New South Wales Consolidated Acts

CHILDREN (DETENTION CENTRES) ACT 1987 - SECT 20

20 Complaints of misbehaviour

(1) A complaint that a detainee is guilty of misbehaviour shall be made to such person, and in such manner, as may be prescribed by the regulations.

(2) Subject to subsection (3), a complaint shall be heard and determined in accordance with such procedures as may be prescribed by the regulations.

(3) The person by whom a complaint is being heard shall observe the rules of natural justice and, without limiting the generality of those rules, shall ensure that:

(a) reasonable notice of the substance of the complaint is given to the person to whom the complaint relates before the hearing commences,

(b) reasonable opportunity is given for the making of submissions by or on behalf of the person to whom the complaint relates (including submissions that challenge any allegations made in relation to that person) while the hearing is being conducted, and

(c) any submissions made by or on behalf of the person to whom the complaint relates are taken into consideration in any decision made by the person by whom the complaint is being heard.

(4) The rules of evidence shall not apply to the hearing of a complaint under this section.

(5) If the person by whom a complaint is being heard is satisfied beyond reasonable doubt that the person to whom the complaint relates is guilty of the misbehaviour alleged in the complaint, the person by whom the complaint is being heard may:

(a) take no action on the matter, or

(b) punish the person to whom the complaint relates.

(6) The person by whom a complaint is being heard shall cause a record to be made:

(a) of any decision made by that person as to whether or not the person to whom the complaint relates is guilty of the misbehaviour alleged in the complaint,

(b) of any decision made by that person under subsection (5) in relation to a person found guilty of misbehaviour, and

(c) of any other decision made by that person as a consequence of the hearing.

(7) Such a record shall include particulars of the facts on which the decision was based.

(8) A copy of the record shall be given to the person to whom the complaint relates within 24 hours after the determination of the complaint.