❓ WA Parliament questions G4S contract terms after Mr. Ward's death. Contract doesn't allow termination for single duty of care breach, but re-tender will address this.
AnsweredQoN 1252Legislative Council
QuestionView source ↗
PRISONER TRANSPORT — TERMS OF CONTRACT
I refer to the article about the death of Mr Ward that appeared on page 16 of The West Australian of Saturday, 28 November. (1) Is it correct that G4S’s actions and/or omissions in respect of Mr Ward do not constitute a material breach of G4S’s contract with the government? (2) If yes to (1), will the minister please explain the reasons? (3) What provision is there in the contract for its termination if the duty of care owed to a prisoner is breached through the actions or omissions of G4S or its staff? (4) If the answer to (3) is that there is no such provision in the contract, what action has the minister taken to address this? (5) If the answers to any of (1) to (4) cannot be provided, will the minister please explain why this information is not subject to public scrutiny? Hon MICHAEL MISCHIN
I refer to the article about the death of Mr Ward that appeared on page 16 of The West Australian of Saturday, 28 November. (1) Is it correct that G4S’s actions and/or omissions in respect of Mr Ward do not constitute a material breach of G4S’s contract with the government? (2) If yes to (1), will the minister please explain the reasons? (3) What provision is there in the contract for its termination if the duty of care owed to a prisoner is breached through the actions or omissions of G4S or its staff? (4) If the answer to (3) is that there is no such provision in the contract, what action has the minister taken to address this? (5) If the answers to any of (1) to (4) cannot be provided, will the minister please explain why this information is not subject to public scrutiny? Hon MICHAEL MISCHIN
AnswerView source ↗
I thank the honourable member for some notice of the question. The Minister for Corrective Services advises as follows — (1) Yes. (2) The court security and custodial services contract states the following with respect to material breach — 24.1. Termination for material breach of the Contract Any of the following events constitutes a material breach of the Contract and entitles the State to terminate the Contract as to one or more specified aspects of the Services by providing to the Contractor a written notice of termination of that aspect of the Services specified in the notice: (a) if any of the following events take place in any one Service Year: (i) there are more than two (2) separate and isolated instances of a Death in Custody … (3) There is no provision in the contract that specifically provides for termination of the contract for general provisions of duty of care; however, section 24.1(a) of the contract as defined in answer to (2) applies. (4) The department is currently developing a re-tender of the contract, which will include a re-examination of all performance provisions applicable to the contract including death in custody provisions. (5) Not applicable.
(1) Is it correct that G4S’s actions and/or omissions in respect of Mr Ward do not constitute a material breach of G4S’s contract with the government? (2) If yes to (1), will the minister please explain the reasons? (3) What provision is there in the contract for its termination if the duty of care owed to a prisoner is breached through the actions or omissions of G4S or its staff? (4) If the answer to (3) is that there is no such provision in the contract, what action has the minister taken to address this? (5) If the answers to any of (1) to (4) cannot be provided, will the minister please explain why this information is not subject to public scrutiny? Hon MICHAEL MISCHIN replied: I thank the honourable member for some notice of the question. The Minister for Corrective Services advises as follows — (1) Yes. (2) The court security and custodial services contract states the following with respect to material breach — 24.1. Termination for material breach of the Contract Any of the following events constitutes a material breach of the Contract and entitles the State to terminate the Contract as to one or more specified aspects of the Services by providing to the Contractor a written notice of termination of that aspect of the Services specified in the notice: (a) if any of the following events take place in any one Service Year: (i) there are more than two (2) separate and isolated instances of a Death in Custody … (3) There is no provision in the contract that specifically provides for termination of the contract for general provisions of duty of care; however, section 24.1(a) of the contract as defined in answer to (2) applies. (4) The department is currently developing a re-tender of the contract, which will include a re-examination of all performance provisions applicable to the contract including death in custody provisions. (5) Not applicable.
