Month calculated in accordance with clause 3 of thisSchedule.

1SPA = The sum of all Service Payment Adjustments in dollars for therelevant Operating Month calculated in accordance with clause 6 ofthis Schedule.

1PFA = The Performance Failure Abatement in dollars for the OperatingMonth calculated in accordance with clause 5.4 of this Schedule.

2SEA = The Abatement Level for Specified Events in dollars for the OperatingMonth calculated in accordance with clause 5.5 of this Schedule.

ZMTF = The sum of all milestone Transition Fees (if any) for the OperatingMonth calculated in accordance with clause 7 of this Schedule.

Where calculations are to be performed in accordance with this Schedule, the finalresult of any such calculations shall be rounded to the nearest Australian Dollar.

3. Gross Monthly Service Payment (GMSP)

The Gross Monthly Service Payment for each Operating Month will be calculated inaccordance with the following formula:

GMSP = EMSF x IA

Where:

MSF = The sum of the Monthly Service Fee in dollars calculated as ZPT +ZSR, where:

ZPT = The sum of the fixed price corresponding to the agreedBaseline Volume Band and the fixed fee for Service, asapplicable, in the Operating Month for each of the CoreMovement Services, Core Court Security and CustodyServices and Other Escort Services Pricing Tables set out inPricing Tables 1 to 14 in Attachment 1 to this Schedule;

ZSR = The sum of the Additional Services (as set out in clause 2.2.4of Schedule 4) performed in the Operating Month under aSchedule of Rates arrangement. The Pricing Table forSchedule of Rates are set out in Attachment 2 to thisSchedule.

The Pricing Tables and agreed Baseline Volume Bands are fixed andnot subject to revision except as provided in clause 3 of Schedule 4.

IA = The Indexation Adjustment.



4. Indexation Adjustment (IA)

The Prices (as set out in the Pricing Tables), including the Schedule of Rates, willapply from the Commencement Date for the Term.

An Indexation Adjustment will be made to the Prices and all other dollar amountsstated in the Contract and the Schedules thereto on 1 July 2011 and on 1 Julythereafter over the Term of the Contract. The base date of the Prices (as set out inthe Pricing Tables) is 30 June 2010.

The Indexation Adjustment is a blended rate of price indexes compiled by theAustralian Bureau of Statistics (ABS) for:

(a) Consumer Price Index (CPI): Perth; Capital City; all groups 6401.0;

(b) Labour Price Index (LPI): Total hourly rates of pay excluding bonuses; WesternAustralia; Private and Public; All industries 6345.0; and

(c) Fuel Price Index (FPI): Automotive Fuel Price Index, Perth (being a subset ofCPI for Perth).

4.1 Indexation Adjustment (IA) calculation

To arrive at the Indexation Adjustment, on 1 July of each year over the Term, thefollowing formula will apply:

IA = [CPIP x (CCPI / OCPI)] + [LPIP x (CLPI / OLPI)]+ [FPIP x (CFPI / OFPI)]

Where:

IA = The Indexation Adjustment (rounded to 4 decimal places).

CPIP = The fixed percentage of costs that are subject to CPI. Thispercentage is 35% and is fixed for the Term.

CCPI = The CPI Index Number for the quarter ending 30 June of theanniversary year.

OCPI = The CPI Index Number for the quarter ending 30 June 2010.

LPIP = The fixed percentage of costs that are subject to LPI. This percentageis 60% and is fixed for the Term.

CLPI = The LPI Index Number for the quarter ending 30 June of theanniversary year.

OLPI = The LPI Index Number for the quarter ending 30 June 2010.

FPIP = The fixed percentage of costs that are subject to FPI. This percentageis 5% and is fixed for the Term.

CFPI = The FPI Index Number for the quarter ending 30 June of theanniversary year.

OFPI = The FPI Index Number for the quarter ending 30 June 2010.

Note: The sum of CPIP, LPIP and FPIP must be 100% and are fixed for the Term.



4.2 Changes in CPI, LPI and / or FPI

If either:

(a) the CPI, LPI and/or the FPI ceases to be published quarterly; or

(b) the method of calculation of the CPI, LPI and/or the FPI substantially alters,

then the CPI, LPI and/or the FPI is to be replaced by the nearest equivalent indexand any necessary consequential amendments are to be made. That index andthose amendments are to be determined as follows:

(i) by agreement between the Principal and the Contractor; or

(ii) if the Parties do not agree by an economist appointed by the President of theLaw Society of Western Australia on the application of the State whose decisionwill be final and binding.

5. Abatement regime

5.1 Maximum Abatement

The sum of Abatement Points and Abatement Levels for Specified Event No 8(Failure to provide a Service) only, as calculated in accordance with this Schedulein any one Operating Month shall not exceed 5% of the Gross Monthly ServicePayment (Cap on Abatements).

The Cap on Abatements does not apply to Specified Events 1, 2, 3, 4, 5, 6, 7, 9, 10and 11 as set out in Schedule 1.

5.2 Mitigation

5.2.1 Mitigation Event

In making any determination as to whether or not the Abatement Level orAbatement Points should apply the Principal will not act unreasonably and will takeinto account all of the mitigation factors set out in Schedule 1 and Schedule 2(Mitigation Event).

5.2.2 Mitigation Claim

The Contractor may seek adjustment to the Abatement Level or Abatement Pointsfor an Operation Month on the basis that its performance during that OperationMonth was adversely affected by a Mitigation Event (a Mitigation Claim).

5.2.3 Timing of a Mitigation Claim

A Mitigation Claim must be notified to the Principal as soon as the Contractorbecomes aware that its performance has been adversely affected by a MitigationEvent, and in any event, no later than 5 Business Days after the end of theOperation Month in which the Contractor's performance was affected.

The Mitigation Claim must be accompanied by:(i) evidence of the circumstances which have adversely affected the

Contractor's performance during that Operation Month;(ii) an explanation as to why those circumstances are considered to be a

Mitigation Event , and



(iii) a description of the steps taken by the Contractor to mitigate the effect ofthe Mitigation Event.

5.2.4 Consideration of Mitigation Claim

The Principal must consider the Mitigation Claim and any evidence whichaccompanies it and may request any additional information to consider the meritsof the Mitigation Claim. All Mitigation Claims will be discussed at the MonthlyMeeting referred to in the Contract.

The Principal must, acting reasonably, decide whether or not to adjust theAbatement Amount or Abatement Points (as applicable) in response to theContractor's Mitigation Claim and must notify the Contractor of its decision as soonas practicable and, in any event, within 5 Business Days after the Monthly Meetingreferred to above. The Principal's notice must specify the amount and/or points ofthe adjustment (if any) which will apply.

5.2.5 Payment of Abatement Amount pending determination

Pending determination of a Mitigation Claim by the Principal, the Specified EventAbatement (SEA) and/or Performance Failure Abatement (PFA) for that OperationMonth will be deducted by the Contractor from the Monthly Service Paymentwithout adjustment in accordance with clause 5.4 and clause 5.5 of this Schedule.The amount of the adjustment must be included by the Contractor on the MonthlyInvoice following notification of the Principal's determination under clause 5.2.4 ofthis Schedule.

5.3 Failure disputes

If there is a dispute between the Contractor and the Principal as to whether aSpecified Event or Performance Failure has occurred, either Party may refer thematter for dispute resolution in accordance with the Dispute Resolution clause inthe Contract.

Until the Contractor and Principal otherwise agree or a determination is made inaccordance with the dispute resolution process, the occurrence of the relevantSpecified Event or Performance Failure shall be determined by the Principal and theContractor shall ensure that such determination is reflected in the relevant MonthlyInvoice.

If, following resolution of the dispute an adjustment is agreed or determined inrespect of the alleged Specified Event or Performance Failure, then that adjustmentwill be added to or deducted from (as the case may be) the next Monthly ServicePayment after that agreement is reached or that determination is made (as thecase may be).

5.4 Performance Failure Abatement (PFA)

The Performance Failure Abatement will be determined in accordance with thefollowing formula:

PFA = GMSP x AF

Where:

GMSP = The Gross Monthly Service Payment in dollars for the relevantOperating Month.



AF = The Abatement Factor for the relevant Operating Month calculated inaccordance with clause 5.4 (e) of this Schedule.

(a) Abatement Points shall be calculated for each Performance Failure to whichAbatement Points are applicable by reference to the relevant KeyPerformance Indicator (KPI) in Schedule 2.

(b) The total number of Abatement Points attributable to an Operating Monthwill be determined upon delivery of the Monthly Performance Reports inaccordance with the Service Requirements and performance monitoringsystem described in the Operating Manual, and not by reference to theOperating Month in which the Performance Failures occurred.

(c) Where a Performance Failure is not remedied within the Remedy Period, theAbatement Points for that Performance Failure will be applied again at theend of the Remedy Period (and each subsequent Remedy Period) until thefailure has been remedied.

(d) Where a Specified Event attracts Multiplication Factor the Abatement Level,as applicable, for that Specified Event will be calculated by reference to theSpecified Event Multiplier Table in Schedule 1. Where a Performance Failureattracts a Multiplication Factor the Abatement Points, as applicable, for thatPerformance Failure will be calculated by reference to the PerformanceFailure Multiplier Table in Schedule 2.

(e) The Abatement Factor (AF) is a progressive factor by which the factorincreases as the total number of Abatement Points increases. TheAbatement Factor will be calculated by adding the total number ofAbatement Points incurred during an Operating Month and multiplying thenumber of Abatement Points within the respective Abatement Point Bandsby the Abatement Factor as set out in the Abatement Factor Table below.As an example, for 200 Abatement Points, the AF would be equal to 0.48%(10 points x 0.0010%) + (190 points x 0.0025%).

Abatement Factor TableAbatement Point Band Abatement Factor on this Abatement

Point Table0 10 0.0010% of the GMSP per point.

11 200 0.0010% of the GMSP per point for 10points;

plus0.0025% of the GMSP per point for thenumber of points above 10.

201 500 0.0010% of the GMSP per point for 10points;

plus0.0025% of the GMSP per point for 190points;

plus0.0040% of the GMSP per point for theremaining number of points above 200.

501 1,000 0.0010% of the GMSP per point for 10points;




Abatement Point Band Abatement Factor on this AbatementPoint Tableplus

0.0040% of the GMSP per point for 300points;

plus0.0150% of the GMSP per point for theremaining number of points above 500points.

> 1,001 0.0010% of the GMSP per point for 10points;




Plus0.0500% of the GMSP per point for theremaining number of points above1,000 points.

5.5 Specified Events Abatement (SEA)

If a Specified Event occurs during an Operating Month, the Abatement Level shallbe calculated by reference to the relevant Specified Event.

The amount of the Abatement Level will be the sum of the amounts calculated inaccordance with the following formula:

SEA = AL x IA

Where:

SEA = Specified Events Abatement amount in dollars.

AL = The Abatement Level amount in respect of the relevant SpecifiedEvent.

IA = The Indexation Adjustment.

Specified Events shall be attributed to the Operating Month in which they arereported in accordance with the Monthly Performance Report irrespective of whenthey occur.

6. Service Payment Adjustment (SPA)

The Service Payment Adjustment for an Operating Month will be calculated inaccordance with the following formula:

SPA = ± CSSP ± ISS

Where:

SPA = The Service Payment Adjustment in dollars for the relevant OperatingMonth.



CSSP = The sum of the Customer Satisfaction Fees and the CustomerSatisfaction Performance Fees (which may be an amount withheld oradded to the MSP) calculated in accordance with Schedule 2.

ISS = The sum of the Innovation and Savings Sharing adjustment (whichmay be a positive or negative adjustment to the MSP) determined inaccordance with clause 49 of the Contract.

7. Milestone Transition Fee (MTF)

The milestone Transition Fee for an Operating Month will be calculated inaccordance with the following formula:

MTF = TTP x TMP

Where:

MTF = The milestone Transition Fees (if any) in respect of the Contractorhaving successfully implemented a milestone in accordance with theTransition Plan.

TTP = The total fixed price (if any) in respect of the Transition Servicescorresponding to the relevant Pricing Table, set out in Attachment 3of this Schedule.

TMP = The transition milestone percentage corresponding to the relevantPricing Table, set out in Attachment 3 of this Schedule.



Attachment 1 to Schedule 3 Services Pricing Tables

PriceFor each Service in Pricing Tables 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13 and 14, thePricing Table contains:

1. A fixed all inclusive price for each given volume band for all metropolitan locationsand all regional locations as described in the Service Requirements. The applicablefixed price corresponding to the agreed Baseline Volume Band (determined inaccordance with clause 3.2 of Schedule 4) will be the amount payable to theContractor, adjusted for abatements, if any.

2. Where applicable, a fixed all inclusive fee for service price for volume bands inexcess of, or below, the given volume bands will apply.

Pricing TablesThe following Pricing Tables are included in this Attachment 1.

Pricin TablesNumber Name Reference to Service Re uirementsAttachment 1.1 Movement ServicesPricingTable 1PricingTable 2PricingTable 3PricingTable 4PricingTable 5

Interprison Transfers Metropolitan

Interprison Transfers Regional

Court Transfers Metropolitan

Court Transfers Regional

Lock Up Clearances Metropolitan

Pricing Lock Up Clearances RegionalTable 6Attachment 1.2 Court Security and Custody ServicesPricing Court Security Services Schedule 5 and Schedule 7Table 7 MetropolitanPricing Court Security Services RegionalTable 8Pricing Court Custody ServicesTable 9 MetropolitanPricing Court Custody Services and LockTable 10 Up Custody Management Services

RegionalAttachment 1.3 Other Escort ServicesPricing Medical escorts, funeral escortsTable 11 and other escorts MetropolitanPricing Medical escorts, funeral escortsTable 12 and other escorts RegionalPricing Hospital Sits MetropolitanTable 13Pricing Hospital Sits RegionalTable 14

Schedule 5 and Schedule 6








Schedule 5, Schedule9

8 and





Schedule



Approach to pricing where a Person in Custody is not deemed fit for travel using theContractors preferred mode of transport

Where the Contractor has based its Price on a certain mode of transport (e.g. air charter)in compliance with clause 4 of Schedule 6 and clause 18 of Schedule 5, and at the time ofproviding the Service a Person in Custody is not able to travel, as determined by a ClientAgency, by that mode of transport, the Contractor will be allowed to provide a quote for asuitable alternative mode of transport based on the Schedule of Rates (Pricing Table No.16), and may submit a request for reimbursement of any unavoidable cost as a result ofthe change in mode of transport.


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as b

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2.4

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here

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(fo

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tran

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to A

caci

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ison

onl

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Not

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Pric

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is fi

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and

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as

prov

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in c

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of t

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ontr

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Add

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160

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Pay

men

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Pric

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Tab

le 2

Inte

rpris

on T

rans

fers

Reg

iona

lN

umbe

r of

ret

urn

sche

dule

d se

rvic

esB

asis

of P

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Pric

e A

$ (G

ST

Exc

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Not

espe

r w

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in a

n O

pera

ting

Mon

thR

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sV

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ndA

lban

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room

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algo

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(Not

e 1)

Bun

bury

(Not

e 1)

kik_

160-

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is 3

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mm

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e fo

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retu

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uled

ser

vice

per

wee

kF

ixed

mon

thly

pric

e$5

6,89

2$6

1,36

1$2

4,37

3$2

02,4

56N

otes

1, 2

,3

and

6li

(Bas

elin

e V

olum

e B

and

at S

ervi

ces

IC

omm

ence

men

t Dat

e2

retu

rn s

ched

uled

ser

vice

s pe

r w

eek

Fix

ed m

onth

ly p

rice

$113

,784

$122

,722

$48,

746

$404

,912

Not

es 1

, 2, 3

and

6P

rice

cate

. or

B -

Fix

ed fe

e fo

r se

rvic

e:A

n ad

ditio

nal/u

nexp

ecte

d re

turn

sche

dule

d se

rvic

e re

quire

dF

ixed

pric

e fo

r ad

ditio

nal

retu

rn s

ched

uled

ser

vice

requ

este

d by

the

$17,

068

$18,

408

$7,3

12$6

0,73

7N

otes

4 a

nd6

Prin

ci s

alP

rice

cate

gory

C -

Sch

edul

e of

Rat

esR

eque

st fo

r A

dditi

onal

See

Pric

ing

Tab

le N

o. 1

6N

ote

5S

ervi

ce b

the

Prin

ci a

l

Not

esN

ote

1 -

Pric

e(i)

The

Pric

e is

an

all i

nclu

sive

mon

thly

fixe

d pr

ice

to p

rovi

de th

e S

ervi

ce a

s de

scrib

ed in

Sch

edul

e 5

and

Sch

edul

e 6

(par

ticul

arly

cla

uses

7.2

and

8 of

Sch

edul

e 6)

.(ii

)T

he P

rice

incl

udes

the

use

of a

ppro

pria

te m

odes

of t

rans

port

hav

ing

rega

rd to

cla

use

4 of

Sch

edul

e 6.

(iii)

The

Pric

e in

clud

es s

uper

visi

on, o

vern

ight

s an

d su

bsis

tenc

e co

sts

(as

requ

ired)

.(iv

)A

ret

urn

sche

dule

d se

rvic

e is

to p

rovi

ded

from

the

met

ropo

litan

pris

ons

to th

e re

gion

al p

rison

s on

one

day

and

from

the

regi

onal

pris

ons

to th

e m

etro

polit

an p

rison

s on

the

othe

r da

y fo

r ea

ch o

f the

follo

win

g ro

utes

:e

Rou

te 1

- M

etro

polit

an p

rison

s to

/from

Eas

tern

Gol

dfie

lds

Reg

iona

l pris

on (

Kal

goor

lie);

®R

oute

2 -

Met

ropo

litan

pris

ons

to/fr

om K

arne

t, P

arde

lup

and

Alb

any

pris

ons

(the

Alb

any

rout

e in

clud

es p

ick

up a

nd d

rop

off o

f PIC

s at

Kar

net a

nd P

arde

lup

on th

e sa

me

sche

dule

d se

rvic

e.e

Rou

te 3

- M

etro

polit

an p

rison

s to

/from

Bun

bury

Pris

on;

®R

oute

4 -

Met

ropo

litan

pris

ons

to/fr

om G

reen

ough

pris

on (

Ger

aldt

on),

Roe

bour

ne p

rison

and

Bro

ome

pris

on (

the

Bro

ome

rout

ein

clud

es p

ick

up a

nd d

rop

off o

f PIC

s at

Ger

aldt

on p

rison

(al

so r

efer

red

to a

s G

reen

ough

) an

d R

oebo

urne

pris

on o

n th

e sa

me

sche

dule

d se

rvic

e .

CO

NT

RA

CT

NO

DC

S04

0201

0P

age

161

of 2

89JU

NE

201

1

Cou

rt S

ecur

ity a

nd C

usto

dial

Ser

vice

s -

Sch

edul

e 3

Pay

men

t Mec

hani

sm

Num

ber

of r

etur

n sc

hedu

led

serv

ices

per

wee

k in

an

Ope

ratin

g M

onth

Vol

ume

band

Bas

is o

f Pric

eP

rice

A$

(GS

T E

xclu

sive

)N

otes

Rou

tes

Kal

goo

rlie

Alb

any

Bro

ome

411.

1111

(Not

e 1)

Bun

bury

Bas

e da

te o

f pric

e is

30

June

201

0(N

ote

1 AN

IIHIM

IIIL.

Eac

h ro

ute

com

men

ces

and

ends

at C

asua

rina

pris

on fo

r m

en a

nd a

t Ban

dyup

for

wom

en.

(v)

The

sch

edul

ed s

ervi

ce is

to o

ccur

50

wee

ks p

er a

nnum

. Nor

mal

ly th

e se

rvic

e do

es n

ot o

ccur

1 w

eek

durin

g C

hris

tmas

and

1 w

eek

durin

gE

aste

r.(v

i)T

he m

axim

um P

IC n

umbe

rs fo

r an

y on

e le

g of

the

sche

dule

d se

rvic

e is

not

to e

xcee

d th

e nu

mbe

r of

sea

ts a

vaila

ble

on th

e m

ode

oftr

ansp

ort a

fter

allo

win

g fo

r th

e ap

prop

riate

num

ber

of C

ontr

act W

orke

rs to

mai

ntai

n th

e se

curit

y, w

elfa

re a

nd d

igni

ty o

f the

PIC

s.N

ote

2C

ount

The

cou

nt is

bas

ed o

n th

e nu

mbe

r of

ret

urn

sche

dule

d se

rvic

es p

er w

eek

for

each

rou

te.

Not

e 3

Bas

elin

e V

olum

e B

and

The

am

ount

invo

iced

by

the

Con

trac

tor

for

this

Ser

vice

in a

n O

pera

ting

Mon

th m

ust b

e ba

sed

on th

e ag

reed

Bas

elin

e V

olum

e B

and

(iden

tifie

d in

pric

e ca

tego

ry A

) w

ith n

o ad

just

men

t to

a hi

gher

or

low

er v

olum

e ba

nd u

nles

s ag

reed

to in

acc

orda

nce

with

cla

use

3.2

of S

ched

ule

4.N

ote

4A

dditi

onal

sch

edul

ed s

ervi

ce (

Pric

e ca

tego

ry B

)T

he P

rinci

pal m

ay, i

n an

y w

eek,

req

uire

(as

an

Add

ition

al S

ervi

ce)

one

or m

ore

addi

tiona

l sch

edul

ed s

ervi

ces

on th

e sa

me

day

or a

diff

eren

t day

to th

e sc

hedu

led

day,

in e

xces

s of

the

agre

ed B

asel

ine

Vol

ume

Ban

d in

pric

e ca

tego

ry A

. Thi

s sc

hedu

led

serv

ice

is b

ased

on

a re

turn

ser

vice

.T

his

situ

atio

n is

not

exp

ecte

d to

occ

ur fr

eque

ntly

, and

the

Con

trac

tor

shal

l end

eavo

ur to

com

ply

with

the

Prin

cipa

l's r

eque

st.

Not

e 5

Sch

edul

e of

Rat

es (

Pric

e ca

tego

ry C

)T

he s

ched

ule

of r

ates

will

onl

y be

app

lied

whe

re th

e P

rinci

pal h

as r

equi

red

an A

dditi

onal

Ser

vice

s an

d su

ch r

eque

st h

as b

een

agre

ed b

etw

een

the

Par

ties

in a

ccor

danc

e w

ith c

laus

e 2.

2.4

of S

ched

ule

4. T

he s

ched

ule

of r

ates

will

app

ly to

a r

eque

st w

here

the

serv

ice

requ

est i

s di

ffere

nt fr

omth

e de

fined

ser

vice

(fo

r ex

ampl

e, a

tran

sfer

from

Hak

ea p

rison

to B

room

e pr

ison

onl

y).

Not

e 6

Pric

e va

riatio

nT

he P

ricin

g T

able

is fi

xed

and

not s

ubje

ct to

rev

isio

n ex

cept

as

prov

ided

in c

laus

e 47

of t

he C

ontr

act (

Add

or

Rem

ove

Ser

vice

) an

d cl

ause

4(I

ndex

atio

n A

djus

tmen

t) o

f Sch

edul

e 3.

CO

NT

RA

CT

NO

DC

S04

0201

0P

age

162

of 2

89JU

NE

201

1

Cou

rt S

ecur

ity a

nd C

usto

dial

Ser

vice

s -

Sch

edul

e 3

Pay

men

t Mec

hani

sm

Pric

ing

Tab

le 3

Cou

rt T

rans

fers

Met

ropo

litan

Num

ber

of P

ICs

esco

rted

from

met

ropo

litan

pris

ons

to c

ourt

s in

an

Ope

ratin

g M

onth

Bas

is o

f Pric

eP

rice

Not

esA

$ (G

ST

Exc

lusi

ve)

Vol

ume

band

r

..

li

Bas

e da

te o

f pric

e is

301

June

_201

0,

Pric

e ca

tego

ry A

Fix

ed p

rice

for

serv

ice:

400

to50

0F

ixed

mon

thly

pric

e$2

86,8

52N

otes

1, 2

, 3 a

nd 5

501

to60

0F

ixed

mon

thly

pric

e$2

99,7

10N

otes

1, 2

, 3 a

nd 5

(Thi

s is

the

Bas

elin

e V

olum

e B

and

at S

ervi

ces

Com

men

cem

ent D

ate)

601

to70

0F

ixed

mon

thly

pric

e$3

12,5

68N

otes

1, 2

, 3 a

nd 5

701

to80

0F

ixed

mon

thly

pric

e$3

25,4

27N

otes

1, 2

, 3 a

nd 5

801

to90

0F

ixed

mon

thly

pric

e$3

38,2

85N

otes

1, 2

, 3 a

nd 5

901

to1,

000

Fix

ed m

onth

ly p

rice

$351

,143

Not

es 1

, 2, 3

and

51,

001

to1,

100

Fix

ed m

onth

ly p

rice

$374

,663

Not

es 1

, 2, 3

and

51,

101

to1,

200

Fix

ed m

onth

ly p

rice

$398

,183

Not

es 1

, 2, 3

and

5P

rice

cate

gory

BF

ixed

fee

for

serv

ice:

Gre

ater

than

1,2

00In

crem

enta

l fix

ed p

rice

per

PIC

esco

rted

$332

Not

es 4

and

5

Less

than

400

Incr

emen

tal f

ixed

dis

coun

t am

ount

$Nil

Not

es 4

and

5(c

redi

t) p

er P

IC e

scor

ted

Not

esN

ote

1P

rice

(i)T

he P

rice

is a

n al

l inc

lusi

ve m

onth

ly fi

xed

pric

e to

pro

vide

the

Ser

vice

as

desc

ribed

in S

ched

ule

5 an

d S

ched

ule

6 (in

par

ticul

ar c

laus

es 7

.1an

d 8

of S

ched

ule

6).

(ii)

The

Pric

e in

clud

es th

e us

e of

app

ropr

iate

mod

es o

f tra

nspo

rt h

avin

g re

gard

to c

laus

e 4

of S

ched

ule

6.(ii

i)T

he P

rice

incl

udes

sup

ervi

sion

, ove

rnig

hts

and

subs

iste

nce

cost

s (a

s re

quire

d).

(iv)

The

Pric

e in

clud

es th

e es

cort

of P

ICs:

Fro

m m

etro

polit

an p

rison

s to

cou

rts

(incl

udin

g th

e D

istr

ict C

ourt

Bui

ldin

g); a

ndF

rom

cou

rts

to m

etro

polit

an p

rison

s or

suc

h ot

her

cust

odia

l pla

ces

as d

irect

ed o

n th

e w

arra

nt (

e.g.

for

a H

ospi

tal o

rder

, the

PIC

may

be e

scor

ted

to th

e F

rank

lin C

entr

e at

Gre

y la

nds)

.N

ote

2C

ount

Cou

nt th

e nu

mbe

r of

PIC

s es

cort

ed fr

om m

etro

polit

an p

rison

s to

cou

rts

only

.

CO

NT

RA

CT

NO

DC

S04

0201

0P

age

163

of 2

89JU

NE

201

1

Cou

rt S

ecur

ity a

nd C

usto

dial

Ser

vice

s -

Sch

edul

e 3

Pay

men

t Mec

hani

sm

Num

ber

of P

ICs

esco

rted

from

met

ropo

litan

pris

ons

to c

ourt

s in

an

Ope

ratin

g M

onth

Bas

is o

f Pric

eP

rice

A$

(GS

T E

xclu

sive

)N

otes

Vol

ume

band

Bas

e da

te o

f pric

e is

30

June

201

0N

ote

3B

asel

ine

Vol

ume

Ban

dT

he a

mou

nt in

voic

ed b

y th

e C

ontr

acto

r fo

r th

is S

ervi

ce in

an

Ope

ratin

g M

onth

mus

t be

base

d on

the

agre

ed B

asel

ine

Vol

ume

Ban

d (id

entif

ied

inpr

ice

cate

gory

A)

with

no

adju

stm

ent t

o a

high

er o

r lo

wer

vol

ume

band

unl

ess

agre

ed to

in a

ccor

danc

e w

ith c

laus

e 3.

2 of

Sch

edul

e 4.

Not

e 4

Fix

ed fe

e fo

r se

rvic

e (P

rice

cate

gory

B)

Thi

s pr

ice

cate

gory

pro

vide

s an

incr

emen

tal f

ixed

:(i)

Fee

for

volu

mes

in e

xces

s of

the

max

imum

giv

en v

olum

e ba

nds

unde

r pr

ice

cate

gory

A; a

nd(ii

)D

isco

unt a

mou

nt (

cred

it) fo

r vo

lum

es b

elow

the

give

n vo

lum

e ba

nds

in p

rice

cate

gory

A.

Not

e 5

Pric

e va

riatio

nT

he P

ricin

g T

able

is fi

xed

and

not s

ubje

ct to

rev

isio

n ex

cept

as

prov

ided

in c

laus

e 47

of t

he C

ontr

act (

Add

or

Rem

ove

Ser

vice

) an

d cl

ause

4(I

ndex

atio

n A

djus

tmen

t) o

f Sch

edul

e 3.


Pag

e164 of 289

JUNE 2011

Cou

rt S

ecur

ity a

nd C

usto

dial

Ser

vice

s -

Sch

edul

e 3

Pay

men

t Mec

hani

sm

Pric

ing

Tab

le 4

Cou

rt T

rans

fers

Reg

iona

l

Num

ber

of P

ICs

esco

rted

from

reg

iona

l pris

ons

toco

urts

in a

n O

pera

ting

Mon

th

Vol

ume

band

for

Vol

ume

band

Vol

ume

band

1.-

0-10

0km

for

101-

500k

mab

ove

500k

m

Bas

is o

f Pric

eP

rice

A$

(GS

T E

xclu

sive

)N

otes

101-

Abo

ve0-

100k

m50

0km

500k

mIli

alB

ase

date

of p

ric

e is

30

June

2 0

10A

IP

rice

cate

gory

A -

Fix

ed p

rice

for

serv

ice:

0 -

500

- 10

0 -1

0(T

his

is th

eB

asel

ine

Vol

ume

Ban

d at

Ser

vice

sC

omm

ence

men

tD

ate)

Fix

ed m

onth

ly p

rice

$247

,698

$69,

539

$67,

483

Not

es 1

, 2, 3

and

5

51 -

100

11 -

20(T

his

is th

eB

asel

ine

Vol

ume

Ban

d at

Ser

vice

sC

omm

ence

men

tD

ate)

11 -

15

Fix

ed m

onth

ly p

rice

$247

,698

$139

,078

$101

,225

Not

es 1

, 2, 3

and

5

101

- 15

0(T

his

is th

eB

asel

ine

Vol

ume

Ban

d at

Ser

vice

sC

omm

ence

men

tD

ate)

21 -

30

16 -

20

Fix

ed m

onth

ly p

rice

1$2

47,6

98$2

08,6

17$1

34,9

67

Not

es 1

, 2, 3

and

5

151

- 20

031

- 4

021

- 2

5F

ixed

mon

thly

pric

e$2

47,6

98$2

78,1

57$1

68,7

08N

otes

1, 2

, 3an

d 5

201

- 25

026

- 3

0F

ixed

mon

thly

pric

e$2

47,6

98\\\

1$2

02,4

50N

otes

1, 2

, 3an

d 5

251

- 30

0F

ixed

mon

thly

pric

e$2

47,6

98k

Not

es 1

, 2, 3

and

5

301

- 35

01

Fix

ed m

onth

ly p

rice

$247

,698

Not

es 1

, 2, 3

and

5

351

- 40

0F

ixed

mon

thly

pric

e$2

47,6

98.k

,\N

otes

1, 2

, 3an

d 5

CO

NT

RA

CT

NO

DC

S04

0201

0P

age

165

of 2

89JU

NE

201

1

Cou

rt S

ecur

ity a

nd C

usto

dial

Ser

vice

s -

Sch

edul

e 3

Pay

men

t Mec

hani

sm

Num

ber

of P

ICs

esco

rted

from

reg

iona

lco

urts

in a

n O

pera

ting

Mon

th

Vol

ume

band

foV

olum

e ba

nd

0-10

Rm

k101

-500

II'

pris

ons

to

Vol

ume

band

rab

ove

500k

m

Bas

is o

f Pric

eP

rice

A$

(GS

T E

xclu

sive

)N

otes

._,

..

.

101

Abo

ve--

- --

-,-

0-10

0km

500k

m50

0km

Bas

e da

te o

f pric

e is

30

June

201

0P

rice

cate

gory

B -

Fix

ed fe

e fo

r se

rvic

e:In

crem

enta

l fix

edN

otes

4 a

nd 5

Gre

ater

than

400

Gre

ater

than

40

Gre

ater

than

30

pric

e pe

r P

ICes

cort

ed$6

19$6

,954

$6,7

48

Not

esN

ote

1T

he P

rice

(i)T

he P

rice

is a

n al

l inc

lusi

ve m

onth

ly fi

xed

pric

e to

pro

vide

the

Ser

vice

as

desc

ribed

in S

ched

ule

5 an

d S

ched

ule

6 (in

par

ticul

ar c

laus

es 7

.1an

d 8

of S

ched

ule

6).

(ii)

The

Pric

e in

clud

es th

e us

e of

app

ropr

iate

mod

es o

f tra

nspo

rt h

avin

g re

gard

to c

laus

e 4

of S

ched

ule

6.(ii

i)T

he P

rice

incl

udes

sup

ervi

sion

, ove

rnig

hts

and

subs

iste

nce

cost

s (a

s re

quire

d).

