Australian Capital Territory Current Acts Australian Capital Territory Current Acts(1) Within 14 days after a decision is made under section 231 in relation to a prisoner, any of the following may apply to the Supreme Court for review of the decision:
(a) the prisoner;
(b) the Attorney-General;
(c) anyone else who asked for or consented to the transfer of the prisoner.
(2) On application under this section, the Supreme Court may review the decision.
(3) The following are entitled to appear, and to be represented, at the review:
(a) the prisoner;
(b) the Attorney-General;
(c) anyone else who asked for or consented to the transfer of the prisoner.
(4) A prisoner may only be represented at the review by a lawyer.
(5) For the review, the Supreme Court may, by written order, direct the person in charge of the prison where the prisoner is being held to bring the prisoner to the stated place of review at a stated time.
(6) The review is by way of rehearing on the evidence (if any) given before the Magistrates Court and on any additional evidence given before the Supreme Court.
(7) On the review of the decision, the Supreme Court may—
(a) confirm the decision; or
(b) set aside the decision and substitute a new decision.
(8) For the purpose of giving effect to a substituted decision under subsection (7) (b), the Supreme Court may issue an order for the transfer of the prisoner to a stated participating state or non-participating territory.