(2) If yes to (1), will the minister please explain the reasons? (3) What provision is there in the contract for its termination if the duty of care owed to a prisoner is breached through the actions or omissions of G4S or its staff? (4) If the answer to (3) is that there is no such provision in the contract, what action has the minister taken to address this? (5) If the answers to any of (1) to (4) cannot be provided, will the minister please explain why this information is not subject to public scrutiny? Hon MICHAEL MISCHIN replied: I thank the honourable member for some notice of the question. The Minister for Corrective Services advises as follows — (1) Yes. (2) The court security and custodial services contract states the following with respect to material breach — 24.1. Termination for material breach of the Contract Any of the following events constitutes a material breach of the Contract and entitles the State to terminate the Contract as to one or more specified aspects of the Services by providing to the Contractor a written notice of termination of that aspect of the Services specified in the notice: (a) if any of the following events take place in any one Service Year: (i) there are more than two (2) separate and isolated instances of a Death in Custody … (3) There is no provision in the contract that specifically provides for termination of the contract for general provisions of duty of care; however, section 24.1(a) of the contract as defined in answer to (2) applies. (4) The department is currently developing a re-tender of the contract, which will include a re-examination of all performance provisions applicable to the contract including death in custody provisions. (5) Not applicable.
(3) What provision is there in the contract for its termination if the duty of care owed to a prisoner is breached through the actions or omissions of G4S or its staff? (4) If the answer to (3) is that there is no such provision in the contract, what action has the minister taken to address this? (5) If the answers to any of (1) to (4) cannot be provided, will the minister please explain why this information is not subject to public scrutiny? Hon MICHAEL MISCHIN replied: I thank the honourable member for some notice of the question. The Minister for Corrective Services advises as follows — (1) Yes. (2) The court security and custodial services contract states the following with respect to material breach — 24.1. Termination for material breach of the Contract Any of the following events constitutes a material breach of the Contract and entitles the State to terminate the Contract as to one or more specified aspects of the Services by providing to the Contractor a written notice of termination of that aspect of the Services specified in the notice: (a) if any of the following events take place in any one Service Year: (i) there are more than two (2) separate and isolated instances of a Death in Custody … (3) There is no provision in the contract that specifically provides for termination of the contract for general provisions of duty of care; however, section 24.1(a) of the contract as defined in answer to (2) applies. (4) The department is currently developing a re-tender of the contract, which will include a re-examination of all performance provisions applicable to the contract including death in custody provisions. (5) Not applicable.
(4) If the answer to (3) is that there is no such provision in the contract, what action has the minister taken to address this? (5) If the answers to any of (1) to (4) cannot be provided, will the minister please explain why this information is not subject to public scrutiny? Hon MICHAEL MISCHIN replied: I thank the honourable member for some notice of the question. The Minister for Corrective Services advises as follows — (1) Yes. (2) The court security and custodial services contract states the following with respect to material breach — 24.1. Termination for material breach of the Contract Any of the following events constitutes a material breach of the Contract and entitles the State to terminate the Contract as to one or more specified aspects of the Services by providing to the Contractor a written notice of termination of that aspect of the Services specified in the notice: (a) if any of the following events take place in any one Service Year: (i) there are more than two (2) separate and isolated instances of a Death in Custody … (3) There is no provision in the contract that specifically provides for termination of the contract for general provisions of duty of care; however, section 24.1(a) of the contract as defined in answer to (2) applies. (4) The department is currently developing a re-tender of the contract, which will include a re-examination of all performance provisions applicable to the contract including death in custody provisions. (5) Not applicable.
(5) If the answers to any of (1) to (4) cannot be provided, will the minister please explain why this information is not subject to public scrutiny? Hon MICHAEL MISCHIN replied: I thank the honourable member for some notice of the question. The Minister for Corrective Services advises as follows — (1) Yes. (2) The court security and custodial services contract states the following with respect to material breach — 24.1. Termination for material breach of the Contract Any of the following events constitutes a material breach of the Contract and entitles the State to terminate the Contract as to one or more specified aspects of the Services by providing to the Contractor a written notice of termination of that aspect of the Services specified in the notice: (a) if any of the following events take place in any one Service Year: (i) there are more than two (2) separate and isolated instances of a Death in Custody … (3) There is no provision in the contract that specifically provides for termination of the contract for general provisions of duty of care; however, section 24.1(a) of the contract as defined in answer to (2) applies. (4) The department is currently developing a re-tender of the contract, which will include a re-examination of all performance provisions applicable to the contract including death in custody provisions. (5) Not applicable.
