South Australian Current Acts

CORRECTIONAL SERVICES ACT 1982 - SECT 44

44—CE may refer matter to Visiting Tribunal

        (1)         The CE may, at any time before imposing a penalty on a prisoner in respect of an alleged breach of the regulations, refer the matter to a Visiting Tribunal for hearing and determination.

        (2)         The Visiting Tribunal may, on hearing any matter referred to it under subsection (1) and on being satisfied beyond reasonable doubt that the allegation against the prisoner is proved, impose on the prisoner any one or more of the following penalties:

            (c)         forfeiture to the Crown of a sum, not exceeding the amount prescribed for the purposes of this paragraph, payable out of any money held by the CE on behalf of the prisoner, or any allowance to be paid to the prisoner under this Act; or

            (d)         forfeiture of any specified amenities or privileges for a specified period not exceeding 2 months; or

            (e)         exclusion from any work that is performed in association with other prisoners for a specified period not exceeding 28 days,

or it may reprimand and caution the prisoner.

        (4)         Where a prisoner causes any loss of or damage to property as a result of a breach of the regulations, the Visiting Tribunal may, whether or not it imposes a penalty in respect of the breach, direct that the prisoner pay to the owner of the property as compensation for the loss or damage such sum, not exceeding an amount prescribed for the purposes of this subsection, as the Visiting Tribunal thinks fit, payable out of any money held by the CE on behalf of the prisoner, or any allowance to be paid to the prisoner under this Act.

        (5)         If, after hearing a matter referred to it under subsection (1), the Visiting Tribunal is not satisfied beyond reasonable doubt that the allegation against the prisoner is proved, it must dismiss the charge.