Step 4: Disciplinary hearing

You have the right to a fair disciplinary hearing.

When running your hearing, the hearing officer must follow the laws and policies in:

  • The Victorian Human Rights Charter
  • The Mandela Rules
  • Part 7 of the Corrections Act 1986 (Vic)
  • Part 6 of the Corrections Regulations 2019 (Vic)
  • Commissioner’s Requirements 2.3.3
  • Deputy Commissioner’s Instructions 1.16

At the beginning of a hearing, the hearing officer must:

  1. Tell you about the procedure in the hearing (how the hearing will run)
  2. Read the charge out to you
  3. Give you an opportunity to plead guilty or not guilty

The rest of the hearing will run differently depending on whether you:

  1. Plead guilty; or
  2. Plead not guilty.

For more information on the process for each option, use the links on the left side of this page.

Important:

  • A disciplinary hearing must be as informal as possible.
  • If you do not go to your hearing, the hearing will go ahead without you and will run as if you had pleaded not guilty. You will not be given a chance to tell your side of the story and you could get a higher penalty. You should be told the outcome of the hearing afterwards.

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