(iv)

The

Pric

e in

clud

es th

e es

cort

of P

ICs:

Fro

m r

egio

nal p

rison

s to

cou

rts;

and

Fro

m c

ourt

s to

reg

iona

l pris

ons

or s

uch

othe

r cu

stod

ial p

lace

s as

dire

cted

on

the

war

rant

.

(v)

The

Con

trac

tor

may

kee

p se

cure

esc

ort v

ehic

les

over

nigh

t and

whe

n no

t in

use

at C

lient

Age

ncy

faci

litie

s at

no

char

ge p

rovi

ded

that

the

num

ber

and

size

of v

ehic

les

can

be a

ccom

mod

ated

at t

he fa

cilit

ies.

The

re is

no

Clie

nt A

genc

y fa

cilit

y av

aila

ble

in B

room

e, th

eref

ore

the

cost

of p

arki

ng fa

cilit

ies

shal

l be

born

e by

the

Con

trac

tor.

(vi)

WA

Pol

ice

will

end

eavo

ur to

ass

ist w

here

pra

ctic

able

with

the

mov

emen

t of P

ICs

to a

nd fr

om a

irstr

ips

in r

emot

e lo

catio

ns, i

nclu

ding

thos

ere

mot

e ar

eas

that

hav

e ci

rcui

t cou

rts.

(vii)

The

Pric

e do

es n

ot in

corp

orat

e th

e lo

catio

n of

a s

ecur

e es

cort

veh

icle

in K

unun

urra

. Sho

uld

the

Prin

cipa

l req

uire

a s

ecur

e es

cort

veh

icle

tobe

bas

ed a

t thi

s lo

catio

n th

e C

ontr

acto

r ha

s as

sum

ed th

at it

will

be

supp

lied

by th

e P

rinci

pal.

If th

e P

rinci

pal r

equi

res

the

Con

trac

tor

tosu

pply

a v

ehic

le th

en th

is w

ill b

e at

an

addi

tiona

l cos

t.N

ote

2 -

Cou

nt(i)

Cou

nt o

f the

num

ber

of P

ICs

esco

rted

from

reg

iona

l pris

ons

to c

ourt

s on

ly.

(ii)

The

app

licab

le d

ista

nce

band

mus

t be

dete

rmin

ed b

ased

on

the:

shor

test

,m

ost d

irect

one-

way

road

dis

tanc

e

CO

NT

RA

CT

NO

DC

S04

0201

0P

age

166

of 2

89JU

NE

201

1

Cou

rt S

ecur

ity a

nd C

usto

dial

Ser

vice

s -

Sch

edul

e 3

Pay

men

t Mec

hani

sm

Num

ber

of P

ICs

esco

rted

cour

ts in

an

Ope

ratin

g

Vol

ume

band

fo0-

100k

m

from

reg

iona

lM

onth

Vol

ume

band

r 1

1-5

k

pris

ons

to

Vol

ume

band

'abi

lved

e-

Bas

is o

f Pric

eP

rice

A$

(GS

T E

xclu

sive

)N

otes

101-

Abo

ve-

-.

--

0-10

0km

..50

0km

500k

mB

ase

date

of p

rice

is 3

0 Ju

ne 2

010

Abe

twee

n th

e lo

catio

ns.

The

ass

umpt

ion

of r

oad

trav

el is

pur

ely

to d

eter

min

e th

e vo

lum

e ba

nd in

res

pect

of d

ista

nce

trav

elle

d an

d it

is th

e C

ontr

acto

r's r

espo

nsib

ility

to d

eter

min

e th

e m

ost a

ppro

pria

te m

ode

of tr

ansp

ort t

o de

liver

the

Ser

vice

s.N

ote

3 -

Bas

elin

e V

olum

e B

and

The

am

ount

invo

iced

by

the

Con

trac

tor

for

this

Ser

vice

in a

n O

pera

ting

Mon

th m

ust b

e ba

sed

on th

e ag

reed

Bas

elin

e V

olum

e B

and

(iden

tifie

d in

pric

e ca

tego

ry A

) w

ith n

o ad

just

men

t to

a hi

gher

or

low

er v

olum

e ba

nd u

nles

s ag

reed

to in

acc

orda

nce

with

cla

use

3.2

of S

ched

ule

4.N

ote

4 -

Fix

ed fe

e fo

r se

rvic

e (P

rice

cate

gory

B)

Thi

s pr

ice

cate

gory

pro

vide

s an

incr

emen

tal f

ixed

fee

for

volu

mes

in e

xces

s of

the

max

imum

giv

en v

olum

e ba

nds

unde

r pr

ice

cate

gory

Aac

cord

ing

to th

e di

stan

ce tr

avel

led.

Not

e 5

- P

rice

varia

tion

The

Pric

ing

Tab

le is

fixe

d an

d no

t sub

ject

to r

evis

ion

exce

pt a

s pr

ovid

ed in

cla

use

47 o

f the

Con

trac

t (A

dd o

r R

emov

e S

ervi

ce)

and

clau

se4

(Ind

exat

ion

Adj

ustm

ent)

of S

ched

ule

3.

CO

NT

RA

CT

NO

DC

S04

0201

0P

age

167

of 2

89JU

NE

201

1

Cou

rt S

ecur

ity a

nd C

usto

dial

Ser

vice

s -

Sch

edul

e 3

Pay

men

t Mec

hani

sm

Pric

ing

Tab

le 5

Lock

Up

Cle

aran

ces

Met

ropo

litan

Num

ber

of P

ICs

esco

rted

from

spe

cifie

dB

asis

of P

rice

Pric

eN

otes

met

ropo

litan

Loc

k U

ps to

met

ropo

litan

A$

(GS

T E

xclu

sive

)co

urts

/pris

ons

in a

n O

pera

ting

Mon

th__

em

e ba

.-..

_

...

.B

ase

date

of p

rice

is. J

une

2010

-.

Pric

e ca

tego

ry A

- F

ixed

pric

e fo

r se

rvic

e:0

to10

0F

ixed

mon

thly

pric

e$2

9,85

7N

otes

1, 2

, 3 a

nd 6

101

to25

0F

ixed

mon

thly

pric

e$3

6,24

4N

otes

1, 2

, 3 a

nd 6

251

to40

0F

ixed

mon

thly

pric

e$3

6,24

4N

otes

1, 2

, 3 a

nd 6

(Thi

s is

the

Bas

elin

e V

olum

e B

and

at S

ervi

ces

Com

men

cem

ent D

ate)

401

to55

0F

ixed

mon

thly

pric

e$3

6,24

4N

otes

1, 2

, 3 a

nd 6

551

to70

0F

ixed

mon

thly

pric

e$4

9,00

1N

otes

1, 2

, 3 a

nd 6

Pric

e ca

tego

ry B

- F

ixed

fee

for

serv

ice:

Gre

ater

than

700

Incr

emen

tal f

ixed

pric

e pe

r P

ICm

oved

$70

Not

es 4

and

6

Pric

e ca

tego

ry C

- S

ched

ule

of R

ates

Req

uest

for

an A

dditi

onal

Ser

vice

by a

Clie

nt A

genc

yS

ee P

ricin

g T

able

No.

16

Not

e 5

Not

esN

ote

1 -

Pric

e(i)

The

Pric

e is

an

all i

nclu

sive

mon

thly

fixe

d pr

ice

to p

rovi

de th

e S

ervi

ce a

s de

scrib

ed in

Sch

edul

e 5

and

Sch

edul

e 6

(in p

artic

ular

cla

uses

7.3

and

8 of

Sch

edul

e 6)

.(ii

)S

peci

fied

Met

ropo

litan

Loc

k U

ps in

clud

e:0

Per

th W

atch

Hou

se c

lear

ance

s; a

ndo

Eas

t Per

th M

agis

trat

e C

ourt

cle

aran

ces.

(iii)

The

Pric

e in

clud

es th

e us

e of

app

ropr

iate

mod

es o

f tra

nspo

rt h

avin

g re

gard

to c

laus

e 4

of S

ched

ule

6.(iv

)T

he P

rice

incl

udes

sup

ervi

sion

, ove

rnig

hts

and

subs

iste

nce

cost

s (a

s re

quire

d).

Not

e 2

- C

ount

(i) C

ount

the

num

ber

of P

ICs

esco

rted

from

spe

cifie

d m

etro

polit

an L

ock

Ups

to th

e C

ourt

Cus

tody

Cen

tre

at m

etro

polit

an c

ourt

s;an

d(ii

)Cou

nt th

e nu

mbe

r of

PIC

s es

cort

ed fr

om s

peci

fied

met

ropo

litan

Loc

k U

ps to

met

ropo

litan

pris

ons.

Thi

s in

clud

es w

arra

nt o

f com

mitm

ent,

retu

rn to

pris

on o

rder

or

brea

ch o

f par

ole

situ

atio

ns.

CO

NT

RA

CT

NO

DC

S04

0201

0P

age

168

of 2

89JU

NE

201

1

Cou

rt S

ecur

ity a

nd C

usto

dial

Ser

vice

s -

Sch

edul

e 3

Pay

men

t Mec

hani

sm

Num

ber

of P

ICs

esco

rted

from

spe

cifie

dm

etro

polit

an L

ock

Ups

to m

etro

polit

anco

urts

/ ris

ons

in a

n 0

erat

in M

onth

Bas

is o

f Pric

eP

rice

A$

(GS

T E

xclu

sive

)N

otes

Vol

ume

band

Ak

Bas

e da

te o

f pric

e is

30

June

201

0N

ote

3B

asel

ine

Vol

ume

Ban

dT

he a

mou

nt in

voic

ed b

y th

e C

ontr

acto

r fo

r th

is S

ervi

ce in

an

Ope

ratin

g M

onth

mus

t be

base

d on

the

agre

ed B

asel

ine

Vol

ume

Ban

d (id

entif

ied

inpr

ice

cate

gory

A)

with

no

adju

stm

ent t

o a

high

er o

r lo

wer

vol

ume

band

unl

ess

agre

ed to

in a

ccor

danc

e w

ith c

laus

e 3.

2 of

Sch

edul

e 4.

Not

e 4

Fix

ed fe

e fo

r se

rvic

e (P

rice

cate

gory

B)

Thi

s pr

ice

cate

s or

prov

ides

an

incr

emen

tal f

ixed

fee

for

volu

mes

in e

xces

s of

the

max

imum

giv

en v

olum

e ba

nds

unde

r pr

ice

cate

por

A.

Not

e 5

Sch

edul

e of

Rat

es (

Pric

e ca

tego

ry C

)T

he s

ched

ule

of r

ates

will

onl

y be

app

lied

whe

re th

e P

rinci

pal h

as r

equi

red

an A

dditi

onal

Ser

vice

s an

d su

ch r

eque

st h

as b

een

agre

ed b

etw

een

the

Par

ties

in a

ccor

danc

e w

ith c

laus

e 2.

2.4

of S

ched

ule

4. T

he s

ched

ule

of r

ates

will

app

ly to

a r

eque

st w

here

the

serv

ice

requ

est i

s di

ffere

nt fr

omth

e de

fined

ser

vice

.N

ote

6P

rice

varia

tion

The

Pric

ing

Tab

le is

fixe

d an

d no

t sub

ject

to r

evis

ion

exce

pt a

s pr

ovid

ed in

cla

use

47 o

f the

Con

trac

t (A

dd o

r R

emov

e S

ervi

ce)

and

clau

se4

Inde

xatio

n A

d'us

tmen

t of S

ched

ule

3.

CO

NT

RA

CT

NO

DC

S04

0201

0P

age

169

of 2

89JU

NE

201

1

Cou

rt S

ecur

ity a

nd C

usto

dial

Ser

vice

s -

Sch

edul

e 3

Pay

men

t Mec

hani

sm

Pric

ing

Tab

le 6

Lock

Up

clea

ranc

es R

egio

nal

Num

ber

of r

etur

n tr

ips

from

spe

cifie

dLo

ck U

ps to

pris

ons

in a

n O

pera

ting

Vol

ume

Vol

ume

band

band

for

050

km'

for

51-5

00km

regi

onal

Bas

is o

f Pric

eM

onth

Pric

e A

$ (G

ST

Exc

lusi

ve)

Not

es

51-5

00km

Abo

ve 5

00km

Bas

e da

te o

f pric

e is

30

June

20.1

1:t

.

Vol

ume

band

for

abov

e 50

0km

._P

rice

cate

sory

A -

Fix

ed p

rice

for

serv

ice:

0 -1

0(T

his

is th

eB

asel

ine

Vol

ume

Ban

d at

Ser

vice

sC

omm

ence

men

tD

ate)

0It

(Thi

s is

the

Bas

elin

eV

olum

e B

and

atS

ervi

ces

Com

men

cem

ent

Dat

e)

1111

1*F

ixed

mon

thly

pric

e$1

30,1

20$1

23,7

33N

otes

1, 2

, 3 a

nd6

11 -

15

11 -

15

Fix

ed m

onth

ly p

rice

$195

,180

$185

,600

Not

es 1

, 2, 3

and

6

16 -

20

16 -

20

Fix

ed m

onth

ly p

rice

$260

,240

$247

,467

Not

es 1

, 2, 3

and

6

21 -

25

21 -

25

Fix

ed m

onth

ly p

rice

$325

,300

$309

,334

Not

es 1

, 2, 3

and

6

Pric

e ca

tego

ry B

- F

ixed

fee

for

serv

ice:

N \Gre

ater

than

25

retu

rn tr

ips

Gre

ater

than

25

retu

rn tr

ips

Incr

emen

tal f

ixed

pric

e pe

rre

turn

trip

$13,

012

$12,

373

Not

es 4

and

6

Pric

e ca

tego

ry C

- S

ched

ule

of R

ates

Req

uest

for

an A

dditi

onal

Ser

vice

by

a C

lient

Age

ncy

See

Pric

ing

Tab

le N

o. 1

6N

ote

5

Not

esN

ote

1 -

Pric

e(i)

The

Pric

e is

an

all i

nclu

sive

mon

thly

fixe

d pr

ice

to p

rovi

de th

e S

ervi

ce, o

n a

24 h

our

7 da

y a

wee

k ba

sis,

as

desc

ribed

inS

ched

ule

5 an

dS

ched

ule

6 (in

par

ticul

ar c

laus

es 7

.3 a

nd 8

of S

ched

ule

6).

(ii)

Spe

cifie

d re

gion

al L

ock

Ups

(hu

bs')

mea

ns th

ose

loca

tions

as

set o

ut in

cla

use

7.3

of S

ched

ule

6 (in

clud

ing

Hub

cle

aran

ces

for

the

Whe

atbe

lt di

stric

t to

met

ropo

litan

pris

ons

as s

et o

ut in

Tab

le 3

of S

ched

ule

6).

(iii)

The

Pric

e in

clud

es th

e us

e of

app

ropr

iate

mod

es o

f tra

nspo

rt h

avin

g re

gard

to c

laus

e 4

of S

ched

ule

6.(iv

)T

he P

rice

incl

udes

sup

ervi

sion

, ove

rnig

hts

and

subs

iste

nce

cost

s (a

s re

quire

d).

(v)

If th

e C

ontr

acto

r ag

rees

to c

olle

ct th

e P

IC fr

om th

e or

igin

atin

g P

olic

e Lo

ck U

p an

d no

t the

spe

cifie

d re

gion

al L

ock

Up

('hub

'), th

en th

is w

illbe

don

e at

no

extr

a co

st to

the

Clie

nt A

genc

y un

less

oth

erw

ise

agre

ed.

CO

NT

RA

CT

NO

DC

S04

0201

0P

age

170

of 2

89JU

NE

201

1

Cou

rt S

ecur

ity a

nd C

usto

dial

Ser

vice

s -

Sch

edul

e 3

Pay

men

t Mec

hani

sm

Not

e 2

Cou

nt(I

)C

ount

the

num

ber

of r

etur

n tr

ips

from

spe

cifie

d re

gion

al L

ock

Up

('hub

s')

to p

rison

s.(ii

)A

mov

emen

t fro

m a

spe

cifie

d re

gion

al L

ock

Up

('hub

') on

a c

ourt

sitt

ing

day,

whe

re th

e C

ontr

acto

r is

alre

ady

on s

ite o

r re

quire

d to

be

onsi

te fo

r th

e pu

rpos

e of

a P

erso

n in

Cus

tody

atte

ndin

g co

urt,

will

be

coun

ted

as a

Cou

rt T

rans

fer

(ex-

cour

t) a

nd n

ot a

s a

Lock

Up

clea

ranc

e(e

x-lo

ckup

).F

or e

xam

ple,

PIC

A to

be

esco

rted

from

Bro

ome

Pris

on to

Der

by C

ourt

(an

d ba

ck)

for

a co

urt a

ppea

ranc

e, a

nd P

IC B

from

Der

by L

ock

Up

to B

room

e P

rison

for

an o

utst

andi

ng w

arra

nt o

f arr

est.

If P

ICs

B e

scor

t tak

es p

lace

on

the

day

that

the

Der

by c

ourt

issi

tting

then

this

will

be

coun

ted

as a

Cou

rt T

rans

fer

and

not a

Loc

k U

p cl

eara

nce.

(iii)

The

app

licab

le d

ista

nce

band

mus

t be

dete

rmin

ed b

ased

on

the:

shor

test

,m

ost d

irect

one-

way

road

dis

tanc

ebe

twee

n th

e lo

catio

ns.

The

ass

umpt

ion

of r

oad

trav

elis

pur

ely

to d

eter

min

e th

e vo

lum

e ba

nd in

res

pect

of d

ista

nce

trav

elle

d an

d it

is th

e C

ontr

acto

r'sre

spon

sibi

lity

to d

eter

min

e th

e m

ost a

ppro

pria

te m

ode

of tr

ansp

ort t

o de

liver

the

Ser

vice

s.N

ote

3B

asel

ine

Vol

ume

Ban

dT

he a

mou

nt in

voic

ed b

y th

e C

ontr

acto

r fo

r th

is S

ervi

ce in

an

Ope

ratin

g M

onth

mus

t be

base

d on

the

agre

ed B

asel

ine

Vol

ume

Ban

d (id

entif

ied

inpr

ice

cate

gory

A)

with

no

adju

stm

ent t

o a

high

er o

r lo

wer

vol

ume

band

unl

ess

agre

ed to

in a

ccor

danc

e w

ith c

laus

e 3.

2 of

Sch

edul

e 4.

Not

e 4

Fix

ed fe

e fo

r se

rvic

e (P

rice

cate

gory

B)

Thi

s pr

ice

cate

gory

pro

vide

s an

incr

emen

tal f

ixed

fee

for

volu

mes

in e

xces

s of

the

max

imum

giv

en v

olum

e ba

nds

unde

r pr

ice

cate

gory

A,

acco

rdin

g to

dis

tanc

e tr

avel

led.

Not

e 5

Sch

edul

e of

Rat

es (

Pric

e ca

tego

ry C

)T

he s

ched

ule

of r

ates

will

onl

y be

app

lied

whe

re th

e P

rinci

pal h

as r

equi

red

an A

dditi

onal

Ser

vice

s an

d su

ch r

eque

st h

as b

een

agre

ed b

etw

een

the

Par

ties

in a

ccor

danc

e w

ith c

laus

e 2.

2.4

of S

ched

ule

4. T

he s

ched

ule

of r

ates

will

app

ly to

a r

eque

st w

here

the

serv

ice

requ

est i

s di

ffere

nt fr

omth

e de

fined

ser

vice

.N

ote

6P

rice

varia

tion

The

Pric

ing

Tab

le is

fixe

d an

d no

t sub

ject

to r

evis

ion

exce

pt a

s pr

ovid

ed in

cla

use

47 o

f the

Con

trac

t (A

dd o

r R

emov

e S

ervi

ce)

and

clau

se4

(Ind

exat

ion

Adj

ustm

ent)

of S

ched

ule

3.

CO

NT

RA

CT

NO

DC

S04

0201

0P

age

171

of 2

89JU

NE

201

1

Cou

rt S

ecur

ity a

nd C

usto

dial

Ser

vice

s -

Sch

edul

e 3

Pay

men

t Mec

hani

sm

Atta

chm

ent 1

.2 to

Sch

edul

e 3

Cou

rt S

ecur

ity a

nd C

usto

dy S

ervi

ces

Pric

ing

Tab

les

Pric

ing

Tab

le 7

Cou

rt S

ecur

ity S

ervi

ces

Met

ropo

litan

Num

ber

of C

ourt

room

sitt

ing

days

for

spec

ified

met

ropo

litan

cou

rts

in a

n O

pera

ting

Mon

thV

olum

e ba

n

Bas

is o

f Pric

eP

rice

A$

(GS

T E

xclu

sive

)--

--

--

Bas

e da

te o

f pric

e is

30

Jun

B

111

1111

1111

0111

1111

1111

1111

1120

10ik

.

Not

es

Pric

e ca

tego

ry A

-F

ixed

pric

e fo

r se

rvic

e:0

to40

0F

ixed

mon

thly

pric

e$6

27,0

90N

otes

1, 2

, 3 a

nd(T

his

is th

e B

asel

ine

Vol

ume

Ban

d at

Ser

vice

s6

Com

men

cem

ent D

ate)

401

to42

5F

ixed

mon

thly

pric

e$6

56,4

32N

otes

1, 2

, 3 a

nd6

426

to45

0F

ixed

mon

thly

pric

e$6

85,7

73N

otes

1, 2

, 3 a

nd6

451

to47

5F

ixed

mon

thly

pric

e$7

15,1

15N

otes

1, 2

, 3 a

nd6

476

to50

0F

ixed

mon

thly

pric

e$7

44,4

57N

otes

1, 2

, 3 a

nd6

Pric

e ca

tego

ry B

- F

ixed

fee

for

serv

ice:

Incr

emen

tal f

ixed

pric

e pe

r$1

,489

Not

es 4

and

6G

reat

er th

an 5

00C

ourt

room

sitt

ing

day

Pric

e ca

tego

ry C

- S

ched

ule

of R

ates

Req

uest

for

Add

ition

alS

ee P

ricin

g T

able

No.

15

Not

e 5

Ser

vice

by

a C

lient

Age

ncy

Not

esN

ote

1 -

Pric

e(i)

The

Pric

e is

an

all i

nclu

sive

mon

thly

fixe

d pr

ice

to p

rovi

de th

e S

ervi

ce a

s de

scrib

ed in

Sch

edul

e 5

and

Sch

edul

e 7.

(ii)

Spe

cifie

d m

etro

polit

an c

ourt

s m

eans

thos

e lo

catio

ns a

s se

t out

in c

laus

e 17

.1 o

f Sch

edul

e 7.

Not

e 2

- C

ount

(i)T

he d

ay a

nd ti

me

of th

e co

urt h

earin

g is

not

rel

evan

t to

dete

rmin

ing

the

num

ber

of C

ourt

room

sitt

ing

days

. Add

ition

al/e

xten

ded

cour

tsi

tting

out

side

of '

norm

al s

ittin

g tim

es' o

r 'n

orm

al s

ittin

g da

ys' m

ay o

ccur

from

tim

e to

tim

e an

d ar

e in

clud

ed in

the

Pric

e.

(ii)

The

num

ber

of C

ourt

room

sitt

ing

days

for

the

purp

ose

of th

e pr

icin

g ba

nds

only

incl

udes

crim

inal

cou

rt h

earin

gs, h

owev

er in

acc

orda

nce

with

the

Ser

vice

Spe

cific

atio

ns a

ll ju

dici

al a

ctiv

ity (

othe

r he

arin

gs)

need

to b

e se

rvic

ed b

y th

e C

ontr

acto

r (b

ut a

re n

ot to

be

coun

ted

for

the

purp

ose

ofes

tabl

ishi

ng th

e ap

plic

able

Bas

elin

e V

olum

e B

and)

.


Pag

e172 of 289

JUNE 2011

Cou

rt S

ecur

ity a

nd C

usto

dial

Ser

vice

s -

Sch

edul

e 3

Pay

men

t Mec

hani

sm

(iii)

The

cou

nt fo

r C

ourt

room

sitt

ing

days

is b

ased

on:

The

num

ber

of C

ourt

room

s us

ed d

urin

g th

e O

pera

ting

Mon

th fo

r cr

imin

al c

ourt

hea

rings

onl

y.A

roo

m u

sed

as a

cou

rt fo

r a

crim

inal

cou

rt h

earin

g is

to b

e in

clud

ed in

the

coun

t.C

rimin

al m

atte

rs d

ealt

with

by

a ju

dici

al o

ffice

r vi

a vi

deo

link

from

ano

ther

cou

rt lo

catio

n is

to b

e in

clud

ed in

the

coun

t but

will

equa

te to

1 C

ourt

room

sitt

ing

day.

(iv)

The

cou

ntin

g ru

les

are

base

d on

the

num

ber

of ju

dici

al o

ffice

rs a

nd th

e nu

mbe

r of

Cou

rtro

oms

used

for

crim

inal

cou

rt h

earin

gs:

If m

ore

than

1 ju

dici

al o

ffice

r at

tend

the

sam

e co

urt h

earin

g th

is w

ill b

e co

unte

d as

1 C

ourt

room

sitt

ing

day.

If th

e sa

me

Cou

rtro

om is

use

d on

a d

ay fo

r m

ore

than

one

cou

rt h

earin

g th

is w

ill b

e co

unte

d as

1 C

ourt

room

sitt

ing

day,

rega

rdle

ss o

f whe

ther

diff

eren

t jud

icia

l offi

cers

are

invo

lved

(e.

g. C

ourt

room

1 is

use

d by

Jud

ges

A, B

and

C fr

om 9

-10;

and

by

Judg

e B

from

11-

12).

If th

e sa

me

judi

cial

offi

cer

use

mul

tiple

Cou

rtro

oms

on th

e sa

me

day

this

will

be

coun

ted

as 1

Cou

rtro

om s

ittin

g da

y (e

.g. J

udge

Aus

e C

ourt

room

1 fr

om 9

-10;

and

then

use

Cou

rtro

om 2

from

10-

11)

If di

ffere

nt ju

dici

al o

ffice

rs u

se d

iffer

ent C

ourt

room

s on

the

sam

e da

y th

is w

ill b

e co

unte

d as

2 C

ourt

room

sitt

ing

days

(e.

g. J

udge

A u

se C

ourt

room

1 fr

om 9

-10;

and

Jud

ge B

use

Cou

rtro

om 2

from

10-

11 a

nd c

ourt

room

1 fr

om 1

1-12

).If

diffe

rent

judi

cial

offi

cers

use

diff

eren

t Cou

rtro

oms

on th

e sa

me

day

this

will

be

coun

ted

as 2

Cou

rtro

om s

ittin

g da

ys w

here

the

Con

trac

t Wor

kers

are

req

uire

d to

com

plet

e pr

e an

d po

st c

ourt

sitt

ing

prep

arat

ion

in a

ccor

danc

e w

ith th

e S

ervi

ce R

equi

rem

ents

(e.g

. Jud

ge A

use

Cou

rtro

om 1

from

9-1

0; a

nd J

udge

B u

se C

ourt

room

2 fr

om 1

0-11

).N

ote

3B

asel

ine

Vol

ume

Ban

dT

he a

mou

nt in

voic

ed b

y th

e C

ontr

acto

r fo

r th

is S

ervi

ce in

an

Ope

ratin

g M

onth

mus

t be

base

d on

the

agre

ed B

asel

ine

Vol

ume

Ban

d (id

entif

ied

in p

rice

cate

gory

A)

with

no

adju

stm

ent t

o a

high

er o

r lo

wer

vol

ume

band

unl

ess

agre

ed to

in a

ccor

danc

e w

ith c

laus

e 3.

2 of

Sch

edul

e 4.

Not

e 4

Fix

ed fe

e fo

r se

rvic

e (P

rice

cate

gory

B)

Thi

s pr

ice

cate

gory

pro

vide

s an

incr

emen

tal f

ixed

fee

for

volu

mes

in e

xces

s of

the

max

imum

giv

en v

olum

e ba

nd u

nder

pric

e ca

tego

ry A

.N

ote

5S

ched

ule

of R

ates

(P

rice

cate

gory

C)

The

sch

edul

e of

rat

es w

ill o

nly

be a

pplie

d w

here

a C

lient

Age

ncy

has

requ

ired

an A

dditi

onal

Ser

vice

s an

d su

ch r

eque

st h

as b

een

agre

edbe

twee

n th

e P

artie

s in

acc

orda

nce

with

cla

use

2.2.

4 of

Sch

edul

e 4.

The

sch

edul

e of

rat

es w

ill a

pply

to a

req

uest

whe

re th

e se

rvic

e re

ques

t is

diffe

rent

from

the

scop

e in

clud

ed in

the

Ser

vice

Req

uire

men

ts.

The

Sch

edul

e of

Rat

e w

ill n

ot a

pply

to e

xten

ded

cour

t sitt

ings

bey

ond

the

norm

al c

ourt

sitt

ing

times

. The

Sch

edul

e of

Rat

es m

ay b

e ap

plic

able

whe

re e

xten

ded

cour

t sitt

ing

hour

s ha

ve b

ecom

e a

regu

lar

occu

rren

ce a

t a p

artic

ular

loca

tion,

but

onl

y if

agre

ed to

by

a C

lient

Age

ncy.

Not

e 6

Pric

e va

riatio

nT

he P

ricin

g T

able

is fi

xed

and

not s

ubje

ct to

rev

isio

n ex

cept

as

prov

ided

in c

laus

e 47

of t

he C

ontr

act (

Add

or

Rem

ove

Ser

vice

) an

d cl

ause

4(I

ndex

atio

n A

djus

tmen

t) o

f Sch

edul

e 3.

CO

NT

RA

CT

NO

DC

S04

0201

0P

age

173

of 2

89JU

NE

201

1

Cou

rt S

ecur

ity a

nd C

usto

dial

Ser

vice

s -

Sch

edul

e 3

Pay

men

t Mec

hani

sm

Pric

ing

Tab

le 8

Cou

rt S

ecur

ity S

ervi

ces

Reg

iona

lN

umbe

r of

Cou

rtro

om s

ittin

g da

ys fo

rB

asis

of P

rice

Pric

eN

otes

spec

ified

reg

iona

l cou

rts

in a

n O

pera

ting

A$

(GS

T E

xclu

sive

)M

onth

Vol

ume

1da

te o

f pric

e is

30,

use

20,

....

......

._._

.

Pric

e ca

tego

ry A

- F

ixed

pric

e fo

r se

rvic

e:0

to30

0F

ixed

mon

thly

pric

e$5

04,3

29N

otes

1, 2

, 3 a

nd(T

his

is th

e B

asel

ine

Vol

ume

Ban

d at

Ser

vice

s6

Com

men

cem

ent D

ate)

301

to32

5F

ixed

mon

thly

pric

e$5

39,9

55N

otes

1, 2

, 3 a

nd6

326

to35

0F

ixed

mon

thly

pric

e$5

75,5

80N

otes

1, 2

, 3 a

nd6

351

to37

5F

ixed

mon

thly

pric

e$6

11,2

06N

otes

1, 2

, 3 a

nd6

376

to40

0F

ixed

mon

thly

pric

e$6

46,8

31N

otes

1, 2

, 3 a

nd6

Pric

e ca

tego

ry B

- F

ixed

fee

for

serv

ice:

Incr

emen

tal f

ixed

pric

e pe

r$1

,617

Not

es 4

and

6G

reat

er th

an 4

00C

ourt

room

sitt

ing

day

Pric

e ca

tego

ry C

- S

ched

ule

of R

ates

Req

uest

for

Add

ition

al S

ervi

ce b

y a

See

Pric

ing

Tab

le N

o. 1

5N

ote

5C

lient

Age

ncy

Not

esN

ote

1 -

Pric

e(i)

The

Pric

e is

an

all i

nclu

sive

mon

thly

fixe

d pr

ice

to p

rovi

de th

e S

ervi

ce a

s de

scrib

ed in

Sch

edul

e 5

and

Sch

edul

e7.

(ii)S

peci

fied

regi

onal

cou

rts

mea

ns th

ose

loca

tions

as

set o

ut in

cla

use

17.1

of S

ched

ule

7.N

ote

2 -

Cou

nt(i)

The

day

and

tim

e of

the

cour

t hea

ring

is n

ot r

elev

ant t

o de

term

inin

g th

e nu

mbe

r of

Cou

rtro

om s

ittin

g da

ys. A

dditi

onal

/ext

ende

d co

urt

sitti

ng o

utsi

de o

f 'no

rmal

sitt

ing

times

' or

'nor

mal

sitt

ing

days

' may

occ

ur fr

om ti

me

totim

e an

d ar

e in

clud

ed in

the

Pric

e.

(ii)

The

num

ber

of C

ourt

room

sitt

ing

days

for

the

purp

ose

of th

e pr

icin

g ba

nds

only

incl

udes

crim

inal

cou

rt h

earin

gs, h

owev

er in

acc

orda

nce

with

the

Ser

vice

Spe

cific

atio

ns a

ll ju

dici

al a

ctiv

ity (

othe

r he

arin

gs)

need

to b

e se

rvic

ed b

y th

e C

ontr

acto

r (b

ut a

re n

ot to

be

coun

ted

for

the

purp

ose

of e

stab

lishi

ng th

e ap

plic

able

Bas

elin

e V

olum

e B

and)

.(ii

i)T

he c

ount

for

Cou

rtro

om s

ittin

g da

ys is

bas

ed o

n:T

he n

umbe

r of

Cou

rtro

oms

used

dur

ing

the

Ope

ratin

g M

onth

for

crim

inal

cou

rt h

earin

gs o

nly.

