Australian Capital Territory Numbered Acts Australian Capital Territory Numbered Acts(1) The board may, by an inquiry, review any of the following decisions of the chief executive (each of which is a reviewable decision ):
(a) not to give an approval under section 55 (Periodic detention—approval not to perform etc);
(b) to give a direction under section 58 (Failing to perform periodic detention—extension of periodic detention period);
(c) to give a direction under section 60 (Offender not fit for periodic detention—extension of periodic detention period).
(2) The board may review the decision only on application by the offender under section 72.
(3) Before starting an inquiry under this section, the board must give the chief executive—
(a) written notice of the inquiry, including an invitation for the chief executive to make a submission to the board for the inquiry by a stated date; and
(b) a copy of the offender's application.
(4) To remove any doubt, the board may conduct the inquiry in conjunction with any other inquiry under this Act in relation to the offender.
(5) After reviewing the chief executive's decision, the board may do any of the following:
(a) confirm the chief executive's decision;
(b) amend the chief executive's decision;
(c) set the chief executive's decision aside and make any decision the chief executive could have made in relation to the offender.
(6) The board must give written notice of its decision, including its reasons for the decision, to the offender and the chief executive.
Note For the content of a statement of reasons, see the Legislation Act, s 179.
(7) To remove any doubt, if the inquiry under this section in relation to an offender is conducted in conjunction with another inquiry under this Act in relation to the offender, the board may exercise its powers under this section with any other powers of the board in relation to the other inquiry.