Hon MICHAEL MISCHIN replied: I thank the honourable member for some notice of the question. The Minister for Corrective Services advises as follows — (1) Yes. (2) The court security and custodial services contract states the following with respect to material breach — 24.1. Termination for material breach of the Contract Any of the following events constitutes a material breach of the Contract and entitles the State to terminate the Contract as to one or more specified aspects of the Services by providing to the Contractor a written notice of termination of that aspect of the Services specified in the notice: (a) if any of the following events take place in any one Service Year: (i) there are more than two (2) separate and isolated instances of a Death in Custody … (3) There is no provision in the contract that specifically provides for termination of the contract for general provisions of duty of care; however, section 24.1(a) of the contract as defined in answer to (2) applies. (4) The department is currently developing a re-tender of the contract, which will include a re-examination of all performance provisions applicable to the contract including death in custody provisions. (5) Not applicable.
I thank the honourable member for some notice of the question. The Minister for Corrective Services advises as follows — (1) Yes. (2) The court security and custodial services contract states the following with respect to material breach — 24.1. Termination for material breach of the Contract Any of the following events constitutes a material breach of the Contract and entitles the State to terminate the Contract as to one or more specified aspects of the Services by providing to the Contractor a written notice of termination of that aspect of the Services specified in the notice: (a) if any of the following events take place in any one Service Year: (i) there are more than two (2) separate and isolated instances of a Death in Custody … (3) There is no provision in the contract that specifically provides for termination of the contract for general provisions of duty of care; however, section 24.1(a) of the contract as defined in answer to (2) applies. (4) The department is currently developing a re-tender of the contract, which will include a re-examination of all performance provisions applicable to the contract including death in custody provisions. (5) Not applicable.
(1) Yes. (2) The court security and custodial services contract states the following with respect to material breach — 24.1. Termination for material breach of the Contract Any of the following events constitutes a material breach of the Contract and entitles the State to terminate the Contract as to one or more specified aspects of the Services by providing to the Contractor a written notice of termination of that aspect of the Services specified in the notice: (a) if any of the following events take place in any one Service Year: (i) there are more than two (2) separate and isolated instances of a Death in Custody … (3) There is no provision in the contract that specifically provides for termination of the contract for general provisions of duty of care; however, section 24.1(a) of the contract as defined in answer to (2) applies. (4) The department is currently developing a re-tender of the contract, which will include a re-examination of all performance provisions applicable to the contract including death in custody provisions. (5) Not applicable.
(2) The court security and custodial services contract states the following with respect to material breach — 24.1. Termination for material breach of the Contract Any of the following events constitutes a material breach of the Contract and entitles the State to terminate the Contract as to one or more specified aspects of the Services by providing to the Contractor a written notice of termination of that aspect of the Services specified in the notice: (a) if any of the following events take place in any one Service Year: (i) there are more than two (2) separate and isolated instances of a Death in Custody … (3) There is no provision in the contract that specifically provides for termination of the contract for general provisions of duty of care; however, section 24.1(a) of the contract as defined in answer to (2) applies. (4) The department is currently developing a re-tender of the contract, which will include a re-examination of all performance provisions applicable to the contract including death in custody provisions. (5) Not applicable.
Any of the following events constitutes a material breach of the Contract and entitles the State to terminate the Contract as to one or more specified aspects of the Services by providing to the Contractor a written notice of termination of that aspect of the Services specified in the notice: (a) if any of the following events take place in any one Service Year: (i) there are more than two (2) separate and isolated instances of a Death in Custody …
(a) if any of the following events take place in any one Service Year: (i) there are more than two (2) separate and isolated instances of a Death in Custody …
(4) The department is currently developing a re-tender of the contract, which will include a re-examination of all performance provisions applicable to the contract including death in custody provisions. (5) Not applicable.
(5) Not applicable.
(1) Is it correct that G4S’s actions and/or omissions in respect of Mr Ward do not constitute a material breach of G4S’s contract with the government? (2) If yes to (1), will the minister please explain the reasons? (3) What provision is there in the contract for its termination if the duty of care owed to a prisoner is breached through the actions or omissions of G4S or its staff? (4) If the answer to (3) is that there is no such provision in the contract, what action has the minister taken to address this? (5) If the answers to any of (1) to (4) cannot be provided, will the minister please explain why this information is not subject to public scrutiny? Hon MICHAEL MISCHIN replied: I thank the honourable member for some notice of the question. The Minister for Corrective Services advises as follows — (1) Yes. (2) The court security and custodial services contract states the following with respect to material breach — 24.1. Termination for material breach of the Contract Any of the following events constitutes a material breach of the Contract and entitles the State to terminate the Contract as to one or more specified aspects of the Services by providing to the Contractor a written notice of termination of that aspect of the Services specified in the notice: (a) if any of the following events take place in any one Service Year: (i) there are more than two (2) separate and isolated instances of a Death in Custody … (3) There is no provision in the contract that specifically provides for termination of the contract for general provisions of duty of care; however, section 24.1(a) of the contract as defined in answer to (2) applies. (4) The department is currently developing a re-tender of the contract, which will include a re-examination of all performance provisions applicable to the contract including death in custody provisions. (5) Not applicable.
