Review of decision of Local Court
14 Review of decision of Local Court
Where the Attorney-General or the prisoner or any other person who has requested or consented to the transfer of the prisoner, is dissatisfied with the decision of the Local Court under section 13, the Attorney-General, the prisoner or that person, as the case may be, may, within 14 days after the decision, apply to the Supreme
Court for a review of the decision and the Supreme Court may review the decision.
The prisoner shall be entitled to be present or be represented by a legal practitioner at the review referred to in subsection (1) and for that purpose any court or a person authorized by the rules of the Supreme Court may, by order in writing, direct the person in charge of the prison where the prisoner is then imprisoned to bring the prisoner to the place of the review specified in the order on a date and at a time so specified.
The Attorney-General and any other person who has requested or consented to the transfer of the prisoner shall be entitled to appear or be represented at the review referred to in subsection (1).
The review of the decision under section 13 shall be by way of rehearing on the evidence, if any, given before the Local Court and on any evidence in addition to the evidence so given.
Upon the review of a decision under section 13, the Supreme
Court may confirm the decision or quash the decision and substitute a new decision in its stead.
For the purpose of giving effect to a substituted decision made under subsection (5), the Supreme Court may issue an order for the transfer of the prisoner to the appropriate participating State or other Territory.
This Act’s bill:Second reading speech
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