CO

NT

RA

CT

NO

DC

S04

0201

0P

age

174

of 2

89JU

NE

201

1

Cou

rt S

ecur

ity a

nd C

usto

dial

Ser

vice

s -

Sch

edul

e 3

Pay

men

t Mec

hani

sm

A r

oom

use

d as

a c

ourt

for

a cr

imin

al c

ourt

hea

ring

is to

be

incl

uded

in th

e co

unt.

Crim

inal

mat

ters

dea

lt w

ith b

y a

judi

cial

offi

cer

via

vide

o lin

k fr

om a

noth

er c

ourt

loca

tion

is to

be

incl

uded

in th

e co

unt b

ut w

illeq

uate

to 1

Cou

rtro

om s

ittin

g da

y.(iv

)T

he c

ount

ing

rule

s ar

e ba

sed

on th

e nu

mbe

r of

judi

cial

offi

cers

and

the

num

ber

of C

ourt

room

s us

ed fo

r cr

imin

al c

ourt

hea

rings

:If

mor

e th

an 1

judi

cial

offi

cer

atte

nd th

e sa

me

cour

t hea

ring

this

will

be

coun

ted

as 1

Cou

rtro

om s

ittin

g da

y.If

the

sam

e C

ourt

room

is u

sed

on a

day

for

mor

e th

an o

ne c

ourt

hea

ring

this

will

be

coun

ted

as 1

Cou

rtro

om s

ittin

g da

y,re

gard

less

of w

heth

er d

iffer

ent j

udic

ial o

ffice

rs a

re in

volv

ed (

e.g.

Cou

rtro

om 1

is u

sed

by J

udge

s A

, B a

nd C

from

9-1

0; a

nd b

yJu

dge

B fr

om 1

1-12

).If

the

sam

e ju

dici

al o

ffice

r us

e m

ultip

le C

ourt

room

s on

the

sam

e da

y th

is w

ill b

e co

unte

d as

1 C

ourt

room

sitt

ing

day

(e.g

. Jud

ge A

use

Cou

rtro

om 1

from

9-1

0; a

nd th

en u

se C

ourt

room

2 fr

om 1

0-11

).If

diffe

rent

judi

cial

offi

cers

use

diff

eren

t Cou

rtro

oms

on th

e sa

me

day

this

will

be

coun

ted

as 2

Cou

rtro

om s

ittin

g da

ys (

e.g.

Jud

geA

use

Cou

rtro

om fr

om 9

-10;

and

Jud

ge B

use

Cou

rtro

om 2

from

10-

11 a

nd C

ourt

room

1 fr

om 1

1-12

).If

diffe

rent

judi

cial

offi

cers

use

diff

eren

t Cou

rtro

oms

on th

e sa

me

day

this

will

be

coun

ted

as 2

Cou

rtro

om s

ittin

g da

ys w

here

the

Con

trac

t Wor

kers

are

req

uire

d to

com

plet

e pr

e an

d po

st c

ourt

sitt

ing

prep

arat

ion

in a

ccor

danc

e w

ith th

e S

ervi

ce R

equi

rem

ents

(e.g

. Jud

ge A

use

Cou

rtro

om 1

from

9-1

0; a

nd J

udge

B u

se C

ourt

room

2 fr

om 1

0-11

).

Not

e 3

Bas

elin

e V

olum

e B

and

The

am

ount

invo

iced

by

the

Con

trac

tor

for

this

Ser

vice

in a

n O

pera

ting

Mon

th m

ust b

e ba

sed

on th

e ag

reed

Bas

elin

e V

olum

e B

and

(iden

tifie

din

pric

e ca

tego

ry A

) w

ith n

o ad

just

men

t to

a hi

gher

or

low

er v

olum

e ba

nd u

nles

s ag

reed

to in

acc

orda

nce

with

cla

use

3.2

of S

ched

ule

4.N

ote

4F

ixed

fee

for

serv

ice

(Pric

e ca

tego

ry B

)T

his

pric

e ca

tego

ry p

rovi

des

an in

crem

enta

l fix

ed fe

e fo

r vo

lum

es in

exc

ess

of th

e m

axim

um g

iven

vol

ume

band

und

er p

rice

cate

gory

A.

Not

e 5

Sch

edul

e of

Rat

es (

Pric

e ca

tego

ry C

)T

he s

ched

ule

of r

ates

will

onl

y be

app

lied

whe

re a

Clie

nt A

genc

y ha

s re

quire

d an

Add

ition

al S

ervi

ces

and

such

req

uest

has

bee

n ag

reed

betw

een

the

Par

ties

in a

ccor

danc

e w

ith c

laus

e 2.

2.4

of S

ched

ule

4. T

he s

ched

ule

of r

ates

will

app

ly to

a r

eque

st w

here

the

serv

ice

requ

est i

sdi

ffere

nt fr

om th

e sc

ope

incl

uded

in th

e S

ervi

ce R

equi

rem

ents

.

The

Sch

edul

e of

Rat

e w

ill n

ot a

pply

to e

xten

ded

cour

t sitt

ings

bey

ond

the

norm

al c

ourt

sitt

ing

times

. The

Sch

edul

e of

Rat

es m

aybe

app

licab

lew

here

ext

ende

d co

urt s

ittin

g ho

urs

have

bec

ome

a re

gula

r oc

curr

ence

at a

par

ticul

ar lo

catio

n, b

ut o

nly

if ag

reed

to b

y a

Clie

nt A

genc

y.N

ote

6P

rice

varia

tion

The

Pric

ing

Tab

le is

fixe

d an

d no

t sub

ject

to r

evis

ion

exce

pt a

s pr

ovid

ed in

cla

use

47 o

f the

Con

trac

t (A

dd o

r R

emov

e S

ervi

ce)

and

clau

se 4

(Ind

exat

ion

Adj

ustm

ent)

of S

ched

ule

3.

CO

NT

RA

CT

NO

DC

S04

0201

0P

age

175

of 2

89JU

NE

201

1

Cou

rt S

ecur

ity a

nd C

usto

dial

Ser

vice

s -

Sch

edul

e 3

Pay

men

t Mec

hani

sm

Pric

ing

Tab

le 9

Cus

tody

Ser

vice

s M

etro

polit

anN

umbe

r of

PIC

s m

anag

ed th

roug

h th

e sp

ecifi

edB

asis

of P

rice

Pric

eN

otes

met

ropo

litan

Cou

rt C

usto

dy C

entr

es in

an

Ope

ratin

gA

$ (G

ST

Exc

lusi

ve)

Mon

thV

olum

e ba

nd._

.,

Bas

e da

te o

f pric

e is

30

..._.

.Ju

ne,2

111.

0P

rice

cate

gory

A -

Fix

ed p

rice

for

serv

ice:

0 to

350

Fix

ed m

onth

ly p

rice

$144

,817

Not

es 1

, 2, 3

and

6

351

to45

0F

ixed

mon

thly

pric

e$1

44,8

17N

otes

1, 2

, 3 a

nd 6

(Thi

s is

the

Bas

elin

e V

olum

e B

and

at S

ervi

ces

Com

men

cem

ent D

ate)

451

to55

0F

ixed

mon

thly

pric

e$1

44,8

17N

otes

1, 2

, 3 a

nd 6

551

to65

0F

ixed

mon

thly

pric

e$1

44,8

17N

otes

1, 2

, 3 a

nd 6

651

to75

0F

ixed

mon

thly

pric

e$1

44,8

17N

otes

1, 2

, 3 a

nd 6

751

to85

0F

ixed

mon

thly

pric

e$1

64,4

19N

otes

1, 2

, 3 a

nd 6

Pric

e ca

tego

ry B

- F

ixed

fee

for

serv

ice:

Gre

ater

than

850

Incr

emen

tal f

ixed

pric

e pe

rP

IC m

anag

ed$1

93N

otes

4 a

nd 6

Pric

e ca

tego

ry C

- S

ched

ule

of R

ates

Req

uest

for

Add

ition

alS

ervi

ce b

y a

Clie

nt A

genc

yS

ee P

ricin

g T

able

No.

15

Not

e 5

Not

esN

ote

1 -

Pric

e(i)

The

Pric

e is

an

all i

nclu

sive

mon

thly

fixe

d pr

ice

to p

rovi

de th

e S

ervi

ce a

s de

scrib

ed in

Sch

edul

e 5

and

Sch

edul

e 8.

(ii)

Spe

cifie

d m

etro

polit

an C

ourt

Cus

tody

Cen

tres

mea

n th

ose

loca

tions

as

set o

ut in

cla

use

11 o

fSch

edul

e 8.

Not

e 2

Cou

nt(i)

The

cou

nt is

bas

ed o

n ea

ch P

IC, b

y na

me,

man

aged

by

the

Con

trac

tor

in a

Cou

rt C

usto

dy C

entr

e fo

r th

e pu

rpos

e of

atte

ndan

ce o

rha

ving

atte

nded

a c

ourt

hea

ring

at th

at C

ourt

.(ii

)P

ICs

incl

ude

any

pers

on th

at th

e C

ontr

acto

r is

req

uire

d to

man

age

in a

spe

cifie

d C

ourt

Cus

tody

Cen

tre,

and

incl

ude:

®B

aile

es; a

nd®

Per

sons

del

iver

ed to

the

Cou

rt C

usto

dy C

entr

e by

a p

arty

oth

er th

an th

e C

ontr

acto

r.

(iii)

The

cou

nt e

xclu

des

cour

ts w

here

cus

tody

cen

tre

man

agem

ent i

s no

t inc

lude

d as

par

t of t

his

serv

ice

(see

Ser

vice

Spe

cific

atio

n).

Not

e 3

Bas

elin

e V

olum

e B

and

The

am

ount

invo

iced

by

the

Con

trac

tor

for

this

Ser

vice

in a

n O

pera

ting

Mon

th m

ust b

e ba

sed

on th

e ag

reed

Bas

elin

eV

olum

e B

and

(iden

tifie

din

pric

e ca

tego

ry A

) w

ith n

o ad

just

men

t to

a hi

gher

or

low

er v

olum

e ba

nd u

nles

s ag

reed

to in

acc

orda

nce

with

clau

se 3

.2 o

f Sch

edul

e 4.

CO

NT

RA

CT

NO

DC

S04

0201

0P

age

176

of 2

89JU

NE

201

1

Cou

rt S

ecur

ity a

nd C

usto

dial

Ser

vice

s -

Sch

edul

e 3

Pay

men

t Mec

hani

sm

Num

ber

of P

ICs

man

aged

thro

ugh

the

spec

ified

met

ropo

litan

Cou

rt C

usto

dy C

entr

es in

an

Ope

ratin

gM

onth

Bas

is o

f Pric

eP

rice

A$

(GS

T E

xclu

sive

)N

otes

Vol

ume

band

Bas

e da

te o

f pric

e is

30

June

201

0N

ote

4F

ixed

fee

for

serv

ice

(Pric

e ca

tego

ry B

)T

his

rice

cate

s or

.rov

ides

an

incr

emen

tal f

ixed

fee

for

volu

mes

in e

xces

s of

the

max

imum

iven

vol

ume

band

und

er *

rice

cate

or A

.N

ote

5S

ched

ule

of R

ates

(P

rice

cate

gory

C)

The

sch

edul

e of

rat

es w

ill o

nly

be a

pplie

d w

here

a C

lient

Age

ncy

has

requ

ired

an A

dditi

onal

Ser

vice

s an

d su

ch r

eque

st h

as b

een

agre

edbe

twee

n th

e P

artie

s in

acc

orda

nce

with

cla

use

2.2.

4 of

Sch

edul

e 4.

The

sch

edul

e of

rat

es w

ill a

pply

to a

req

uest

whe

re th

e se

rvic

e re

ques

t is

diffe

rent

from

the

sco.

e in

clud

ed in

the

Ser

vice

Res

uire

men

ts.

Not

e 6

Pric

e va

riatio

nT

he P

ricin

g T

able

is fi

xed

and

not s

ubje

ct to

rev

isio

n ex

cept

as

prov

ided

in c

laus

e 47

of t

he C

ontr

act (

Add

or

Rem

ove

Ser

vice

) an

d cl

ause

4In

dexa

tion

Acr

ustm

ent o

f Sch

edul

e 3.

CO

NT

RA

CT

NO

DC

S04

0201

0P

age

177

of 2

89JU

NE

201

1

Cou

rt S

ecur

ity a

nd C

usto

dial

Ser

vice

s -

Sche

dule

3 P

aym

ent M

echa

nism

Pric

ing

Tab

le10

-C

usto

dy S

ervi

ces

and

Lock

Up

CU

Stod

yM

anag

emen

t Ser

vice

s R

egio

nal

Num

ber

of P

ICs

man

aged

thro

ugh

the

spec

ified

ILre

gion

al C

ourt

Cus

tody

Cen

tres

in a

n O

pera

ting

Mon

th

-,-

Vd

-

Bas

is o

f Pric

ej

Pric

eA

$ (G

ST

Exc

lusi

ve)

Bas

e da

te o

f pric

e is

June

20

Not

es

.,

..

,-

-

Pric

e ca

tego

ryA

-F

ixed

pric

e fo

r se

rvic

e:0

to20

0F

ixed

mon

thly

pric

e$1

12,8

81N

otes

1, 2

, 3 a

nd 6

(Thi

s is

the

Bas

elin

e V

olum

e B

and

at S

ervi

ces

Com

men

cem

ent D

ate)

201

to25

0Fi

xed

mon

thly

pri

ce$1

12,8

81N

otes

1, 2

, 3 a

nd 6

251

to30

0Fi

xed

mon

thly

pri

ce$1

12,8

81N

otes

1, 2

, 3 a

nd 6

301

to35

0Fi

xed

mon

thly

pri

ce$1

12,8

81N

otes

1, 2

, 3 a

nd 6

351

to40

0Fi

xed

mon

thly

pri

ce$1

12,8

81N

otes

1, 2

, 3 a

nd 6

401

to45

0Fi

xed

mon

thly

pri

ce$1

12,8

81N

otes

1, 2

, 3 a

nd 6

451

to50

0Fi

xed

mon

thly

pri

ce$1

43,0

35N

otes

1, 2

, 3 a

nd 6

501

to55

0Fi

xed

mon

thly

pri

ce$1

43,0

35N

otes

1, 2

, 3 a

nd 6

Pric

e ca

tego

ry B

- F

ixed

fee

for

serv

ice:

Gre

ater

than

550

Incr

emen

tal f

ixed

pri

ce p

erPI

C m

anag

ed$2

60N

otes

4 a

nd 6

Pric

e ca

tego

ry C

- S

ched

ule

of R

ates

Req

uest

for

Add

ition

alSe

rvic

e by

a C

lient

Age

ncy

See

Pric

ing

Tab

le N

o. 1

5N

ote

5

Not

esN

ote

1 -

Pric

e(i

)T

he P

rice

is a

n al

l inc

lusi

ve m

onth

ly f

ixed

pri

ce to

pro

vide

the

Serv

ice

as d

escr

ibed

in S

ched

ule

5, S

ched

ule

8 an

d Sc

hedu

le 9

.(i

i)L

ock

Up

Cus

tody

Man

agem

ent i

s to

be

prov

ided

dur

ing

cour

t ope

ning

tim

es a

s se

t out

in S

ched

ule

9.C

ourt

ope

n tim

es r

efer

s to

the

time

elap

sed

betw

een

the

earl

iest

list

ed s

tart

tim

e fo

r a

Judi

cial

Off

icer

at a

cou

rtho

use

on a

sin

gle

day

toth

e la

test

act

ual e

nd ti

me

for

the

sam

e Ju

dici

al O

ffic

er.

(iii)

Spec

ifie

d re

gion

al C

ourt

Cus

tody

Cen

tres

mea

n th

ose

loca

tions

as

set o

ut in

clau

se 1

1 of

Sch

edul

e 8.

Not

e 2

- C

ount

(i)

The

cou

nt is

bas

ed o

n ea

ch P

IC, b

y na

me,

man

aged

by

the

Con

trac

tor

in a

Cou

rt C

usto

dy C

entr

e fo

r th

e pu

rpos

e of

atte

ndan

ce o

rha

ving

atte

nded

a c

ourt

hea

ring

at t

hat C

ourt

.(i

i)PI

Cs

incl

ude

any

pers

on th

at th

e C

ontr

acto

r is

req

uire

d to

man

age

in a

spe

cifi

ed C

ourt

Cus

tody

Cen

tre,

and

incl

ude:

0B

aile

es; a

nd

CO

NT

RA

CT

NO

DC

S040

2010

Page

178

of

289

JUN

E 2

011

Cou

rt S

ecur

ity a

nd C

usto

dial

Ser

vice

s -

Sch

edul

e 3

Pay

men

t Mec

hani

sm

Num

ber

of P

ICs

man

aged

thro

ugh

the

spec

ified

Bas

is o

f Pric

eP

rice

Not

esre

gion

al C

ourt

Cus

tody

Cen

tres

in a

n O

pera

ting

A$

(GS

T E

xclu

sive

)M

onth

.V

olum

e ba

nd-

--,

Bas

e da

te o

f pric

e is

30

June

201

0P

erso

ns d

eliv

ered

to th

e C

ourt

Cus

tody

Cen

tre

by a

par

ty o

ther

than

the

Con

trac

tor.

(iii)

The

cou

nt e

xclu

des

cour

ts w

here

cus

tody

cen

tre

man

agem

ent i

s no

t inc

lude

d as

par

t of t

his

serv

ice

(see

Ser

vice

Req

uire

men

ts).

Not

e 3

Bas

elin

e V

olum

e B

and

The

am

ount

invo

iced

by

the

Con

trac

tor

for

this

Ser

vice

in a

n O

pera

ting

Mon

th m

ust b

e ba

sed

on th

e ag

reed

Bas

elin

e V

olum

e B

and

(iden

tifie

din

pric

e ca

tego

ry A

) w

ith n

o ad

just

men

t to

a hi

gher

or

low

er v

olum

e ba

nd u

nles

s ag

reed

to in

acc

orda

nce

with

cla

use

3.2

of S

ched

ule

4.N

ote

4F

ixed

fee

for

serv

ice

(Pric

e ca

tego

ry B

)T

his

pric

e ca

tego

ry p

rovi

des

an in

crem

enta

l fix

ed fe

e fo

r vo

lum

es in

exc

ess

of th

e m

axim

um g

iven

vol

ume

band

und

er p

rice

cate

gory

A.

Not

e 5

Sch

edul

e of

Rat

es (

Pric

e ca

tego

ry C

)T

he s

ched

ule

of r

ates

will

onl

y be

app

lied

whe

re a

Clie

nt A

genc

y ha

s re

quire

d an

Add

ition

al S

ervi

ces

and

such

req

uest

has

bee

n ag

reed

betw

een

the

Par

ties

in a

ccor

danc

e w

ith c

laus

e 2.

2.4

of S

ched

ule

4. T

he s

ched

ule

of r

ates

will

app

ly to

a r

eque

st w

here

the

serv

ice

requ

est i

sdi

ffere

nt fr

om th

e sc

ope

incl

uded

in th

e S

ervi

ce R

equi

rem

ents

.N

ote

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rice

varia

tion

The

Pric

ing

Tab

le is

fixe

d an

d no

t sub

ject

to r

evis

ion

exce

pt a

s pr

ovid

ed in

cla

use

47 o

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Con

trac

t (A

dd o

r R

emov

e S

ervi

ce)

and

clau

se4

(Ind

exat

ion

Adj

ustm

ent)

of S

ched

ule

3.

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NT

RA

CT

NO

DC

S04

0201

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age

179

of 2

89JU

NE

201

1

Cou

rt S

ecur

ity a

nd C

usto

dial

Ser

vice

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Sch

edul

e 3

Pay

men

t Mec

hani

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Atta

chm

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edul

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Pric

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le 1

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orts

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eral

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orts

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er e

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etro

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anN

umbe

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ume

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r0-

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ume

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is o

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vice

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ase

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rice

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0 Ju

ne 2

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e ca

tego

ry A

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ixed

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r se

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e:10

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his

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ate)

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NT

RA

CT

NO

DC

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0201

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180

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1

Cou

rt S

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usto

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Ser

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s -

Sch

edul

e 3

Pay

men

t Mec

hani

sm

Num

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of P

ICs

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in a

n O

pera

ting

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thB

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e A

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ume

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ume

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320

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ater

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$396

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otes

4 a

nd 6

Pric

e ca

tego

ry C

- S

ched

ule

of R

ates

Req

uest

for

Add

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al S

ervi

ceS

ee P

ricin

g T

able

No.

16

Not

e 5

Not

esN

ote

1 -

Pric

e(i)

The

Pric

e is

an

all i

nclu

sive

fixe

d pr

ice

to p

rovi

de th

e S

ervi

ce (

sche

dule

d an

d un

sche

dule

d) a

s de

scrib

ed in

Sch

edul

e 5

and

Sch

edul

e 6.

(ii)

Oth

er E

scor

t Ser

vice

s lo

catio

ns fo

r th

e pu

rpos

es o

f Med

ical

Esc

orts

, Fun

eral

Esc

orts

, and

Oth

er E

scor

ts fo

r ap

prov

ed p

urpo

ses,

are

as

desc

ribed

in c

laus

es 7

.4, 7

.5, 7

.7, 7

.8 a

nd 8

of S

ched

ule

6.(ii

i)T

he P

rice

incl

udes

the

use

of a

ppro

pria

te m

odes

of t

rans

port

hav

ing

rega

rd to

cla

use

4 of

Sch

edul

e 6.

(iv)

The

Pric

e in

clud

es s

uper

visi

on, o

vern

ight

s an

d su

bsis

tenc

e co

sts

(as

requ

ired)

. For

info

rmat

ion

purp

oses

, the

ave

rage

sup

ervi

sion

tim

epe

r P

IC is

gen

eral

ly, b

ut n

ot g

uara

ntee

d to

be:

med

ical

esc

orts

2hr

s;fu

nera

l esc

orts

4hr

s; o

ther

esc

orts

4 h

rs. T

he P

rinci

pal w

ill n

otre

imbu

rse

the

Con

trac

tor

for

any

cost

s in

curr

ed w

here

the

actu

al s

uper

visi

on ti

me

diffe

rs fr

om th

e av

erag

es p

rovi

ded,

and

the

Sch

edul

eof

Rat

es s

hall

also

not

be

appl

icab

le(v

)S

peci

fied

met

ropo

litan

pris

ons

mea

ns th

ose

loca

tions

as

set o

ut in

cla

use

8 of

Sch

edul

e 6.

(vi)

Oth

er e

scor

t ser

vice

s lo

catio

ns m

eans

thos

e lo

catio

ns a

s se

t out

in c

laus

es 7

.8 a

nd 8

of S

ched

ule

6.(v

ii)T

he P

rice

incl

udes

pris

on v

isits

(fa

mily

day

s) b

etw

een

wom

en p

rison

s an

d m

en p

rison

s in

the

met

ropo

litan

, whi

ch g

ener

ally

, but

not

guar

ante

ed, o

ccur

s at

6-w

eekl

y in

terv

als.

Not

e 2

- C

ount

(i) T

he c

ount

is th

e nu

mbe

r of

PIC

s es

cort

ed in

an

Ope

ratin

g M

onth

(in

clud

ing

sche

dule

d an

d un

sche

dule

d se

rvic

es).

If th

e sa

me

PIC

is e

scor

ted

mor

e th

an o

nce

in a

n O

pera

ting

Mon

th, e

ach

esco

rt w

ill b

e a

sepa

rate

cou

nted

.(ii

)The

app

licab

le d

ista

nce

band

mus

t be

dete

rmin

ed b

ased

on

the:

®sh

orte

st,


Page 181 of 289

JUNE 2011

Cou

rt S

ecur

ity a

nd C

usto

dial

Ser

vice

s -

Sch

edul

e 3

Pay

men

t Mec

hani

sm

Num

ber

of P

ICs

Vol

ume

band

.

for

07-0

esco

rted

in a

n O

pera

ting

Mon

th

--V

olum

e ba

ndV

olum

e ba

ndfo

rfo

r ab

ove

51-2

00km

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0km

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is o

f Pric

eP

rice

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(GS

T E

xclu

sive

)N

otes

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urn

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rt fr

om s

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litan

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ons

to a

ppro

ved

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er E

scor

t Ser

vice

s lo

catio

nsA

bove

0-50

km51

-200

km20

0km

Bas

e da

te o

f p r

ice

is 3

0 Ju

ne 2

010

mos

t dire

cton

e-w

ayro

ad d

ista

nce

betw

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the

two

loca

tions

.T

he a

ssum

ptio

n of

roa

d tr

avel

is p

urel

y to

det

erm

ine

the

volu

me

band

in r

espe

ct o

f dis

tanc

e tr

avel

led

and

it is

the

Con

trac

tor's

res

pons

ibili

tyto

det

erm

ine

the

mos

t app

ropr

iate

mod

e of

tran

spor

t to

deliv

er th

e S

ervi

ces.

Not

e 3

Bas

elin

e V

olum

e B

and

The

am

ount

invo

iced

by

the

Con

trac

tor

for

this

Ser

vice

in a

n O

pera

ting

Mon

th m

ust b

e ba

sed

on th

e ag

reed

Bas

elin

e V

olum

e B

and

(iden

tifie

d in

pric

e ca

tego

ry A

) w

ith n

o ad

just

men

t to

a hi

gher

or

low

er v

olum

e ba

nd u

nles

s ag

reed

to in

acc

orda

nce

with

cla

use

3.2

of S

ched

ule

4.N

ote

4F

ixed

fee

for

serv

ice

(Pric

e ca

tego

ry B

)T

his

pric

e ca

tego

ry p

rovi

des

an in

crem

enta

l fix

ed fe

e fo

r vo

lum

es in

exc

ess

of th

e m

axim

um g

iven

vol

ume

band

und

er p

rice

cate

gory

A,

acco

rdin

g to

dis

tanc

e tr

avel

led.

Not

e 5

Sch

edul

e of

Rat

es (

Pric

e ca

tego

ry C

)T

he s

ched

ule

of r

ates

will

onl

y be

app

lied

whe

re a

Clie

nt A

genc

y ha

s re

quire

d an

Add

ition

al S

ervi

ces

and

such

req

uest

has

bee

n ag

reed

bet

wee

nth

e P

artie

s in

acc

orda

nce

with

cla

use

2.2.

4 of

Sch

edul

e 4.

The

sch

edul

e of

rat

es w

ill a

pply

to a

req

uest

whe

re th

e se

rvic

e re

ques

t is

diffe

rent

from

the

scop

e in

clud

ed in

the

Ser

vice

Req

uire

men

ts.

Not

e 6

Pric

e va

riatio

nT

he P

ricin

g T

able

is fi

xed

and

not s

ubje

ct to

rev

isio

n ex

cept

as

prov

ided

in c

laus

e 47

of t

he C

ontr

act (

Add

or

Rem

ove

Ser

vice

) an

d cl

ause

4(I

ndex

atio

n A

djus

tmen

t) o

f Sch

edul

e 3.

CO

NT

RA

CT

NO

DC

S04

0201

0P

age

182

of 2

89JU

NE

201

1

Cou

rt S

ecur

ity a

nd C

usto

dial

Ser

vice

s -

Sch

edul

e 3

Pay

men

t Mec

hani

sm

Pric

ing

Tab

le 1

2 -

Med

ical

esc

orts

, fun

eral

esc

orts

and

oth

er e

scor

ts R

egio

nal

Num

ber

of

Vol

ume

.

band

for

.0-

50km

(PIC

s)

PIC

s es

cort

ed

Vol

ume

band

f51

-20

0km

(ret

urn-

trip

s)

or tr

ips

Vol

ume

band

f20

1'50

0km

(ret

urtr

ip

per

Ope

ratin

g

Vol

ume

band

f50

11,

000k

mre

turn

ips)

Mon

th

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ume

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for<

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e1,

000k

m(r

etur

ntr

ips

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is o

f Pric

e

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rice

A$

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T E

xclu

sive

)R

etur

n es

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ons

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ppro

ved

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er E

scor

t Ser

vice

s lo

catio

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51-

201-

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ve50

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200

km50

0km

1,00

0km

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0 km

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e 3)

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e 4)

(Not

e 4)

(Not

e 4)

(Not

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30

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ume

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$141

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$47,

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Cou

rt S

ecur

ity a

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usto

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Ser

vice

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edul

e 3

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men

t Mec

hani

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ber

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ume

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r0-

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s) : . IP

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thB

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urn

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ume

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6G

reat

er th

an6

Incr

emen

tal f

ixed

pric

e pe

r PI

C o

r tr

ipas

apl

icab

le

$837

$1,0

62$6

,740

$10,

274

$11,

380

Not

es 4

and

6

Pric

e ca

tego

ry C

- S

ched

ule

of R

ates

Req

uest

for

Add

ition

alS

ervi

ce

See

Pric

ing

Tab

le N

o. 1

6N

ote

5

Not

esN

ote

1P

rice

(i)T

he P

rice

is a

n al

l inc

lusi

ve fi

xed

pric

e to

pro

vide

the

Ser

vice

(sc

hedu

led

and

unsc

hedu

led)

as

desc

ribed

in S

ched

ule

5 an

d S

ched

ule

6.(ii

)O

ther

Esc

ort S

ervi

ces

loca

tions

for

the

purp

oses

of M

edic

al E

scor

ts, F

uner

al E

scor

ts, a

nd O

ther

Esc

orts

for

appr

oved

pur

pose

s, a

re a

sde

scrib

ed in

cla

uses

7.4

, 7.5

, 7.7

, 7.8

and

8 o

f Sch

edul

e 6.

(iii)

The

Pric

e in

clud

es th

e us

e of

app

ropr

iate

mod

es o

f tra

nspo

rt h

avin

g re

gard

to c

laus

e 4

of S

ched

ule

6 of

the

Ser

vice

Req

uire

men

ts.

(iv)

The

Pric

e in

clud

es s

uper

visi

on, o

vern

ight

s an

d su

bsis

tenc

e co

sts

(as

requ

ired)

. For

info

rmat

ion

purp

oses

, the

ave

rage

sup

ervi

sion

tim

epe

r P

IC is

gen

eral

ly, b

ut n

ot g

uara

ntee

d to

be:

med

ical

esc

orts

2hr

s; fu

nera

l esc

orts

4hr

s;ot

her

esco

rts

4 hr

s. T

he P

rinci

pal w

ill n

otre

imbu

rse

the

Con

trac

tor

for

any

cost

s in

curr

ed w

here

the

actu

al s

uper

visi

on ti

me

diffe

rs fr

om th

e av

erag

es p

rovi

ded,

and

the

Sch

edul

eof

Rat

es s

hall

also

not

be

appl

icab

le.

(v)

Spe

cifie

d re

gion

al p

rison

s m

eans

thos

e lo

catio

ns a

s se

t out

in c

laus

e 8

of S

ched

ule

6.

(vi)

Oth

er e

scor

t ser

vice

s lo

catio

ns m

eans

thos

e lo

catio

ns a

s se

t out

in c

laus

es 7

.8 a

nd 8

of S

ched

ule

6.

Not

e 2

- C

ount

(i)T

he c

ount

for

the

0-50

km d

ista

nce

band

is th

e nu

mbe

r of

PIC

s es

cort

ed in

an

Ope

ratin

g M

onth

(in

clud

ing

sche

dule

d an

d un

sche

dule

dse

rvic

es).

If th

e sa

me

PIC

is e

scor

ted

mor

e th

an o

nce

in a

n O

pera

ting

Mon

th, e

ach

esco

rt w

ill b

e a

sepa

rate

cou

nted

.(ii

)T

he c

ount

for

the

dist

ance

ban

ds o

ther

than

the

0-50

km d

ista

nce

band

is th

e nu

mbe

r of

ret

urn

trip

s in

an

Ope

ratin

g M

onth

(in

clud

ing

sche

dule

d an

d un

sche

dule

d se

rvic

es).

If m

ore

than

one

PIC

is e

scor

ted

on th

e sa

me

trip

this

will

be

coun

ted

as 1

trip

for

up to

am

axim

um o

f 3 P

ICs

Der

trim

.


Pag

e184 of 289

JUNE 2011

Cou

rt S

ecur

ity a

nd C

usto

dial

Ser

vice

s -

Sch

edul

e 3

Pay

men

t Mec

hani

sm

Num

ber

of P

ICs

esco

rted

or

trip

s pe

r O

pera

ting

Mon

thB

asis

of P

rice

-V

olum

eV

olum

e,V

olum

e,' -

,Vol

ume

Van

' du

foi

band

fo'

band

for

band

for,

and

for

abov

e(P

ICs)

200k

00km

1,00

0k',0

00km

(ret

urn,

(ret

urn

(ret

urn

(ret

urn

.._...

_.,_

int .

.sip

s)tr

ips)

1

Pric

e A

$ (G

ST

Exc

lusi

ve)

Ret

urn

esco

rt fr

om m

etro

polit

an p

rison

s to

app

rove

dO

ther

Esc

ort S

ervi

ces

loca

tions

0-51

-20

1-50

-A

bove

50 k

m20

0 km

500k

m1,

000k

m1,

000

km(N

ote

3)(N

ote

4)(N

ote

4)(N

ote

4)(N

ote

4)

Bas

e da

te o

f pric

e is

30

June

201

0

Not

es

(iii)

The

app

licab

le d

ista

nce

band

mus

t be

dete

rmin

ed b

ased

on

the:

shor

test

,0

mos

t dire

ct©

one-

way

oro

ad d

ista

nce

obe

twee

n th

e tw

o lo

catio

ns.

