Western Australian Consolidated Acts Western Australian Consolidated Acts (1) A charge of a
disciplinary offence against a prison officer —
(a) may
be laid by any officer having authority or control over the prison officer;
and
(b)
shall be in writing and contain particulars of the alleged offence; and
(c)
shall require to be validated by a superintendent before a copy of the charge
is furnished to the prison officer charged; and
(d)
shall require the prison officer charged to state in writing to the
superintendent, within 48 hours or such longer period as is specified in
the charge, whether he admits or denies the truth of the charge; and
(e)
subject to subsection (2), shall be dealt with at the place and time and
on the day specified by the superintendent in a notice furnished to the prison
officer charged.
(2) Subject to
section 105, where a prison officer denies the truth of a charge of a
disciplinary offence against him or fails to admit or deny the truth of the
charge within the time specified, the superintendent of the prison or some
other superintendent appointed by the chief executive officer shall proceed to
hold an inquiry into the charge in accordance with section 100.
(3) Subject to
section 105, where a prison officer admits the truth of a charge of a
disciplinary offence against him, the superintendent shall proceed forthwith
in accordance with section 102 or if he thinks fit shall direct that an
inquiry be held into the charge in the manner provided by section 100.
(4) An inquiry into a
disciplinary charge shall be held expeditiously but not earlier than
3 days after —
(a)
denial of the truth of the charge by the prison officer charged; or
(b)
where the prison officer has failed to admit or deny the truth of the charge
as required, the time allowed for admitting or denying the charge; or
(c) a
superintendent has directed under subsection (3) that an inquiry be held,
whichever date is the
earliest.
[Section 99 amended by No. 47 of 1987
s. 11; No. 113 of 1987 s. 32.]