Young Offenders Regulations 1995

If the chief executive officer concludes that he or she has lost confidence in the custodial officer’s suitability to continue as a custodial officer on a ground other than a ground set out in the notice the chief executive officer must —

give the custodial officer notice in writing of the further ground; and

provide to the custodial officer a copy of any document and make available for inspection any other material that has been examined and taken into account by the chief executive officer under this Division with the exception of —

a copy of a document already given to the custodial officer or any material already made available for inspection by the custodial officer under this Division; and

a privileged document or material;

allow the custodial officer a specified period to provide a response to the further ground.

For the purpose of subregulation (1)(c), the specified period is —

a period of 21 days beginning on the later of the following days —

the day on which the custodial officer is given the notice of the further ground;

the day on which the custodial officer is provided with copies of all of the documents required to be provided under subregulation (1)(b);

the day on which all material required to be made available has been made available to the custodial officer for inspection under subregulation (1)(b);

any longer period approved by the chief executive officer before the end of the period referred to in paragraph (a), on —

an application made by the custodial officer; or

the initiative of the chief executive officer.

If the chief executive officer does not provide the custodial officer with a copy of a document or make available for inspection any other material that was examined and taken into account by the chief executive officer under this Division because it is privileged, the chief executive officer must advise the custodial officer of each ground on which the document or material is privileged.

Subregulation (3) does not apply if the chief executive officer has already advised the custodial officer under this Division of each ground on which the document or material is privileged.