CORRECTIONS MANAGEMENT ACT 2007 - SECT 171 Presiding officer's powers after internal inquiry

CORRECTIONS MANAGEMENT ACT 2007 - SECT 171

    (1)     This section applies if a presiding officer has completed an inquiry under section 170.

    (2)     If the presiding officer is satisfied, on the balance of probabilities, that a disciplinary breach charged has been proven, the presiding officer may take disciplinary action against the accused in accordance with division 10.3.5 (Disciplinary action).

    (3)     The presiding officer must dismiss the charge—

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

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

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

        (a)     the chief police officer; or

        (b)     the director of public prosecutions.

    (5)     The presiding officer must give the accused prompt written notice of the presiding officer's decision under this section, including—

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

        (b)     a statement about the effect of division 10.3.3.

Note 1     If a form is approved under s 228 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.

    (6)     The presiding officer must give the director-general a copy of the notice under subsection (5).

    (7)     A referral under subsection (4) must be in writing and be accompanied by a report by the presiding officer.