Corrective Services Act 2006

A regulation may prescribe an act or omission to be a breach of discipline by a prisoner.

A corrective services officer need not start proceedings against a prisoner for a breach of discipline if the officer considers the proceedings should not be started having regard to—

the trivial nature of the breach; or

the circumstances surrounding the commission of the breach; or

the prisoner’s previous conduct.

A corrective services officer must not start proceedings against a prisoner for a breach of discipline if the prisoner’s act or omission was referred to the commissioner under section 114(5), unless the commissioner has advised the chief executive that the matter is not to be prosecuted as an offence.

If a corrective services officer decides to start proceedings against a prisoner for a breach of discipline, the officer must decide, having regard to the matters mentioned in subsection (2), whether the prisoner should be proceeded against for a major breach of discipline or a minor breach of discipline.

However, if a prisoner’s act or omission was referred to the commissioner under section 114(5) and is not to be prosecuted as an offence, a corrective services officer may only decide whether the prisoner should be proceeded against for a major breach of discipline.