CHILDREN AND YOUNG PEOPLE ACT 2008 - SECT 314 External reviewer's powers after external review

CHILDREN AND YOUNG PEOPLE ACT 2008 - SECT 314

    (1)     After completing a review under section 312, the external reviewer may—

        (a)     confirm the decision under review; or

        (b)     exercise any function of a review officer under section 307 (Review officer's powers after internal review) in relation to the accused detainee, either by—

              (i)     amending the decision under review; or

              (ii)     setting aside the decision under review and making a decision in substitution for the decision set aside.

    (2)     The external reviewer must give prompt written notice of the external reviewer's decision under this section to—

        (a)     the accused detainee; and

        (b)     any support person of the accused detainee about whom the external reviewer has notice; and

        (c)     the director-general.

    (3)     The notice must include—

        (a)     a statement of the reasons for the decision; and

        (b)     notice that a person aggrieved by the decision may apply for review of the decision under the Administrative Decisions (Judicial Review) Act 1989

.

Note 1     If a form is approved under s 886 for the notice, the form must be used.

Note 2     For what must be included in a statement of reasons, see the Legislation Act

, s 179.

Note 3     Under the Administrative Decisions (Judicial Review) Act 1989

, a person aggrieved by an administrative decision made under an enactment may apply to the Supreme Court for review of the decision. Subject to any order of the Court, the making of the application does not affect the operation of the decision or prevent its implementation (see s 16).

    (4)     If the external reviewer's decision reduces or sets aside a fine imposed for the behaviour breach, the director-general must credit to the accused detainee's trust account any amount deducted from the account for payment of the fine.

    (5)     If the external reviewer's decision reduces or sets aside any other behaviour management consequence imposed for the behaviour breach, the director-general must take steps, in consultation with the accused detainee, to provide a reasonable remedy to the accused detainee.