Australian Capital Territory Current Acts Australian Capital Territory Current Acts(1) The board must, without holding an inquiry, reject a special parole application that does not include the written submission mentioned in section 121 (4).
(2) The board may, without holding an inquiry, reject an application for parole by an offender if—
(a) satisfied the application is frivolous, vexatious or misconceived; or
(b) the board refused to make a parole order for the offender within the 12-month period before the application was made.
Example of when board might be satisfied application is frivolous, vexatious or misconceived
The board previously rejected an application because the offender's proposed accommodation after release was unsuitable. The offender's later application proposes the same unsuitable accommodation without including new information or new reasons.
Examples of when board might not reject application within 12-month period
1 an exceptional circumstances application was refused less than 12 months before the offender's parole eligibility date
2 the offender's later application includes new information or new reasons for the application
(3) The board must give written notice of the rejection of an application under this section to—
(a) the offender; and
(b) the director-general.
(4) The notice must include a statement of the board's reasons for the rejection.
Note For what must be included in a statement of reasons, see the Legislation Act
, s 179.
(5) To remove any doubt, section 120 (Criteria for making parole orders) and section 123 do not apply to the rejection of an application for parole under this section.