Australian Capital Territory Numbered Acts

CORRECTIONS AND SENTENCING LEGISLATION AMENDMENT ACT 2012 (NO. 34 OF 2012) - SECT 10

substitute

157     Investigation by investigator

    (1)     After being given an initial report about an alleged disciplinary breach by a detainee, the presiding officer may, if the presiding officer believes on reasonable grounds it is appropriate, refer the report to an investigator.

    (2)     The investigator must—

        (a)     consider the initial report and investigate the alleged disciplinary breach by the detainee; and

        (b)     give the presiding officer a report (an investigator's report ) about the alleged disciplinary breach.

    (3)     The report must include the following:

        (a)     a copy of the initial report;

        (b)     a recommendation for any action by the presiding officer under section 158 (2);

        (c)     the investigator's reasons for the recommendation;

        (d)     anything else prescribed by regulation.

    (4)     The report may include any other information the investigator considers is relevant in relation to the alleged disciplinary breach.

    (5)     The corrections officer who made the initial report about the alleged disciplinary breach by the detainee must not exercise any function of an investigator in relation to the breach.

158     Action by presiding officer

    (1)     This section applies if a presiding officer is given—

        (a)     an initial report about an alleged disciplinary breach by a detainee; or

        (b)     an investigator's report about an alleged disciplinary breach by a detainee.

    (2)     After considering the report and making any further investigation the presiding officer considers appropriate, the presiding officer may, if the presiding officer believes on reasonable grounds it is appropriate, do 1 or more of the following:

        (a)     take no further action in relation to the initial report;

        (b)     counsel the detainee;

        (c)     warn the detainee about committing a disciplinary breach;

        (d)     reprimand the detainee;

        (e)     refer the allegation to—

              (i)     the chief police officer; or

              (ii)     the director of public prosecutions;

        (f)     charge the detainee under section 159 (Disciplinary charge);

        (g)     subject to section 161 (Grounds for investigative segregation), direct that the detainee be segregated from other detainees for this part;

        (h)     anything else prescribed by regulation.

    (3)     A referral under subsection (2) (e) must be in writing and be accompanied by a report by the presiding officer.

    (4)     The corrections officer who made the initial report or investigator's report about the alleged disciplinary breach by the detainee must not exercise any function of a presiding officer under this division in relation to the breach.