Judicial Care Agency Act

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Basic data
Title: Federal law on the establishment of a judicial support agency
Abbreviation: JBA-G
Type: Federal law
Scope: Republic of Austria
Legal matter: Criminal law
Reference: BGBl. I No. 101/2008
Effective date: January 1, 2010
Please note the note on the applicable legal version !

Through the Justizbetreuungsagentur-Gesetz (JBA-G), a Justizbetreuungsagentur (JBA) was set up as an institution under public law to ensure the availability of the services required to carry out care tasks for the execution of sentences and measures within the meaning of the Prison Act , Federal Law Gazette No. 144/1969 To ensure human resources (§ 1 Paragraph 1 JBA-G).

The judicial care agency is not aimed at profit (Section 1 (2) JBA-G) and is based in Vienna (Section 1 (3) JBA-G) and branch offices can be set up. The JBA is headed by a managing director (§§ 7 ff JBA-G) and has a supervisory board to control it (management's reporting obligation). The judicial support agency is subject to control by the audit office (§ 26 JBA-G).

Tasks according to JBA-G

The task of the judicial support agency is to supply the prisons with staff for the treatment, care, upbringing and care of inmates of these prisons . It is entitled to employ staff for this or to contractually oblige them in some other way (Section 2 (1) JBA-G). The provision of personnel primarily relates to (list in accordance with Section 2 (2) JBA-G):

According to Section 2 (5) of the JBA-G, the judicial care agency is also responsible for implementing the Child Welfare Act .

Pursuant to Section 2 (6) of the JBA-G, the judicial support agency is obliged to provide for the necessary prison-specific training and further education of the staff deployed and (Section 4 of the JBA-G) to ensure that this is necessary for the care of inmates in prisons The staff provided observes the recognized methods in particular of psychiatry, psychotherapy, (clinical) psychology, medicine, dentistry, physiotherapy, occupational therapy, speech therapy, nursing, pedagogy and social work and the achievement of the enforcement purposes according to the Prison Act and the maintenance of security and order in the Supports prisons insofar as this is related to the fulfillment of care tasks.

Structure of the law

§ 1 Establishment

§ 2 Structure and principles

§ 3 Remuneration

§ 4 principles of task fulfillment

§ 5 Confidentiality

§ 6 liability

§§ 7 ff organs

§ 10 budget

§ 11 Management's obligation to report

§ 12 planning and reporting system

§ 13 Representation of the judicial support agency

§ 14 Preparation and review of the annual financial statements

§ 15 ff Supervisory Board

Section 19 Federal supervisory law

Section 20 ff labor law provisions (application of the Salaried Employees Act)

Section 24 Exemption from Taxes

§ 25 Provision of services for the judicial support agency

Section 26 Control by the Court of Auditors

§ 27 final provisions

Section 28 References to other legal provisions

Section 29 Personal designations

Section 30 Entry into Force

Section 31 Execution

Sources and References

  1. Federal law with which the federal law on the establishment of a judicial care agency (Justizbetreuungsagentur-Gesetz - JBA-G) is enacted and the federal law on health and nursing professions (Health and Nursing Act - GuKG) as well as the federal law on the regulation of upscale medical-technical services (MTD Act) ( National Council : GP XXIII RV 555 AB 584 p. 61. Bundesrat : AB 7963 p. 757.)
  2. § 24 Paragraph 1 JBA-G: The judicial support agency is a sovereign enterprise within the meaning of § 2 Paragraph 5 of the Corporate Income Tax Act 1988, Federal Law Gazette No. 401/1988 . All tax and fee-related privileges granted to the federal government on the basis of federal statutory provisions also apply to the judicial care agency, insofar as it is active in the fulfillment of its tasks in accordance with Section 2 (1). The judicial care agency is exempt from administrative taxes.
  3. Four members of the supervisory board are appointed by the Federal Ministry of Justice , one member is appointed by the Federal Chancellor , and a corresponding number of members is delegated by the works council in accordance with Section 110 of the Labor Constitution Act ( Federal Law Gazette No. 22/1974 ).
  4. § 2 para. 3 JBA-G: The management functions of the care area of ​​the prisons and the executive tasks related to the care of care tasks are performed by civil servants and contract employees of the federal government. The management of the prisons is responsible for the supervision of the care staff made available by the judicial support agency.

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