CRIMES (ADMINISTRATION OF SENTENCES) ACT 1999 - SECT 52
Hearing of charges by governor
CRIMES (ADMINISTRATION OF SENTENCES) ACT 1999 - SECT 52
Hearing of charges by governor
52 Hearing of charges by governor
(1) If it is alleged that an inmate of a
correctional centre has committed a correctional centre offence, the governor
of the correctional centre may charge the inmate with the offence and conduct
an inquiry into the allegation.
(2) The following provisions apply to any
such inquiry--
(a) the inquiry must be conducted with as little formality and
technicality, and with as much expedition, as fairness to the inmate charged,
the requirements of this Act and the regulations and the proper consideration
of the charge permit,
(b) the governor is not bound by the rules of evidence,
but may inform himself or herself of any matter in such manner as the governor
thinks fit,
(c) the inmate is entitled to be heard at any hearing during the
inquiry and to examine and cross-examine witnesses,
(d) except as provided by
paragraph (e), the inmate is not entitled to be represented by an Australian
legal practitioner or by any other person,
(e) the governor must allow a
person (other than an Australian legal practitioner) to represent or assist
the inmate if the governor is satisfied--
(i) that the inmate does not
sufficiently understand the nature of the inquiry, or
(ii) that the inmate
does not understand English or is otherwise unable to properly represent
himself or herself during the inquiry,
(f) if the inmate refuses or fails to
attend at any hearing during the inquiry, the governor may hear and determine
the matter in the inmate's absence,
(g) evidence is not to be given on oath
or by affidavit at any hearing during the inquiry,
(h) the governor may allow
any correctional officer or other person to be present, and to be heard, at
any hearing during the inquiry,
(i) the governor may transfer the conduct of
an inquiry to the governor of another correctional centre to which the inmate
has been transferred.
(3) The regulations may make further provision for or
with respect to the making of any such charge and the conduct of any such
inquiry.
