CORRECTIONS MANAGEMENT ACT 2007 - SECT 226 Evidentiary certificates

CORRECTIONS MANAGEMENT ACT 2007 - SECT 226

    (1)     A certificate that appears to be signed by or for the director-general, and states any matter relevant to anything done or not done under this Act in relation to a detainee, is evidence of the matter.

    (2)     Without limiting subsection (1), a certificate under subsection (1) may state any of the following:

        (a)     that a stated person did, or did not, occupy a position under this Act;

        (b)     that a stated person was, or was not, a detainee;

        (c)     that a stated instrument under this Act was, or was not, in force;

        (d)     that a stated disciplinary breach by a stated detainee was, or was not, admitted by the detainee or found proven at an inquiry for chapter 10 (Discipline);

        (e)     that a stated instrument is a copy of an instrument made, given, issued or received under this Act.

    (3)     A certificate that appears to be signed by or for the director-general, and states any matter prescribed by regulation for this section, is evidence of the stated matter.

    (4)     A certificate mentioned in subsection (1) or (2) may state a matter by reference to a date or period.

    (5)     A certificate of the results of the analysis of a substance under this Act, signed by an analyst appointed under subsection (8), is evidence of the facts stated in the certificate.

    (6)     A court must accept a certificate or other document mentioned in this section as proof of the matters stated in it if there is no evidence to the contrary.

    (7)     However, an instrument mentioned in subsection (2) (c), or certificate mentioned in subsection (5), must not be admitted in evidence by a court unless the court is satisfied that reasonable efforts have been made to serve a copy of the instrument or certificate on the person concerned.

    (8)     The director-general may appoint analysts for this Act.

Note 1     For the making of appointments (including acting appointments), see the Legislation Act

, pt 19.3.

Note 2     In particular, a person may be appointed for a particular provision of a law (see Legislation Act

, s 7 (3)) and an appointment may be made by naming a person or nominating the occupant of a position (see s 207).

    (9)     An appointment under subsection (8) is a notifiable instrument.

Note     A notifiable instrument must be notified under the Legislation Act

.