sec.114Breach of discipline constituting an offence

### sec.114 Breach of discipline constituting an offence If a corrective services officer observes, or obtains knowledge of, a prisoner’s act or omission that could be dealt with either as an offence or as a breach of discipline, the officer must immediately inform the chief executive of the act or omission. The chief executive must decide whether to refer the matter to the commissioner. However, if the matter could be prosecuted as a sexual offence mentioned in schedule 1 or as an offence that has a maximum penalty of 14 years or more, the chief executive must refer the matter to the commissioner. Subsection (5) applies if the chief executive— decides to refer the matter to the commissioner under subsection (2) ; or must refer the matter to the commissioner under subsection (3) . The chief executive must, within 48 hours after the corrective services officer informs the chief executive of the matter— refer the matter to the commissioner; and tell the prisoner that the matter has been referred to the commissioner. s 114 amd 2020 No. 23 s 17 (sec.114-ssec.1) If a corrective services officer observes, or obtains knowledge of, a prisoner’s act or omission that could be dealt with either as an offence or as a breach of discipline, the officer must immediately inform the chief executive of the act or omission. (sec.114-ssec.2) The chief executive must decide whether to refer the matter to the commissioner. (sec.114-ssec.3) However, if the matter could be prosecuted as a sexual offence mentioned in schedule 1 or as an offence that has a maximum penalty of 14 years or more, the chief executive must refer the matter to the commissioner. (sec.114-ssec.4) Subsection (5) applies if the chief executive— decides to refer the matter to the commissioner under subsection (2) ; or must refer the matter to the commissioner under subsection (3) . (sec.114-ssec.5) The chief executive must, within 48 hours after the corrective services officer informs the chief executive of the matter— refer the matter to the commissioner; and tell the prisoner that the matter has been referred to the commissioner. - (a) decides to refer the matter to the commissioner under subsection (2) ; or - (b) must refer the matter to the commissioner under subsection (3) . - (a) refer the matter to the commissioner; and - (b) tell the prisoner that the matter has been referred to the commissioner.