Corrective Services Act 2006

This section applies if a restricted prisoner applies for an exceptional circumstances parole order and a restricted prisoner declaration is in force for the prisoner.

The parole board must refuse to make the parole order unless the board is satisfied—

the prisoner, as a result of a diagnosed disease, illness or medical condition—

is in imminent danger of dying and is not physically able to cause harm to another person; or

is incapacitated to the extent the prisoner is not physically able to cause harm to another person; and

the prisoner has demonstrated that the prisoner does not pose an unacceptable risk to the public; and

that the making of the parole order is justified in the circumstances.

If the parole board grants the prisoner parole, the board must give the chief executive written notice of the board’s decision as soon as practicable after the decision is made.