The

ass

umpt

ion

of r

oad

trav

el is

pur

ely

to d

eter

min

e th

e vo

lum

e ba

nd in

res

pect

of d

ista

nce

trav

elle

d an

d it

is th

e C

ontr

acto

r'sre

sson

sibi

litto

det

erm

ine

the

mos

t asr

ooria

te m

ode

of tr

ans.

ort t

o de

liver

the

Ser

vice

s.N

ote

3 -

Bas

elin

e V

olum

e B

and

The

am

ount

invo

iced

by

the

Con

trac

tor

for

this

Ser

vice

in a

n O

pera

ting

Mon

th m

ust b

e ba

sed

on th

e ag

reed

Bas

elin

e V

olum

e B

and

(iden

tifie

d in

.ric

e ca

tes

or A

with

no

adus

tmen

t to

a hi

gher

or

low

er v

olum

e ba

nd u

nles

s ag

reed

to in

acc

orda

nce

with

cla

use

3.2

of S

ched

ule

4.N

ote

4 -

Fix

ed fe

e fo

r se

rvic

e (P

rice

cate

gory

B)

Thi

s pr

ice

cate

gory

pro

vide

s an

incr

emen

tal f

ixed

fee

for

volu

mes

in e

xces

s of

the

max

imum

giv

en v

olum

e ba

nd u

nder

pric

e ca

tego

ry A

,ac

cord

ing

to d

ista

nce

trav

elle

d.N

ote

5 -

Sch

edul

e of

Rat

es (

Pric

e ca

tego

ry C

)T

he s

ched

ule

of r

ates

will

onl

y be

app

lied

whe

re a

Clie

nt A

genc

y ha

s re

quire

d an

Add

ition

al S

ervi

ces

and

such

req

uest

has

bee

n ag

reed

bet

wee

nth

e P

artie

s in

acc

orda

nce

with

cla

use

2.2.

4 of

Sch

edul

e 4.

The

sch

edul

e of

rat

es w

ill a

pply

to a

req

uest

whe

re th

e se

rvic

e re

ques

t is

diffe

rent

from

the

scop

e in

clud

ed in

the

Ser

vice

Reu

irem

ents

.N

ote

6 -

Pric

e va

riatio

nT

he P

ricin

g T

able

is fi

xed

and

not s

ubje

ct to

rev

isio

n ex

cept

as

prov

ided

in c

laus

e 47

of t

he C

ontr

act (

Add

or

Rem

ove

Ser

vice

) an

d cl

ause

4In

dexa

tion

Acr

ustm

ent o

f Sch

edul

e 3.

CO

NT

RA

CT

NO

DC

S04

0201

0P

age

185

of 2

89JU

NE

201

1

Cou

rt S

ecur

ity a

nd C

usto

dial

Ser

vice

s -

Sch

edul

e 3

Pay

men

t Mec

hani

sm

Pric

ing

Tab

le 1

3H

ospi

tal S

its M

etro

polit

anN

umbe

r of

hos

pita

l sits

(sc

hedu

led

and

unsc

hedu

led)

per

day

, in

the

met

ropo

litan

, in

an O

pera

ting

Mon

thV

olum

e ba

nd

Bas

is o

f Pric

eP

rice

A$

(GS

T E

xclu

sive

)N

otes

1111

1111

1.11

.111

1411

1111

1111

111L

I-

June

20

0 .

Pric

e ca

tego

ry A

-F

ixed

pric

e fo

r se

rvic

e:U

to 3

Fix

ed m

onth

ly p

rice

Fix

ed m

onth

ly p

rice

$96,

081

$128

,108

Not

es 1

, 2, 3

and

7N

otes

1, 2

, 3 a

nd 7

Up

to 4

Up

to 5

(Thi

s is

the

Bas

elin

e V

olum

e B

and

at S

ervi

ces

Com

men

cem

ent D

ate)

Fix

ed m

onth

ly p

rice

$160

,135

Not

es 1

, 2, 3

and

7

Up

to 6

Fix

ed m

onth

ly p

rice

$192

,162

Not

es 1

, 2, 3

and

7U

p to

7F

ixed

mon

thly

pric

e$2

24,1

89N

otes

1, 2

, 3 a

nd 7

Pric

e ca

tego

ry B

- F

ixed

fee

for

serv

ice:

Roy

al P

erth

Hos

pita

l Sec

ure

Out

patie

nt F

acili

tyF

ixed

mon

thly

pric

e$1

6,94

2N

otes

5 a

nd 7

Gre

ater

than

7 h

ospi

tal s

its p

er d

ay in

an

Ope

ratin

g M

onth

Incr

emen

tal f

ixed

pric

e pe

r ho

spita

lsi

t$3

2,02

7N

otes

4 a

nd 7

Pric

e ca

tego

ry C

- S

ched

ule

of R

ates

Req

uest

for

Add

ition

al S

ervi

ceS

ee P

ricin

g T

able

No.

16

Not

e 6

Not

es

Not

e 1

Pric

e(i)

The

Pric

e is

an

all i

nclu

sive

fixe

d pr

ice

to p

rovi

de th

e S

ervi

ce (

sche

dule

d an

d un

sche

dule

d) a

s de

scrib

ed in

Sch

edul

e 5

and

Sch

edul

e 6

(inpa

rtic

ular

cla

uses

7.5

and

7.6

of S

ched

ule

6).

(ii)

The

Pric

e in

clud

es s

uper

visi

on, o

vern

ight

s an

d su

bsis

tenc

e co

sts

(as

requ

ired)

. For

info

rmat

ion

purp

oses

, the

ave

rage

sup

ervi

sion

tim

e pe

rP

IC is

gen

eral

ly, b

ut n

ot g

uara

ntee

d to

be,

on

aver

age

12.5

hrs.

Not

e 2

- C

ount

(i)C

ount

the

num

ber

of P

ICs

that

rec

eive

d a

Hos

pita

l Sit

over

a 2

4-ho

ur p

erio

d. T

he P

artie

s w

ill r

evie

w th

e co

untin

g m

echa

nism

6 m

onth

saf

ter

Ser

vice

s C

omm

ence

men

t Dat

e an

d re

vise

, if n

eces

sary

, as

agre

ed.

(ii)

The

mov

emen

t of a

PIC

for

a sc

hedu

led

hosp

ital s

it (t

o an

d fr

om p

rison

) is

cou

nted

as

part

of t

he h

ospi

tal s

it an

d no

t am

edic

al e

scor

t.

(iii)

The

mov

emen

t of a

PIC

for

an u

nsch

edul

ed h

ospi

tal s

it (t

o pr

ison

) is

cou

nted

as

part

of t

he h

ospi

tal s

it an

d no

t a m

edic

al e

scor

t.N

ote

3B

asel

ine

Vol

ume

Ban

dT

he a

mou

nt in

voic

ed b

y th

e C

ontr

acto

r fo

r th

is S

ervi

ce in

an

Ope

ratin

g M

onth

mus

t be

base

d on

the

agre

ed B

asel

ine

Vol

ume

Ban

d (id

entif

ied

inpr

ice

cate

gory

A)

with

no

adju

stm

ent t

o a

high

er o

r lo

wer

vol

ume

band

unl

ess

agre

ed to

inac

cord

ance

with

cla

use

3.2

of S

ched

ule

4.

CO

NT

RA

CT

NO

DC

S04

0201

0P

age

186

of 2

89JU

NE

201

1

Cou

rt S

ecur

ity a

nd C

usto

dial

Ser

vice

s -

Sch

edul

e 3

Pay

men

t Mec

hani

sm

Num

ber

of h

ospi

tal s

its (

sche

dule

d an

dun

sche

dule

d) p

er d

ay, i

n th

e m

etro

polit

an, i

nan

Ope

ratin

g M

onth

Bas

is o

f Pric

eP

rice

Not

esA

$ (G

ST

Exc

lusi

ve)

Bas

e da

te o

f pric

e is

30

June

201

0N

ote

4F

ixed

fee

for

serv

ice

(Pric

e ca

tego

ry B

)T

his

pric

e ca

tego

ry p

rovi

des

an in

crem

enta

l fix

ed fe

e fo

r vo

lum

es in

exc

ess

of th

e m

axim

um g

iven

vol

ume

band

und

er p

rice

cate

gory

A.

Not

e 5

- R

oyal

Per

th H

ospi

tal s

ecur

e ou

tpat

ient

faci

lity

The

Ser

vice

Req

uire

men

ts r

equi

re th

e C

ontr

acto

r to

pro

vide

ser

vice

s at

the

Roy

al P

erth

Hos

pita

l sec

ure

outp

atie

nt fa

cilit

y (a

s de

scrib

ed in

cla

use

7.5

of S

ched

ule

6). A

fixe

d m

onth

ly o

ffere

d pr

ice

(B)

for

this

ser

vice

is to

be

prov

ided

.N

ote

6S

ched

ule

of R

ates

(P

rice

cate

gory

C)

The

sch

edul

e of

rat

es w

ill o

nly

be a

pplie

d w

here

the

Prin

cipa

l Age

ncy

has

requ

ired

an A

dditi

onal

Ser

vice

s an

d su

ch r

eque

st h

as b

een

agre

edbe

twee

n th

e P

artie

s in

acc

orda

nce

with

cla

use

2.2.

4 of

Sch

edul

e 4.

The

sch

edul

e of

rat

es w

ill a

pply

to a

req

uest

whe

re th

e se

rvic

e re

ques

t is

diffe

rent

from

the

scop

e in

clud

ed in

the

Ser

vice

Req

uire

men

ts.

Hos

pita

l sits

(sc

hedu

led

or u

nsch

edul

ed)

requ

ired

in e

xces

s of

the

agre

ed b

asel

ine

volu

me

band

will

be

an A

dditi

onal

Ser

vice

.N

ote

7P

rice

varia

tion

The

Pric

ing

Tab

le is

fixe

d an

d no

t sub

ject

to r

evis

ion

exce

pt a

s pr

ovid

ed in

cla

use

47 o

f the

Con

trac

t (A

dd o

r R

emov

e S

ervi

ce)

and

clau

se4

(Ind

exat

ion

Adj

ustm

ent)

of S

ched

ule

3.

CO

NT

RA

CT

NO

DC

S04

0201

0P

age

187

of 2

89JU

NE

201

1

Cou

rt S

ecur

ity a

nd C

usto

dial

Ser

vice

s -

Sch

edul

e 3

Pay

men

t Mec

hani

sm

Pric

ing

Tab

le 1

4H

ospi

tal S

its R

egio

nal

Num

ber

of h

ospi

tal s

its p

er d

ay in

the

regi

onal

are

as in

an

Ope

ratin

g M

onth

Vol

ume

band

_.,,

.,.,

Pric

e ca

tego

ry A

- F

ixed

pric

e fo

r se

rvic

e:

Bas

is o

f Pric

eP

rice

A$

(GS

T E

xclu

sive

)B

ase

date

of p

rice

is 3

0 Ju

ne20

10.

Not

es

_.

1F

ixed

mon

thly

pric

e$8

1,89

0N

otes

1, 2

, 3 a

nd 6

2(T

his

is th

e B

asel

ine

Vol

ume

Ban

d at

Ser

vice

sC

omm

ence

men

t Dat

e)

Fix

ed m

onth

ly p

rice

$163

,780

Not

es 1

, 2, 3

and

6

3F

ixed

mon

thly

pric

eF

ixed

mon

thly

pric

e$2

45,6

70$3

27,5

59N

otes

1, 2

, 3 a

nd 6

Not

es 1

, 2, 3

and

64

Pric

e ca

tego

ry B

- F

ixed

fee

for

serv

ice:

Gre

ater

than

4 h

ospi

tal s

its p

er d

ay in

an

Ope

ratin

g M

onth

Incr

emen

tal f

ixed

pric

e pe

rho

spita

l sit

$81,

890

Not

e 4

and

6

Pric

e ca

tego

ry C

- S

ched

ule

of R

ates

Req

uest

for

Add

ition

al S

ervi

ceS

ee P

ricin

g T

able

No.

16

Not

e 5

Not

es

Not

e 1

Pric

e(i)

The

Pric

e is

an

all i

nclu

sive

fixe

d pr

ice

to p

rovi

de th

e S

ervi

ce (

sche

dule

d an

d un

sche

dule

d) a

s de

scrib

ed in

Sch

edul

e 5

and

Sch

edul

e 6

(inpa

rtic

ular

cla

use

7.6

of S

ched

ule

6).

(ii)

The

Pric

e in

clud

es s

uper

visi

on, o

vern

ight

s an

d su

bsis

tenc

e co

sts

(as

requ

ired)

. For

info

rmat

ion

purp

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A.


Page

of 289

JUNE 2011

Cou

rt S

ecur

ity a

nd C

usto

dial

Ser

vice

s -

Sch

edul

e 3

Pay

men

t Mec

hani

sm

Num

ber

of h

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its p

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app

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189

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89JU

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Pag

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JUNE 2011

Court Security and Custodial Services Schedule 4 Invoicing and Payment

SCHEDULE 4: INVOICING AND PAYMENT

1. Definitions

The following defined terms apply to this Schedule. Where there is any inconsistencybetween the definitions in this Schedule and the Contract, the meanings in the Contractshall prevail. Capitalised terms which are not defined below bear the meaning given tothose terms in the Contract.

Baseline Volume Bands has the meaning given in Schedule 3.

Gross Monthly Service Payment has the meaning specified in Schedule 3.

Indexation Adjustment has the meaning specified in Schedule 3.

Monthly Invoice means the Contractor's invoice to the Principal for the Services and theTransition Services performed during each Operating Month using the Invoice Formatdescribed in clause 2.2 and Attachment 1 of this Schedule and calculated in accordancewith Schedule 3.

Monthly Service Fee means the monthly service fee calculated in accordance with clause3 of the Schedule 3.

Price has the meaning given Schedule 3.

Pricing Tables has the meaning given in Schedule 3.

Request for Additional Services means any additional services (not specifically includedin the Service Requirements) requested by a Client Agency and agreed to by theContractor and; priced with reference to the Schedule of Rates, except for any requestwhich will (if implemented) increase the likelihood of the Services not complying with theService Requirements or adversely affecting the Contractor's ability to perform itsobligations under the Contract.

Schedule of Rates means the schedule of rates (indexed by the Indexation Adjustment)in respect of the Request for Additional Services, as set out in Pricing Tables 15 and 16(Attachment 2 of Schedule 3) which provides a basis for a Client Agency's Request forAdditional Services and for the Contractor to provide an estimate (e.g. one-off servicerequests, such as security of a Person in Custody to a court hearing at a crime scene).

Transition Fee(s) has the meaning specified in Schedule 3.



2. Invoicing and Payment

2.1 Monthly Service Payment

The Monthly Service Payment is payable from the date on which the Services areprovided as required by the Contract. The Principal shall pay to the Contractor theMonthly Service Payment set out in Schedule 3, subject to the satisfactoryprovision of the Services and the Transition Services in accordance with theprovisions of the Contract and in particular the Service Requirements thereto.

The Monthly Service Payment for each Operating Month will be calculated inaccordance with the formula set out in the Schedule 3. Where calculations are tobe performed in accordance with this Schedule, the final result of any suchcalculations shall be rounded to the nearest Australian Dollar.

The Gross Monthly Service Payments (indexed in accordance with the IndexationAdjustment as described in Schedule 3) and Transition Fees are the totalconsideration payable by the Principal under this Contract. No additional amountsare payable by the Principal in respect of the Services and the Transition Servicesother than as required under an express provision of this Contract or as agreed tobetween the Principal and the Contractor as a result of a Request for AdditionalServices.

The Contractor must, whilst meeting its other obligations under this Contract, useits best endeavours to provide the Services in an operationally efficient manner inorder to minimise the Gross Monthly Service Payments payable by the Principal.

A prorate portion of the Monthly Service Payment shall be payable for the month inwhich the Service Commencement Date falls or the expiry or termination of theTerm, if it is on a date other than the first Calendar Day of the Operating Month.The proration shall be based on the number of Calendar Days of full Serviceactually provided in that Operating Month.

2.1.1 Service Payment all inclusive

Except as expressly provided to the contrary in this Contract:

(a) the Contractor is responsible for all operating costs and expenses ofproviding the Services and the Transition Services except and to the extentof the costs and expenses of:

(i) the Principal in the performance of the Principal's Obligations; and

(ii) any person appointed by the Principal or the Minister, including theContract Manager, as required by any Laws to deliver the Services orthe Transition Services, in the performance of that person'sfunctions;

(b) the Monthly Service Payments will be treated as including all costs andexpenses of providing the Services and the Transition Services and all taxesother than GST and other levies payable in respect of the provision of theServices and the Transition Services and the payment of the MonthlyService Payments; and the Contractor shall not be entitled to any other feeor payment for providing the Services and the Transition Services; and

(c) the Contractor shall only be entitled to invoice the Principal for serviceswhere a Schedule of Rates has been applied, if specifically agreed in aspecific Request for Additional Services as set out in clause 2.2.4.



2.2 Monthly Invoice

2.2.1 Invoice format


(a) invoice the Principal using the Invoice Format endorsed by the Principalwhich is set out in Attachment 1 to this Schedule;

(b) show in each invoice details that fully and accurately reflect the Servicesand Transition Services performed for which payment is sought including:

(1) if applicable, the relevant GST applicable to the Monthly ServicePayment;

(ii) any adjustment to the Monthly Service Payment, including anydeductions or adjustments pursuant to the Payment MechanismSchedule; and

(iii) warranty in each invoice that, subject to any notifications made tothe contrary to the Principal during the relevant Operating Month orstatements made in the relevant invoice, to the best of theContractor's knowledge (after due enquiries), the Services and theTransition Services have been properly provided in accordance withthis Contract; and

(c) ensure that an authorised officer of the Contractor signs each invoice.

Invoices must specify:

(a) the Principal's nominated Client Agency and the name of the Principal'snominated representative responsible for requesting the Services;

(b) the Principal's contract number and individual purchase authority;

(c) the amount due to the Contractor in relation to the Services and theTransition Services and the basis for its calculation (supported by theMonthly Performance Report and all supporting calculations and allsupporting documentation);



(d) the reference to the Monthly Performance Report and all supportingcalculations and all other supporting documentation (all supportingdocumentation and all supporting calculations must be accompanied by theinvoice);

(e) the amount, if any, to be rebated, credited or set off in favour of thePrincipal or Contractor under an express provision of this Contract, and thebasis for its calculation (including how any total was calculated);

(f) the date of delivery of the Services or the Transition Services to which theinvoice relates; and

(g) the Contractor's bank account details for EFT payment.

No invoice in terms of this Contract shall be valid unless accompanied byappropriate supporting documentation.

2.2.2 Invoice amounts Monthly Service Payment

An invoice in respect of the Monthly Service Payment for each Operating Monthmay be rendered within 5 Business Days from the beginning of the OperatingMonth for the Services to be performed during that Operating Month, with anydeductions or adjustments to be made pursuant to Schedule 1 and/or Schedule 2to be made in the following Operating Month (Monthly Invoice).

2.2.3 Invoice amounts Transition Fee

Within one Operating Month of successful implementation of the Transition Servicesmilestones as set the Transition Plan and the Payment Mechanism Schedule, theContractor may invoice the Principal for the milestone Transition Fee portion (as setout in Pricing Table 17, Attachment 3 to Schedule 3) as part of the MonthlyInvoice.

The Contractor's Monthly Invoice must demonstrate that the milestone as set outin the Transition Plan and Schedule 3 has been successfully implemented. Subjectto being satisfied, acting reasonably, that the milestone as set out in the TransitionPlan and Schedule 3 has been successfully implemented, the Principal must pay theamount included in the Monthly Invoice within 28 days of receipt.

An invoice for the first milestone Transition Fee may be rendered 60 days prior tothe Services Commencement Date, provided that this date is after theCommencement Date, in respect of the first milestone successfully implemented inaccordance with the Transition Plan and this clause. The Principal has twenty eight(28) days after the receipt to make payment.

2.2.4 Invoice amounts Request for Additional Services

The Contractor must provide the Principal with an estimate for each Request forAdditional Services. Upon acceptance of the Contractor's estimate, the Contractorshall provide the additional services in accordance with the agreed requirementsand may invoice the Principal, as part of the Monthly Invoice, for the costs of theadditional services in accordance with the Schedule of Rates and the agreedestimate.



2.3 Payment of Monthly Invoice

Provided that the Principal receives the Monthly Performance Report within ten (10)Business Days of the end of the Operating Month to which it relates, and subject toapproval by the Contract Manager, the Principal must pay the invoiced fees to theContractor by the end of the Operating Month in which the Contract Managerreceives a correctly drawn and completed Monthly Invoice that includes the itemsrequired under clause 2.2 of this Schedule, then the Principal has twenty-eight (28)days after the receipt to make payment.

The date of delivery of the Monthly Invoice and supporting documentation to theoffice of the Contract Manager shall constitute the date of receipt of the invoice.

2.4. Disputing an invoice

If the Principal disputes any amount claimed in an invoice, the Principal must notifythe Contractor of the dispute within a reasonable time after it arises and:

(a) the Principal may withhold the disputed amount;

(b) any withholding will not:

(1) be a default of the Principal's Obligations; or

(ii) entitle the Contractor to suspend performance of the Services or theTransition Services; and

(c) either of the parties may refer the matter to dispute resolution under clause32 (Disputes) of the Contract.

2.5 Overpayment

If the Principal makes an overpayment to the Contractor, the Contractor must:

(a) immediately notify the Principal in writing of the overpayment; and

(b) repay to the Principal the full amount of any overpayment within ten (10)Business Days of that notice.

2.6 Payment not evidence that Services satisfactory

Payment of the Monthly Service Payment by the Principal is not evidence that theServices or the Transition Services have been carried out satisfactorily.

3. Variation of Pricing Tables

The Pricing Tables are fixed and are not subject to revision except as provided inclause 47 (Add or Remove Services) of the Contract and clause 3.2 of this Schedule(Variations in Service demand).

In respect of any review or amount payable under this clause 3, clause 32(Disputes) of the Contract shall apply.



3.1 Changes to Services required

Any variation to the Pricing Tables pursuant to clause 47 (Add or Remove Services)of the Contract shall be determined at a level which will enable the Contractorrendering the changed Services to receive a rate of return on the changed Servicesconsistent with the Contractor's rate of return implicit in the Contractor's OfferedPrice as at the Services Commencement Date. The variation to the Pricing Tableswill take effect from the date following the date on which the Notice of Changecomes into effect.

3.2 Variations in Service demand

The Gross Monthly Service Fee shall be based on the Services provided, set outagainst the agreed Baseline Volume Bands. The Contractor must maintainadequate records to justify and support the demand volume included in theMonthly Service Payment.

3.2.1 Baseline Volume Bands as at Services Commencement Date

The agreed Baseline Volume Bands as at the Services Commencement Date are setout in the Baseline Volume Band Table Attachment 2 of this Schedule.

3.2.2 Service demand monitoring

The Contractor must monitor fluctuations in service demand and report monthly tothe Principal thereon. This report must be provided with the Monthly Invoice. TheContractor must also notify the Principal in writing as soon as the actual servicedemand for a Service exceeds eighty percent (80%) of the Baseline Volume Bandfor a Service in an Operating Month.

3.2.3 Quarterly review Baseline Volume Bands

The applicable Baseline Volume Band for each quarter for each Service will beselected through a quarterly review process conducted jointly by the Contractorand the Principal. This process shall operate as follows:

a) the review shall be conducted within 10 Working Days of the end ofSeptember, December, March and June annually (Quarterly Review);

b) the review will consider the projected service demand for the next 3-monthperiod and the actual service demand (volume data) for the 3-month periodprior to each review date;

c) the projected and actual service demand (as referred to in (b) above) willform the basis for selecting and agreeing the applicable volume band, fromthe range of volume bands set out in the Pricing Tables, for each Service forthe quarter following the quarter in which the Quarterly Review is beingundertaken;

d ) the volume band for each Service for the first quarter following the ServiceCommencement Date shall be the baseline volume bands as set out in theBaseline Volume Band Table (set out in Attachment 2 of this Schedule).

The Prices (set out in the Pricing Tables) are not subject to revision as a result of aQuarterly Review.



3.2.4 Changes in service demand within quarters

An adjustment to the Gross Monthly Service Fee for changes in service demandother than as a result of the Quarterly Review will only be made if:

a) the Contractor requests, in writing, a movement (upwards or downwards)outside the agreed Baseline Volume Band for a Service. Any request for amovement by the Contractor outside the agreed Baseline Volume Band for aService to another volume band (as selected from the Pricing Tables) mustbe agreed to in writing between the Principal and the Contractor. Themovement in volume band will take effect from the agreed date and theagreed volume band will be the Baseline Volume Band for the Service fromsuch date; or

b) the Principal requests, in writing, a movement (upwards or downwards)outside the agreed Baseline Volume Band for a Service to another volumeband (as selected from the Pricing Tables). The movement in volume bandwill take effect following the date as notified by the Principal and the notifiedvolume band will be the Baseline Volume Band for the Service from suchdate.

The Prices (set out in the Pricing Tables) are not subject to revision as a result of achange in service demand as per this clause 3.2.4.



Attachments to Schedule 4

Attachment 1 to Schedule 4 Invoice Format

[Contractor Company Letterhead]ABN: [insert Contractor's ABN number]

TAX INVOICE

[insert DATE]

[insert ADDRESSEE][insert Principal's Nominated Agency][insert name of Contract Manager][insert address]

Contract NumberInvoice NumberMonthly Service Payment for the month ended

Contractor's EFT .a ment details

[insert Contract Number][insert invoice number][insert applicable month andyear]

insert bank account detailsPricing Service Baseline Volume BandTable Ref N3 per Operating MonthN2

A Gross Monthl Service Fee FIXED PRICE

$AUDN1 ReferencesN4

Movement Services1 Interprison Transfers metropolitan

Interprison Transfers regional:2 Kalgoorlie (EGRP)2 Albany2 Bunbury2 Broome3 Court Transfers metropolitan

Court Transfers regional:4 0 100km4 101 500km4 Above 500km5 Lock Up Clearances metropolitan

Lock Up Clearances regional:6 51 500km6 Above 500km

Court Security and CustodyServices

7 Court Security Servicesmetropolitan

8 Court Security Services regional9 Custody Services metropolitan10 Custody Services and Lock Up

Custody Management Servicesregional

Other Escort ServicesMedical Escorts, Funeral Escorts, andOther Escorts for approved purposes- metropolitan:

0 50km51 200kmAbove 200km

Medical Escorts, Funeral Escorts, andOther Escorts for approved purposes

regional:


Pricing Service Baseline Volume Band $AUDN1 ReferencesTable Ref N3 ier 0.eratin. MonthN2 N4

12 0 50km12 51 200km12 201 500km12 501 1,000km12 Above 1,000km13 Hospital Sits metropolitan13 Royal Perth Secure Outpatient

Facility14 Hospital Sits regional

1 and 2

3 and 4

4 and 5

7, 8, 9 and10

11, 12, 13,14

Total Gross Monthly Service Fee Subtotal- FIXED PRICE for the Operating (1PT in Payment MechanismMonthB - Gross Monthl Service Fee - FIXED FEE FOR SERVICEInterprison Transfers metropolitanand regionalCourt Transfers metropolitan andregionalLock Up Clearances metropolitanand regionalCourt Security and Custody Services(including Lock Up CustodyManagement Services)Other Escort Services

Total Gross Monthly Service FeeFIXED FEE FOR SERVICE for

the Operating Month

Subtotal(IPT in Payment Mechanism

Schedule)

A

B

C Additional Service Fee SCHEDULE OF RATES16 Interprison Transfers metropolitan

and regional16 Court Transfers metropolitan and

regional16 Lock Up Clearances metropolitan

and regional15 Court Security and Custody Services

(including Lock Up CustodyManagement Services)

16 Other Escort Services

Total Additional Service FeeSCHEDULE OF RATES for theOperating Month

Subtotal(1.SR in Payment Mechanism

Schedule)

C

D - Gross Monthl Service Fee - Other18 DCS Fleet Vehicles If applicable

Total Gross Monthly Service Fee SubtotalOTHER for the Operating Month (ZAP in Payment Mechanism

Schedule)

D


E - Gross Monthl Service Pa mentGross Monthly Service Payment (A+B+C+D)

(GMSP in PaymentMechanism Schedule)

E

F Abatements

Specified Events (SEA in Payment Mechanism


Total Pa ment

Pricing ServiceTable Ref N3

Baseline Volume Bandier 0 eratin MonthN2

$AUDN1 ReferencesN4

Performance Failures

Total ABATEMENTS for theOperating Month

,G - Service Pa ment Ad-ustmentsCustomer Satisfaction Fee

Customer Satisfaction PerformanceFeeInnovation and Savings Sharing

Total SERVICE PAYMENTADJUSTMENTS for the OperatingMonth

ir Schedule)(PFA in Payment Mechanism

Schedule)

Subtotal

(CSSP in PaymentMechanism Schedule)

(CSSP in PaymentMechanism Schedule)

(ISS in Payment MechanismSchedule)Subtotal

(SPA in Payment MechanismSchedule)

F

G


H - Transition Fee17 Milestone Transition Fee (MTF in Payment Mechanism

ScheduleH

Monthly Service Payment (E-F±G+H)

J - AcrustmentsAdjustment for Variations included inE

Adjustment for Variations notincluded in EAdjustment otherTotal ADJUSTMENTS for theOperating Month

Subtotal

Monthly Service PaymentAdjustmentsGSTTotal payment (inclusive of GST) L



Notes:

1 All prices (and rates) must be stated in Australian Dollar and be inclusive of theIndexation Adjustment.

2 The Contractor must maintain adequate records to justify and support the volumebands invoiced, in accordance with clause 3 of Schedule 4.

3 The Pricing Tables are set out in Attachments 1, 2 and 3 of Schedule 3.

4 Reference is to be provided to the relevant supporting documentation, MonthlyPerformance Report and all supporting calculations (including the IndexationAdjustments) and all other supporting documentation.

5 Supporting documentation is to be sufficient to allow the Contract Manager to confirmthe amounts included in the invoice.

6 The Contractor is responsible for keeping adequate supporting documentation insupport of any of the amounts included in the invoice.

7 Each invoice is to include a warranty in accordance with clause 2.2.1(b)(iii) of thisSchedule and be signed by an authorised officer of the Contractor.



Attachment 2 to Schedule 4 Baseline Volume Band

The agreed Baseline Volume Band for each Service as at Services Commencement Date isset out below. The amount invoiced for each Service, per Operating Month, must be basedon the Baseline Volume Bands, with no adjustment to a higher or lower volume band (asapplicable) unless agreed by the parties in accordance with clause 3.2 of Schedule 4.

Service PricingTablenumber

Baseline Volume Band

at Services CommencementDate

Movement ServicesInterprison Transfers metropolitan

Interprison Transfers regional:Kalgoorlie routeAlbany routeBunbury routeBroome route

Court Transfers metropolitan

Court Transfers regional:0-100km

101-500km

Above 500km

Lock Up ClearancesLock Up Clearances

51-500kmAbove 500km

4"1"11metropolitan 5111111111111 251 400 PICs escorted

111111111111M16***'00,11111111111111111

1 2return scheduled services per

week for each route

1

return scheduled service perweek for each route

501 600 PICsescorted from prisons to courts



escorted from0 10 PICs

prisons to courts

regional:

Court Security and Custody ServicesCourt Security Services metropolitan 7

Court Security Services regional 8

Custody Services metropolitan

Custody Services and Lock UpCustody Management Servicesregional

Other Escort ServicesMedical Escorts, Funeral Escorts, andOther Escorts for approved purposes

metropolitan:0-50km51-200kmAbove 200km

1

"11111111111111

0-10 return trips0-10 return trips

0 400Courtroom sitting days

0 300Courtroom sitting days

351 450 PICsmanaged

0 200 PICsmanaged

MUM

221 240 PICs escorted81 100 PICs escorted

0 2 PICs escorted



Service PricingTablenumber

Baseline Volume Band

at Services CommencementDate

Medical Escorts, Funeral Escorts, andOther Escorts for approved purposes

regional:0-50km51-200km201-500km501-1,000kmAbove 1,000km

Hospital Sits metropolitanHospital Sits regionalRoyal Perth Hospital SecureOutpatient Facility

12 121 -140 PICs escorted12 0 2 return trips12 0 5 return trips12 0 2 return trips12 0 2 return trips13 5 hospital sits per day14 2 hospital sits per day13 Fixed monthly fee for service


Court Security and Custodial Services Schedule 5 General Service Requirements

SCHEDULE 5: GENERAL SERVICE REQUIREMENTS

The general service requirements applicable to Court security, custody and Person inCustody (PIC) movement services should be read in conjunction with Schedules six (6) tonine (9) of this Contract which detail other specific requirements of the Client Agencies.

