Step 5: The hearing officer makes a decision

If you pleaded guilty, the hearing officer will go straight to deciding your penalty. Scroll down for penalty options.

If you pleaded not guilty, after hearing both sides, the hearing office will make a decision whether:

1. You did not commit a prison offence (and dismiss the charge); or
2. You did commit a prison offence (and decide on a penalty).

Penalties

If you plead guilty or are found guilty by the officer, you could get one of these penalties:

• A warning; or
• A fine up to $100; or
• Withdraw one or more of your privileges for up to 14 days for each offence, but no more than 30 days all together (for a list of prison privileges, use the link on the left side of this page.

The hearing hearing officer can also:

• Dismiss you from work
• If all privileges are withdrawn, make an order for your separation (segregation)for no more than 30 days – for more information on separation, click here)
• Make an order for restitution (where you pay the prison or another person money, for example when property has been damaged)

Important: when making a decision, hearing officers must think about:

• Any cognitive disability or impairment you have, your rights, and what impact this may have had on your behaviour at the time of the offence
• Your psychiatric (mental health), suicide and self-harm rating at the time of the hearing, and what impact this may have had on your behaviour at the time of the offence
• If you are under 24, the impact of your maturity on the offence
• The impact any removal of privileges would have on any children, if relevant
• What penalty options are available before removal of a privilege (removal of privileges should be a last resort)
• The rights of young people, including any children who may be impacted by a particular punishment. Phone and visit contact with children can only be withdrawn where the officer can show it is ‘justifiable’. Taking away these visits should be a last resort

Impact on contact visits

Being charged with or being found guilty of a prison offence can automatically stop you from having contact visits for a period of time. This is not considered a penalty.

For more information on how contact visits are affected by prison offences, click here.