CORRECTIVE SERVICES ACT 2006 - SECT 118 Consequences of breach of discipline

CORRECTIVE SERVICES ACT 2006 - SECT 118

118 Consequences of breach of discipline

(1) This section applies if a deciding officer—

(a) is satisfied, on the balance of probabilities, that a prisoner has committed a minor breach of discipline; or

(b) is satisfied, beyond reasonable doubt, that a prisoner has committed a major breach of discipline.

(2) The deciding officer may—

(a) reprimand the prisoner without further punishment; or

(b) order that privileges the prisoner may have otherwise received be forfeited—

(i) for a minor breach of discipline—in the 24 hours starting when the prisoner is advised of the decision; or

(ii) for a major breach of discipline—in the 7 days starting when the prisoner is advised of the decision; or

(c) subject to section 121 , order the prisoner to undergo separate confinement.

(3) However, separate confinement may be ordered for a minor breach of discipline only if the prisoner has habitually committed minor breaches of discipline and, on the occasion of the breach immediately preceding the alleged current breach, was warned that the next breach could result in the prisoner being separately confined.

(4) Immediately after making the decision, the deciding officer must tell the prisoner—

(a) the decision; and

(b) that the prisoner may have the decision reviewed; and

(c) how the prisoner may have the decision reviewed.

(5) If the prisoner wants to have the decision reviewed, the prisoner must tell the deciding officer immediately after being told the decision.

(6) If the prisoner tells the deciding officer that the prisoner wants to have the decision reviewed, the deciding officer’s decision is stayed until the review is finished.