1. Compliance with Legislation

The Contractor is to ensure that the company and its staff comply with all thecurrent legislation, Acts and their Regulations, directly affecting the management ofPersons in Custody and movement, and as they are subsequently amended orsubstituted. This includes the following primary and secondary legislation:

1.1 Primary Legislation

a) Bail Act 1982;

b) Court Security and Custodial Services Act 1999;

c) Children's Court of WA Act 1988;

d) Criminal Procedure Act 2004;

e) Cross-border Justice Act 2008;

f) District Court of WA Act 1969;

g) Magistrates Court Act 2004;

h) Criminal Law (Mentally Impaired Accused) Act 1996;

i) Terrorism(Preventative Detention)Act 2006;

j) Prisons Act 1981;

k) Sentencing Act 1995;

I) Sentence Administration Act 2003;

m) Supreme Court Act 1935;and

n) Young Offenders Act 1994.

1.2 Secondary Legislation

a) Civil Judgement Enforcement Act 2004;

b) Coroner's Act 1996;

c) Criminal Code;

d) Equal Opportunity Act 1984;

e) Evidence Act 1906;

f) Family Court Act 1997;

g) Financial Management Act 2006;



h) Fines, Penalties and Infringement Notices Enforcement Act 1994;

i) Freedom of Information Act 1982;

j) Parliamentary Commissioner Act 1971;

k) Police Act 1892;

I) Road Traffic Act 1974;

m) State Supply Commission Act 1991;

n) Transport Coordination Act 1996;

o) Australian Federal Police Act 1979 (Commonwealth);

p) Criminal Code Act 1995 (Commonwealth);

q) Migration Act 1958 (Commonwealth); and

r) Occupational Safety and Health Act 1994.

2. Compliance with Policies and Procedures

The Contractor shall develop an Operating Manual and operational procedureswhich are consistent with the following operational policies and proceduresrespective to the Client Agencies:

a) Commissioner's Rules;

b) Policy Directives;

c) Operational Instructions;

d) Department of Corrective Services Assistant Commissioner CustodialOperations Notices;

e) Standing Orders;

f) Rules of Court;

g) Rules as defined in section 32 of the CS&CS Act; and

h) Codes of ethics and conduct as referred to in section 38(h) of theCS&CS Act as amended or issued from time to time.

3. Interface with Other Parties

To ensure the effective delivery of services the Contractor shall develop proceduresto interface with government agencies, the public and other service providersincluding but not limited to:

a) DotAG;

b) WA Police;

c) DCS;



d) The Western Liberty Group who are the Central Business DistrictCourts service provider;

e) The Inspector of Custodial Services;

f) Department of Immigration and Citizenship;

g) Australian Federal Police; and

h) Not for profit and other welfare groups.

The Contractor shall:

a) Develop and implement a procedure for communication with eachClient Agency with respect to incidents, security and welfareintelligence, and crime prevention; and

b) Liaise with Client Agencies and their nominated staff to assess risksand operational requirements on a daily basis.

4. Duty of Care

The charge of Persons in Custody must be exercised properly, responsibly and inaccordance with legislative provisions. It is the Contractor's responsibility to:

a) Make provision for the needs of persons in their charge from diversecultural backgrounds with particular regard for Aboriginal people;

b) Make provision for persons in their charge with specific needs;

c) Preserve the human dignity, security, care and well being of everyperson in their charge;

d) Ensure persons in their charge are provided with the necessities oflife; and

e) Ensure that Persons in the charge of the Contractor are entitled to bedetained in a safe and secure environment.

The Contractor shall ensure that all Persons in Custody are treated with humanity,dignity and sensitivity and are not subjected to harsh or degrading treatment,physical or psychological abuse. All Persons in Custody are entitled to, and theContractor is obliged to exercise, reasonable care in the conduct of an activity andto take reasonable care of a person. When a PIC is in the care and control of theContractor, then the health, safety, and welfare that person is the responsibility ofthe Contractor until such time as the person is formally handed over to the care ofanother agency or is released from custody by an order of the Court or person whohas statutory powers to do so.

5. Industry Best Practice

The Contractor shall deliver services to the standard which would reasonably andordinarily be expected or better from a skilled and experienced operator of similarfacilities and services (whether private or public) for similar jurisdictions inAustralia, the United Kingdom, the United States, Canada or New Zealand.



6. First Aid/ Health care

The Contractor shall administer first aid when required during the period a PIC is intheir custodial care. If the PIC has a requirement for first aid or health care and,the requirement is such that it cannot routinely be dealt with and necessitatesimmediate health care, then the Contractor shall ensure that medical treatment ismade available and/or arrange escort or ambulance transport of the PIC tohospital. Where secure transport vehicle is to be used and should there be anydoubt about the PIC's fitness to travel, the Contractor must seek professionalmedical advice prior to the escort commencing.

The Contractor shall also manage first aid or medical emergencies involving anyperson in any Court facility serviced under the Contract. This would includerendering basic first aid or assisting in arranging for external health care orevacuation to a medical facility. The Contractor shall supply and maintain an oxy-viva unit and resuscitation equipment and first aid equipment in each Courtcustody centre and Lock Up to assist in applying external air resuscitation and fortreatment of minor injuries to persons in the facility.

In the event that a person in the custody of the Contractor at a custodial facilityrequires escort to a medical facility then advice must be provided to the ClientAgency of this event.

Emergency resuscitation equipment and first aid equipment should also be carriedon vehicles used for movement services.

7. Self Harm

The Contractor shall ensure that Persons in Custody who are at risk to themselvesthrough self-harm, suicide or their psychiatric conditions, are appropriatelymanaged to prevent injury or self-harm.

8. Medication

The Contractor is responsible for the management of prescribed medicationrequired by Persons in Custody under their supervision. Any prescribed medicationshould be issued in a responsible and professional manner in accordance withmanufacturers or dispensing practitioner's instructions. If any doubt exists theContractor shall refer to a qualified health professional for advice.

9. Custody and Security

The Contractor is responsible for ensuring the minimisation of all risks associatedwith the provision of safe and secure custody arrangements and movement ofPersons in Custody. Of primary significance are risks that jeopardise one or moreof the following:

a) The safety of the judiciary and members of the public;

b) The security of every PIC;

c) The safety and well being of every PIC; and

d) The safety of Contractor and Client Agency staff.



10. Risk Management

The Contractor shall develop and implement risk management strategies andinclude these strategies in the Contractor's Operating Manual. A Risk ManagementPlan shall also be provided to the Contract Manager and nominated Client Agencyrepresentatives and implemented. The protocols and methodologies used informulation of the plan shall meet the individual operational requirements of theClient Agencies and be at least equivalent to Standards Australia AS/NZS ISO3100:2009 Risk Management and AS/NZ Handbook 167:2006 Security RiskManagement.

In particular, the Contractor shall include risk management strategies andassessments in managing security and retaining control within the Courts andcustodial facilities and ensure that the Contractor meets its duty of care obligationsto Persons in Custody while being transported and to ensure their ongoing custodyand security.

The Contractor shall assess risks on a daily basis and liaise with the DotAG CourtSecurity Directorate, nominated DCS representative and nominated WA Policerepresentative to control, mitigate and minimise risks associated with therespective Client Agency's risks.

11. Emergency Management

The Contractor shall manage and control all emergency situations in a mannerwhich complies with relevant legislation, regulations, approved Operating Manual,procedures and communication protocols.

Emergency situations may include but are not limited to:

a) Death or serious injury of a PIC in the care of or control of theContractor;

b) Escape or attempted escape of a PIC;

c) Riot or loss of control;

d) Hostage taking or threats to Court Users;

e) Courtroom disturbance that may affect Court proceedings;

f) Bomb threats;

g) Serious traffic accident;

h) Escort vehicle breakdown;

i) Chemical, biological or Radiological incidents;

j) Contagious illness;

k) Fire; and

I) Other disturbances that may affect safety or that may be identifiedarising from section 10.



The Contractor must develop operating plans and emergency procedures andimplement appropriate mechanisms concerning the emergency procedures, inconjunction with the appropriate authorities including the Fire and EmergencyServices Authority of Western Australia, WA Police, DotAG, DCS and theDepartment of Health. In certain circumstances such as hostage taking, theseauthorities may assume a coordinating or controlling role. In these circumstancesthe Contractor shall allow the State agency concerned unrestricted access tosecurity and surveillance equipment and systems and provide any other assistancenecessary to control the emergency situation.

The Contractor must conduct joint exercises with the relevant authorities at eachservice location, not less than once each year. The Contractor must promptlyresolve any defects in or address any issues concerning the emergency proceduresor Operating Manuals identified as a result of these exercises, and that are withinthe contracted service.

12. Operating Manual

The Contractor shall develop an Operating Manual which specifies the operatingphilosophy of the Contractor and the mechanism for meeting the servicerequirements and carrying out obligations pursuant to the Contract.

The manual will include, but not be limited to the following:

a) The operating philosophy of the Contractor;

b) The mechanisms for meeting the requirements of the services;

c) Human resource policies;

d) Details of the Contractors management and staff structures;

e) An Emergency Procedures Manual;

f) Operating Plans relating to the provision of Court security, Courtcustody, Police Lock Up custody services and prisoner movementservices; and

g) Procedures relating to the provision of court security, court custody,Lock Up custody services and PIC movement services.

Procedures relating to Court security shall include, but not be limited to,consideration of the following:

a) Safety of Court Users;

b) Entry security, including screening via security checkpoint;

c) Handling, storage and dispatching of unauthorized articles;

d) Registry security;

e) Overall building security;

f) PIC security;

g) Management of PIC;



h) Reception into Court buildings;

i) Risk management;

j) Interface with Client Agencies;

k) Availability and suitability of security personnel;

I) Roving guards;

m) Courtroom security;

n) Segregation of Court Users;

o) Car park management;

p) After hours security and access;

q) Access cards and keys;

r) First aid/health care;

s) Complaints;

t) Emergency management; and

u) Reporting.

Procedures relating to court custody shall include, but not be limited to,consideration of the following:

a) Receiving of PIC/Bailees;

b) Searching of PIC, Bailees and visitors;

c) Informing PIC and Bailees of processes, procedures and rights;

d) PIC property management;

e) Classification and segregation of PIC/Bailees;

f) Assisting High Security Escort operations conducted by DCS, otherState or Commonwealth government agencies including WA Police;

g) Custody Centre Control and cell monitoring functions;

h) Supervision of PIC;

i) Use of instruments of restraint/restraint equipment;

j) Management of PIC from a prison who is a witness;

k) Movement of PIC and Bailees to and from Courtroom;

I) Visits legal and support services;

m) Visits other Agencies;

n) Self-representing PIC;



o) Safety;

p) Risk management;

q) Interface with other parties;

r) Discharge of PIC;

s) Arrangements for returning released PIC to their home locality;

t) Management of people with disabilities;

u) Interpreters for non-English speaking persons;

v) First aid;

w) Management of At Risk prisoners and Prevention and reporting Selfharm;

x) Medication;

y) Food services;

z) Cleaning and hygiene;

aa) Emergency management including evacuation; and

bb) Reporting.

Procedures relating to Lock Up custody services shall include, but not be limited to,consideration of the following:

a) Receiving of PIC/bailees;

b) Searching of PIC, bailees and visitors;

c) Informing PIC and bailees of processes, procedures and rights;

d) PIC property management;

e) Classification and segregation of PIC/bailees;

f) Assisting High Security Escort operations conducted by DCS, otherState or Commonwealth government agencies;

g) Lock Up control and cell monitoring functions;

h) Supervision of PIC;

i) Use of instruments of restraint/restraint equipment;

j) Management of PIC from a prison who is a witness;

k) Movement of PIC and Bailees to and from Courtroom;

I) Visits legal and support services;

m) Visits other Agencies;



n) Self-representing PIC;

o) Safety;

p) Risk management;

q) Interface with other parties;

r) Discharge of PIC;

s) Arrangements for returning released PIC to their home locality;

t) Management of people with disabilities;

u) Interpreters for non-English speaking persons;

v) First aid;

w) Management of At Risk prisoners and Prevention and reporting Selfharm;

x) Medication;

y) Food services;

z) Cleaning and hygiene;

aa) Emergency management including Evacuation; and

bb) Reporting.

Procedures relating to movement of Persons in Custody shall include, but not belimited to, consideration of the following:

a) Duty of Care;

b) Conduct and control of escort operations;

c) Authority to move Persons in Custody (documentation);

d) Receipt and handover of Persons in Custody;

e) Confidentiality of PIC records;

f) Searches (PIC and vehicle);

g) Risk management;

h) PIC at risk management;

i) PIC segregation;

j) Medical escort;

k) Funeral escort;

I) Hospital sit;

m) Secure escort vehicle long haul escorts;



n) Secure escort vehicle general escorts;

o) Coach long haul interprison escort;

p) Air Escorts commercial and charter;

q) Prisoner property;

r) Injuries or illness during escort;

s) Vehicle management;

t) Traffic accident, traffic congestion or escort delay;

u) Vehicle breakdown;

v) Death in Custody;

w) First aid/health care;

x) Complaints;

y) Emergency management; and

z) Reporting.

13. Incidents

The Contractor shall develop procedures to ensure that the Contract Manager andthe nominated Client Agency representatives are notified verbally immediately, oras soon as reasonably practicable in the circumstances, but no later than fifteen(15) minutes of the Critical Incident having occurred. A written report is to besubmitted to the Contract Manager within four (4) hours of the incident. A CriticalIncident may include, but is not limited to the following:

a) Any escape by a PIC;

b) Any event that results in a loss of control of a PIC or a facility forwhich the Contractor requires external assistance to regain control;

c) A death of any person;

d) Any serious assault on any person;

e) Any serious self harm (including any attempted suicide);

f) Any incidents of serious misconduct by a Contractor Employee(including, but not limited to a serious breach of discipline);

g) Rescue or attempted rescue;

h) Major disruption to court proceedings;

i) Unlawful release or unlawful detention;

j) Any situation that required the implementation of emergency plans(including but not limited to a riot, a hostage situation, a bombthreat, a natural or technological disaster, fire); and



k) Without limiting the foregoing any major disturbance or changes tothe operation of the Contractor that could lead to a disruption to theContractor's ability to meet the Contractor Obligations.

The Contractor shall develop procedures to ensure that Major Incidents arereported to the Contract Manager and the Client Agency Representative as soon asreasonably practicable in the circumstances, but no later than one (1) hour of theMajor Incident having occurred. A written report is to be submitted to the ContractManager within twelve (12) hours of the incident. Major Incidents include, but arenot limited, to the following:

a) Any event or incident that has or is likely to jeopardise the health,safety or security of any person or the public in general (includingany assaults, attempted assaults or attempted self harm);

b) Any event or incident that has or is likely to adversely affect thesecurity, good order or management of a facility (including anyattempted escape);

c) Any event or incident that has or is likely to disrupt the ability of theContractor to provide a Service;

d) Any event or incident that has or is likely to impact on a ClientAgency's ability to deliver State Services;

e) Any event or incident that results in any person being hospitalisedor needing ongoing medical attention;

f) Any complaint made against the Contractor, including the loss ordamage to the property of a PIC;

g) Any matter about a PIC referred to police; or

h) Any event involving the use of force or chemical agent.

Where the circumstances of a Critical or Major Incident are likely to require aninternal investigation or investigation by the WA Police, the area in which thecritical incident occurred shall, to the extent possible in the circumstances, besealed off and treated as a crime scene.

14. Reporting

The Contractor shall provide reports in accordance with the terms of the Contractand to develop the appropriate procedures to ensure that the required operationalinformation is recorded and reported to the Contract Manager and Client Agencyrepresentatives as required.

Incident, situation and intelligence reports concerning movements or Court securityand custody are to be submitted in accordance with the respective Client Agencyrequirements. The Contractor shall also be required to provide other reports asrequired to assist in the general administration of the Contract and to assist in themonitoring of service delivery.



14.1 Incident Reporting

The Contractor shall ensure that all reporting of incidents, critical and major, ismanaged in a timely and accurate manner and is completed in accordance with thecategory of incident and the time constraints as stated in the Contract.

The Contractor must ensure that all Incident Reports contain:

a) Unique incident number;

b) Date and time of incident or matter to be reported;

c) Date and time notification received;

d) Nature of incident;

e) Full details of the incident;

f) Location of incident;

g) Name and Contact details of the person reporting the incident;

h) Name and details of any judicial officer, staff member, Court user,member of public or PIC involved in the incident;

i) Actions taken by the Contractor in respect of each including the fullname and contact details of the officer responsible for providingadditional information or answering a Client Agency's questionsregarding the matter; and

j) Full name of all others involved.

14.2 General Reporting

The Contractor shall provide the Contract Manager with a monthly performancereport which includes, but is not limited to, information relating to:

a) Contractor's performance against Contract key performancemeasures (KPIs);

b) Descriptive report on Contractor's performance and delivery ofservices, including service delivery statistics;

c) A summary of critical and major incidents and actions taken; and

d) Resourcing inputs utilised in the delivery of services.

The Principal will also require the Contractor to submit an Annual PerformanceReport, which includes, but is not limited to, information relating to:

a) The Contractor's major achievements;

b) The major challenges faced by the Contractor; and

c) The total cost to the Principal for the Contract.



Other information that may be required upon request to assist with themanagement of services may include but is not limited to:

a) Departure times of movement services;

b) Numbers of movements undertaken, identity of Persons in Custodyand the vehicles tasked with the movement includingregistration/call sign and prisoner security rating and gender;

c) Opening and operating times of Courts;

d) Location of prisoners at all times (e.g. in custody centre, in dock, invan etc.);

e) Number of hours and minutes spent by Persons in Custody in Courtcustody centres; and

f) Length of time spent in transit for movement services.

Reporting requirements are detailed further at clause 29 of the Contract.

14.3 Court Security and Custody Reporting

The Contractor shall be required to use and record information as part of its serviceto enable Persons in Custody to be managed and tracked while in the Courtbuilding. This may be through the use of an information system or other processesand associated documentation which will provide management information,location and tracking of Persons in Custody and their property at all times.

Where computer based information management systems or processes areintroduced by the Contractor, the Contractor must develop procedures andprocesses to enable the keeping of paper records during any power or systemfailure periods, to ensure services and data recording and reporting are notaffected. The Contractor shall keep their personnel trained in the use andrequirements of the reporting procedures.

The Contractor shall develop and implement recording and reporting processes andprocedures which provide up to date, accurate 24 hours a day availability (toapproved users) information on the following:

14.3.1 Court custody centre management

a) Summary information of all PIC in custody centres;

b) Information on PIC location within custody centres;

c) PIC cell allocation and status in all custody centres;

d) Number of PIC within a single Court facility; and

e) All PIC information must be able to be viewed together with fromwhere information was sourced.



14.3.2 Individual Court location management information

a) Display Persons in Custody who have completed legal consultations;

b) View PICs that have arrived against the current Court listing andtheir associated hearing;

c) View PICs scheduled for Court hearing on a specified date that havelegal representative;

d) View PICs scheduled for Court hearing with legal representative;

e) View consolidated Court listing info by Courtroom or judicial officer;

f) View consolidated Court listings information by PIC name and anyassociated restraint;

Ability for the user to reorder the Court appearance list; andg)

h) Ability to view consolidated Court listings information by Courtroomor Judicial Office.

14.3.3 The Contractor shall develop and implement recording and reporting procedureswhich provide up to date, accurate 24 hours a day availability (to approved users)information on the following:

a) Personal details of the offender/accused;

b) Arrest details;

c) Risk management information including segregation;

d) Alerts;

e) Next of kin;

f) Management regime;

g) Medication-including the issue and management of, including anyrefusal;

h) Observations of Persons in Custody including "at risk" observations,timings and frequency;

i) Clothing condition;

J) Health and welfare;

k) Property-details of management including full or partial disposal tothird parties;

I) Cell allocation;

m) The control, tracking and management of Persons in Custody;

n) Integrating PIC information exchange between DotAG, DCS, WAPolice and the Contractor;



o) Information security to ensure the confidentiality of the personalinformation;

P)

q)

PIC history;

PIC security classification and segregation and/or handlingrequirements;

r) Movements and location of Persons in Custody at all times;

s) Special instructions or alerts for matters such as health, medicationrequirements, protection, diet, disabilities or the need for aninterpreter;

t) Incident reports pertaining to Persons in Custody;

u) Visitors to Persons in Custody;

v) Property records;

w) Provide for the tracking of an audit trail for all property managed bythe Contractor including the management and disposal of contrabandand illegal unauthorised articles;

x) Intelligence reports pertaining to PIC and Court users;

y) Results of searches undertaken at weapons detection stations, frompat down and strip searches and any contraband/articles detectedand names of officers involved; and

z) Data for Contract and service monitoring and reporting.

14,3.4 Upon receipt of the PIC into the Court custody area or Lock Up, the Contractorprocedures will ensure that the following information is recorded

a) Instructions such as Return Order to prison

b) Time of arrival at custody centre,

c) Cell allocation;

d) Property;

e) Medication issued;

f) Management regime;

g) Special requirements;

h) Application for and approval/denial of restraints;

i) Meal requirements, including when issued and if refused;

j) Court in which the PIC is to appear;

k) Whether PIC is currently in Court;

I) Movement history whilst in custody centre including arriving andleaving cell and other movements in the Court building; and



m) Names of visitors to the PIC in custody centre including legalrepresentative and/or interviews and recording of reason for anyrefusal of visitor; and

n) Telephone requests made by PIC including the time, type of request,person contacted, and if terminated, the reason for doing so.

The Contractor shall update the above information as the PIC is moved through aCourt custody centre and Court building.

14.3.5 Upon departure of Persons in Custody, the Contractor procedures will ensure thatthe following information is recorded:

a) For remanded or sentenced Persons in Custody data on alerts,incidents or other information relevant to the prisoner's managementwithin the prison is entered into TOMS;

b) Where required, PIC Property details are input into TOMS;

c) Record booking of transport request;

d) PIC's time of departure;

e) Court outcome recorded and reason for release from prison, bail,etc;

f) Notification to Victim Support Services and specified otherorganisations/agencies of PIC release;

g) Surety details recorded;

h) Processes must have the ability to return PIC property partially orfully; and

i) Handover checklist completed.

15. Contractor Employees


a) Be responsible for the recruitment, selection and training ofContractor Employees and ensure that all employees haveappropriate attributes;

b) Apply equal opportunity and employment diversity principlesincluding reasonable endeavours to employ persons of Aboriginal andTorres Strait Islander descent;

c) Ensure all Contract Workers employed to provide Court security andcustodial services are permitted in accordance with the Act and thatsuch permit holders comply with the terms of their permits;

d) Ensure services are provided by Contractor Employees in accordancewith the Contractor's Code of Conduct as approved by the State; and



e) Ensure all Contract Workers present themselves in the approveduniform in a clean and presentable manner at all times and ensurethat their permit identification is visible with the name showingoutward.

16. Contractor Staff Training

The Contractor shall provide training having regard for:

a) The International Framework for Court Excellence (and/or itssuccessors) where the work of the Contractor affects theachievement of Court excellence;

b) The Standard Guidelines for Prisons where the work of theContractor affects the achievement of the principles and intentions ofthe standards;

c) CSCO7 National Training Package for Correctional Practice; and

d) The Corrections and Detention Centre Private Sector Award 2010(and/or its successors).


a) Provide training as a Registered Training Organisation (RTO) oralternatively ensure that all training is provided by an RTO;

b) Provide training that meets the requirements of the AustralianQualifications Training Framework (AQTF);

c) On an annual basis provide to the Client Agency and ContractManager evidence of compliance with the standards for RegisteredTraining Organisation and the Australian Quality Training Frameworkthat meets the audit requirements of the relevant National and Stateregistering bodies;

d) Provide training that meets the intentions and requirements of theGuidelines, Standards, and Frameworks as they apply to Courtsecurity and custodial services;

e) Ensure that all relevant training meets the competency requirementsof CSC07: Correctional Service Training Package (or its successors);

f) Ensure that notwithstanding the requirements of CSCO7 detailedbelow, all Contract Workers are 'job ready' prior to commencingduties. To be deemed 'job ready' such an officer must havecompleted a course of training and a program of practice andassessment approved by the Client Agencies and Contract Manager.Such training must, as a minimum, include demonstratedcompetence in:


1. the five (5) Core Units of the Certificate III inCorrectional Practice;

2. Areas 3, 4, 6, and 7 of the InternationalFramework for Court Excellence; and

3. Court protocols, practices, and etiquette.



g) Ensure that notwithstanding the requirements of CSCO7 detailedbelow, all Contract Workers employed as a Court Security and/orCustody Supervisor are 'job ready'. To be deemed 'job ready' suchan officer must have completed a course of training and a programof practice and assessment approved by the Client Agency andContract Manager. Such training must, as a minimum, includedemonstrated competence in:

1. The five (5) Core Units of the Certificate IV inCorrectional Practice;

2. Units of Competence from the ElectiveComponents of the Certificate IV in CorrectionalPractice approved by the Client Agency andContract Manager related to Court Operations,Emergency Response, General OffenderManagement, Investigation and Intelligence,Safety and Security, and Supervision; and

3. Areas 3, 4, 5, 6, and 7 of the InternationalFramework for Court Excellence.

h) Ensure that all Contract Workers have attended a course of trainingand are qualified in Senior First Aid (or its equivalent), and remaincurrent in the qualification. Refresher/continuation training in thisqualification is to be completed by all Contract Workers at least onceeach two years;

i) Ensure that any qualification or claimed competence provided by aContract Worker is validated and confirmed before being taken intoaccount as a consideration for training and/or employment. Suchvalidation is to occur prior to the Contract Worker being employed toundertake High Level Security work;

J) Ensure that cultural awareness training includes location/areaspecific knowledge and such training is undertaken by an officer priorto the commencement of duties at any location.

k) Ensure that prior to the commencement of any training, the trainingprogram, module and session content, practice, and assessmentmethodologies is approved by each of the Client Agencies andContract Manager;

I) Ensure that all Court Security and Custody Officers employed by theContractor and who are required to perform High Level Securityduties are qualified to a minimum of Certificate III in CorrectionalPractice at the time of appointment, or are so qualified not later than12 months after appointment to such duties; and

m) Ensure that all Contract Workers employed by the Contractor asSupervisors of Court security and/or custodial services are qualifiedto a minimum of Certificate IV in Correctional Practice at the time ofappointment, or are so qualified not later than 12 months afterappointment to such duties;

Training requirements are detailed further at clause 20 of the Contract.



17. Uniform

The Contractor shall provide a range of uniforms for staff engaged in the provisionof the Services. The uniforms must be approved by the respective Client Agenciesand the Contract Manager.

Uniforms should include attire suitable for Court security services in the public andCourt settings, operational duties in custodial settings and operational duties inmovement settings. Where logos or other markings/branding are proposed, theymust be approved by the Client Agency and Contract Manager.

Uniforms must be:

a) Of good quality and style;

b) Appropriate to the service setting;

c) Appropriate to the climatic conditions and work requirements;

d) Worn at all times in the provision of services; and

e) Worn as a complete uniform.

18. Vehicles

The Contractor shall ensure that sufficient and appropriate types of transport thatare serviceable and available are provided daily to allow it to discharge itsobligations and to fulfil the necessary arrangements for secure escorting of allclassifications of Persons in Custody in appropriate types of transport under thisContract.

Vehicle requirements are detailed further in Schedule 6 and in clause 26 of theContract.

19. Code of Conduct

The Contractor must develop a Code of Conduct applicable to all staff detailing theappropriate standard of conduct to be observed. The code should be consistentwith the provisions of the Code of Ethics and Conduct Code as published by theOffice of the Public Sector Standards. The Contractor's permitted staff are publicofficers and are to perform their responsibilities in strict compliance with the lawand the Contractor's Code of Conduct. Code of conduct requirements are detailedfurther at clause 18 of the Contract.

20. Complaints

The Contractor must develop procedures for receiving and responding tocomplaints and these procedures are to be included in the Operating Manual. Theprocedures shall be at least equal to ISO AS10002:2006 Customer Satisfaction-Guidelines for complaints handling in organisations.


a) Resolve issues, conflicts and complaints using open, repeatable andlegitimate processes;



b) Ensure that Persons in Custody and/or Court Users are informed ofthe processes for making complaints and for resolving disputes;

c) Ensure that Persons in Custody and/or Court Users have appropriateaccess to the processes to register requests or complaints andresolve dispute;

d) Take whatever reasonable action is deemed necessary on a Personsin Custody and/or Court User's complaint or to resolve a dispute;and

e) Record all complaints together with details of how each matter wasdealt with.

21. Contract Administration

The Contract administration function will comprise the Principal (the Commissioner,Department of Corrective Services), who may delegate the management of theContract to an officer who will be referred to as the Contract Manager.

Contract governance will be provided by a management board, a Client Agencyforum and a Contract management forum. The membership and frequency ofmeetings of the CS&CS Board, Client Agency Consultative Committee and ContractManagement Group will be determined by the Principal. The Contractor shallattend meetings, including the above when provided with seven (7) days notice byformal notice and agenda.

22. Quality Assurance

The Contractor is to achieve certification under AS/NZS ISO 9001:2008 QualityManagement systems within twelve months of commencement of services. Suchaccreditation is required to be maintained for the duration of the operation period.The Principal may deem achievement of another recognised equivalent standardsufficient to meet this specification.

Quality Assurance requirements are detailed further at clause 11 of the Contract.

23. Information Systems

The Client Agencies must be satisfied at all times that the Contractor has thecapability and capacity to maintain information and communications technologysoftware and infrastructure to undertake all functions necessary for theperformance of the Contractor's Obligations under this Contract.

The Client Agencies operate information technology systems that are used tomanage offenders in prison, court and custodial services, and Lock Ups, which willcontinue to be used by the Client Agencies throughout the term of the Contractunless otherwise replaced at the discretion of the Client Agencies.Notwithstanding that the Client Agencies will continue to operate their respectiveinformation technology systems, the Contractor shall provide informationtechnology systems that will contribute to the overall efficiency and effectiveness ofCourt Security and Custodial Services.



The Contractor's System capabilities shall include, but not be limited to:

a) Managing prisoner transfer operations, scheduling and logistics andoptimisation planning;

b) PIC, court and custody management and status tracking;

c) Fleet management capability that records location, daily andcumulative mileage, routes, details per vehicle of maintenance,breakdowns and so on;

d) Interfacing capabilities with the Client Agencies' informationtechnology systems;

e) Reporting capabilities; and

f) The established use of the Contractor's System in its operatingpractices.

The following describes each of the Client Agencies' information technologysystems as at the Commencement Date. These systems may be amended orreplaced during the Term of the Contract.

23.1 TOMS

TOMS is the Department of Corrective Services (DCS) core custodial informationsystem. It is primarily used by prison and detention centre staff to recordinformation relating to Persons in Custody and aid in the management of offenders

technology system used by DCS to aid in the management of offenders in custody.

Access to TOMS will be granted to the Contractor under terms specified by DCS.TOMS will be utilised by the Contractor to submit information, situation andintelligence reports as well to assist in the management of Persons in Custody andto advise of movement requirements.

It should be noted that TOMS does not include a prisoner transport module tomanage prisoner transfer operations, scheduling and logistics, which is a capabilityto be provided by the Contractor. TOMS is integrated with other internal systemsas well as systems managed by other agencies such as DotAG's C3S described at23.2.

23.2 C3S

The Custodial Services Support System (C3S) has been developed by theDepartment of the Attorney General to facilitate the management of Persons inCustody at the District Court Building. This includes PIC movements, court custodyand security processes and services.

The system has been developed to provide efficiencies in the operations of thedelivery of services by custody centres. These include greater controls in themovement, management and monitoring of PIC as well as improved administrativefunctions.



At the Commencement Date it is not anticipated that C3S will be utilised byContractor staff under this Contract. In the event that DotAG decides to extend theuse of C3S during the Term of this Contract, the Contractor may be required tointerface with C3S accordingly.

23.3 Police Custody

WA Police's Custody application provides State-Wide availability and timelyrecording of Lock Up Custody related events in a single system. The scope ofCustody is to record details of persons that have been arrested, detained or takeninto protective custody. The application details events related to CustodyAdmission, Lock Up Admission, Custody Management, Property Management, BailManagement and the Release and Transfer of persons registered into custody.

At the Commencement Date the Contractor shall not have access to the WA PoliceCustody system. In the event that WA Police decides to extend the use of thePolice Custody system during the Term of this Contract, the Contractor may berequired to interface with the Police Custody system accordingly.

23.4 Interfacing Requirements

The minimum interfacing requirement is for the Contractor to exchange informationwith the Client Agencies on an as needed basis (as required by the Client Agencies)in a format that is easily processed and can be used by the Client Agencies withminimal effort such as spreadsheets, CSV files and the like.

The Contractor's System must be designed to exchange information with the ClientAgencies using industry based standards that are compatible with the ClientAgencies' requirements as advised to the Contractor from time to time.

The extent to which the Contractor's System are interfaced with the ClientAgencies' information technology systems will be dependent on (a) the capabilitiesof the Contractor's System, (b) the ability to exchange information with the ClientAgencies and (c) any controls such as restricted access or security applied by theClient Agencies.


Court Security and Custodial Services Schedule 6 Movement Requirements

SCHEDULE 6: MOVEMENT SERVICES

1. Description

Movement Services involves the movement of Persons in Custody between prisons,Courts, Police Lock Ups and other custodial locations for approved purposes asdefined by Sections 15 and 16of the CS&CS Act.

This service does not include the movement of young offenders subject to theYoung Offenders Act 1994.

