sec.116Considering whether breach of discipline committed

### sec.116 Considering whether breach of discipline committed If a corrective services officer starts proceedings against a prisoner for a breach of discipline, a deciding officer must conduct a hearing to decide whether the breach was committed. The time within which the decision must be made is— if the matter was referred to the commissioner and the commissioner advised the chief executive that the matter is not to be prosecuted as an offence—as soon as practicable, but within 14 days, after the chief executive receives the advice; or if paragraph (a) does not apply— for a minor breach of discipline—within 24 hours after the alleged time the alleged breach happened; or for a major breach of discipline—as soon as practicable, but within 14 days, after the deciding officer becomes aware of the alleged breach. The deciding officer must— tell the prisoner of any evidence supporting the allegation of the breach of discipline; and give the prisoner a reasonable opportunity to make submissions in the prisoner’s defence, including, for example, by attending the hearing and— questioning any witness called by the chief executive; and calling a person within the corrective services facility to give evidence in the prisoner’s defence, unless the deciding officer considers the evidence may be given in writing or in another form; and give the prisoner a reasonable opportunity to make submissions in mitigation of punishment. The deciding officer may question the prisoner and anyone else who may be able to provide relevant information. Neither the corrective services officer who alleges the breach nor the prisoner are allowed any legal or other representation before the deciding officer. However, the prisoner may be helped by someone from the corrective services facility if the prisoner is disadvantaged by language barriers or impaired mental capacity. The deciding officer is not bound by the rules of evidence but may, subject to a regulation, obtain information about the matter in the way the deciding officer thinks appropriate. s 116 amd 2024 No. 25 s 3 sch 1 (sec.116-ssec.1) If a corrective services officer starts proceedings against a prisoner for a breach of discipline, a deciding officer must conduct a hearing to decide whether the breach was committed. (sec.116-ssec.2) The time within which the decision must be made is— if the matter was referred to the commissioner and the commissioner advised the chief executive that the matter is not to be prosecuted as an offence—as soon as practicable, but within 14 days, after the chief executive receives the advice; or if paragraph (a) does not apply— for a minor breach of discipline—within 24 hours after the alleged time the alleged breach happened; or for a major breach of discipline—as soon as practicable, but within 14 days, after the deciding officer becomes aware of the alleged breach. (sec.116-ssec.3) The deciding officer must— tell the prisoner of any evidence supporting the allegation of the breach of discipline; and give the prisoner a reasonable opportunity to make submissions in the prisoner’s defence, including, for example, by attending the hearing and— questioning any witness called by the chief executive; and calling a person within the corrective services facility to give evidence in the prisoner’s defence, unless the deciding officer considers the evidence may be given in writing or in another form; and give the prisoner a reasonable opportunity to make submissions in mitigation of punishment. (sec.116-ssec.4) The deciding officer may question the prisoner and anyone else who may be able to provide relevant information. (sec.116-ssec.5) Neither the corrective services officer who alleges the breach nor the prisoner are allowed any legal or other representation before the deciding officer. (sec.116-ssec.6) However, the prisoner may be helped by someone from the corrective services facility if the prisoner is disadvantaged by language barriers or impaired mental capacity. (sec.116-ssec.7) The deciding officer is not bound by the rules of evidence but may, subject to a regulation, obtain information about the matter in the way the deciding officer thinks appropriate. - (a) if the matter was referred to the commissioner and the commissioner advised the chief executive that the matter is not to be prosecuted as an offence—as soon as practicable, but within 14 days, after the chief executive receives the advice; or - (b) if paragraph (a) does not apply— (i) for a minor breach of discipline—within 24 hours after the alleged time the alleged breach happened; or (ii) for a major breach of discipline—as soon as practicable, but within 14 days, after the deciding officer becomes aware of the alleged breach. - (i) for a minor breach of discipline—within 24 hours after the alleged time the alleged breach happened; or - (ii) for a major breach of discipline—as soon as practicable, but within 14 days, after the deciding officer becomes aware of the alleged breach. - (i) for a minor breach of discipline—within 24 hours after the alleged time the alleged breach happened; or - (ii) for a major breach of discipline—as soon as practicable, but within 14 days, after the deciding officer becomes aware of the alleged breach. - (a) tell the prisoner of any evidence supporting the allegation of the breach of discipline; and - (b) give the prisoner a reasonable opportunity to make submissions in the prisoner’s defence, including, for example, by attending the hearing and— (i) questioning any witness called by the chief executive; and (ii) calling a person within the corrective services facility to give evidence in the prisoner’s defence, unless the deciding officer considers the evidence may be given in writing or in another form; and - (i) questioning any witness called by the chief executive; and - (ii) calling a person within the corrective services facility to give evidence in the prisoner’s defence, unless the deciding officer considers the evidence may be given in writing or in another form; and - (c) give the prisoner a reasonable opportunity to make submissions in mitigation of punishment. - (i) questioning any witness called by the chief executive; and - (ii) calling a person within the corrective services facility to give evidence in the prisoner’s defence, unless the deciding officer considers the evidence may be given in writing or in another form; and