Lower Standard of Proof for Correctional Centre Governors to Penalise Inmates
Crimes (Administration of Sentences) Amendment (Standard of Proof) Bill 2025
1st House
2nd House
Law
Links to official parliament websites
Effects of this bill
If this bill passes, it means that:
Correctional centre governors no longer need to prove an inmate is guilty beyond reasonable doubt to impose penalties; they only need to be satisfied on the balance of probabilities.
Governors can strip inmates of privileges for up to 6 months for mobile phone offences; this requires proof on the balance of probabilities.
Governors can strip inmates of privileges for up to 6 months for drug test offences; this requires proof on the balance of probabilities.
Visiting Magistrates still require proof beyond reasonable doubt to strip inmates of privileges for mobile phone or drug test offences.
The lower standard of proof applies to charges committed before the law starts; this applies if a governor has not yet made a final decision.
Decisions made before the law starts can now be reviewed; this applies if the governor originally used the beyond reasonable doubt standard.