In the delivery of movement services the Contractor shall be required to ensurethat transfers are effected in a safe, secure, decent and humane manner havingdue regard for the continued custody of the Person in Custody, the safety andsecurity of staff and the community and the efficient delivery of Services.

The Contractor shall provide sufficient staff, resources and modes of transport to:

a) Ensure the safety of people and property during movement;

b) Exercise a high level of duty of care in an ethical and humanemanner;

c) Make provisions for PICs with specific needs;

d) Preserve the human dignity, security, care and well being of everyPIC; and

e) Ensure PICs are provided with the necessities of life.

The Contractor shall ensure that all PICs during movement services are treatedwith humanity, dignity and sensitivity and are not subject to harsh or degradingtreatment, physical or psychological abuse. All PICs are entitled to, and theContractor shall exercise, reasonable care.

2. Custody and Security Principles

The provision of movement services involves the safe, secure and timelymovement of all PICs with due regard for age, gender, health and risk status forthe following purposes:

a) Movement to a Court, or other nominated place for the purpose ofany judicial proceeding;

b) Movement to a prison from a Court or Police Lock Up following thedisposition of any judicial proceeding;

c) Movement between prisons;

d) Movement of prisoners to and from prison for medical treatment andappointment;

e) Movement of prisoners to any other custodial location for a bona fidepurpose as defined by Section 83 of the Prisons Act 1981 includingfunerals and to visit an ill relative; and

f) Charge of a prisoner whilst admitted to a hospital.



3. Minimum Movement Requirements

In delivering the required Services the Contractor shall ensure the following generalminimum requirements:

a) The management of PIC movement is to be tasked and coordinatedto ensure timeliness of movements and an efficient and effectiveservice;

b) Persons in Custody are to be transported efficiently and managed ina safe, secure and humane manner under conditions commensuratewith the security and needs of each individual;

c) Persons in Custody are to be managed as individuals with dueconsideration to their individual needs as identified;

d) While Persons in Custody are in the charge of the Contractor theirmanagement should continue to be according to all relevantlegislation;

e) The proper authority and valid order authorising the movement of aPIC must be obtained prior to movement;

f) A risk assessment of each PIC as suitable for transport must beundertaken and should include an assessment of potential securityrisks as well as any matters which may impact on the PIC's welfare,safety and well-being;

g) All necessary documentation accompanies every PIC duringmovement and is handed over to the responsible person at theapproved place at the completion of the escort;

h) At risk and vulnerable Persons in Custody are to be managedappropriately to ensure their welfare and safety;

i) The mode of transport to affect a PIC's movement must be safe,secure and humane so as not to cause undue humiliation to Personsin Custody or the general public;

]) Timely information is to be provided to Persons in Custody subject tomovement regarding the journey to be undertaken, approximateduration of journey and other information considered necessary;

k) As far as practicable, ensure that the personal property accompaniesthe PIC during movement;

I) Appropriate segregation of Persons in Custody according to gender,risk or protection classifications and associations is to be provided;

m) Ensure that there is sufficient water for each PIC on board the vehicleand if the journey is likely to exceed four (4) hours duration oroccurs during a normal meal time, a meal is to be provided;

n) Movement of Persons in Custody is consistent with normal ClientAgency routine;

o) Persons in Custody are to be delivered to Courts at least thirty (30)minutes prior to the time scheduled on the warrant. The Contractor



P)

q)

shall endeavour to deliver Persons in Custody no earlier than sixty(60) minutes prior to the earliest listed Court appearance for courtsother than the District Court Building and Central Law Courts. TheContractor shall deliver Persons in Custody no earlier than ninety(90) minutes for the District Court Building and Central Law Courts;

Persons in Custody are to be collected from Court Custody Centres asearly as possible, but no more than sixty (60) minutes after the lastperson being dealt with by the Court;

Persons are not to be delivered into the Court Custody Centre afterthe Court's designated new listings cut off time unless when usingthe Court Custody Centre as a hub for ongoing transfer to anotherlocation;

r) Persons in Custody subject to movement are not confined in vehiclesany longer than is reasonably necessary to complete the journey;

s) Movement to approved location should be by the most direct route;

t) Access to nutritional food and water is provided when necessaryduring movement by the Contractor;

u) Where movement is by secure escort vehicle, regular physical checksof Persons in Custody shall be undertaken every two (2) hours toensure the safety, security, health and well being of the PIC. At thistime the Contractor is to verbally enquire directly with the PIC as tothe status of the PIC and additional food and water issued ifrequired;

v) Persons in Custody are adequately clothed to a standard appropriateto climatic conditions and public decency at all times duringmovements;

w) Access to prescribed medication to Persons in Custody is provided asrequired during movement;

x) Appropriate facilities and services for those prisoners with specialneeds is provided;

y) Any PIC in the charge of the Contractor is to be provided with timelyfirst aid/ medical treatment where required;

z) Staffing deployments are sufficient to provide for custody,containment, security, safety, care and well being of Persons inCustody during movement;

aa) Information and accurate reporting of Incidents is timely;

bb)Arrival and departure times of vehicles and other information relatingto the movement including vehicle and PIC identification are recordedand can be verified; and

cc) PICs for different service types may be moved within the samevehicle.



4. Mode of Transport

4.1 The Contractor shall determine the mode of transport most suitable for themovement of a PIC. This may include but is not limited to movement by:

a) Standard vehicle;

b) Secure escort vehicle;

c) Coach (with toilet) or bus (without toilet) vehicle;

d) Aircraft.

4.2 In choosing the mode of transport, the Contractor shall have consideration for thesecurity, care and wellbeing and the Contractor's duty of care to the person beingmoved, in addition to the safety of the community.

General standards to consider when determining the mode of transport include thefollowing:

a) A PIC shall not be transported in a vehicle/craft without a toilet forgreater than two (2) hours;

b) A PIC shall not be transported in a vehicle/craft without theopportunity to alight from the vehicle, for greater than four (4)hours; and

c) A PIC shall not be transported in a vehicle/craft for greater than eight(8) hours during a 24 hour period.

4.3 The Contract Manager may approve variations to the above to take intoconsideration the vast geographic regions of WA and that at times it may not bepossible to comply with the time restrictions of travel requirements.

4.4 Coach (with toilet) transport should be considered in the following circumstances:

a) Where the duty of care of persons in custody being held in a vehiclefor greater than 4 hours can be managed by providing a higher dutyof care and comfort through the use of bus or coach;

b) Where the number of persons requiring movement are likely to begreater than 14 Persons in Custody; or

c) Where coach travel is a more cost effective option than air.

4.5 Air services should be considered in the following circumstances:

a) Where the total road travel required in a single day is greater thaneight (8) hours;

b) Where the road travel required on any one leg would result in a PICbeing in a vehicle for greater than four (4) hours;

c) Where air travel is the only means of conducting the escort due toclimatic conditions;



d) Where air travel is a more cost effective option than road; or

e) Where urgency prevents the use of road travel.

4.6 Standard Vehicle

The Contractor shall undertake a relevant risk assessment to determine whetherthe person is suitable to travel in a standard vehicle, taking into account othersecurity measures the Contractor may put in place to ensure that the charge of theperson is maintained and the safety of the community is considered.

4.7 Secure Vehicle

The Contractor shall be required to be responsible for the provision and on goingmaintenance of a fleet of suitable vehicles for the provision of movement services.

Vehicles are to be maintained in good order and meet the DCS Minimum Standardfor Secure Escort Vehicles and any standards related to custodial transport in theNational Guidelines for Corrections in Australia 2004. Where the two guidelinesdiffer, the higher standard applies.

The Contractor shall ensure that it has at least one vehicle suitable for thetransportation of pregnant women, women with children and persons withdisabilities or otherwise impaired.

All transportation of children (accompanying a PIC) shall be undertaken incompliance with statutory requirements relating to the restraint of children inmotor vehicles.

All vehicles are to be appropriately licensed and registered in WA.

The drivers of all vehicles shall have an appropriate "F" class endorsement on theircurrent valid license.

The Contractor shall have a secure escort vehicle replacement strategy and shallnot use a secure escort vehicle (chassis) older than five (5) years old or greaterthan the manufacturer's warranty period or a secure escort vehicle pod older thanten (10) years old.

4.8 Coach/Bus

Where transport is to be undertaken by coach, the vehicle must meet the DCSMinimum Standards for the Provision of Coach Services.

The Contractor may purchase and operate their own bus/coaches or enter into aSubcontract with an Australian registered company for the provision of bus/coachesto be used for the movement of Persons in Custody. Any sub Contractor will needto meet the criteria relating to sub contracting as described and the provision ofthe service must meet the DCS' specifications.

4.9 Air Services

Where transport is to be undertaken by air, the services are to be provided inaccordance with the DCS Minimum Standards for the Provision of Air Charters andAir Services.



General principles for travel on air charter/ services include the following:

a) A PIC may be restrained by approved instruments of restraint withinthe aircraft sterile areas, between the vehicle and the aircraft andwhilst on the aircraft and additional restraints may be applied if thereis a reason to believe that they are a risk to themselves, escortingstaff or of escape;

b) Escorting officers will not carry or use chemical agent whilst on theaircraft or in the vicinity of the aircraft;

c) Use of force will not be used to ensure a PIC embarks an aircraft;and

d) Where a PIC refuses to embark an aircraft, escorting officers willreturn the person back to the Client Agency and alternative travelarrangements made.

5. Contractor Obligations

The Contractor shall not move a Person in Custody unless the appropriate authorityhas been obtained from the Client Agencies prior to removing or delivering any PICfrom or to a prison, Courts or Lock Ups for any purpose.


a) Provide sufficient escorting officers to ensure that safety, securityand good order is maintained during the escort;

b) Ensure that the vehicle used is in roadworthy condition and allfunctions of the vehicle, i.e. CCTV, call button, intercom, airconditioning, locks, are fully operable;

c) Have responsibility for the charge, security, health, safety andwelfare of the PIC under escort.

d) Maintain a log record of all observations and interactions with PICs;and

e) Provide for emergency plans in case of breakdowns, emergencies oraccidents.

6. State Obligations

In order to facilitate scheduled movement DCS will provide the Contractor with alist of the names and locations of Persons in Custody to be moved including pointof destination, timing requirements, any specific management instructions andrelevant risk details.

Prior to the commencement of any escort from Prison, a health assessment will beconducted to ensure fitness to travel. in accordance with DCS Policy Directive 75(Medical) Fitness to Travel Assessment for Prisoners undergoing Escorted Travel.

DCS will confirm that a Fit to Travel certification has been made and that escortingofficers are provided with any necessary medication and instructions provided byPrison Health Services Clinicians.



Where applicable, DCS will risk assess each person as suitable for air transport.The risk assessment should include an assessment of potential security issues aswell as any potential health issues which may preclude the person from air flight.

DCS must provide any information used in assessing each person's risk to theContractor, to determine the manner in which they provide custodial managementduring the movement.

In order to facilitate any scheduled movement or unscheduled movement fromdesignated Police Lock Ups to prison or other approved location, WA Police willprovide the Contractor with a list of the names and locations of Persons in Custodyto be moved including point of destination, timing requirements, any specificmanagement instructions and relevant risk details. All Persons in Custody handedover by WA Police to the Contractor must be fit to travel. Where the Contractorreceives a PIC from Police displaying injuries or ill health, the Contractor maydecline to accept the person without a medical clearance.

WA Police will provide the escorting officers with any necessary medication andinstructions.

Where applicable, WA Police will risk assess each person as suitable for airtransport. The risk assessment should include an assessment of potential securityissues as well as any potential health issues which may preclude the person fromair flight. WA Police must provide any information used in assessing each person'srisk to the Contractor, to determine the manner in which they provide custodialmanagement during the flight.

7. Movement Service Tasks

Movement service tasks which will be required include:

a) Court transfers;

b) Inter prison transfers;

c) Lock Up clearances;

d) Medical escorts;

e) Funeral escorts;

f) Hospital sits; and

g) Escorts for other approved purposes as described in the followingsections.

The Contractor shall generally not be required to conduct medical escorts, funeralescorts or hospital sits for those Persons in Custody located at Karnet Prison,Wooroloo Prison and Boronia Pre-Release Centre for Women, except by priorarrangement by the Contract Manager.

All secure Persons in Custody escorted outside the prison for the purpose of amedical escort, funeral escort and hospital sit will be restrained unless specificallydirected otherwise.

Unsecure Persons in Custody will be escorted without restraints being appliedunless otherwise determined by a risk assessment of the PIC.



7.1 Court Transfers

Where a Persons in Custody is remanded or sentenced by a judicial officer, theContractor shall transport the person to a prison or other custodial place asdirected on the warrant. This includes to:

a) Metropolitan Court facilities;

b) Regional Court facilities;

c) An Approved Hospital (Criminally Impaired Mentally Accused Act)example Gray lands Hospital (Frank land Unit);

d) Metropolitan Prisons;

e) Regional Prisons; and

f) Police Lock Ups.

The movement of Persons in Custody from Court to prison, or such other custodialplace as directed on the warrant, or from prison to Court involves the following:

a) The handover to the Contractor of the Persons in Custody andappropriate documentation authorising the movement;

b) The movement of the person under appropriate supervision andmonitoring;

c) Handover of Persons in Custody to either Contractor staff or ClientAgency staff at destination Court custody centre, which in thecountry areas is generally the servicing police station;

d) Subsequent takeover of the Persons in Custody and any courtdocumentation from either Contractor staff or Client Agency staff ifrequired;

e) Carriage of Court documentation; and

f) Handover of the Persons in Custody and any Court documentation toDCS staff at destination Prison or other custodial place as directed onthe warrant.

Movement services from prisons to Courts will be required from all prisonsincluding Karnet Prison, Wooroloo Prison and Boronia Pre Release Centre forWomen to Courts located throughout Western Australia. It is a requirement forPersons in Custody to be delivered to the required Court at least thirty (30)minutes prior to time scheduled on warrant for Court appearance. This is to allowfor sufficient time for consultation with legal representatives and other requiredvisits.

The Contractor shall deliver Persons in Custody to prisons from Courts no later than6pm except where the conduct of later Courts precludes this and the prison isnotified prior to arrival.

Table 1 details the locations of Courts subject to movement service requirements.These may be varied during the term of the Contract.



Table 1 Movement Services to Courts

Metropolitan Courts

Armada leChildren's CourtCentral Law CourtsDistrict Court BuildingEast Perth CourtFamily CourtFremantleJoondalupMandurahMidlandRockinghamSupreme

Major Regional Courts

AlbanyBroomeBunburyBusseltonCarnarvonGeraldtonKalgoorlieKununurraSth Hed land

Other Regional Courts

CollieBridgetownBurringurrahCoolgardieCueDaiwa llinuDerbyDongaraDonnybrookEsperanceExmouthFitzroy CrossingGinginGnowangerupHalls CreekHarveyJigalongJurien BayKalbarriKalumburuKarrathaKatanningLance linLavertonLeemanLeonoraManjimupMarble BarMargaret River

7.2 Interprison Transfers

MeekatharraMerredinMingenewMooraMorawaMt BarkerMt MagnetMullewaNarroginNewmanNorsemanNorthamNorthamptonNullagineOns lowRavensthorpeRockinghamRoebourneShark BaySouthern CrossThree SpringsTom PriceWarburtonWilunaWongan HillsWyndhamYalgooYandeyarra

Interprison transfers refer to the movement of a prisoner and their personalproperty from one prison to another, where the person is then handed over to DCSstaff or other Contractor staff.



The interprison transfer movement involves:

a) The handover to the Contractor of the PIC and appropriatedocumentation authorising the movement;

b) The handover to the Contractor of the PICs personal property,property inventory, management file and medical records, if any;

c) The movement of the person under appropriate supervision andmonitoring;

d) The carriage of relevant documentation, together with the PIC'spersonal property; and

e) Handover of the PIC and any personal property and documentationto DCS staff at destination Prison.

Where there is excessive property it is the prisons responsibility to have theproperty transferred to the destination. Prisons are to ensure that any medicationrequired is received by the prisoner prior to movement or detailed instructions areprovided to the escorting officers.

The Contractor shall schedule all movements to accommodate the operating timesof prisons. The Contractor is required in all circumstances to acknowledge andcooperate with established security protocols governing access to and exit fromprisons. These may differ between prisons.

Table 2 shows the Interprison transfer schedule requirements.

Table 2 Interprison Transfer Schedule

Interprison Transfers

Metro transfers ModeAll metro prisons Secure vehiclePerth Albany CoachAlbany- Perth CoachPerth Bunbury SecurePerth-Kalgoorlie CoachKalgoorlie-Perth CoachPerth-Geraldton AirGeraldton- AirRoebourne Broome AirBroome- Roebourne AirRoebourne- AirGeraldton to Perth Air

Mon. Tues. Wed. Thu. Fri...( ,.(

,.(

,./

,.(



7.3 Lock Up Clearances

The movement of a PIC from a designated Police Lock Up to Prison or otherapproved location involves the following:



c) Carriage of relevant documentation and /or personal property; and

d) Handover of PIC to Client Agency staff at destination Prison or othercustodial place as directed on the warrant.

7.3.1 Regional Lock Up Clearances

The conduct of Lock Up clearances and the movement of persons from countrylocations following a judicial decision will be undertaken from agreed hubs. WAPolice will transport Persons in Custody from other Lock Ups and police stations tothose agreed Hub locations and the Contractor shall move persons from the hubsas required.

Clearances from regional hub locations are to be conducted at the earliestopportunity with no clearance to take more than 24 hours from the time theContractor receives a fully documented request, unless otherwise agreed.

Table 3 shows the current police stations, the agreed hub locations for regionalareas from which the Contractor shall undertake movement, and the nearestreceival prison. Where practicable, the Contractor may undertake the movementfrom the originating Police Station.

Table 3 Regional Police Stations and Hub Locations for Movement

District Police Stations Hub locations for LockUp clearances Receiving prison

Kimberley Argyle BroomeBalgo DerbyBidyadanga Halls CreekBroome KununurraDampier PeninsulaDerbyFitzroy CrossingHalls CreekKalumbaruKununurraOombulgarriWarmunWyndham

Broome

Pilbara Dampier KarrathaExmouth NewmanKarratha South Hed landMarble BarNewmanNullagineOns lowPannawonica


Roebourne




ParaburdooPort HedlandRoebourneSouth HedlandTom PriceWickham

Mid West- Carnamah GeraldtonCarnarvon MeekatharraCue CarnarvonDongara WilunaGeraldtonJurien BayKalbarriLeemanMeekatharraMingenewMorawaMount MagnetMullewaNorthamptonPerenjoriShark BayThree SpringsYalgoo

Geraldton

Wheatbelt Bencubbin NorthamBeverley MerridenBruce Rock MooraCunderdinDaiwa llinuDowerinGinginGoomallingKellerberrinKoordaLance linMeridenMooraMukinbudinNorthamQuairadingSouthern CrossToodyayWongan HillsWundowieWyalkatchemYork

Metro Prisons

Goldfields Blackstone KalgoorlieCoolgardie LavertonEsperance LeonoraEucla WarburtonKambalda NorsemanKalgoorlie EsperanceKintoreLavertonLeonoraLeinsterNorsemanWarakurnaWarburtonWiluna

Eastern Goldfields

Great Albany Albany Albany




Brookton KatanningCorrigin NarroginCranbrookDenmarkDumbleyungGnowangerupHopetounKatanningKojonupKondininKu linLake GraceMount BarkerNarroginOngerupPingellyRavensthorpeTambellupWaginWalpoleWickepin

South West Augusta Bunbury BunburyAustralindBoyup BrookBridgetownBunburyBusseltonCollieDonnybrookDunsboroughHarveyManjimupMargaret RiverNannupPembertonYarloop

7.3.2 Metropolitan Lock Up Clearances

Perth Watch House Clearance

A daily clearance from the Perth Watch House of Persons in Custody who havebeen detained overnight at that location following arrest by Police in themetropolitan area is conducted.

The clearance from the Watch House will return the overnight arrestees tometropolitan Courts where they are due to appear or where a person has beenarrested by warrant that does not require a court appearance (example Warrant ofCommitment (Fine Default), the Contractor will deliver those Persons in Custody toprison.

Persons in Custody are to be delivered to Courts at least thirty (30) minutes priorto time scheduled on the warrant. The Contractor shall endeavour to deliverPersons in Custody no earlier than sixty minutes (60) prior to the earliest listedCourt appearance for Joondalup, Midland, Fremantle and Armada le. The Contractorshall deliver Persons in Custody no earlier than ninety (90) minutes for the DistrictCourt Building and Central Law Courts.



Table 4 shows the requirement for movement services from the Perth Watch Houseto metropolitan courts.

Table 4 Metropolitan Lock Up Clearances to Court

Location Destination Frequency

Perth Watch House District Court Building Monday-FridayCentral Law Courts Monday-FridayJoondalup Court Monday-FridayMidland Court Monday-FridayFremantle Court Monday-FridayArmada le Court Monday-Friday

In addition, there is a scheduled court transfer each Saturday or public holidayfrom the Perth Watch House to Hakea and Bandyup Prisons following the conductof the Saturday morning court at the East Perth Magistrate Court. Persons inCustody are to be collected as early as possible but no more than sixty (60)minutes after the last person being dealt with following the East Perth MagistrateCourt.

Table 5 shows East Perth Magistrate Court clearance requirements.

Table 5 East Perth Magistrate Court Clearance

Location Destination Frequency

Perth Watch House(East Perth MagistrateCourt)

Hakea PrisonBandyup Prison

Sat and PHSat and PH

Changes to requirements will occur following the opening of the new Perth PoliceComplex in 2012.

7.4 Medical Escorts

Section 83 of the Prison Act makes provision for the removal of prisoner fromprison for medical treatment (including dental and optical).

Medical Appointments may be classified as follows:

a) A medical appointment is an appointment made with a designatedmedical practitioner at a designated time;

b) Scheduled medical appointment means a medical appointment madewith more than 72 hours notice; and

c) An unscheduled medical appointment means a medical appointmentmade within 72 hours of the appointment time.

A medical appointment does not include appearance at hospital emergencydepartments or such like where appointments are not made.

A medical emergency means the need to attend a medical facility outside of theprison on the day the event or injury occurs and where an appointment has not orcannot be made.



The Principal shall endeavour to schedule medical appointments between the timesof 11.00am and 3pm. However, the Contractor will use its best endeavours todeliver PICs at the appointment time with priority being given to urgent medicalappointments. The Contractor must provide transport and escorts for all ScheduledMedical Appointments, and should endeavour to provide transport and escorts tounscheduled medical appointments.

The Contractor is not required to provide transport for medical emergencies.

The main public hospitals accessed for the treatment of Persons in Custody in themetropolitan area include, but are not limited to:

a) Royal Perth Hospital;

b) Sir Charles Gardiner Hospital;

c) Fremantle Public Hospital;

d) Swan Districts Hospital;

e) Rockingham/Kwinana Hospital;

f) Armada le Kelmscott Memorial Hospital; and

g) The Fiona Stanley Hospital when open.

Hospitals in major Regional Centres where prisons are located provide patientservices for those prisoners in those regional locations.

The Contractor is not expected to provide Hospital escorts to Hospitals in locationsother than those in which they normally provide services.

In the conduct of medical escorts the Contractor should establish and maintaingood relationships with the staff at treatment clinics or hospital. This includesadvising the medical facility in advance of the pending arrival of prisoners.However, at all times the responsibility for the security and management ofprisoners always remains with Contractor staff.

The Contractor should ensure that at least one officer is of the same sex as the PICunder medical escort so that due regard for decency, self respect and privacy ismaintained.

Where the requirement for medical treatment is of an urgent nature, themovement of the PIC will be by Ambulance under the escort of DCS staff. Wherethe PIC is later admitted to hospital, the Contractor is required to take over theHospital Sit within the agreed timeframe.

The conduct of a medical escort involves:



c) A risk assessment with regard to the application of restraints;



d) The management of the PIC at the destination point and subsequentreturn to originating prison; and

e) Handover of PIC and any documentation to DCS staff at originatingPrison at the conclusion of the escort.

It is a requirement for the PIC to be delivered to the approved destination prior tothe appointment time.

7.5 Royal Perth Hospital Outpatient Facility

The Royal Perth Hospital Outpatient Facility provides secure premises in which tohold secure Persons in Custody while they are awaiting treatment as hospitaloutpatients. The aim of the secure facility is to reduce the risk to the public ofhaving Persons in Custody stay in general outpatient waiting areas.

A similar facility is planned for the new Fiona Stanley Hospital.

The secure facility includes five (5) secure cells with an agreed holding capacity toaccommodate up to ten (10) secure prisoners but no more than two per cell. TheContractor shall risk assess each person attending and where necessary reduce thecapacity according to the risk profile of individuals and the cohort attending on anygiven day based on the following matrix:

a) Three Maximum Security prisoners no other prisonersaccommodated;

b) For each Maximum Security prisoner at the facility, capacity forMedium/Minimum Security prisoners is to decrease by two;

c) If no Maximum Security prisoner at the facility, up to tenMedium/Minimum Security prisoners can be accommodated; and

d) No more than two Medium Security prisoners per cell.

The secure facility has two attached consultation rooms and also provides accessvia a service lift to clinics within the hospital, which will be subject of a variation.

The secure outpatient facility is not an emergency facility. Only those prisonerswith booked appointments, made through DCS centralised (health) booking systemwill be held at the secure facility.

Only prisoners with appointments at Royal Perth Hospital are held at the securefacility. Prisoners with hospital day admittances are not held at the secureoutpatient facility. Male and female prisoners are to be kept separate from eachother. There is a specific cell to accommodate female prisoners.

Service requirements include:

a) Management of the facility;

b) Takeover of Persons in Custody and appropriate documentationauthorising the movement;

c) Supervision and monitoring of Persons in Custody attending thefacility; and

d) Escorting of Persons in Custody to treatment areas within the facility.



7.6 Hospital Sits

The provision of services includes maintaining the charge and management of thePIC in the hospital and its precincts.

As many of the scheduled hospital admissions are booked well in advance, mosthospital sits can be pre-planned. The requirement is for the Contractor to manage5 metro and 2 regional hospital sits per day.

The main hospitals serviced include but is not limited to:

a) Royal Perth Hospital;

b) QEII Medical Centre (Sir Charles Gardiner Hospital);

c) Fremantle Public Hospital;

d) Swan Districts Hospital;

e) Rockingham/Kwinana;

f) Armadale/Kelmscott Memorial Hospital;

g) Those public hospitals in the same major towns as the DCS' regionalprisons; and

h) The Fiona Stanley Hospital when open.

The Contractor should ensure that at least one officer is of the same sex as the PICunder hospitalisation so that due regard for decency, self respect and privacy ismaintained. At all times the responsibility for the security and management ofPersons in Custody always remains with Contractor staff.

The conduct of a hospital sit involves:

a) The handover to the Contractor of the PIC and appropriatedocumentation authorising the transfer of custody;

b) A risk assessment considering the appropriate application ofrestraints;

c) The management of the PIC at the medical facility and the propercontrol of any property;

d) The transfer back to prison; and

e) Handover of PIC and any documentation to DCS staff at originatingPrison.

Where the hospital sit is a scheduled hospital admission, the Contractor shall escortthe PIC to the approved location and provide the required custody services for theduration of the admission and then escort the PIC back to the originating Prison.



Where the hospital sit is unscheduled and the PIC is conveyed to hospital bypersons other than the contractor, it is a requirement for the Contractor to providestaff for this hospital sit within three (3) hours and escort the PIC back to theoriginating Prison.

7.7 Funeral Escorts

Section 83 of the Prisons Act 1981 provides for authorised absences from prisonincluding an absence permit enabling a prisoner to attend the funeral of a nearrelative.

Prisoners attending funerals should not to be moved in the same vehicle as a Courttransfer.

As the absence permit is for a set period of time to allow for reasonable travel timeand time to fulfil the purpose of the absence, escorting staff are not to deviate fromthis purpose. Where required to have the period of absence extended, Contractworkers shall contact the relevant Superintendent to have this approved prior tomaking arrangements to extend the period of absence.

Escorting staff are to maintain a dignified presence and to ensure a compassionatedemeanour and understanding is exhibited toward the PIC and other funeralattendees.

DCS will advise the Contractor of funeral escort requirements in accordance withthe following timeframes:

a) Metropolitan funerals-by 5pm the day prior to the escort; or

b) Regional funerals-by 5pm two (2) working days prior to the escort.

If the approval to proceed is outside the agreed timeframes then the Contractorshall only facilitate the escort if they have the capacity to do so and resources areavailable.

It is a requirement for the PIC to be delivered to the approved destination (service,funeral home, and cemetery) in a timely manner. On occasions, more than onePIC may attend the same funeral. The Contractor shall use the informationprovided by the prisons and their own management strategies to determine thenumber of escorting officers required if a number of prisoners are attending thesame funeral. The number of escorting officers shall reflect the risk associatedwith the prisoner cohort as a whole and individually.

7.8 Other Escorts

Other escorts may include but are not limited to:

a) The conduct of interprison visits between metropolitan prisons.These visits are conducted in accordance with a roster whichgenerally provides for nine visits per annum to each of the followingprisons, Acacia, Casuarina, Hakea and Bandyup/Boronia; and

b) To visit a near relative (as provided for under section 83 of thePrisons Act 1981).



8. Movement Services Requirements

Table 6 details the services that are to be provided by the Contractor at eachprison.

Table 6 Movement Services

Movement Services

PRISONS Court Inter- Lock Up Medicals Hospital Funeral OtherTransfer Prison

Transferclearances escorts Sits escorts escorts,

Acacia ../

AlbanyBandyupBoronia x x x x xBroome ../

BunburyCasuarinaEGRP

GreenoughHakeaKarnet x x x x xPardelup x x x xRoebourneWooroloo x x x x x

9. Prison Location Description

There are fourteen (14) adult prisons in Western Australia.

The seven (7) prisons located within the Perth metropolitan area are:

Acacia Prison, Great Eastern Highway Wooroloo;Bandyup Womens Prison, 100 Middle Swan Road Guildford;Boronia Pre-Release Centre for Women, 14 Hayman Road Bentley;Casuarina Prison, 288 Orton Road Casuarina;Hakea Prison, Nicholson Road Canningvale;Karnet Prison Farm, Kingsbury Drive via Serpentine; andWooroloo Prison Farm, Great Eastern Highway Wooroloo.

The seven (7) prisons located in the regional areas are:

Albany Prison, Princess Avenue Albany;Broome Prison, Hamersley Street Broome;Bunbury Prison, Centenary Road Bunbury;Eastern Goldfields Regional Prison, Vivian Street Boulder;

O Greenough Prison, Narngulu Road Geraldton;O Pardelup Prison Farm, Muirs Highway Pardelup via Mount Barker; andO Roebourne Prison, Sampson Road Roebourne.

Each of the regional prisons at Roebourne, Broome, Greenough and EasternGoldfields have separate facilities to accommodate female prisoners.

The new Derby prison to commence operations in 2012 will also have separatefacilities to accommodate female prisoners.



10. Services Exclusions

The following movement services are outside the scope of this Contract:

a) All persons defined and managed under Young Offenders Act;

b) Any prisoner, including those classified as level 2 or 3, assessed byDCS as requiring to be moved by a high security escort;

c) Any prisoner participating in an activity program outside a prisonunder Section 95 of the Prisons Act 1981;

d) Movement of prisoners to work camps (except at the specific requestof the Contract Manager);

e) Any prisoner subject to deportation/removal, interstate orinternational transfer or extradition and any prisoner required to bemoved interstate pursuant to the Service and Execution of ProcessAct;

f) Movements outside the State as a result of the Cross Border JusticeAct;

g) Any prisoner who requires immediate medical treatment which, ifdelayed, may be detrimental to the prisoner's well being;

h) Any prisoner in the custody of a prison who is returned to or handedover to the WA Police for operational purposes; and

i) Minimum security prisoners at Karnet, Wooroloo and Boronia who areescorted to and from routine and emergency medical appointmentsand funerals, by prison staff. Where such a prisoner is admitted tohospital, the Contractor shall assume responsibility for the hospitalsit and return escort.


Court Security and Custodial Services Schedule 7 Court Security Services

SCHEDULE 7: COURT SECURITY SERVICES

1. Description

Court Security Services include the management arrangements and staff for theprovision of security services to support a number of Western Australian Courts.These services include security of judicial officers, general Court building andCourtroom security, dock guarding, general Court coordination and managementand certain escorted movements of Persons in Custody in Courts and relatedlocations.

In the delivery of Court Security Services, the Contractor shall be required toensure that the Court Premises operate efficiently, safely and securely. TheContractor shall provide sufficient Court Security Services to:

a) Ensure the safety of people and property at the Court Premises;

b) Protect Court Users and all property at the Court Premises from theftand criminal damage; and

c) Preserve good order within a Court Premises and its environs.

Although specific tasks have been allocated for individual positions, these tasks areminimum tasks and the Contractor is not absolved from its general obligations withregard to Court security services. The Contractor may choose to reallocate taskssubject to the agreement of the Director Court Security or the Client AgencyRepresentative. The Contractor shall comply with the endorsed Operating Manual,Plan, Procedures, Policies, Regulations and Principal's Rules.

2. Security Principles

Court processes and the Court environment should reflect a respect for the rights,dignity and concerns of all Court users. At the same time Courts should beaccessible and assure users that their safety, security and privacy are respected.At all times, people should have confidence that they are in a safe place.

