CORRECTIONS MANAGEMENT ACT 2007 - SECT 202 Rights of accused at disciplinary hearing

CORRECTIONS MANAGEMENT ACT 2007 - SECT 202

    (1)     An accused who appears at a hearing for an inquiry in relation to the accused—

        (a)     is entitled to be heard, to examine and cross-examine witnesses, and to make submissions for the inquiry; and

        (b)     is not entitled to be represented by a lawyer or anyone else, without the presiding officer's consent.

    (2)     In deciding whether to grant leave for legal representation, the presiding officer must have regard to the following:

        (a)     the seriousness of the disciplinary breach charged;

        (b)     the administrative penalty likely to be imposed for the disciplinary breach charged;

        (c)     the likely procedural complexities;

        (d)     the accused's capacity for selfrepresentation;

        (e)     the need for a fair and prompt resolution of the charge.

Example—par (c)

the extent of cross-examination that might be required

    (3)     However, t he presiding officer may, by written order, exclude the accused from a hearing for the inquiry if the accused—

        (a)     unreasonably interrupts, interferes with or obstructs the hearing; or

        (b)     contravenes a reasonable direction by the presiding officer about the conduct of the hearing.

    (4)     If the accused fails to attend a hearing for the inquiry, the presiding officer may conduct the hearing, and make a decision on the charge, in the accused's absence.