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Corrections Management Act 2007
155Overlapping disciplinary breaches and criminal offences
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155 Overlapping disciplinary breaches and criminal offences
(1) This section applies if a detainee engages, or is alleged to have
engaged, in conduct that is both—
(a) a disciplinary breach; and
(b) an offence (a criminal offence) against a territory law, including
(2) The detainee must not be prosecuted for the criminal offence if an
administrative penalty has been imposed on the detainee because of
the disciplinary breach.
(3) A disciplinary charge for the disciplinary breach must not be started,
or further dealt with, under this chapter if a prosecution for the
criminal offence has been started in a court.
(4) Disciplinary action for the disciplinary breach must not be taken
against the detainee if the detainee has been convicted or found guilty
of the criminal offence by a court.
Note For the kinds of disciplinary action that may be taken, see s 183.
Investigation of disciplinary breaches Division 10.2.1