Victorian Numbered Regulations

CORRECTIONS REGULATIONS 2009 (SR NO 40 OF 2009) - REG 55

If the prisoner does not plead guilty—

        (a)     the informant must present evidence to support the charge; and

        (b)     the informant must be given a reasonable opportunity to call relevant witnesses; and

        (c)     the prisoner or the prisoner's representative must be given a reasonable opportunity to cross-examine the informant and the informant's witnesses (if any); and

        (d)     the Governor must decide whether there is sufficient evidence to warrant proceeding with the charge and must dismiss the charge if he or she decides there is insufficient evidence to warrant proceeding with the charge; and

        (e)     if the Governor does not dismiss the charge, the prisoner or the prisoner's representative must be given a reasonable opportunity to present the prisoner's case, including calling relevant witnesses; and

        (f)     the informant must be given a reasonable opportunity to cross-examine the prisoner and the prisoner's witnesses (if any); and

        (g)     if the Governor does not dismiss the charge, he or she must decide whether the prisoner is guilty or not guilty of the prison offence after hearing all the evidence presented in accordance with this regulation; and

        (h)     if the Governor finds the prisoner guilty of the prison offence, the Governor must determine the penalty.