(2) If yes to (1), will the minister please explain the reasons? (3) What provision is there in the contract for its termination if the duty of care owed to a prisoner is breached through the actions or omissions of G4S or its staff? (4) If the answer to (3) is that there is no such provision in the contract, what action has the minister taken to address this? (5) If the answers to any of (1) to (4) cannot be provided, will the minister please explain why this information is not subject to public scrutiny? Hon MICHAEL MISCHIN replied: I thank the honourable member for some notice of the question. The Minister for Corrective Services advises as follows — (1) Yes. (2) The court security and custodial services contract states the following with respect to material breach — 24.1. Termination for material breach of the Contract Any of the following events constitutes a material breach of the Contract and entitles the State to terminate the Contract as to one or more specified aspects of the Services by providing to the Contractor a written notice of termination of that aspect of the Services specified in the notice: (a) if any of the following events take place in any one Service Year: (i) there are more than two (2) separate and isolated instances of a Death in Custody … (3) There is no provision in the contract that specifically provides for termination of the contract for general provisions of duty of care; however, section 24.1(a) of the contract as defined in answer to (2) applies. (4) The department is currently developing a re-tender of the contract, which will include a re-examination of all performance provisions applicable to the contract including death in custody provisions. (5) Not applicable.
(3) What provision is there in the contract for its termination if the duty of care owed to a prisoner is breached through the actions or omissions of G4S or its staff? (4) If the answer to (3) is that there is no such provision in the contract, what action has the minister taken to address this? (5) If the answers to any of (1) to (4) cannot be provided, will the minister please explain why this information is not subject to public scrutiny? Hon MICHAEL MISCHIN replied: I thank the honourable member for some notice of the question. The Minister for Corrective Services advises as follows — (1) Yes. (2) The court security and custodial services contract states the following with respect to material breach — 24.1. Termination for material breach of the Contract Any of the following events constitutes a material breach of the Contract and entitles the State to terminate the Contract as to one or more specified aspects of the Services by providing to the Contractor a written notice of termination of that aspect of the Services specified in the notice: (a) if any of the following events take place in any one Service Year: (i) there are more than two (2) separate and isolated instances of a Death in Custody … (3) There is no provision in the contract that specifically provides for termination of the contract for general provisions of duty of care; however, section 24.1(a) of the contract as defined in answer to (2) applies. (4) The department is currently developing a re-tender of the contract, which will include a re-examination of all performance provisions applicable to the contract including death in custody provisions. (5) Not applicable.
(4) If the answer to (3) is that there is no such provision in the contract, what action has the minister taken to address this? (5) If the answers to any of (1) to (4) cannot be provided, will the minister please explain why this information is not subject to public scrutiny? Hon MICHAEL MISCHIN replied: I thank the honourable member for some notice of the question. The Minister for Corrective Services advises as follows — (1) Yes. (2) The court security and custodial services contract states the following with respect to material breach — 24.1. Termination for material breach of the Contract Any of the following events constitutes a material breach of the Contract and entitles the State to terminate the Contract as to one or more specified aspects of the Services by providing to the Contractor a written notice of termination of that aspect of the Services specified in the notice: (a) if any of the following events take place in any one Service Year: (i) there are more than two (2) separate and isolated instances of a Death in Custody … (3) There is no provision in the contract that specifically provides for termination of the contract for general provisions of duty of care; however, section 24.1(a) of the contract as defined in answer to (2) applies. (4) The department is currently developing a re-tender of the contract, which will include a re-examination of all performance provisions applicable to the contract including death in custody provisions. (5) Not applicable.
