295Action by administrator

295 Action by administrator (1) This section applies if an administrator is given an allegation report about an alleged behaviour breach by a young detainee. (2) The administrator— (a) must consider the allegation report; and (b) may arrange for an investigator to investigate the alleged behaviour breach in accordance with the reporting and investigation procedures if the administrator believes on reasonable grounds that it is appropriate in the circumstances. (3) After considering the allegation report and the report of any investigation under subsection (2) (b), the administrator may take any further action the administrator believes on reasonable grounds is appropriate in the circumstances. (4) Without limiting subsection (3), the administrator may do 1 or more of the following if the administrator believes on reasonable grounds that it is reasonable and proportionate in the circumstances: (a) take no further action in relation to the report; (b) counsel the young detainee; (c) warn the young detainee about committing a behaviour breach; (d) reprimand the young detainee; (e) for a minor behaviour breach—deal with the young detainee in accordance with part 8.3; (f) charge the young detainee under section 296; (g) refer the alleged behaviour breach to— (i) the chief police officer; or (ii) the director of public prosecutions.

Responding to behaviour breaches Part 8.2 (5) Before deciding what action (if any) to take in relation to a minor behaviour breach, the administrator must review any previous minor behaviour breaches and behaviour management consequences imposed on the young detainee. (6) A referral under subsection (4) (g) must be in writing and accompanied by the allegation report and any reports the administrator has of investigations already made about the alleged behaviour breach.