CRIMES (ADMINISTRATION OF SENTENCES) ACT 1999 - SECT 19
Review of segregated or protective custody direction by Review Council
CRIMES (ADMINISTRATION OF SENTENCES) ACT 1999 - SECT 19
Review of segregated or protective custody direction by Review Council
19 Review of segregated or protective custody direction by Review Council
(1) An inmate whose total continuous period of segregated or protective
custody exceeds 14 days may apply to the Review Council for a review of the
segregated or protective custody direction under which the inmate is held in
segregated or protective custody.
(2) The application is to be in writing and
is to include the inmate's reasons for making the application.
(3) The Review
Council must review the direction unless subsection (4) applies.
(4) The
Review Council may refuse to review the direction if--
(a) the application
does not, in the opinion of the Review Council, disclose substantial grounds
for a review, or
(b) the Review Council has previously determined a review of
the same direction under this Division and the application does not, in the
opinion of the Review Council, disclose substantially different grounds for
review.
(5) The Review Council may not refuse to review a direction under
subsection (4) if a period of more than 3 months has elapsed since the Review
Council determined a review of the segregated or protective custody direction.
(6) This section applies regardless of whether the relevant segregated or
protective custody direction was given by the Commissioner or by the governor
of a correctional centre.