The potential for unexpected behaviours and deliberate actions that threaten thesafety of judicial officers, staff and the public, as well as proceedings, is real inCourt Premises. Through effective policies and procedures, and supportivetechnology, the potential for incidents is to be reduced and results of incidentsminimised. Court security arrangements should be characterized by the maximumand effective use of available technology which meet and integrate the Courtsfunctional requirements. Concurrently Court security arrangements must beintegrated into the Court's design and operation.

3. Safety and Security Provisions

The Contractor shall provide effective security measures within Court Premises, andtheir immediate surrounds (to the extent permitted by Law) at all times to:

a) Detect and deter threats to the safety and security of Court Users;

b) Respond quickly and effectively to all incidents as they becomeknown to the Contractor; and



c) Intercept incidents where possible before they occur, to ensure thepersonal safety of all Court Users.

The Contractor shall attend at:

a) The source of a duress alarm within the judicial chambers, a judicialcar park and other judicial areas within the period defined in localprocedures; and

b) The source of all observed and reported incidents within the CourtPremises and the immediate surrounds of the premises.(other thanduress alarms) to the extent permitted by Law, as soon as possibleand not more than the period defined in local procedures after theSecurity and Safety Incident is reported or becomes known to theContractor.

Responses to any incidents within the Court Premises and the immediate surroundsof the Court Premises by the Contractor shall include promptly notifying and liaisingwith the WA Police where appropriate.

4. Reception/Entry Security

The Contractor shall develop and implement effective security procedures tooperate and maintain safety and security of Court Users entering the CourtPremises at the primary Court entrance. Adopting Best Industry Practice shallprevent the introduction of any Unauthorised Article into the Court Premisesthrough a risk management based process that responds to different user groupsand environmental factors and includes targeted, planned and random searchregimes.

The Contractor shall develop and implement effective security procedures tooperate and maintain safety and security of authorised persons, who may alsoenter the buildings through alternative entry points, including car-parks.

Authorised users shall be subject to identification check and verification of personwith minimal search to provide minimum delay in accessing the Court Premises.

Screening includes the exercise of powers of physical search in accordance with theCourt Security and Custodial Services Act 1999.

5. Primary Security Checkpoint

The Contractor shall develop and implement effective security procedures tooperate and maintain effective metal, weapons and contraband detection systemsto screen Court Users entering the Court Premises when and where they areprovided at the primary Court entrance.

Court users (excluding authorised users) shall be subject to walk through weaponsdetection system screening where such devices are installed to detect unauthorisedarticles. Authorised users shall be subject to identification checks and verificationof the person with minimal search to provide minimum delay in accessing the CourtPremises.



6. Secondary Security Checkpoints

Court Users (excluding authorised users) shall be subject to more thoroughindividual screening measures including individual scanning with hand-held metaldetectors, physical search of the person and baggage and identity checks andverification of the person to a level appropriate to the assessed risk and thepurpose of the Secondary Security Checkpoint.

The Contractor is to develop and implement procedures to conduct searches ofpersons at Secondary Security Checkpoints and elsewhere within the CourtPremises, where the Contractor deems necessary, in accordance with powers underthe Act.

The Contractor is to develop and implement procedures to report to WA Police anyCourt Users introducing illegal Unauthorised Articles into the Court Premises.Unauthorised Articles that are not illegal shall be recorded in a register and storedby the Contractor and returned to the relevant Court User upon their exit from thebuildings. The Contractor must deliver any illegal Unauthorised Article along with areport containing details of the Incident / source to WA Police Service to be dealtwith according to Law.

The Contractor shall be responsible for quarantining an area if incursion issuspected by either the Principal or the Contractor and then handing over to WAPolice /FESA.

The Contractor is to develop procedures to isolate any mail or parcels identified bythe Contractor or Principal as having been inappropriately introduced into the CourtPremises.

The Contractor is to develop and implement appropriate procedures to ensure thatCourt Users accessing the Court Premises through other entries such as car parks,staff and jury entry points are screened to confirm the identity of the person inorder to maintain the integrity of the secure area. Such measures include CCTVand vetting of security access and/or identification cards.

7. Alternative Entry Points

Persons who are authorised by the Court to use alternative entry points shall besubject to identification check and verification of person by the Contractor usingpersonnel and/or systems. Persons in the presence of authorised users will berequired to provide identification, which shall be verified by the authorised personto the Contractor before entry to the Court Premises is permitted.The Contractor via procedures/systems must determine that the persons with theauthorised person is/are not threatening the authorised person and that no otherpersons gain entry at the same time as the authorised person.

8. Registry Security

The Contractor is to develop and implement appropriate procedures to ensure thesecurity of Court Registry areas, including cashier's stations.

Duress alarms at all counter positions shall be monitored and responded to withinthe period defined in local procedures. A visible security presence shall beprovided to the Registry area by a roving guard, and supplemented by monitoringCCTV where available.



9. Overall Building Security

The Contractor shall develop and implement procedures for securing the CourtPremises which will be included in the Contractor's Operating Plan.

The Contractor shall implement effective security measures to maintain perimetersecurity to the Court Premises and deter any unauthorised entry to the buildings.A visible security presence shall be provided to the Court Premises and perimeter,including public areas and car parks by a roving guard, and supplemented bymonitoring CCTV (where fitted).

The Contractor shall secure and lock all access points to and within the CourtPremises in accordance with the agreed procedures for each location outlinedContractor's Operating Plan.

The Contractor shall operate surveillance systems, including CCTV (where fitted), inthe Court Premises, including public areas, car parks, perimeter, landscaped areasand Courtyards.

10. Access Management Controls

The Contractor is to develop and implement appropriate procedures to facilitate theregistration, issue and use of security access cards and/or keys for AuthorisedCourt Users when and where the facilities are in use

11. Reception into Court Premises

The Contractor shall provide and operate a 24 hour State-wide information deskable to assist Court staff and the community on matters which fall within theContracted services.

The Contractor shall ensure that when Court Users are accessing a Court Premisesthrough the main entrances they are able to be:

a) Informed of Courtroom locations and listings;

b) Provided with general assistance including direction finding;

c) Given the opportunity to access relevant information, advice or Courtservices;

d) If visiting a judicial officer, subject to identity checks, received andregistered as visitors;

e) Provided with advice and service in relation to lost property. (The 24hour information desk shall provide the interface for a lost propertysystem to be maintained by the Contractor for all Court Users);

f) Assisted if non-English speaking persons; and

g) Assisted if they are a person with disabilities.



12. Courtroom Security

The Contractor shall provide Courtroom security services for the Judicial Officersand legal practitioners, the public, judicial support staff, DotAG employees, jury,witnesses and the PIC to maintain integrity of the judicial process. The Contractorshall take a pro-active approach to security risk management.

13. Additional Security at High Risk Trials

At trials assessed as high risk by the Contractor, the Contractor shall provideadditional security checks at the Courtroom entry, using Best Industry Practice,including mobile or portable metal detectors and/or "wands" and/or portable handheld contraband detectors, the Contractor shall detect contraband, weapons and/orobjects capable of causing harm.

This may also be requested by the Judicial Officer or Court Security Directoratewith the Contractor given at least 48 hours in advance of the requirement.

14. Segregation of Court Users

Segregation and circulation management services must be flexible and available ondemand to control and ensure the security and safety of all Court Users.Segregation of diverse groups of Court Users is essential to maintain the integrityof the judicial system.

The Contractor shall at all times ensure that appropriate procedures for circulationmanagement are utilised to segregate the following Court User groups (includingsegregation of their circulation paths and amenities):

a) Judicial Officers, including Judicial Support Staff;

b) Agency employees;

c) Persons in Custody;

d) Jurors; and

e) The public.

Where required by circumstances or the Court providing reasonable notice, ensurethat segregation of the following Court Users is provided:

a) Protected witnesses;

b) Vulnerable or Child witnesses;

c) Victims;

d) Defendants (both in civil and criminal trials); and

e) Members of the legal profession.



15. After Hours Monitoring

The Contractor is to provide:

a) After hours monitoring of Court Premises from 5:00 pm to 8:30 am 5days per week and 24 hours per day all weekends, public holidaysand other days when the Court is not open. The service shall includeresponse to call-outs and alarms at specified Court Premises; and

b) Safe after hours access for urgent Court applications to be heard bythe duty Justice or other judicial officer at the Supreme Court orStirling Gardens Magistrates Court building.

Where internal and perimeter electronic security systems, includingcommunications infrastructure to enable the enunciation of alarms and monitoringof the Court Premises are required they will be provided by the Client Agency to acentral location at the Court Premises.

The Contractor shall develop and implement procedures, processes and whereappropriate systems and devices to allow Contractor's security staff to monitorsecurity and respond to duress alarms in Court Premises while conducting routinepatrols and other duties.

16. Key Security Roles

The Contractors security Contract Workers will be required to perform the functionsof Roving Guard, Gallery Guard, Court Orderly, Dock Guard and Escort.

Whilst on duty, all personnel employed by the Contractor to perform securityservices must be individually and immediately contactable. The identity of securitypersonnel, including wearing of an approved uniform and the security clearanceidentity card of each member must be visible at all times.

16.1 Roving Guard

The Contractor shall provide Roving Guards, to carry out as a minimum thefollowing roles:

a) Reflect a thorough understanding of Court protocols, practices, andetiquette consistent with the needs of the position;

b) Reflect the required service focus and understanding of the operationand function of the Court or tribunal they support;

c) Respond to Courtroom duress alarms and building perimeter securityalarms;

d) Respond to any Incidents or threats that may arise within the CourtPremises and the immediate vicinity of the Court Premises;

e) Interface with Court Users if there is any potential risk to people orproperty;

f) Provide a regular presence in all public areas to deter anti-socialbehaviour;



g) Using Best Industry Practice, detect and control any articles orsubstances which may threaten the good order or security of theCourt Premises or persons or property within the buildings;

h) Respond accordingly to any emergency, including medicalemergency in order to protect the safety of Court Users, the propertyof the Principal and the integrity of the judicial process;

i) Using Best Industry Practice supervise and monitor persons / groupsto neutralise any anti-social behaviour before it impacts on thesafety or enjoyment of Court Premises by other Court Users;

J) Interface with Judicial Officers, the Courts, DotAG employees andother Court Users to facilitate the safe and efficient operation of thejudicial process;

k) Liaise with WA Police and Director Court Security as the situationrequires;

I) Check for any security breaches within the various secure areas ofthe Court buildings, including but not limited to the judicial areas,public lobbies, and office areas;

m) Provide assistance, information, guidance and direction to CourtUsers;

n) Provide assistance to disabled Court Users in Court Premises. Inparticular Contractor staff shall assist disabled persons with theopening of doors to Courtrooms and areas that disabled persons arenot able to independently access;

o) Perform the duties of the Court appointed officer when required;

p)

q)

16.2 Gallery Guard

In conjunction with Gallery Guards and Court Orderlies, open eachCourtroom and check the public areas and dock (if applicable), priorto commencement of proceedings. At the end of the Court session,ensure the Courtroom is empty, secure and locked; and

Assist Court personnel to manage the entry and egress ofempanelled jurors through the discreet jury entry/egress points.

The Contractor shall provide Gallery Guard services for the Supreme Court andDistrict Court listings to maintain good order and the personal safety/comfort of allpersons within the Courtroom during a hearing. Where security assessmentindicates an elevated security risk, in a court of any jurisdiction, and resources areavailable the Contractor is to provide Gallery Guards during hearings.

Gallery Guards should be allocated to a single Courtroom for the duration of theproceedings for each day and shall commence ten (10) minutes prior to thescheduled start time of proceedings and will complete their duties ten (10) minutesafter the closing of the Courtroom at the end of the day's proceedings.

A Gallery Guard or roving guard must attend the source of a Courtroom duress callwithin the period specified in the local procedures following its activation. When inpublic spaces, Gallery Guards shall help to maintain good public order.



Gallery Guard services are to ensure security and good order within the Courtroomand shall include:

a) Reflect a thorough understanding of Court or tribunal protocols,practices, and etiquette consistent with the needs of the position;


c) Open Courtroom and conduct a security search of the Courtroom,public gallery and dock prior to commencement of proceedings. Thesecurity search shall be repeated at breaks and at the end of theday;

d) Conduct regular security checks of the public gallery;

e) Assess and act on Court security concerns;

f) Interact with public whose behaviour in the Courtroom is consideredto be unacceptable or anti-social;

g) Maintain good order of the areas immediately outside theCourtrooms immediately prior to and after a hearing in conjunctionwith roving guards;

h) Monitor any person in the public gallery that may be acting in anintimidating manner towards members of the jury, witnesses oranother member of the public. Remove persons from the publicgallery who are affecting the Court proceedings upon direction fromthe Judicial Officer and report this to the Jury Services, the judge'sassociate or Judicial Support Officer where appropriate;

i) Report any potential problems or risks in the Court to Court SecurityDirectorate, the judge's associate or Judicial Support Officer ifappropriate;

j) Arrange response by WA Police should their scheduled powers proveinadequate to safely resolve security issues which occur in the Court;

k) Liaise with police or other groups that may be present for a specificor high risk matters;

I) Assist dock guards, Gallery Guards or roving guards if required;

m) Liaise with the Judges associate, Judicial Support Officer and/or juryofficers as required during the progress of a listing;

n) Assist disabled persons; and

o) In conjunction with roving guards, open each Courtroom and checkthe public areas and dock prior to commencement of proceedings. Atthe end of the Court session, ensure the Courtroom is empty, secureand locked.



16.3 Court Orderly

The Contractor shall provide Court Orderlies to maintain order in the MagistratesCourts during hearings and to assist in efficient and orderly running of the Court.A Court Orderly shall be provided for each Court during hearings and shallcommence their duties fifteen (15) minutes prior to Court opening, or in the case ofthe Remand Court and the In Custody Arrest Courts, thirty (30) minutes prior toCourt opening.

When necessary the Contractor must provide additional Court Orderlies to assistthe orderly operation of a Court, for example in the Remand Court and the InCustody Arrest Courts.

Court Orderly duties include the following:

a) Reflect a thorough understanding of Court protocols, practices, andetiquette consistent with the needs of the position;


c) Open Courtroom and conduct a security search of the Courtroom,public gallery and dock prior to commencement of proceedings. Thesecurity search shall be repeated at breaks and at the end of theday;

d) Notify the Court of PIC who have arrived, been processed and areavailable for appearance in Court;

e) Log attendance of those called to appear in the Court that day;

f) Log if the person appearing has representation i.e. Lawyer, etc.;

g) Log attendance of witnesses to appear for each case to be heard inthe Court that day;

h) In conjunction with judicial support staff, arrange appearance orderfor cases to be heard in the Court each day;

i) Assist disabled persons including assisting persons with disabilitieswith accessing Courtrooms;

j) Transfer paperwork between parties in the Court;

k) Log attendance of witnesses called to Court for cases that day;

I) Call witnesses for each case;

m) Liaise with Judicial Support Officer in the designated Court;

n) Announce each matter or case to the Court;

o) Pass exhibits from prosecutors and witnesses, to bench and return;

p) Monitor general order and behaviour within the Courts;

q) Liaise with other groups if anti-social or inappropriate behaviour inthe Court escalates to an unacceptable level;



r) Liaise as necessary to co-ordinate attendance of Persons in Custodyin Magistrates Courts;

s) Liaise with Contractor's security supervisor to provide dock guards,escort officers and/or Gallery Guards to Courtrooms ascircumstances that that require those services arise;

t) Detain a person required to be taken into custody;

u) Co-ordinate the safe movement of a PIC from the Court into custodycentre/Lock Up.

v) Co-ordinating and where required providing the escort to ensure thesafe movement of persons requiring documentation to be signed bya Justice of the Peace to the Justice of the Peace's office or othersigning place;

w) At the end of the Court session, ensure the Courtroom is empty,secure and locked; and

x) The Court orderlies shall complete their duties within 15 minutes ofthe Court closing, or in the case of a Remand Court and in CustodyArrest Court, 30 minutes.

16.4 Dock Guard

The Contractor shall develop and implement procedures to ensure sufficient DockGuards are deployed to manage security risks to the Court. Typically there is to beone Dock Guard for each PIC, except in the case of multiple-PIC in the oneCourtroom/dock where it may be possible to reduce the number of Dock Guards. Aminimum of two Dock Guards shall be deployed in these instances.

Any PIC or Bailee within the custodial facilities or Courtroom dock is to beadequately supervised by a dock guard while:

a) The PIC or Bailee is delivered to and from their designatedCourtroom or Courtroom holding cells in a secure and timely mannervia the custodial circulation system;

b) In the dock while proceedings are being conducted;

c) The PIC or Bailee is transported to and from the interview roomswhere not part of the custody centre;

d) The PIC is held in the Courtroom holding area/room for durations asordered by the Judge for adjournments, deliberations etc; and

e) The PIC or Bailee is returned to the custody facilities at theconclusion of the trial, unless released at Court.

16.5 Escorts

The Contractor shall develop and implement procedures to ensure sufficient escortofficers are deployed to manage movement of PIC around the Court Premises.Typically where custody services are provided for Courts from adjacent Police LockUps there is a requirement to escort PICs between the Lock Up and Courts asrequired.



17. Court Security and Custody Services Requirements

17.1 Court Security and Custody Services

Court security and custody services are required to assist in the management ofCourts at specified locations and at specified Lock Ups. The table below details thecourt security and court custody services to be provided at each location at thecommencement of Contract.

Table 1 Court Security and Custody Service Requirements.

LOCATION

RovingGuards

SECURITY

GalleryGuard Orderly

EscortandDockGuard

CUSTODY

Custody CustodyOfficer Control

MetropolitanSupreme Court StirlingSupreme Court (AXA x x 0 x xState Administrative x x 0 x xPerth Childrens Court 0 x xFamily Court x x 0 x xEast Perth Watch House * x x xPerth Police Complex # x xArmada leFremantleJoondalupMidlandMandurah .7

RockinghamRegionalAlbanyBroomeBunburyBusselton x x x x xCarnarvon #Geraldton x xKalgoorlie #Kununurra # x xSth Hedland x x

0- Refers to where the Contractor shall conduct an escort of PIC from prison to the Court and remainwith the person until the matter is dealt with and then return the PIC to the prison as part ofmovement services.

#Locations that will have an increase in service requirement following completion of new facility orupgrade of existing facility.

* Saturday and public holidays

17.2 Court Location Description

17.2.1 Supreme Court Stirling Gardens and Stirling Gardens Magistrates Court

The Supreme Court is the superior Court of the State; exercising a civil, criminaland appellate jurisdiction; and is situated in a Heritage listed building at StirlingGardens, Barrack Street, Perth. The Supreme Court includes the Francis BurtCentre which is a separate building though on the same site.



17.2.2 Supreme Court 111 St Georges Terrace

As at the Commencement Date, DotAG leases a number of levels as Court facilities,situated at 111 St George's Terrace, Perth as an annex to the Supreme Court.

17.2.3 Family Court of Western Australia

The Family Court of Western Australia is vested with State and Federal jurisdictionin matters of family law. The Court is located at 150 Terrace Road, Perth, WesternAustralia.

The Court sits in Perth, but country circuits are conducted.

17.2.4 East Perth Lock Up Court

The East Perth Court is situated at Hay Street, East Perth and connected to thePerth Watch House. In 2012, it is expected that a new facility, the Perth PoliceComplex located at the corner of Roe and Fitzgerald Street, Northbridge will becompleted and the East Perth Lock Up Court function will transfer to this location.

17.2.5 Children's Court of Western Australia

The Perth Children's Court is situated at 160 Pier Street, Perth. Police, JuvenileJustice and the Director of Public Prosecutions also maintain offices at the Court.

17.2.6 Armada le Court

The Court is situated at Jull Terrace, Armada le and though not co-located with theArmada le Police Station/Lock Up the two buildings are in close proximity beingseparated by Jull Terrace.

Armada le has resident and visiting Judiciary.

17.2.7 Fremantle Court

Fremantle Court is situated on Holdsworth Street in Fremantle.This location has resident and visiting Judiciary.

17.2.8 Joondalup Court

The Court is situated at 21 Reid Promenade, Joondalup and is co-located with theJoondalup Police Station and lock-up.This location has resident and visiting Judiciary.

17.2.9 Mandurah Court

The Mandurah Court building is situated at 333 Pinjarra Road, Mandurah andhouses two Courtrooms. It is co-located with the Mandurah Police Station and LockUp. The Court and Police Station are connected to facilitate prisoner movementfrom the police station.

This location has resident and visiting Judiciary.



17.2.10 Midland Court

Situated at 24 Spring Park Road, Midland the Court House is co-located with theMidland Police Station and Lock Up.


17.2.11 Rockingham Court

Rockingham Court is situated at Whitfield Street, Rockingham and adjacent to thePolice Station with whom they share a perimeter fence and access through asecured car park.

Rockingham has resident and visiting Judiciary.

17.2.12 Albany Court

The Court is situated at 184 Stirling Terrace, Albany and is a combined justicecentre which houses Police, Courts and DCS Community Corrections.

Albany Court does not have a Court custody area and custody services areprovided by WA Police through the Police Lock Up.

Albany has resident and visiting Judiciary.

17.2.13 Broome Court

The Court is situated at Hamersley Street, Broome and consists of two distinct butco-located buildings. The police station is adjacent to the Court. A new combinedcustodial centre /Lock Up is to be built by mid 2014.


17.2.14 Bunbury Court

The Court is situated at Stephen Street, Bunbury and is in close proximity to thepolice station / Lock Up which is in Wittenoom Street.

Bunbury Court has both resident and visiting Judiciary.

17.2.15 Busselton Court

The Court is situated at 12 Stanley Street, Busselton and is co-located with thePolice Station and Lock Up. The Court and Police Station are connected to facilitateprisoner movement from the existing police Lock Up.

At Contract commencement this location is serviced by visiting Judiciary.



17.2.16 Carnarvon Court

The Court is situated at the corner of Robinson Street and Olivia Terrace,Carnarvon and though separate buildings the Court and police station / Lock Up areessentially co-located, with the Court connected to the police Lock Up by a coveredtunnel. A new combined custodial centre /Lock Up is to be built by mid 2014.


17.2.17 Geraldton Court

The Court is situated at Marine Terrace, Geraldton and though separate buildingsthe Courthouse and the police station/Lock Up could be regarded as co-located asthey are immediately adjacent to each other.

Geraldton is serviced by a resident as well as visiting Judiciary.

17.2.18 Kalgoorlie Court

The Court is situated at Brookman Street, Kalgoorlie and though not co-located theCourt and the police station/Lock Up are in close proximity being separated byBrookman Street. A new combined custodial centre /Lock Up is to be built by mid2014.

Kalgoorlie is serviced by resident Magistrates supplemented by visiting Judiciary.

17.2.19 Kununurra Court

The Court is situated at Coolibah Drive Kununurra and is co-located with the policestation/Lock Up. A new Court is to be built on the same site by mid 2014. Interimarrangement during construction will include a temporary Court Premises a shortdistance away from the current site.

Kununurra is serviced by a resident Magistrate as well as visiting Judiciary.

17.2.20 South Hed land Court

The Court is a part of the new Regional Justice Centre which was commissioned inOctober 1999 and is co-located with the Police Station and Lock Up. Thoughseparate the buildings are connected to facilitate prisoner movement from theexisting police Lock Up.

South Hedland is serviced by a resident Magistrate as well as visiting Judiciary.

17.3 Service Exclusions

There is no requirement to provide dedicated in-court services to the Family Courtsitting at its main registry location in Perth. Where the Family Court is sitting inanother regional or metropolitan Court, the security arrangements of that Court willinclude the requirement to provide services to the Family Court.



Services to the Coroner's Court are limited to security when the Court is sitting in aregional or metropolitan Court within the Contract, where the securityarrangements of that Court will include the requirement to provide services to theCoroner's Court.


Court Security and Custodial Services Schedule 8 Custody Services

SCHEDULE 8: CUSTODY SERVICES

1. Court Custody Description

The Contractor shall manage the reception, detention, security, safety, welfare andmovement of PIC or Bailees, through the custody process within Court Premises.

The Contractor shall develop and implement procedures to ensure that a Courtcustody centre does not receive Persons in Custody earlier than sixty (60) minutesprior to the earliest listed Court appearance except at District Court Building andCentral Law Courts where Persons in Custody may not be received earlier thanninety (90) minutes prior to the earliest listed appearance.

The Contractor shall develop and implement procedures to ensure that PICs arecollected from Court custody centres as early as possible, but no later than sixty(60) minutes from the last person being dealt with by the Court.

The Contractor shall develop and implement procedures to ensure that no personsare accepted into the Court custody centre after the Court's designated new listingscut off time.

The Contractor shall assume full responsibility for the security, health and safety ofPICs and Bailees from the point of handover through to discharge. The Contractorshall receive PICs and Bailees who have been delivered to or arrive at the custodycentre with appropriate documentation or authorisation which require the PIC orBailee to be held in custody for appearance in a Court or as a result of theirappearance in Court from freedom from:

a) Within the Court Premises (including Bailees and persons arrested onbench warrants),

b) Prisons and correctional facilities;

c) Custody centre reception or holding area reception;

d) WA Police and DCS;

e) Australian Federal Police;

f) Department of Immigration and Multicultural Affairs;

g) Gray lands Hospital (Frank land Centre) or any other healthinstitution;

h) A Judicial Officer; or

i) Other law enforcement agencies such as Bailiffs, Fisheries Officers orCouncil and Shire Rangers.

2. Court Custody Principles

The Contractor is to ensure that all PICs are treated with humanity, dignity andsensitivity and are not be subject to harsh or degrading treatment, physical orpsychological abuse. All PICs are entitled to, and the Contractor is obliged toexercise, reasonable care in the conduct of an activity and to take reasonable careof a person.



The point of assuming custody for a PIC received via the sallyport is when the PICpasses through the door of the vehicle in the sallyport.

The point of assuming custody for an arrested person delivered to a custodycentre's reception area is when that person enters the secure custody area.

The point of assuming custody of a Bailee is:

a) For Bailees presenting to the custody centre, when the Bailee entersthe secure custody area (not including bail waiting area); or

b) For Bailees presenting to the Courtroom, the time of receipt of theBailee is the latter of when the Court session commences, or whenthe Bailee is identified by the Court.

In the Magistrates Courts the custody of Bailees surrendering to the Court in theCourtroom are not the responsibility of the Contractor until ordered by the Court orwhen a custodial order is made, for example when the person is remanded incustody.

3. Court Custody Safety and Security Incidents

Using Best Industry Practice, the Contractor shall ensure the personal safety of allJudicial Officers, Court Users and PICs. The Contractor shall respond quickly andeffectively to all incidents in custody as they become known to the Contractor.

4. Court Custody Sallyport Receival Person in Custody

4.1 Key Principles

The Contractor is to develop and implement procedures which meet theContractor's responsibility to:

Record InformationDuring the PIC management process, a number of actions occur and are to berecorded in the Contractor's systems. These include:

a) Log PIC in and record search, property, legal and interviewrequirements;

b) Record movements, record events (interviews, medication issue,meals, searches, phone calls, visitors, incidents etc.) and location;

c) Record general detail of Court results and record receipt of correctpaperwork ex Court; and

d) Facilitate bail or release and discharge from custody including logout.

Approach and Vehicle AccessWhere the facility allows the vehicle must enter and leave the site in a forwarddirection.



ArrivalOn being positively identified by the Courts security staff, the vehicle enters thevehicle sallyport directly. In the event that the transport is provided by Police orarmed DCS officers and they need to proceed further into the Custody Centre, theymust place and secure their firearms in a secure firearms locker provided withinthe vehicle or sallyport prior to unloading the PIC.

AssembleThe PIC is managed out of the vehicle. During this process the vehicle's drivermust either remain in the locked cab of the vehicle or the vehicle's keys are to besecured outside the sallyport. A handover then occurs to Court custody staff withrelevant identification and documentation. The PICs are stood in line and subjectedto a search.

Processing/SearchPrior to moving into the Custody Centre there may be a requirement for a moreintensive search which is conducted in a search room. Occasionally, there may be aneed for a PIC to shower. Each PIC is recorded as entering the Custody Centre andtaken directly to a cell unless other custody locations are required to be utilisedfirst.

Bailee Holding FacilityWhere facilities and risk considerations allow, accused persons on bail who arerequired to surrender to the Custody Centre will report to the registry counter andthen be escorted to the Custody Centre and held in the Bail Holding room beforeproceeding to Court.

PIC Interview/MeetingsPICs may need to receive visits from officials and their lawyers. Visits will takeplace in non-contact interview cubicles.documents between parties during non-contact visits. This must occur through acentralised security lock within which appropriate and efficient screening forcontraband can take place. The Contractor shall manage the process to allow fullvisual surveillance of all transactions.

PICs may require controlled/monitored access to a telephone to call a lawyer orcontact a person to arrange surety for bail. Legal counsel, interpreters or visitorsto accused will communicate with the Custody Centre via intercom at the visitorsentry to the Custody Centre located off the public waiting area and then be directedto the relevant non-contact interview room.

Courtroom HoldingHolding rooms are used to secure a PIC prior to and immediately following anappearance in a Court or tribunal and for the secure holding of a PIC for shortadjournments. Where the facilities exist to allow such arrangements theContractor is to develop and implement procedures to move those PICs involved inhigh risk matters in a Courtroom directly between the sallyport and the holdingcells of that Courtroom.

TrialAccused PICs who receive a custodial sentence or are remanded in custody and areto be transported to prison, are returned directly to the Custody Centre and arethen managed in reverse flow to the above.

Accused PICs found not guilty (provided that they are not on a "Return to PrisonOrder" or subject to other charges that they do not have Bail on) if directed by theJudicial Officer need be given the opportunity to walk free from the dock into theCourtroom. Currently an officer requests that they return to the custody centre via



the public route or accompanies them back to the Custody Centre area, where theygain access, and collect personal items before being discharged.

However, most PIC will be taken back to the Custody Centre through the securecirculation system, and discharged through the Courthouse entry lobby. Accusedpersons from Bail who are found guilty and given an immediate sentence, orremanded into custody to await sentencing will return to the Custody Centre, viaPIC circulation.

4.2 Key Sallyport Receival Tasks


a) Identify and check vehicles arriving at the sallyport;

b) Secure permitted vehicles in the sallyport and unload PICs in smallsegregated groups or individually;

c) Consult with each PIC and establish identity, health status and legalrepresentation;

d) Search PICs and transfer to a holding cell or individual cell dependingon security classification;

e) Ensure property/medication is received, recorded, checked andstored appropriately;

f) Check records of PICs for prisoner classification/risk segregationrequirements, Return to Prison Orders/ movement documents andWarrants; and

g) Clear PICs from each vehicle within the sallyport within fifteen (15)minutes of arrival to enable the unloading of PIC from other vehicles.

5. Court Custody Centre Receival Bailee

5.1 Key Principles

The Contractor is to develop and implement procedures which meet theContractor's responsibility in relation to:

Arrival/OrientationThe accused may require directions from the Courts entry. The reception pointmay be after the Security Check point.

Security CheckThe accused will then pass through the public Primary Security Checkpoint.

SupportThe accused may report to Legal Aid, a welfare support group, the Aboriginal Legalservice or meet with counsel prior to checking in at the Custody Centre orCourtroom.



Check in Reception at Custody CentreOn being identified, the accused will report to the Custody Centre and be processedat the reception desk. Secure storage needs to be available for the safekeeping ofbailee's personal property.

LodgementThe fact that a person is surrendering into custody from bail provides that thedefault holding regime is a bail holding room, where the facility exists. TheContractor is to conduct a risk assessment of all Bailees and lodge them in themost suitable holding regime dictated by that assessment.

Check in at CourtroomOn being identified by the orderly, Gallery Guard or dock guard, the accused mayenter the Courtroom dock. Subject to the Judicial Officer's direction, there may bea requirement for the accused to be searched at the Courtroom holding cell prior tothe trial commencing or to stand at the bar table rather than enter the dock.Processes are to be implemented to ensure the secure storage needs for thesafekeeping of Bailee's personal property within ready access to the holding cellarea are met.

Processing/SearchIf surrendering to the Custody Centre prior to moving to a Courtroom, the accusedwill be subject to a search.

InThe PIC may need to receive visits from officials and legal counsel. This will takeplace in non-contact interview rooms.

Courtroom Holding /AdjournmentAs for activity flow for PICs held in custody.

TrialAs for activity flow for PICs held in custody. If found not guilty, the accused leavesin reverse order to the above. If found guilty and receiving a custodial remand orsentence, or other result that requires the signing of Court documentation, theaccused is taken from the dock back to the Custody Centre.

5.2 Key Bailee Receival Tasks

Bailees that surrender at the custody centre reception shall have:

a) Identity checked against the information provided by theCourt/Principal;

b) Documents checked and confirmed against the information providedby the State;

c) Security and risk classification assessed against the informationprovided by the State and held/known by the Contractor; and

d) Directions provided to attend the bail waiting area until theContractor determines that it is time to complete the checkingprocess and transfer the Bailee via the custodial circulation systemsto the bail holding room or relevant Courtroom.



Processing for Court appearance shall include:

a) Identity check;

b) Personal property recording and storage;

c) Search for Unauthorised Articles; and

d) Escort to the Court holding area or dock ready for their appearancein Court.

