Western Australian Current Acts

SENTENCE ADMINISTRATION ACT 2003 - SECT 115B

115B .         Decisions made by Board as constituted by chairperson alone may be reconsidered

        (1)         This section applies to decisions referred to in section 115A(4)(a), (b) and (c).

        (2)         A prisoner about whom the decision is made may request that the Board, as constituted by the chairperson alone, reconsider the decision.

        (3)         A request must —

            (a)         be in writing; and

            (b)         state the grounds for it; and

            (c)         include any submissions that the applicant wants to make to the Board about the decision concerned and the reasons for it.

        (4)         A request may be made only on the grounds that the Board in making the decision —

            (a)         did not comply with this Act or the regulations; or

            (b)         made an error of law; or

            (c)         used incorrect or irrelevant information or was not provided with relevant information.

        (5)         When a request is made, the Board, as constituted by the chairperson alone, must consider any submissions included in it and reconsider the decision concerned and may —

            (a)         confirm, amend or cancel the decision; or

            (b)         make another decision.

        (6)         The Board, as constituted by the chairperson alone, must give the applicant written notice of any decision made under subsection (5).

        (7)         A decision made under subsection (5) is not subject to reconsideration under this section.

        [Section 115B inserted: No. 14 of 2022 s. 25.]