Deciding reconsideration application
175S Deciding reconsideration application
This section applies if a no body-no parole prisoner makes a reconsideration application.
The president or deputy president must decide the application by granting or refusing it.
The president or deputy president may only grant the application if, after considering the application, the president or deputy president is satisfied—
the prisoner has given the police information that the parole board may consider to be additional information; or
there has been a change in the investigation of the homicide offence to identify the victim’s location to justify the parole board’s reconsideration; orExample—The president or deputy president is aware that another prisoner has provided information to identify the victim’s location.
there has been a material change in the prisoner’s capacity to cooperate; or
for another reason, it would be appropriate in the interests of justice for the board to reconsider the prisoner’s cooperation.
If the president or deputy president grants the reconsideration application, the president or deputy president must give a written notice to—
the prisoner; and
the parole board; and
the chief executive.
The notice given under subsection (4) to the prisoner must state that the parole board will reconsider the no cooperation declaration made about the prisoner.
If the president or deputy president refuses to grant the application, the president or deputy president must give the prisoner a written notice stating the prisoner’s reconsideration application is refused.
In this section—additional information see section 175R(5).
This Act’s bill:Explanatory memorandum
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