CHILDREN AND YOUNG PEOPLE ACT 2008 - SECT 307 Review officer's powers after internal review

CHILDREN AND YOUNG PEOPLE ACT 2008 - SECT 307

    (1)     This section applies if a review officer has completed a review under section 306.

    (2)     If the review officer is satisfied on the balance of probabilities that a behaviour breach charged has been proven, the review officer may take disciplinary action against the accused detainee in accordance with division 8.4.4

    (3)     The review officer must dismiss the charge—

        (a)     if not satisfied on the balance of probabilities that the behaviour breach charged has been proven; or

        (b)     if satisfied on reasonable grounds that it would otherwise be appropriate to do so.

    (4)     If the review officer believes on reasonable grounds that it is necessary or appropriate to do so, the review officer may refer the charge to—

        (a)     the chief police officer; or

        (b)     the director of public prosecutions.

    (5)     The review officer must give the accused detainee prompt written notice of the review officer's decision under subsection (2), including—

        (a)     a statement of the reasons for the decision; and

        (b)     a statement that the accused detainee has a right to apply for review of the decision under division 8.4.3 (External review of internal review decisions); and

        (c)     a statement about the effect of section 310.

Note 1     If a form is approved under s 886 for the notice, the form must be used.

Note 2     For what must be included in a statement of reasons, see the Legislation Act

, s 179.