20Complaints of misbehaviour

#### 20 Complaints of misbehaviour 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 must be dealt with and determined in accordance with the regulations. > > > (3) The person dealing with the complaint must 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 a hearing or inquiry 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 a hearing or inquiry 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 dealing with the complaint. > > > (4) The rules of evidence shall not apply to a hearing or inquiry of a complaint under this section. > > > (5) If the person dealing with a complaint is satisfied beyond reasonable doubt that the person to whom the complaint relates is guilty of the misbehaviour alleged in the complaint, the person dealing with the complaint may— > > > > > (a) take no action on the matter, or > > > > > (b) punish the person to whom the complaint relates. > > > (6) The person dealing with the complaint must 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 dealing with the complaint. > > > (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. > > > (9), (10) (Repealed) > > **s 20:** Am 1988 No 40, Sch 1 (6); 2025 No 62, Sch 6\[2\]–\[7\].