In this section

Misconduct

Print

These misconduct procedures ensure prisoners who are subject to disciplinary action have their charges heard in accordance with the legislation, and if found guilty of non-compliance with the rules and regulations of the prison, are disciplined in a fair, just and humane manner.

  1. In every prison, discipline and order must be maintained with firmness and fairness.
  2. Disciplinary actions must be documented, and disciplinary hearing must comply with statutory and regulatory requirements.
  3. A prisoner must promptly obey every lawful order that is given to him or her.
  4. Prisoners are to be informed of disciplinary and appeal procedures as part of their induction.
  5. No prisoner may be permitted or required to exercise disciplinary powers over another prisoner.
  6. The disciplining of any prisoner is to be consistent with their management plan.
  7. A prisoner who considers himself or herself to be aggrieved by a lawful order must obey that order but may, on the first convenient occasion, make a complaint.
  8. The disciplining of each prisoner should have regard for their cultural values, gender and any disability they may have.
  9. In the control of prisoners, staff members must seek to influence those prisoners through example and leadership and to enlist their willing co-operation.
  10. No officer may take disciplinary action against a prisoner if that action is retaliatory in nature or inconsistent with acceptable standards of treatment of a prisoner in similar circumstances.
  11. If a prisoner has made a complaint against an officer that has not yet been heard, that officer should not lay further charges against the prisoner until after the complaint has been finalised without first consulting their supervising officer.
  12. Staff may not deliberately act or speak in a manner which is likely to provoke a prisoner.
  13. Disciplinary offences must be heard and penalties imposed only by persons with the authority to do so.
  14. No penalties can be imposed on a prisoner unless a disciplinary hearing has been held and the prisoner pleads guilty to or is found guilty of the offence.