Reconsidering decision
71 Reconsidering decision
This section applies if—
the chief executive decides to transfer a prisoner under section 66 or 68, other than a preliminary transfer or a transfer for the purposes of the prisoner’s initial placement; and
the prisoner is dissatisfied with the decision.
The prisoner may, within 7 days after being given notice of the decision, apply in writing to the chief executive for a reconsideration of the decision.
After reconsidering the decision, the chief executive may confirm, amend or cancel the decision.
The Judicial Review Act 1991, parts 3, 4 and 5, other than section 41(1), do not apply to a decision made, or purportedly made, under subsection (3).
Note—The Judicial Review Act 1991, part 3 deals with statutory orders of review, part 4 deals with reasons for decisions and part 5 deals with prerogative orders and injunctions.
In this section—decision, for subsection (4), includes a decision affected by jurisdictional error.initial placement, of a prisoner who is sentenced to a period of imprisonment, means the placement of the prisoner at—
if a preliminary transfer of the prisoner has been made—the corrective services facility to which the prisoner is transferred following the preliminary transfer; or
otherwise—the corrective services facility to which the prisoner is transferred after first being admitted to a corrective services facility on sentencing.
preliminary transfer means the transfer on sentencing of a prisoner who is detained on remand for an offence, if the transfer is for the purposes of assessing and determining an appropriate corrective services facility for the prisoner’s initial placement.
This Act’s bill:Explanatory memorandum
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