New South Wales Consolidated Regulations

CHILDREN (DETENTION CENTRES) REGULATION 2015 - REG 83

83 Procedure generally

(1) An inquiry must be conducted with as little formality and technicality, and with as much expedition, as fairness to the detainee, the requirements of the Act and this Regulation and the proper consideration of the allegation permit.

(2) Neither the person who made the allegation nor the detainee are entitled to be represented by a legal practitioner or by any other person.

(3) If the detainee refuses or fails to attend the inquiry, the centre manager may deal with the allegation in the detainee's absence.

(4) Evidence must not be required to be given on oath at the inquiry.

(5) The centre manager may allow such persons to participate in the inquiry as the centre manager thinks fit.

(6) A detainee may be dealt with for misbehaviour even though the misbehaviour constitutes an offence.

(7) Punishment must not be imposed on a person found guilty of misbehaviour if criminal proceedings have been brought in respect of substantially the same facts as those on which the person has been found guilty.