Chief executive officer may direct that mandatory transfer does not apply
178B Chief executive officer may direct that mandatory transfer does not apply
The chief executive officer may, in writing, direct that a transfer under section 178A(2) does not apply in relation to a particular offender.
In giving a direction under subsection (1), the chief executive officer —
must have regard to —
the interests of the offender; and
the interests of other persons detained in the detention centre;
and
may have regard to any other matter the chief executive officer considers appropriate.
The chief executive officer may, in writing, revoke a direction given under subsection (1).
The rules known as the rules of natural justice (including any duty of procedural fairness) do not apply to or in relation to the doing or omission of any act, matter or thing under this section by the chief executive officer.
The offender cannot apply for a review of, or an appeal against, a decision under this section.
Subsection (5) does not limit judicial review for jurisdictional error.
[Section 178B inserted: No. 15 of 2023 s. 12.]
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