Proceedings for charge of misconduct
71 Proceedings for charge of misconduct
(1) If a prisoner is charged with engaging in misconduct, the proceedings on the charge (misconduct proceedings) must be conducted by:
the General Manager of the custodial correctional facility; or
a correctional officer nominated by the General Manager.
(2) The nominated correctional officer must not be the officer who initiated the charge.
The decision maker may:
(a) decide the procedures for the proceedings (subject to this Act); and
(b) inform himself or herself as the decision maker considers appropriate.
(4) The proceedings must take place in the presence of the prisoner, unless the prisoner refuses to attend.
The proceedings must be conducted:
(a) with as much informality and expedition, and with as little technicality, as fairness to the prisoner permits; and
in accordance with the rules of natural justice.
The prisoner may do one or more of the following:
give evidence;
call and examine witnesses;
cross‑examine witnesses called in support of the charge.
(7) Evidence is not required to be given under oath and the rules of evidence do not apply.
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