New South Wales Consolidated Acts

CRIMES (ADMINISTRATION OF SENTENCES) ACT 1999 - SECT 52

52 Hearing of charges by governor

(1) If it is alleged that an inmate of a correctional centre has committed a correctional centre offence, the governor of the correctional centre may charge the inmate with the offence and conduct an inquiry into the allegation.

(2) The following provisions apply to any such inquiry--

(a) the inquiry must be conducted with as little formality and technicality, and with as much expedition, as fairness to the inmate charged, the requirements of this Act and the regulations and the proper consideration of the charge permit,

(b) the governor is not bound by the rules of evidence, but may inform himself or herself of any matter in such manner as the governor thinks fit,

(c) the inmate is entitled to be heard at any hearing during the inquiry and to examine and cross-examine witnesses,

(d) except as provided by paragraph (e), the inmate is not entitled to be represented by an Australian legal practitioner or by any other person,

(e) the governor must allow a person (other than an Australian legal practitioner) to represent or assist the inmate if the governor is satisfied--

(i) that the inmate does not sufficiently understand the nature of the inquiry, or

(ii) that the inmate does not understand English or is otherwise unable to properly represent himself or herself during the inquiry,

(f) if the inmate refuses or fails to attend at any hearing during the inquiry, the governor may hear and determine the matter in the inmate's absence,

(g) evidence is not to be given on oath or by affidavit at any hearing during the inquiry,

(h) the governor may allow any correctional officer or other person to be present, and to be heard, at any hearing during the inquiry,

(i) the governor may transfer the conduct of an inquiry to the governor of another correctional centre to which the inmate has been transferred.

(3) The regulations may make further provision for or with respect to the making of any such charge and the conduct of any such inquiry.