Parole Act 2002

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Reviews and appeals from decisions

67 Review of decisions

(1)

An offender who is the subject of any decision of the Board under this Act (other than a decision under any of the provisions referred to in subsection (2)) may, within 28 days of the decision, apply in writing to the Board for a review of that decision.

(2)

No review under this section may be sought of—

(a)

a decision under section 13AB to make, or to refuse to make, a confidentiality order; or

(b)

a decision under section 13AE to vary or rescind, or to refuse to vary or rescind, a confidentiality order; or

(c)

a decision under section 21A(b) or 27(4) specifying relevant activities; or

(d)

a review under section 107(6) of—

(i)

an order made under that section; or

(ii)

an order made under section 105 of the Criminal Justice Act 1985 (as provided for in section 97(8)).

(3)

The grounds for an application for review under this section are that the Board, in making the decision,—

(a)

failed to comply with the procedures set out in this Act and any regulations made under it; or

(b)

made an error of law; or

(c)

failed to comply with a policy of the Board developed under section 109(2)(a), which resulted in unfairness to the offender; or

(d)

based its decision on erroneous or irrelevant information that was material to the decision reached; or

(e)

acted without jurisdiction.

(4)

A review under this section must be undertaken, as soon as practicable, by the chairperson or by a panel convenor to whom the chairperson delegates the conduct of the review.

(5)

Following a review, the reviewer must—

(a)

confirm, quash, or amend the decision; or

(b)

refer the matter back to the Board with a direction to reconsider and decide the matter.

(6)

For the purposes of an appeal under section 68,—

(a)

a decision to confirm, quash, or amend the decision is the final decision of the Board; and

(b)

a decision of the Board taken following a reconsideration in accordance with a referral under subsection (5)(b) is the final decision of the Board.

Section 67(2): replaced, on 2 September 2015, by section 25 of the Parole Amendment Act 2015 (2015 No 4).