165Review of investigative segregation directions

165 Review of investigative segregation directions (1) On application under section 164, an adjudicator may— (a) conduct an inquiry to review the direction for investigative segregation of the detainee; or (b) refuse to review the direction. (2) Chapter 11 (Disciplinary inquiries) applies to the inquiry, with any changes prescribed by regulation, as if it were an inquiry under that chapter. (3) After completing an inquiry under this section, the adjudicator may— (a) confirm the direction under review; or (b) amend the direction under review; or (c) set aside the direction under review; or (d) set aside the direction under review and make a substitute direction that the detainee be segregated from other detainees for the purposes of this part. (4) The adjudicator must give the detainee prompt written notice of the adjudicator’s decision under this section.

(5) If the adjudicator refuses to review the direction, the notice must include the reasons for the refusal. Note 1 Under the Administrative Decisions (Judicial Review) Act 1989, a person order of the court, the making of the application does not affect the operation of the decision or prevent its implementation (see that Act, s 16). Note 2 For what must be included in a statement of reasons, see the Legislation

Disciplinary action—with accused’s consent Division 10.3.1