Step 3: If you are charged with a prison offence – referral to a hearing officer
If the disciplinary officer decides to charge you with a prison offence, they must give you and the General Manager a written copy of the charge as soon as possible.
You will then have a disciplinary hearing to deal with the prison offence (sometimes called a Governor’s hearing or a General Manager’s hearing).
The person who runs the disciplinary hearing and makes a decision is called the hearing officer. The hearing officer will be the General Manager of your prison or someone they choose to act on their behalf.
Important: If it would be unfair for the General Manager at your prison or the person they choose to hear your case (like if they were a witness), you can ask for a General Manager from another prison to be the hearing officer.
Hearing notice
Your disciplinary hearing will be on a certain time and date. You will be given a hearing notice with details about your disciplinary hearing, which must include:
- The alleged prison offence
- The informant (prison officer who witnessed the offence)
- The time, date, and place of the hearing
- The procedure of a disciplinary hearing
- The name of the hearing officer
You must be given the hearing notice at least 72 hours (3 days) before your hearing date.
Who can I have at the hearing with me?
You are not allowed a lawyer at a disciplinary hearing. You can ask for another person in prison to represent you.
If you need extra support at the hearing for one of the following reasons, the prison must provide it:
- An interpreter – if you find it hard to speak or read English
- A Corrections Independent Support Officer (CISO) – if you have a cognitive or intellectual impairment, like an acquired brain injury (only with your consent)
- An Aboriginal Wellbeing or Aboriginal Liaison officer – if you identify as being of Aboriginal or Torres Strait Island origin
If the prison already has this information about you, they must make sure you have the support you need. Otherwise make sure you let the prison know that you need support before the hearing.