Tasmanian Numbered Acts

CORRECTIONS ACT 1997 (NO. 51 OF 1997) - SECT 59

59. Procedure in dealing with allegations of commission of prison offences

      (1) If it is alleged by any person that a prison offence has been committed by a prisoner or detainee, a correctional officer or any other person employed in the administration of a prison is to provide a disciplinary officer with a written report.

      (2) The disciplinary officer is to make a proper investigation of the alleged prison offences which come to the officer's notice and is to give the prisoner or detainee alleged to have committed the offence an opportunity of making an explanation.

      (3) If, after investigating an alleged prison offence, the disciplinary officer is satisfied that an offence has not been committed, the disciplinary officer is not to take any further action.

      (4) If, after investigating an alleged prison offence, the disciplinary officer is satisfied that an offence has been committed but is trivial, the disciplinary officer need not take any further action.

      (5) Subject to subsection (4), if after investigating an alleged prison offence the disciplinary officer is satisfied that the prisoner or detainee has committed the offence, the disciplinary officer is to record the offence in the register of offences and may, in addition, do one of the following:

(a) reprimand the prisoner or detainee;

(b) withdraw one of the prisoner's or detainee's privileges for less than 14 days;

(c) confine the prisoner or detainee to his or her cell for up to 48 hours;

(d) charge the prisoner or detainee with the prison offence;

(e) take steps to have the matter dealt with under criminal law.

      (6) If a prisoner or detainee is to be charged with a prison offence, the charge is to be by way of written complaint.

      (7) The written complaint is to be heard by a disciplinary officer other than the disciplinary officer who made the complaint.

      (8) The hearing of the written complaint by a disciplinary officer is to be held as soon as practicable after the prison offence is alleged to have occurred.

      (9) Notwithstanding subsection (8), if the hearing of the written complaint is not held within 14 days from the day on which the complaint is received by the disciplinary officer, the complaint lapses.

      (10) The prisoner or detainee is entitled to be present at the hearing of the written complaint and to view at that hearing all the evidence in support of the complaint and is to be given the opportunity to respond to the complaint.

      (11) If the prisoner or detainee refuses to attend the hearing of the written complaint, the disciplinary officer may hear and determine the proceedings in relation to the written complaint in the absence of the prisoner or detainee.

      (12) The prisoner or detainee is not entitled to be represented at the hearing by a legal practitioner.

      (13) At a hearing, the disciplinary officer is not bound by legal forms or technicalities and the rules of evidence but may inform himself or herself on any matter in such manner as he or she thinks fit.