Regulations 1994 No.26 of 1994 Prisons Corrections Services Regulations
Tabled Paper 160
Tabled Papers for 7th Assembly 1994 - 1997; Tabled papers; ParliamentNT
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Prisons (Correctional Services) Regulations 8. APPEAL PROCEDURE (1) A prisoner aggrieved by a penalty ordered to be imposed under the Act may, not later than 3 days after receiving notification of the penalty to be imposed, in the approved form, appeal to the Director against the imposition of the penalty. (2) An appeal under the Act shall not be commenced where a prisoner has under regulation 7(2), waived his or her right to appeal. (3) Subject to the Act and these Regulations, the procedures in and in relation to an appeal (including where necessary, the taking of evidence) are at the discretion of the Director. (4) An appeal shall be by way of a review of the evidence taken into account at the hearing of the charge but where the appellant satisfies the Director that there is additional evidence that was not available at the hearing, the Director may, in his or her discretion, admit that evidence. (5) The Director shall conduct an appeal with as little formality and technicality, and with as much expedition, as the requirements of these Regulations and a proper consideration of the matter permit. (6) If the Director thinks fit, an appeal may be determined without a hearing. (7) Where the Director conducts an appeal without holding a hearing, each party is entitled to tender written evidence or other material. (8) Where the Director conducts an appeal by holding a hearing (a) he or she shall give reasonable notice to the appellant, the officer in charge of the prison concerned and any other person who is to be required to give evidence at the appeal of the time and place at .which the appeal is to be heard; (b) the prisoner and the officer in charge of the prison are entitled to appear and to tender evidence; and (c) he or she may (i) summon a person whose evidence appears to be material to the appeal; 6