Corrective Services Act 2006

This section applies in relation to a prisoner’s application for a parole order if—

the prisoner has, at any time, been convicted of a terrorism offence; or

the prisoner is the subject of a Commonwealth control order; or

the parole board is satisfied the prisoner has promoted terrorism; or

a report in relation to the prisoner given by the commissioner under section 193E states there is a reasonable likelihood the prisoner may carry out a terrorist act and any of the following apply—

the prisoner has been charged with, but not convicted of, a terrorism offence;

the prisoner has been the subject of a Commonwealth control order;

the parole board is satisfied the prisoner is or has been associated with a terrorist organisation, or with a person who has promoted terrorism.

Note—For when a person promotes terrorism, see section 247A.

The parole board must refuse to grant the application under section 193(1) unless the board is satisfied exceptional circumstances exist to justify granting the application.

In considering whether exceptional circumstances exist to justify granting the application, the parole board may have regard to any relevant matter.

In considering a matter mentioned in subsection (1)(c) or (d)(iii), the parole board may have regard to—

a report in relation to the matter given by the commissioner under section 193E; and

any other information the board considers relevant.

If the parole board decides to grant the application, the board must give the prisoner written reasons for the decision.

Note—See also section 193(6)(a).

To remove any doubt, it is declared that—

this section does not limit or otherwise affect the power of the parole board to refuse the application under section 193(1); and

a decision under subsection (2) that exceptional circumstances exist to justify granting the application is not a decision for section 194(1)(a) that exceptional circumstances exist in relation to the prisoner.