Australian Capital Territory Current Acts

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CRIMES (SENTENCE ADMINISTRATION) ACT 2005 - SECT 195

Board inquiries and hearings

    (1)     This chapter is subject to part 7.2 (Making of parole orders).

    (2)     The board must conduct an inquiry for the exercise of a supervisory function of the board.

    (3)     The board may conduct an inquiry for the exercise of any other function of the board.

    (4)     The board may, but is not required to, hold a hearing for an inquiry.

    (5)     For an inquiry in relation to a supervisory function, the board must ensure, as far as practicable, that—

        (a)     it completes the inquiry without holding a hearing; and

        (b)     it holds a hearing only if it believes, on reasonable grounds, that natural justice would not be satisfied if the inquiry were completed without a hearing.

    (6)     A regulation may provide for circumstances when a hearing may, must or must not be held for an inquiry.

    (7)     Subsections (4) and (5) are subject to any regulation made under subsection (6).

    (8)     The board may conduct an inquiry for the exercise of a supervisory function in relation to an offender in conjunction with any other inquiry for the exercise of another supervisory function in relation to the offender.

    (9)     A hearing by the board must be in accordance with part 9.2.



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