Reconsideration of whether to make a parole order—basic rule
19AKC Reconsideration of whether to make a parole order—basic rule
If the Commonwealth Parole Board refuses to make a parole order for a person, the Commonwealth Parole Board must reconsider whether to make a parole order for the person before the end of the reconsideration period for the refusal, and must:
decide to make a parole order for the person; or
refuse to make a parole order for the person; or
defer deciding whether to make or refuse to make a parole order for the person until a day not later than 3 months after the end of the reconsideration period for the refusal.
Once the Commonwealth Parole Board decides to make a parole order, it must make the parole order under section 19AKD as soon as possible.
Section 19AKE sets out the arrangements for a person subject to a State or Territory sentence, section 19ALA deals with matters that may be considered in decisions about parole orders and section 19ALB deals with terrorism and control orders.
Despite subsection (1), the Commonwealth Parole Board is not required to reconsider whether to make a parole order for a person if, at the end of the period of 12 months beginning on the day of the refusal, the person does not have 30 days or more remaining on any of the sentences to which the parole order would relate.
If the Commonwealth Parole Board does not make a decision under subsection (1) before the end of the reconsideration period, the Commonwealth Parole Board must make a decision under that subsection as soon as practicable after the end of that period.
The reconsideration period, for a refusal to make a parole order for a person, is:
the period of 12 months beginning on the day of the refusal; or
if the Commonwealth Parole Board considers it appropriate, a period of more than 12 months, but not more than 24 months, beginning on the day of the refusal.
This Act’s bill:Explanatory memorandumSecond reading speech
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