A breach of the Corrections Management Act 2007 (ACT) in the conduct of prison disciplinary proceedings does not necessarily constitute a breach of ss 10(1)(b) or 19 of the Human Rights Act 2004 (ACT). The minimum threshold of severity for those provisions is not met where disciplinary action is of short duration, not clearly disproportionate, and the procedural breach was inadvertent. Poor formatting of an administrative form, even if apt to mislead, does not in itself constitute cruel, inhuman or degrading treatment or a failure to treat detainees with humanity.
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