Basic Training For Staff Of Remuneration Group V1 In The Position Field Prisons

Original Language Title: Grundausbildung für die Bediensteten der Entlohnungsgruppe v1 im Planstellenbereich Justizanstalten

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129. Ordinance of the Federal Minister for Justice on the basic training for staff of the pay group v1 in the planning department of the judicial institutions

On the basis of § 67 of the Contract Law Act 1948 (VBG), BGBl. N ° 86, as last amended by the Federal Law BGBl. I n ° 111/2010, in conjunction with § § 25 to 31 of the Civil Service Act 1979 (BDG 1979), BGBl. No. 333, as last amended by the Federal Law BGBl. I No 111/2010, shall be ordered:

Section 1

General provisions

Scope

§ 1. (1) This Regulation lays down the basic training for staff of the dewage group v1 in the planning area of the judicial institutions.

Objectives and principles of basic training

§ 2. (1) The primary objective of basic training is to provide trainees with the knowledge that takes account of the specificities of the conditions of the prison and the population of the occupants, thereby achieving high-quality compliance with the conditions of the prison system. of the tasks associated with it.

(2) Training is based on a basic attitude of human dignity, and is based on the following principles:

1.

the apprentices are to be responsible for self-employment and cooperation;

2.

the training has to provide professional knowledge, practice-relevant skills and skills according to the state of the art and in accordance with the requirements of the service;

3.

teaching is to be designed in a clear and contemporary way, modern tools for the dissemination of knowledge, such as interactive teaching and learning methods (such as e-learning), are to be used in a meaningful way;

4.

to current developments in the field of pedagogy is to be taken into consideration;

5.

Quality assurance must be carried out through regular evaluation.

(3) The basic training aims both in terms of content and methodology, both on the teaching of technical and technical knowledge, as well as on the acquisition of methods and action knowledge in the sense of a practice-oriented training. In this context, taking into account scientific knowledge and methods, personal competence as well as professional skills and knowledge are imparted, which are necessary for a high-quality performance of the tasks, in order to To be able to meet requirements professionally and responsibly.

(4) Basic training is intended to support individual development and to promote personal work satisfaction.

General aspects

§ 3. (1) In the implementation of this Regulation, account should be taken, in particular, of the requirements of full-time practice, of pedagogical requirements and of the principles of economy, economy and desirability.

(2) In the sense of paragraph 1, it is particularly appropriate to make use of appropriate training and training courses for the other departments of the judiciary and the federal government outside the judiciary (such as the administrative academy) to the greatest extent possible; and take particular care in the selection of allocation services in connection with the related travel entitlement.

(3) Successful completion of completed training modules or other qualification measures, professional experience and self-employed activities may-even beyond the extent referred to in Article 9 (2)-of the law enforcement authority with the consent of the Federal Ministry of Justice, in accordance with § 30 BDG 1979, are to be counted in whole or in part. In this context, it should be noted whether, and to what extent, elements of basic training will be replaced by this.

Organisation and management of basic training

§ 4. (1) The Executive Directorate, as a personnel office, has basic training courses in accordance with the legal requirements, the planning and suitability of the planning and the suitability for training as well as the training requirements on behalf of the Federal Ministry of Justice. -if necessary in modular form, if necessary.

(2) The Executive Directorate may be responsible for the immediate organisational preparation and implementation, as well as with regard to the appropriate perception of the direct service and professional supervision of the educational institution for the Enforcement of sanctions and measures (§ 12 para. 2 last sentence of the Penal Code Act-StVG, BGBl. No. 144/1969). The management of each basic training course is to be entrusted to a person who is appropriate in terms of technical and pedagogy.

Admission to basic training

§ 5. (1) The Executive Directorate shall have the staff members, insofar as in accordance with Section 67 of the Contract Law Act 1948, Federal Law Gazette (BGBl). No 86, which has a legal obligation to complete basic training, is to be accepted by the Office for the purpose of basic training.

(2) The basic training shall be laid down within the time periods provided for in the provisions of § § 66 and 67 VBG.

