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CORRECTIONS MANAGEMENT ACT 2007 - SECT 180 Adjudicator's powers after review

CORRECTIONS MANAGEMENT ACT 2007 - SECT 180

Adjudicator's powers after review

    (1)     After completing a review under section 179, the adjudicator may—

        (a)     confirm the decision under review; or

        (b)     exercise any function of the director-general under section 176 in relation to the accused, 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 adjudicator must give the accused prompt written notice of the adjudicator's decision under this section, including—

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

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

.

Note 1     If a form is approved under s 228 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 a 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 that Act, s 16).