CORRECTIONS ACT 1986 - SECT 53 Governor's hearing

CORRECTIONS ACT 1986 - SECT 53

S. 53(1) substituted by No. 16/1991 s. 13(1).

    (1)     If a charge is to be heard by the Governor of the prison or by another Governor, the Governor of the prison must—

        (a)     not less than 72 hours before the hearing; or

        (b)     if the Governor and prisoner agree to a shorter period, within that shorter period; or

S. 53(1)(c) amended by No. 45/1996 s. 17(Sch. 1 item 35).

        (c)     if the prisoner is due to be discharged from prison within 7 days of the alleged prison offence occurring or if, in the opinion of the Secretary, a period of notice shorter than 72 hours is necessary for the security or good order of the prison, within the period determined by the Secretary—

give notice to the prisoner of the time, date and place of the hearing.

    (2)     At a hearing a Governor must allow the prisoner reasonable opportunity to call relevant witnesses and cross examine the person conducting the case against the prisoner and witnesses called by that person.

S. 53(3) amended by No. 16/1991 s. 13(2).

    (3)     At a Governor's hearing the prisoner, if he or she attends the hearing may be represented by another prisoner if the Governor approves.

S. 53(3A) inserted by No. 16/1991 s. 13(3).

    (3A)     If a prisoner, having been given notice under subsection (1) of the time, date and place of the hearing, refuses or fails to attend the hearing, the Governor by whom the charge is to be heard may proceed to hear and determine the charge in the prisoner's absence.

    (4)     If at a Governor's hearing the Governor finds that the prisoner is guilty of the prison offence or the prisoner admits the truth of the charge, the Governor may impose any of the following penalties—

        (a)     a reprimand;

        (b)     a fine not exceeding 1 penalty unit;

        (c)     withdrawal of one or more of the prisoner's privileges for a period not exceeding 14 days for each prison offence committed, but not exceeding in total 30 days;

S. 53(4)(d) repealed by No. 44/1991 s. 6(e).

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    (5)     The payment of fines imposed under subsection (4) may be recovered by deduction in accordance with the regulations from moneys payable to, or held by or for, the prisoner.

    (6)     For each prison offence committed the Governor must not under subsection (4) impose more than one of the penalties listed in that subsection.

S. 54 amended by No. 57/1989 s. 3(Sch. item 35.1), repealed by No. 44/1991 s. 6(f).

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S. 54A inserted by No. 16/1991 s. 14(1).