(3) Federal staff admitted to a basic training course shall be provided by

1.

an employment ban under the maternity protection law 1979 (MSchG), BGBl. 221,

2.

a Karenz according to the MSchG, according to the Väter-Karenzgesetz (VKG-Karenzgesetz, VKG), BGBl. No. 651/1989, pursuant to Section 29b of the VBG in conjunction with Section 29b (4) (1), Section 29e (VBG) or Section 75 (1) BDG 1979 in conjunction with Section 10 (4) of the salary act 1956 (GehG), Federal Law Gazette (BGBl). 54,

3.

a part-time employment according to the MSchG or the VKG or

4.

A reduction in the weekly service period according to § 50b BDG 1979

shall be prevented from participating in the course of the basic training course immediately following the completion of the obstacles periods referred to in Z 1 to 4.

(5) In accordance with the economic, spatial and capacity conditions, the Executive Directorate, with the agreement of the Federal Ministry of Justice, may also provide staff of other local authorities with basic training courses in accordance with § 1 .

Section 2

Design of basic training

General outline and design of basic training

§ 6. (1) The basic training lasts approximately twelve months, whereby this duration is shortened by means of accounts (§ 3 (3), § 9 (6)). It shall be completed at the latest by the end of the fourth year of use and shall consist of the following elements:

1.

Structured practice introduction;

2.

Entry curriculum;

3.

Theoretical training;

4.

Practical training.

(2) In so far as this is appropriate, the individual parts of the course can also be designed using interactive teaching and learning methods (such as those of e-learning).

Structured Practice Introduction

§ 7. (1) The actual training is preceded by a three-month structured introduction phase.

(2) Objectives of this introductory phase are:

1.

Get to know the judicial institution and the most important codes of conduct and standards in the prison system;

2.

Introduction to the specific professional speciality in the prison system (to the extent that there are no suitable staff of the higher service available in the respective judicial institution, this part of the introduction is to be completed in another judicial institution).

(3) A tutor shall be designated for both of the training objectives set out in paragraph 2, with the same tutor also being able to cover both areas. The introduction consists of individual elements, which are to be defined in an introductory manual. In the course of the introduction, vocational scavengers are to become increasingly independent under the guidance and in the course of reflection. The completion of the individual elements of the introduction is to be documented. At the end of the introductory phase, the institution shall, after having consulted the persons involved in the introductory phase, submit a differentiated assessment of the professional seizure of the trainees.

Entry curriculum

§ 8. (1) The entry-level curriculum consists of four seminars, three to four days each, in which the essential provisions of the Penal Code and the law enforcement order as well as other relevant norms are conveyed. The participants get an impression of the theoretical foundations of the penal system as a social system and get to know the possibilities of coping with the tasks that are fully adapted.

(2) The entry-level curriculum is not to be included in the training according to § 9.

Theoretical training

§ 9. (1) The theoretical training is carried out by the completion of seminar modules with a total duration of 60 days of training, each with eight hours of teaching. In order to take account of current developments and requirements in the field of basic training, with the approval of the Federal Ministry of Justice, the total number of training days can be increased to up to 65 and the training content accordingly will be extended.

(2) In the case of accounts referred to in paragraph 6, the number of training days may be reduced to 48. If, on a case-by-case basis, additional invoices are to be made (Section 3 (3)), the detailed provisions are in each case the law of the law enforcement in coordination with the Federal Ministry of Justice.

(3) The training has to include seminar modules in which general knowledge and knowledge of the Federal Service, leadership and teamwork as well as the working field Penal Enforcement are mediated. In detail, the following seminar contents are planned for these modules:

1.

Personnel development and oversight (including equal treatment and anti-discrimination, bullying prevention, employee consultation, code of conduct);

2.

Economy:

a)

Economic law,

b)

the economic performance of a judicial institution;

c)

Prevention of Corruption;

3.

communication and conflict management;

4.

Leadership theories and their implementation;

5.

Specific forms of enforcement;

6.

Establishment and organisation of the Austrian judiciary, including the law enforcement and constitutional principles of the Austrian legal system, and-to the extent that this is relevant for the service in judicial institutions-Europarechtliche Bezüge;

7.

Criminal and criminal procedural law;

8.