The Contractor shall be responsible for processing Bailees within the custody centreas well as official visitors seeking contact with Bailees and shall:

a) Receive official visitors at the enquiry desk in the custody centre forvisits/interviews with Bailees;

b) Record identity and other relevant details of all contact visitors;

c) Arrange phone calls for or by Bailees seeking release to bail; and

d) Advise the Court of any circumstances that are likely to prevent theBailee from appearing in Court (such as intoxication, influence ofdrugs and mental health issues), or that may delay the appearance.

The Contractor shall also receive persons that have been arrested on a benchwarrant or other charges and that are not delivered to the Court via the secureentry lobby or sallyport at the custody centre reception and process them in asimilar manner to PIC from a custodial facility.

6. Court Custody Courtroom Receival Bailee

6.1 Key Principles

During this process the following key principles underpin the responsibilities of theContractor:

Arrival/OrientationAccused may require directions from the Courts entry after passing throughsecurity check.

Support and Check-inAccused may report to Legal Aid, a welfare support group, or meet with counsel,prior to checking in at the Registry and then being accompanied or directed to aCourtroom.

WaitingWill wait either in or directly outside the Courtroom with their counsel.

HearingWhen called, will attend to the front of the Court as directed (either into the dockor at the table with their legal representative).

If found not guilty or bail is continued, the accused leaves in reverse order to theabove.



If found guilty and a custodial sentence is imposed, or if bail revoked, the accusedis taken from the dock into the secure circulation corridor.

SearchOnce in the secure circulation corridor he or she has a pat-down search prior toaccessing the Custody Centre.

HoldingAs for PICs held in custody.

6.2 Key Bailee Receival Tasks

The Contractor shall be responsible for receiving and managing PICs and Baileeswho arrive for Court appearances at the Courtroom. If the PIC or Bailee issentenced, remanded in custody or ordered by a Judicial Officer to be held for alimited time (e.g. lunch adjournment), the Contractor shall receive the PIC andundertake the necessary assessments including risk of personal crisis or risk toothers. The PIC shall be searched and processed the same as a PIC arriving at thecustody centre as described in custody centre reception above. Alternatively theBailee may be discharged or further bail facilitated.

7. Court Custody General Receival Requirements

7.1 Information to PIC and Bailees

The Contractor shall advise all PICs and Bailees of the following as soon aspractical:

a) General information regardingthe care of the Contractor;

b) Routine for a Court appearance;

c) Entitlement to legal representation or interpreter service;

d) Access to support services;

e) Behaviour expected whilst in the custody centre and the Court;

f) Visitation and telephone rights; and

g) General information regarding discharge, remand or imprisonment.Searching of PIC, Bailees and Visitors.

7.2 Property and/or Medication with PIC and Bailees

Property and or medication of PICs or Bailees may be received at any of thefollowing locations:

a) Custody centre via the sallyport;

b) Custody centre by a Bailee reporting to Court; and

c) Bail holding areas at the Court building.



Where property has been received, the Contractor shall:

a) Record the details of any property obtained from the PIC and havethe record signed off by the PIC as correct;

b) Separately record details of property that may be required during theCourt custody period anticipated;

c) Separately record details of valuable/attractive property e.g.jewellery, watches, electronic items;

d) Store the property in a secure and safe place; and

e) Arrange for the property to be transported/transferred to prison ifthe PIC is remanded in custody or returned to the PIC if they aredischarged.

Where medication has been received as property, the Contractor shall:

a) Record the details of the medication that may be required during theperiod anticipated;

b) If the medication is not clearly labelled where possible attempt tomake appropriate enquiries to confirm its authenticity and therequirement for that PIC to be issued with same;

c) Ensure the medication is made available to the PIC at the requiredtime;

d) Store the medication in a safe place; and

e) Arrange for the medication to be transported to prison if the PIC isremanded in custody or returned to the PIC if they are discharged.

7.3 Management and Segregation of PIC and Bailees

Upon the receival of a PIC or Bailee, the Contractor shall assess the security risk ofeach PIC and classify them accordingly, based upon the information provided bythe Client Agency (where appropriate) and the behaviour of the PIC post-arrival inthe sallyport or custody centre and provide the appropriate management regimeand accommodation type.

PICs processed through prison are classified by DCS however it is the Contractor'sresponsibility to assess each PIC, based upon the information provided by thePrincipal and the behaviour of the PIC post-arrival in the sallyport or Courtroom,and provide the appropriate management regime and accommodation level.

The Contractor must ensure that all PICs are classified and segregated inaccordance with their gender, status as a juvenile or adult, assessed risk orprotection classification and associations (including gangs and ethnicity). PICsshall be appropriately treated, held in appropriate accommodation options availableand managed whilst in custody at the custody centre.



7.4 High Security Escorts

DCS carries out high security escorts from metropolitan prisons and will normallyescort the PIC into the court building's sallyport. The Contractor shall assumeresponsibility of the PIC, taking into account the risk classification and DCSinstructions/details particular to that PIC. After the Court appearance, DCS willresume the escort of the PIC from the sallyport.

The Contractor remains responsible for the PIC whilst in the custodial areas andduring the course of the Court appearance.

On very rare occasions, WA Police will continue the escort of PIC whilst in thecustody centre and/or during Court appearances. In these cases, WA Police willliaise with the Contractor to ensure an appropriate service is provided.

8. Court Custody General Custody Centre Requirements

8.1 Control and Monitoring

The control and monitoring functions to be carried out from the control monitoringroom in the custody centre are:

a) Control of entry and exits to the custody centre;

b) Control and monitoring of circulation areas, including lifts wherefitted;

c) Monitoring cells;

d) Monitoring of any holding cells adjacent to the Courtrooms;

e) Control of entries/ exits to interview facilities;

f) Monitoring of visitors' booths;

g) Monitoring doors into the Courtroom dock;

h) Monitoring of all alarms and security systems; and

i) The issue, monitoring and control of the issuing of all keys/accesscards within the Custodial Areas.

8.2 Supervision of PICs

The Contractor shall develop and implement procedures to ensure that all PIC inthe Contractor's care are supervised at all times and that systems are in place tosecure the custody centre facilities and Courtroom docks to prevent escape.

The Contractor shall take all reasonable steps to ensure that PIC under itsresponsibility:

a) Are protected from physical, verbal or intimidatory violence;

b) Who are experiencing psychological or physical distress areappropriately cared for;



c) Are provided with any prescribed medication or reasonablerequirements necessary for their well being; and

d) Who display signs of aggression are appropriately managed.

The Contractor shall also ensure that:

a) Staffing levels are sufficient to ensure the safety and security of allPIC, visitors and staff at all times; and

b) The potential for public and/or media contact with PIC is minimised.

The Contractor must use reasonable endeavours to prevent injury to a PIC. Theuse of restraints must be minimised. The Contractor shall ensure that the use ofinstruments of restraint within the custody facilities are authorised by the Principalfollowing procedures within the Operating Plan.

The Contractor must ensure that Court Users are protected from any physical andverbal abuse from PIC under their supervision. The Contractor shall implement PICmanagement procedures to prevent excessive noise from Courtroom holding cellsand custody centre interrupting Court proceedings.

8.3 PIC Witness

The Contractor shall develop and implement procedures to ensure that in a jurytrial, a witness from a prison is not allowed to enter the Courtroom in such amanner that would indicate that he/she is a prisoner. If a DCS prisoner is requiredto appear as a witness, they will be received into the custody centre. The witnessshould be escorted to the public entry of the Courtroom where any restraints willbe removed prior to the PIC being directed to enter the Courtroom and proceed tothe witness box. The Contractor is to develop and implement procedures to ensurethe management of a PIC witness is subject to a risk assessment by theContractor.

A PIC witness is to be accommodated separately from other PIC identified by theClient Agencies or the Contractor, including all other PIC that may be associatedwith that matter or trial for which the PIC is a witness. Once the PIC witness isreceived, it is the Contractor's responsibility to escort the PIC witness into thewitness box via either:

a) The dock door, providing that there is access from the dock to thewitness box and that there is no conflict / risk with the PIC in thedock, or

b) The public foyer when the access from the dock is not possible orwhen ordered by the Judicial Officer. The Contractor is to provideadequate security to ensure the safety of the PIC witness and toprevent the PIC witness from escaping or causing harm.

8.4 Movement of PICs and Bailees to and from the Courtroom

The Contractor shall develop and implement procedures to ensure PIC aredelivered to Court on schedule and that the Court is not delayed.



The Contractor is to ensure that any PIC or Bailee within the custodial facilities orCourtroom dock is adequately supervised by an escort officer or dock guard while:

a) The PIC or Bailee is delivered to and from their designatedCourtroom or Courtroom holding cells in a secure and timely mannervia the custodial circulation system;

b) In the dock while proceedings are being conducted;

c) The PIC or Bailee is transported to and from the interview rooms;

d) The PIC is held in the Courtroom holding area for durations asordered by the Judicial Officer for adjournments, deliberations etc;

e) The PIC or Bailee is returned to the custody facilities at theconclusion of the trial, unless released at Court; and

f) The PIC or Bailee is processed to be released on bail.

Whilst a PIC or Bailee is in custody of the Contractor, the Contractor shall have anaccurate record of:

a) The location of a PIC or Bailee at all times;

b) All movements during the day;

c) Any material observations/behavioural changes whilst in custody;

d) All visitors to the PIC or Bailee;

e) The Contractor is to ensure that a PIC does not have any contactwith the public during their Court appearance unless authorised bythe Court;

f) Bailees in holding areas are to be monitored, properly supervised atall times and moved to and from Court in a timely manner; and

g) Once Bailees enter the dock and are remanded on bail, sentenced, orthe case is adjourned and the Judge/Magistrate orders that theBailee be held in custody, it is the Contractor's responsibility to holdthe Bailee in custody.

8.5 Legal Visits and Support Services

The Contractor shall make provisions for PIC and Bailees to receive official visitsfrom:

a) The Inspector of Custodial Services and authorised Inspectorateofficers;

b) Legal representatives, lawyers, barristers etc;

c) WA Police;

d) DotAG Court Security Directorate staff;

e) Ombudsman;



f) Crime and Corruption Commission officers;

g) Department of Immigration and Multicultural and Indigenous Affairs;

h) Interpreters;

i) Persons with authorised and/or unfettered access to custodial placesunder the Court Security and Custodial Services Act 1999; and

j) Approved social welfare workers.

The Contractor is to develop and implement procedures to establish whether anyother visitors have a bona fide reason to visit a particular PIC or Bailee including, inexceptional circumstances, family and friends who may be called upon to assistwith managing a PIC.

The Contractor is responsible for the supervision of all visits to ensure that noweapons or contraband is introduced into a custody centre.

8.6 Self Representing PIC

The Contractor is to develop and implement procedures to manage PIC who haveelected to represent themselves before a Court. If a PIC represents themselves inCourt, the Contractor shall ensure that:

a) All required equipment and materials (such as books) are checkedfor concealed weapons or contraband;

b) All required equipment and materials arranged by the PIC are madeavailable to the PIC whilst in custody;

c) Provisions are to be made for the PIC to take notes before, duringand after Court proceedings;

d) All materials are returned to the PIC if released or arrangementsmade for their return to prison, should the PIC remain in custody;and

e) A suitable quiet area is provided in the custody centre to enable thePIC to prepare for the hearing.

8.7 People with Disabilities

The Contractor is to develop and implement procedures to:

a) Receive people with disabilities (physical or intellectual) within thecustodial Areas, including PIC, Bailees, legal representatives andvisitors; and

b) Carry out any special instructions issued by the Court or noted onthe PICs information sheet.

Sufficient assistance must be given for people with disabilities in the custody centrethat will ensure their safety, security and special needs are met.



8.8 Interpreter for Non-English Speaking Persons

The Contractor is to develop and implement procedures to ensure that PIC fromnon-English speaking backgrounds and/or PIC experiencing difficulties incomprehending English are identified. The Contractor must inform the ClientAgency representative that an interpreter is required as soon as the need becomesapparent. The PIC is to be provided with access to available interpreting servicesso that adequate information is provided to the PIC in a manner that is sensitive totheir language and cultural needs. When the PIC is in the Court custody facilitiesthe Contractor shall facilitate the attendance of an interpreter or provide telephoneaccess to an interpreting service. In Court interpreting services remain theresponsibility of the Client Agency.

8.9 Food Services

The Contractor is to develop and implement procedures to manage PIC to ensurethat all PIC held in the custody centre between 11.30am and 2.00pm and between6.00pm and 8.00pnn shall be provided with an appropriate and nutritionallybalanced meal. The Contractor must ensure that the food is varied and is deliveredto comply with quantity, temperature and nutritional values to provide for thehealth and well being of the PIC.

The Contractor must demonstrate the application of a Quality Assurance Programor food safety program to "Foodsafe" standard. The Contractor shall providedetailed specifications of the proposed food products that must be compliant withthe Dietary Guidelines for Australians (2003 revision).

The Contractor is to develop and implement procedures to manage PIC mealrequirements which are to include but are not limited to:

a) The variety of food;

b) The weights and measures of the food;

c) A colour image of the completed food item; and

d) Ensuring that use by, best before or production dates appear on allpackaged items.

The Contractor is to develop and implement procedures to ensure that allreasonable special dietary needs of PIC are met, including health, social, culturaland religious requirements.

The making, handling, storage and distribution of the food shall comply with allrelevant food and hygiene regulations including standards 3.2.1, 3.2.2 and 3.2.3 ofthe Australian New Zealand Food Standard Code.

8.10 Cleaning and Hygiene

The Contractor is to develop and implement procedures to ensure that all theCustodial areas are kept clean and tidy at all times. In particular additionalcleaning services as a result of any PIC illness or anti social behaviour shall beundertaken as soon as possible.



8.11 Discharge of PIC

A Court appearance may result in a PIC being free to leave the Court because:

a) The case is dismissed;

b) The accused is acquitted; or

c) The accused is given a non-custodial sentence and there are noReturn to Prison Orders for outstanding charges (If a Return Orderexists, then the PIC will be returned to the custody centre and awaittransport to prison).

The Contractor is to develop and implement procedures to ensure that if theoutcome of the Court appearance results in the matter being referred to trial orhigher Court and the PIC is entitled to bail until the next Court appearance, then:

a) For personal bail, the Judge's/Magistrate's associate or judicialsupport officer, Court Registrar, a JP or another person authorised bythe Bail Act 1982, will authorise the bail release;

b) In the case of surety, the PIC will be escorted by the Contractor tothe custody centre and provided with telephone access to thenominated surety. The surety is interviewed and signed up (often bya Justice of the Peace). If the surety arrangements (and/or otherconditions) are met and validated by an authorised officer includingthe associate or a Justice of the Peace, the authorised officer willauthorise the Contractor to release the PIC; and

c) If the PIC cannot meet the bail requirements, then the Contractorshall retain the PIC in the custody centre until transport to prison isavailable.

The Contractor shall also process PIC for return to psychiatric institutions if soinstructed.

The Contractor is to develop and implement procedures to ensure that whendirected by the Court that a PIC be discharged, that person must be dischargedpromptly by the Contractor unless there is a Return to Prison Order or otherconcurrent warrant.

The Contractor is to develop and implement procedures to ensure that Agenciesresponsible for movement of persons who have been "stranded" as a result of theirmovement from community to the Court location are made aware of vulnerable PICto be discharged, in order that the government Agency responsible can arrange forthat person to return to his/her home locality.

The Contractor relinquishes responsibility for a PIC or Bailee when a Judicial Officerdischarges the person at the dock where there are no other custodial orders inforce, or when the PIC passes through the door into the secure vehicle in thesallyport to return to prison or other institution.

Should bail or surety be required, responsibility is relinquished when the authorisedperson including an associate or JP authorises the release and if in the custodycentre the person passes through the door from custody to freedom.



9. State Obligations

DotAG is obliged to provide details of Court listings and appearance informationincluding:

a) Preliminary list 14 days prior to District and Supreme Court'sappearances;

b) Confirmations of Court lists by the close of business on the day priorto the relevant Court appearance; and

c) List of Bailees to surrender into custody by the close of business onthe day prior to the relevant Court appearance.

DCS is obliged to provide any relevant information including a list of PICappearances from relevant prisons by the close of business on the day prior tothe relevant Court appearance.

10. Key custody roles

The Contractor is to develop and implement procedures to ensure that whilst onduty, all personnel employed by the Contractor to perform custody services mustbe individually and immediately contactable. The identity of custody personnel,including wearing of an approved uniform and the security clearance of eachperson must be visible at all times and reviewed at regular intervals. Custodyofficers will be required to perform the following functions:

b) Accept and process custody of prisoners and others for appearancebefore the Court;

c) Accept and process custody of persons from the back of Court;

d) Conduct searches and provide procedures for management ofpersonal property;

e) Conduct appropriate risk management;

f) Provide for the care, welfare and security of PICs;

g) Maintain PIC movement records;

h) Escort prisoners to Court and maintain security of prisoners in theCourtroom;

i) Comply with directions of the presiding judicial officer; and

j) Return prisoners to Court custody centre, facilitate bail for those withbail options if granted including arranging and permitting phonecalls, escorting PICs to and from interview rooms to meet withpotential sureties and to arrange signing of bail papers and arrangefor release or further movement.



10.1 Custody Officer

The Contractor is to develop and implement procedures to ensure that all PICunder custodial care are supervised at all times and that systems are in place tosecure the custody centre facilities and Courtroom docks to prevent escape.Custody officers are responsible for:

a) Control of entry and exits to the custody centre;

b) Control and monitoring of circulation areas, including lifts;

c) Monitoring custody cells;

d) Monitoring of holding room adjacent to the Courtrooms;

e) Control of entries/ exits to interview facilities;

f) Monitoring of visitors' booths;

g) Monitoring doors into the Courtroom dock;

h) Monitoring of all alarms and security systems; and

i) The issue, monitoring and control of all keys/access cards within thecustodial areas via a key management system.

In addition, Custody officers are to take all reasonable steps to ensure that PICunder their responsibility:

a) Are protected from physical, verbal or intimidatory violence;

b) Who are experiencing psychological or physical distress areappropriately cared for;

c) Are provided with any approved medication or reasonablerequirements necessary for their well being;

d) Who display signs of aggression are appropriately managed; and

e) Use reasonable endeavours to prevent injury to a PIC.

The use of restraints must be minimised. The Contractor shall ensure that the useof instruments of restraint within the custody facilities are authorised by thePrincipal following procedures within the Operating Manual.



11. Court Security and Custody Services RequirementThe table below details the court security and court custody services to be providedat each location at the commencement of Contract.

Table 1 Court Security and Custody Service Requirements.

LOCATION

RovingGuards

SECURITY

GalleryGuard Orderly

EscortandDockGuard

CUSTODY

Custody CustodyOfficer Control

MetropolitanSupreme Court StirlingSupreme Court (AXA x x 0 x xState Administrative x x 0 x xPerth Childrens Court 0 x xFamily Court x x 0 x xEast Perth Watch House * x x xPerth Police Complex # x xArmada leFremantleJoondalupMidlandMandurahRockinghamRegionalAlbanyBroomeBunburyBusselton x x x x xCarnarvon #Geraldton x xKalgoorlie #Kununurra # x xSth Hedland x x

0- Refers to where the Contractor shall conduct an escort of PIC from prison to the Court and remainwith the person until the matter is dealt with and then return the PIC to the prison as part ofmovement services.

#Locations that will have an increase in service requirement following completion of new facility orupgrade of existing facility.

* Saturday and public holidays


Court Security and Custodial Services Schedule 9 Lock-Up Custody Management Services

SCHEDULE 9: LOCK UP CUSTODY MANAGEMENT SERVICES

1. DescriptionLock Up custody services refer to the detention, security, safety and welfare ofPersons in Custody at Police Lock Ups and include the internal security of the LockUp. External security remains the responsibility of Police. PIC may be detained inLock Ups in any one or more of the following circumstances:

a) Whilst in transit between prisons;

b) Pending removal to a prison;

c) At the request of the prisoner and with the consent of the Lock Upoperator, or at the request of a Lock Up operator and with theconsent of the prisoner;

d) When accommodation is insufficient at the local prison;

e) Where there is no Court Custody Centre, for a court appearance;

f) For discharge;

g) Any other special or extenuating circumstances as determined byDCS.

Apart from WA Police, the following agencies may also lodge a prisoner at a LockUp:

a) Australian Federal Police;

b) Australian Customs Services;

c) The Public Transport Authority of Western Australia;

d) The Sheriff of Western Australia or a bailiff executing a Court order;

e) Any other agency or person authorised by law.

2. Prescribed Lock Up Locations

Lock Up management can only be carried out by a Contractor when the Lock Up isprescribed for the purposes of the CS&CS Act. The locations listed in the tablefollowing are currently prescribed as Lock Ups for the purposes of the Act.

Table I Prescribed Lock Ups

Albany

Carnarvon


Prescribed Lock Ups

The part of the Albany Justice Complex, located at 184 StirlingTerrace, Albany, that is(a) the central portion of the northern side of the building; and(b) used as a lock-up facility and Court custody centre.

The building located at Lot 1328 Robinson Street, Carnarvon, thatis

(a) adjacent to the Carnarvon Courthouse;(b) adjacent to the Carnarvon police station; and(c) used as a Lock Up facility.



Kalgoorlie

Prescribed Lock Ups

The part of the Kalgoorlie Police Complex, located at57 Brookman Street, Kalgoorlie, that is(a) the eastern portion of the building; and(b) used as a Lock Up facility.

3. Lock Up Custody Management Requirements

At the commencement of the Contract, appropriate staffing levels shall be providedat the following location:

a) Albany (combined Lock Up facility and Court Custody Centre) LockUp custody management services to be available during Courtopening times, weekdays only. On weekends and public holidays,custody will be provided by Police staff.

Additional services will be required at Carnarvon, Kalgoorlie and Kununurra oncethe planned building development works are completed and will be subject to avariation.

4. Lock Up Custody and Security Principles

The Contractor shall ensure that all Persons in Custody are treated with humanity,dignity and sensitivity and are not subject to harsh or degrading treatment,physical or psychological abuse. All Persons in Custody are entitled to, and theContractor shall exercise, reasonable care in the conduct of an activity and to takereasonable care of a person.

Lock Up custody management services involve the operation and management ofcustody centres within specified prescribed Lock Ups. In the delivery of custodymanagement services, the Contractor shall be required to ensure the provision ofan efficient, safe and secure service.

5. Lock Up Custody Management Minimum Requirements

The Contractor shall provide sufficient services and staff to:

a) Ensure the safety of people and property at the prescribed Lock Up;

b) Protect Lock Up users and all property from theft and criminaldamage;

c) Preserve good order within the Lock Up;

d) Exercise a high level of duty of care in an ethical and humanemanner;

e) Make provisions for persons in their charge with specific needs;

f) Preserve the human dignity, security, care and well being of everyperson in their charge;



g) Ensure persons in their charge are provided with the necessities oflife;

h) Facilitate reception, processing for Court and discharge of prisoners;

i) Conduct risk assessments to ascertain health and welfare needs;

j) Facilitating bail;

k) Allow for the provision of meals and drinks;

I) Use and maintain documents and electronic systems;

m) Ensure the provision of Lock Up safety and security; and

n) Manage all prisoner personal property.

6. Lock Up Custody Management Exclusions

The following exclusions shall apply:

a) High Security Escort prisoners as determined by DCS will bemanaged by either the WA Police or DCS Emergency Support Group;

b) WA Police are responsible for those prisoners held in their custody atthose Lock Up locations where the Contract does not apply;

c) WA Police or any other client agencies are responsible for thoseprisoners held in their custody prior to custody being transferred tothe Contractor;

d) Any prisoner who requires immediate medical attention who is in thecustody of WA Police is excluded from the Contract;

e) Any person who is not a prisoner, who is in the custody of WA Policeunder the Mental Health Act is excluded from the Contract (exceptthose subject to a Court order); and

f) Specific exclusions may be made by the Contract Manager or ClientAgencies from time to time.


Court Security and Custodial Services Schedule 10 Guarantee

SCHEDULE 10: GUARANTEE

THIS DEED OF GUARANTEE is given on day of 2011

THIS DEED is made on the day of 2011

By

[#Parent Company name, ACN and address] ("the Guarantor")

In favour of

Ian Johnson in his capacity as Commissioner of the Department of Corrective Services, of141 St George's Terrace, Perth, Western Australia, 6000, for and on behalf of the State ofWestern Australia (the "Principal")

Background

The Principal has entered into the agreement set out in the Schedule (the "Contract")with Serco Australia Pty Limited (ABN 44 003 677 352) (the "Contractor").

The Guarantor agrees to guarantee and indemnify the Principal in respect of theContractor's obligations under the Contract in accordance with the terms of this Deed.

Operative provisions

1 The Guarantor irrevocably and unconditionally guarantees to the Principal the dueperformance, observance and fulfilment by the Contractor of all the warranties, termsand conditions expressed in the Contract and on the part of the Contractor to beperformed, observed or fulfilled.

2 The Guarantor indemnifies the Principal and agrees at all times hereafter to keep thePrincipal indemnified from and against all damages, costs, losses, expenses and claimswhich the Principal may suffer or incur as a consequence of or arising out of the breachby the Contractor of any of the covenants, terms and provisions or conditionscontained in the Contract and on the part of the Contractor to be performed, observedor fulfilled.

3 As a separate and distinct obligation from the Guarantor's obligations in clauses 2 and3 above, the Guarantor must on written demand by the Principal perform all of theContractor's obligations under the Contract provided demand has first been made onthe Contractor and the Contractor has failed to remedy the non-performance within aperiod of 10 Business Days of written notice by the Principal requiring the Contractorto do so.

4 As a separate and distinct obligation from the Guarantor's obligations in clauses 2 and3 above the Guarantor agrees to indemnify and keep indemnified the Principal againstany loss that the Principal may suffer by reason of:

(a) the Contractor going into liquidation (except for the purpose ofamalgamation or reconstruction);

(b) the Contractor going into receivership;

(c) the Contractor being wound up or making any arrangement,assignment or composition with its creditors;



(d) the Contract being wholly or partly void, voidable, illegal, invalid orunenforceable against the Contractor; or

(e) a disclaimer of any contract or property (including the Contract) madeby a liquidator of the Contractor pursuant to Part 5.6, Division 7A ofthe Corporations Act 2001 (Cth) or other applicable laws;

5 The liability of the Guarantor under this Deed shall not be affected by the granting oftime or other indulgence or concession to the Contractor or by the compounding,compromise, release, abandonment, waiver, variation, relinquishment or renewal ofany of the rights of the Principal against the Contractor or by any neglect or omissionto enforce such rights or by the liquidation of the Contractor or by any other act,matter or thing which under the law relating to sureties would or might but for thisprovision release the Guarantor from its obligations hereunder or any part thereof.

6 Each liability and obligation of the Guarantor contained in this Deed:

(a) shall be a continuing guarantee, indemnity or obligation and shall beirrevocable and shall remain in full force and effect until all of theobligations of the Guarantor required to be performed and observedunder this Deed have been performed and observed and all of themoneys payable under this Deed and all other moneys payable underthis Deed have been paid in full;

(b) shall not be or be considered as wholly or partially discharged by thepayment at any time of any of the moneys payable under it by asettlement of account or by any other matter or thing and shall applyto the present and future balance of the moneys payable under it; and

(c) shall be enforceable notwithstanding that any negotiable or otherinstrument, security interest, guarantee or agreement shall be still incirculation or outstanding.

7 Subject to clause 11 of this Deed, this Deed shall continue and shall remain in full forceuntil fulfilment by the Contractor of all the terms, provisions and conditions on the partof the Contractor to be performed, observed and fulfilled in accordance with the termsof the Contract.

8 The aggregate liability of the Guarantor under this Deed shall not exceed theaggregate liability of the Contractor under the Contract.

9 This Deed shall be governed by and take effect and be construed according to the lawsfrom time to time in force in the State of Western Australia and the parties herebysubmit to the exclusive authority of the courts having jurisdiction in the State ofWestern Australia and any injunctions, orders or judgments issued or grantedtherefrom shall be enforceable, insofar as they are enforceable at law, within the Stateof Western Australia.

10 Goods and Services Tax

10.1 DefinitionsCapitalised expressions which are not defined in this clause 10.1 but which havea defined meaning in the GST Law have the same meaning in this clause 10.1.

In this Deed:

GST means the goods and services tax as imposed by the GST Law including,where relevant, any related interest, penalties, fines or other charge arisingdirectly as a result of a default by the Guarantor of an obligation under this Deedbut does not include any interest or penalty, fine, or other charge imposed on



the Principal after it has received the relevant guarantee or indemnity paymentdue under this Deed;

GST Amount means, in relation to a Payment, an amount arrived at bymultiplying the Payment (or the relevant part of a Payment if only part of aPayment is the consideration for a Taxable Supply) by the prevailing rate ofGST;

GST Law has the meaning given to that term in A New Tax System (Goods andServices Tax) Act 1999, or, if that Act is not valid or does not exist for anyreason, means any Act imposing or relating to the imposition or administrationof a goods and services tax in Australia and any regulation made under that Act;and

Payment means:

(a) the amount of any monetary consideration (other than a GST Amountpayable under this paragraph); and

(b) the GST Exclusive Market Value of any non-monetary consideration,paid or provided by the Guarantor for any Supply made under or inconnection with this Deed and includes any amount payable by way ofindemnity, reimbursement, compensation or damages.

10.2 Payment exclusive of GST

The parties agree that:

(a) all Payments have been set or determined at an amount which is net ofGST;

(b) if the whole or any part of a Payment is the consideration for a TaxableSupply made by the Principal to the Guarantor, the GST Amount inrespect of the Payment must be paid to the Principal as an additionalamount, either concurrently with the Payment or as otherwise agreedin writing; and

(c) the Principal will provide to the Guarantor a Tax Invoice, before anyGST Amount is payable under this clause 10.

10.3 Net Down of Reimbursements

If a payment (including a Payment as defined in this clause 10) to the Principal isa reimbursement or indemnification, calculated by reference to a loss, cost orexpense incurred by the Principal, then the payment will be reduced by theamount of any input tax credit to which the Principal is entitled for that loss, costor expense.

11 Expiry and Termination

11.1 Subject to clause 11.2, this Deed terminates on a date that is 6 months after thedate on which the Contract expires or is otherwise terminated in accordance withits terms.

11 2 Notwithstanding clause 11.1:

(a) the Guarantor remains liable in respect of any Accrued Liability whichwas incurred up to and including the date referred to in clause 11.1; and

(b) the Principal's right to make any claim in relation to such AccruedLiability survives termination of this deed.



In this clause 11, "Accrued Liability" means a liability of the Guarantor under this Deedwhich crystallises prior to the termination or expiry of this Deed.

IN WITNESS THEREOF the parties have executed this Deed on the day and yearhereinbefore mentioned.

[#Insert the Guarantor's execution clause for a Deed]

[#Insert the Principal's execution clause for a Deed]

SCHEDULE

[#Insert details of the contract including date, parties and title]


Court Security and Custodial Services Schedule 11 Insurances

SCHEDULE 11: INSURANCES

1. Public Liability Public liability insurance covering the legal liability of the Contractorand the Contractor's Employees arising out of the Services for anamount of not less than AUD$100 million for any one occurrenceand unlimited in the aggregate;

2. Workers'Compensation

Workers' compensation insurance in accordance with the provisions ofthe Workers' Compensation and Injury Management Act 1981 (WA),including cover for common law liability for an amount of not lessthan AUD$100 million for any one occurrence in respect of workersof the Contractor. The insurance policy must be extended to coverany claims and liability that may arise with an indemnity undersection 175(2) of the Workers' Compensation and Injury ManagementAct 1981.

3. Motor vehiclethird Party

Motor vehicle third Party insurance covering legal liability againstproperty damage and bodily injury to, or death of, persons (includingbodily injury gap protection) caused by motor vehicles used inconnection with the Services for an amount of not less thanAUD$100 million for any one occurrence and unlimited in theaggregate.

4. Compulsory Compulsory third Party insurance as required under any statutethird Party relating to motor vehicles used in connection with the Services.

Minimum Evidence of Insurance Requirements

1. Names of Insured entities.2. Name of Insurer(s).3. Class of insurance.4. Limits of Liability/sum insured per event/occurrence and in the aggregate,

and including any sub limits.5. If applicable, any excess of loss/umbrella policy information including limits of

liability, name of insurer(s), listing any difference in conditions.6. Deductibles/excesses.7. Whether the policy is constructed on an "occurrence" or "claims made" wording.8. Scope of cover.9. Territorial limits of the policy.10. Policy exclusions and conditions, and any variation that limits cover in relation to this

Contract.


Court Security and Custodial Services Schedule 12 Vehicles to be acquired by the Contractor fromthe Principal

SCHEDULE 12: VEHICLES TO BE ACQUIRED BY THE CONTRACTOR FROM THEPRINCIPAL

The following table summarises the vehicles to be acquired by the Contractor from thePrincipal.

Fleet Vehicle Types Number to be acquired Price payable by theContractor to the Principal

(GST exclusive)

Isuzu 14 seater with toilet 4 $ 2,136,440

Isuzu 8 seater with toilet 12 $ 4,738,390

Isuzu dual cab 8 seater (2x2) 5 $ 2,177,789

Isuzu 12 seater 8 $ 2,326,631

VW Crafter 2 $ 336,945

Bus 19 seater 1 $ 176,579

Total 32 $11,892,774

CONTRACT NO DC50402010 Page 288 of 289 JUNE 2011