South Australian Current Acts

CORRECTIONAL SERVICES ACT 1982 - SECT 45

45—Procedure at inquiry

In any proceedings under this Division for an offence against the regulations, the following provisions apply:

            (a)         the CE or Visiting Tribunal—

                  (i)         must afford the prisoner the opportunity of hearing or viewing all the evidence in support of the charge; and

                  (ii)         must afford the prisoner and the CE, or any officer or employee of the Department authorised by the CE for the purpose, reasonable opportunities to make submissions in relation to the charge and to call, examine or cross-examine witnesses; and

                  (iii)         must permit the CE or authorised officer or employee to make submissions as to the penalty to be imposed; and

                  (iv)         must permit the prisoner to hear any submissions made, and to make submissions, as to the penalty to be imposed;

            (b)         if the prisoner refuses to attend at the hearing of the proceedings, the CE or Visiting Tribunal may hear and determine the proceedings in the prisoner's absence;

            (ba)         the prisoner is not entitled to be represented in the proceedings by a legal practitioner;

            (c)         the CE or Visiting Tribunal is not, subject to this Act, bound by legal forms or technicalities or the rules of evidence, but may inform himself, herself or itself, in such manner as he, she or it thinks fit;

            (d)         where more than one penalty of forfeiture of amenities or privileges or exclusion from work is imposed for an offence, or for a number of offences arising out of the one incident, those penalties cannot be made consecutive one on the other;

            (e)         no conviction may be recorded against a prisoner who is found guilty of a breach of the regulations.