(5) If the answers to any of (1) to (4) cannot be provided, will the minister please explain why this information is not subject to public scrutiny? Hon MICHAEL MISCHIN replied: I thank the honourable member for some notice of the question. The Minister for Corrective Services advises as follows — (1) Yes. (2) The court security and custodial services contract states the following with respect to material breach — 24.1. Termination for material breach of the Contract Any of the following events constitutes a material breach of the Contract and entitles the State to terminate the Contract as to one or more specified aspects of the Services by providing to the Contractor a written notice of termination of that aspect of the Services specified in the notice: (a) if any of the following events take place in any one Service Year: (i) there are more than two (2) separate and isolated instances of a Death in Custody … (3) There is no provision in the contract that specifically provides for termination of the contract for general provisions of duty of care; however, section 24.1(a) of the contract as defined in answer to (2) applies. (4) The department is currently developing a re-tender of the contract, which will include a re-examination of all performance provisions applicable to the contract including death in custody provisions. (5) Not applicable.
Hon MICHAEL MISCHIN replied: I thank the honourable member for some notice of the question. The Minister for Corrective Services advises as follows — (1) Yes. (2) The court security and custodial services contract states the following with respect to material breach — 24.1. Termination for material breach of the Contract Any of the following events constitutes a material breach of the Contract and entitles the State to terminate the Contract as to one or more specified aspects of the Services by providing to the Contractor a written notice of termination of that aspect of the Services specified in the notice: (a) if any of the following events take place in any one Service Year: (i) there are more than two (2) separate and isolated instances of a Death in Custody … (3) There is no provision in the contract that specifically provides for termination of the contract for general provisions of duty of care; however, section 24.1(a) of the contract as defined in answer to (2) applies. (4) The department is currently developing a re-tender of the contract, which will include a re-examination of all performance provisions applicable to the contract including death in custody provisions. (5) Not applicable.
I thank the honourable member for some notice of the question. The Minister for Corrective Services advises as follows — (1) Yes. (2) The court security and custodial services contract states the following with respect to material breach — 24.1. Termination for material breach of the Contract Any of the following events constitutes a material breach of the Contract and entitles the State to terminate the Contract as to one or more specified aspects of the Services by providing to the Contractor a written notice of termination of that aspect of the Services specified in the notice: (a) if any of the following events take place in any one Service Year: (i) there are more than two (2) separate and isolated instances of a Death in Custody … (3) There is no provision in the contract that specifically provides for termination of the contract for general provisions of duty of care; however, section 24.1(a) of the contract as defined in answer to (2) applies. (4) The department is currently developing a re-tender of the contract, which will include a re-examination of all performance provisions applicable to the contract including death in custody provisions. (5) Not applicable.
(1) Yes. (2) The court security and custodial services contract states the following with respect to material breach — 24.1. Termination for material breach of the Contract Any of the following events constitutes a material breach of the Contract and entitles the State to terminate the Contract as to one or more specified aspects of the Services by providing to the Contractor a written notice of termination of that aspect of the Services specified in the notice: (a) if any of the following events take place in any one Service Year: (i) there are more than two (2) separate and isolated instances of a Death in Custody … (3) There is no provision in the contract that specifically provides for termination of the contract for general provisions of duty of care; however, section 24.1(a) of the contract as defined in answer to (2) applies. (4) The department is currently developing a re-tender of the contract, which will include a re-examination of all performance provisions applicable to the contract including death in custody provisions. (5) Not applicable.
(2) The court security and custodial services contract states the following with respect to material breach — 24.1. Termination for material breach of the Contract Any of the following events constitutes a material breach of the Contract and entitles the State to terminate the Contract as to one or more specified aspects of the Services by providing to the Contractor a written notice of termination of that aspect of the Services specified in the notice: (a) if any of the following events take place in any one Service Year: (i) there are more than two (2) separate and isolated instances of a Death in Custody … (3) There is no provision in the contract that specifically provides for termination of the contract for general provisions of duty of care; however, section 24.1(a) of the contract as defined in answer to (2) applies. (4) The department is currently developing a re-tender of the contract, which will include a re-examination of all performance provisions applicable to the contract including death in custody provisions. (5) Not applicable.
Any of the following events constitutes a material breach of the Contract and entitles the State to terminate the Contract as to one or more specified aspects of the Services by providing to the Contractor a written notice of termination of that aspect of the Services specified in the notice: (a) if any of the following events take place in any one Service Year: (i) there are more than two (2) separate and isolated instances of a Death in Custody …
(a) if any of the following events take place in any one Service Year: (i) there are more than two (2) separate and isolated instances of a Death in Custody …
(4) The department is currently developing a re-tender of the contract, which will include a re-examination of all performance provisions applicable to the contract including death in custody provisions. (5) Not applicable.
(5) Not applicable.
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