Occupant-related legal application;

9.

Personnel-related legal application.

(4) In addition to the modules referred to in paragraph 3, subject-specific seminars are to be completed by legal experts with the following contents:

1.

Deepening fundamental rights and constitutional law;

2.

Deepening criminal law;

3.

Deepening of occupant-related legal application;

4.

Deepening personnel-related legal application;

5.

Foreign and asylum law.

(5) In addition to the modules mentioned in paragraph 3, subject-specific seminars are to be completed by psychologists with the following contents:

1.

Special forms of treatment and care;

2.

Suicide prevention and crisis intervention;

3.

Psychological diagnosis in prison;

4.

Criminal prognosis (severe violent offences).

(6) On the basis of the already completed academic pre-education, according to the conditions of paragraph 2 in the case of a rule

1.

in the case of psychologists, the seminars referred to in paragraphs 3, Z 3, 4 and 5;

2.

in the case of jurists, the seminars according to paragraph 3 Z 2 lit. a, Z 6 and 7

all or part of it. § 3 (3) remains unaffected.

(7) In the case of trainees who have completed a university education other than the study of law or psychology, the subject-specific seminars and the scope of any invoices from the university are The Federal Ministry of Justice and the Federal Ministry of Justice (Federal Ministry of Justice) are required to determine the law of the law on a case-by-case basis (§ 3 (3)) as well as the respective requirements.

Practical training

§ 10. (1) The practical training lasts for a total of six months. There are two two-month allotments to judicial institutions, whose stalemate is not intended to correspond to that of the apprentist's "tribal stalt". In addition, a one-month allocation to the law enforcement department or the Federal Ministry of Justice and to an external organisation or to another judicial institution, which can provide important impetus for further professional development, is also available. ,

(2) An external organisation within the meaning of paragraph 1 is, in particular, a court of justice, a body responsible for carrying out probation and removal assistance, a psychiatric hospital, the tourist police or the federal police.

(3) In accordance with the possibilities, a stay abroad at a relevant institution is also possible.

(4) In the context of the existing guidelines, the respective course manager has to draw up an individual training plan with all trainees, as well as individual training and learning objectives and the individual practical training areas in writing. be determined in sufficient time to ensure that they are each established before each training area for the trainee, the respective training officer and the head of the respective training service.

(5) At the end of each allocation, the respective Head of Service shall issue a detailed report describing the achievement of the defined training objectives and in accordance with the decision of the Executive Director in coordination with the Federal Ministry for Economic Affairs In the course of the evaluation of the trainee, an evaluation of the trainee's

(6) At the beginning and at the end of each training station, a training interview is to be conducted with the trainee (training reflection) by the management of the relevant office (or a staff member responsible for the management of the training).

Supervision

§ 11. Two group supervisions are to be completed by the trainees in the duration of one and a half days each. In addition, there is the possibility to participate in further group supervisions in the total amount of additional seven days.

Section 3

Audit provisions

Review Preparation

§ 12. (1) In order to prepare for the examination, the trainees have to participate in a preparatory workshop with a total of five days.

(2) According to the service possibilities, the trainee for the examination preparation can take special leave in the duration of up to four weeks (or up to 20 working days).

Service checks

§ 13. (1) The completion of the basic training shall be demonstrated by the successful completion of the service examination. The service examination consists of three parts:

1.

a written project work out of the penal and/or prison system a related area of around 30 pages, at least in part;

2.

an oral examination and

3.

a written exam.

(2) In the case of written and oral examination, general and professional knowledge shall be examined in accordance with the basic training.

(3) The oral examination must be submitted before an examination senate.

(4) A test which has not been passed can be repeated twice. The reprobative period shall be fixed for at least four weeks and not more than three months.

(5) With the approval of the Federal Ministry of Justice, partial exams can also be held (Section 28 (2) BDG 1979).

Audit Commission and examination senates

§ 14. (1) The Federal Ministry of Justice has been the supreme service authority for the implementation of official examinations in the framework of the basic training for the remuneration group v1 in the planning department of the judicial institutions after obtaining a proposal of the To form a Joint Examination Commission (Section 29 (1) BDG 1979).

