Young Offenders Regulations 1995

In addition to the grounds to be set out under section 11CD(1) of the Act, a notice must —

set out the particular conduct or behaviour on which the chief executive officer’s loss of confidence is based; and

advise the custodial officer that during the submission period the custodial officer may make written submissions to the chief executive officer in respect of the grounds on which the chief executive officer has lost confidence in the custodial officer’s suitability to continue as a custodial officer.

When the chief executive officer gives the notice to a custodial officer, the chief executive officer must also provide to the custodial officer a copy of the following documents relating to the decision to give the notice —

any summary of investigation and any supplementary summary of investigation;

any inspection list and any supplementary inspection list;

any document examined and taken into account in deciding to give the notice.

As soon as practicable after the chief executive officer gives the notice to a custodial officer, the chief executive officer must make available to the custodial officer for inspection any other material examined and taken into account in deciding to give the notice.

Subregulations (2) and (3) do not apply to any document or material that is privileged.

If the chief executive officer does not provide the custodial officer with a copy of a document or make available to the custodial officer for inspection any other material because it is privileged, the chief executive officer must advise the custodial officer of each ground on which the document or material is privileged.