Prisoners undertaking work in prisons are considered ‘workers’, however, are not eligible for Workers Compensation and are not protected by the Fair Work Act 2009 (Cth). In addition, prisoners are not paid superannuation and their employers do not pay payroll tax. As prisoners are completing paid work, it is necessary that their financial welfare is involved and their work is continuously overseen by a higher authority to discern its legality and fairness.

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