South Australian Current Acts

CORRECTIONAL SERVICES ACT 1982 - SECT 77E

77E—Right of review of Board decision to release life prisoners on parole etc

        (1)         Any of the following persons may apply for a review by the Commissioner of a reviewable decision:

            (a)         the Attorney-General;

            (b)         the Commissioner of Police;

            (c)         the Commissioner for Victims' Rights.

        (2)         An application under this section—

            (a)         must be made within 60 days after notification of the reviewable decision; and

            (b)         must, within 3 days of being made—

                  (i)         be served personally on—

                        (A)         the CE; and

                        (B)         the prisoner; and

                  (ii)         be served in a manner determined by the Commissioner on the Board and each of the other persons who may apply under subsection (1) for a review of a reviewable decision.

        (3)         On a review, the Commissioner—

            (a)         will examine the reviewable decision on the evidence or material before the Board; and

            (b)         may consider further evidence or material that the Commissioner decides, in the circumstances of the particular case, to admit for the purposes of the review.

        (4)         The Commissioner, on a review—

            (a)         is not bound by the rules of evidence but may inform himself or herself as the Commissioner thinks fit; and

            (b)         must act according to equity, good conscience and the substantial merits of the case without regard to legal technicalities and forms.

        (5)         The Commissioner must, on a review, give due weight to the reviewable decision and the reasons for it and not depart from the decision except for cogent reasons.

        (6)         The Commissioner may, on a review under this section—

            (a)         affirm the reviewable decision; or

            (b)         vary the reviewable decision; or

            (c)         set aside the reviewable decision and—

                  (i)         substitute his or her own decision; or

                  (ii)         send the matter back to the Board for reconsideration in accordance with any directions or recommendations that the Commissioner considers appropriate,

and, in any case, may make any order the Commissioner considers appropriate (including any interim order pending the reconsideration and determination of the matter by the Board, or any ancillary or consequential order, that the Commissioner considers appropriate).

        (7)         The Commissioner must advise the parties to the review and the prisoner of his or her decision on the review.

        (8)         The Commissioner must, if required to do so by the Supreme Court, provide the Court with a copy of the reasons for his or her decision on a particular review.