Australian Capital Territory Numbered Acts

CORRECTIONS MANAGEMENT ACT 2007 (NO. 15 OF 2007 ) - SECT 202

    (1)     An accused who appears at a hearing for an inquiry in relation to the accused—

        (a)     is entitled to be heard, to examine and cross-examine witnesses, and to make submissions for the inquiry; and

        (b)     is not entitled to be represented by a lawyer or anyone else, without the presiding officer's consent.

    (2)     In deciding whether to grant leave for legal representation, the presiding officer must have regard to the following:

        (a)     the seriousness of the disciplinary breach charged;

        (b)     the administrative penalty likely to be imposed for the disciplinary breach charged;

        (c)     the likely procedural complexities;

        (d)     the accused's capacity for selfrepresentation;

        (e)     the need for a fair and prompt resolution of the charge.

Example—par (c)

the extent of cross-examination that might be required

Note     An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).

    (3)     However, t he presiding officer may, by written order, exclude the accused from a hearing for the inquiry if the accused—

        (a)     unreasonably interrupts, interferes with or obstructs the hearing; or

        (b)     contravenes a reasonable direction by the presiding officer about the conduct of the hearing.

    (4)     If the accused fails to attend a hearing for the inquiry, the presiding officer may conduct the hearing, and make a decision on the charge, in the accused's absence.