CORRECTIONS MANAGEMENT ACT 2007 - SECT 97 Review of segregation directions

CORRECTIONS MANAGEMENT ACT 2007 - SECT 97

    (1)     On application under section 96, an adjudicator may—

        (a)     conduct an inquiry to review the director-general's direction; or

        (b)     refuse to review the director-general's direction.

    (2)     Chapter 11 (Disciplinary inquiries) applies, with any changes prescribed by regulation, in relation to the inquiry as if it were an inquiry under that chapter.

    (3)     After completing an inquiry under this section, the adjudicator may—

        (a)     confirm the direction under review; or

        (b)     give any direction the director-general may make under the section authorising the direction under review, either by—

              (i)     amending the direction under review; or

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

    (4)     The adjudicator must give the detainee prompt written notice of the adjudicator's decision under this section.

    (5)     If the adjudicator refuses to review the director-general's direction, the notice must include the reasons for the refusal.

Note 1     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).

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

, s 179.