Corrective Services Act 2006

A review of a decision that a prisoner has committed a breach of discipline must be conducted by a corrective services officer (the reviewing officer) who holds a more senior office than the deciding officer.

The review must be—

by way of rehearing, unaffected by the decision, on the material before the deciding officer and any further evidence allowed by the reviewing officer; and

carried out as soon as practicable after the prisoner tells the deciding officer that the prisoner wants the decision reviewed.

The prisoner may be present at the review hearing and make submissions in the prisoner’s defence or in mitigation of punishment.

Neither the deciding officer nor the prisoner are allowed any legal or other representation at the review hearing.

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.

For a major breach of discipline, the review hearing must be videotaped.

The reviewing officer may—

confirm the decision; or

vary the decision; or

set the decision aside and substitute another decision; or

for a major breach of discipline—

declare the breach to be a minor breach of discipline; and

set the decision aside and substitute another decision.

Immediately after making the review decision, the reviewing officer must tell the prisoner of the decision.

The review decision is not subject to appeal or further review under this Act.