(2) Chairman of the Examination Board is the Head of the Executive Directorate. Deputy of the Chairperson of the Examination Committee is the deputy of the Head of the Executive Directorate.

(3) The other members of the Examination Committee shall be composed of the judicial staff of the category E 1, the higher and the upper service, as well as the use, deprivation and pay groups of the same type. The Federal Ministry of Justice has, after obtaining a proposal from the law enforcement agency, which includes the educational establishment for the enforcement of the criminal and measures of measures (§ 12 para. 2 last sentence of the StVG), the other members of the Examination Committee be ordered for a period of five years on the basis of their professional and pedagogical qualification.

(4) The members of the Examination Committee are to have many years of practical experience in matters relating to the execution of sentences, as well as training and further education in the prison system.

(5) An examination senate consists of three members. The Chairman of the Examination Committee, in the event of his prevention, shall appoint the chairman of the examination board and the two other members before each examination of the members of the Examination Committee. As chairperson of examination senates, the head of the executive director or his deputy, senior officers of the law enforcement department, directors of judicial institutions, representatives of the institution referred to in § 12 (2), last sentence of the StVG, shall be required to be appointed as chairperson of the examination board. Senior officials of the Federal Ministry of Justice are being consulted. At least one member, but as far as possible, several members of the respective examination committee shall be determined from the group of lecters of the training course in question.

(6) The membership of the Examination Commission shall end with the departure from the staff level of the Federal Government. It rests on the day of the initiation of a disciplinary procedure until its final conclusion, during the period of suspension (including provisional or provisional) of the service and in the case of an out-of-service position.

(7) The closer stipulations for any partial exams are to be made in accordance with § 29 (4) BDG 1979 in consultation with the Federal Ministry of Justice.

Certificate

§ 15. (1) The chairman of the respective examination council has (in the case of the filing of partial exams also on the basis of the partial examination certificates submitted) a (total) confirmation or a (total) certificate of the completion of the basic training, in which the respective examination success and, where appropriate, the individual partial examinations must be carried out. If the majority of the members of the Senate have found that the success of the examination (if necessary the success in certain partial examinations) is to be assessed as "excellent", then the words "with distinction from ..." shall be the indication of the success of the examination. . In addition, the subject of written project work (§ 13 para. 1 Z 1) is to be found.

(2) Originals of certificates are to be handed out to the staff member in each case, the certificates are to be deposited in the respective personnel records.

Advanced Training Modules

§ 16. (1) In order to raise the qualification, further seminars and courses on topics such as staff management, teamwork, inspection service, etc., can be offered according to the needs and existing capacities for graduates of basic training. and may be subject to the transfer of specific tasks from their successful completion.

(2) Weiters may be admitted to a conducting internship for a period of up to three months in another judicial institution, in the course of which the head of the institution shall, for at least one month, be immediately responsible for the execution of his or her work. is to be accompanied.

Section 4

Other provisions

Training controlling and quality assurance

§ 17. (1) The actual training has to be reviewed by the Executive Directorate in coordination with the Federal Ministry of Justice for its effectiveness. The results of this review shall be documented.

(2) The training controlling also includes the evaluation of the activities of the training managers and lecturers in technical and didactical terms. In addition to the evaluation with questionnaires, suitable measures for this purpose are, for example, the observation and documentation of the training steps.

Linguistic equality

§ 18. As far as persons related to persons are mentioned in this Regulation only in male form, they shall refer to women and men in the same way. In applying the name to certain persons, the gender-specific form shall be used.

References

§ 19. References in this Regulation to other federal legislation are to be understood, unless otherwise specified, as references to the version in force in each case.

Closure and transitional provisions

§ 20. (1) This Regulation shall enter into force on 1 May 2011.

(2) Basic training begun before the entry into force of this Regulation may be continued and terminated either in accordance with the provisions adopted so far, or may be included in the basic training and, in accordance with the provisions of this Regulation, by-and will be continued. The key criterion is the way in which the achievement of the training objectives can be ensured in the best possible way. In any case, a previous version of the Federal Ministry of Justice has to be made.

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