sec.208CParole board must consider decision of prescribed board member

### sec.208C Parole board must consider decision of prescribed board member If a prescribed board member makes a decision under section 208B in relation to a parole order, the parole board must, within 2 business days of the decision being made— confirm the decision; or for a decision not to suspend a parole order—set aside the decision and substitute its own decision to suspend or cancel the parole order; or for a decision to suspend the parole order— set aside the decision and substitute its own decision to cancel the parole order; or set aside the decision. Subsection (3) applies if— both of the following apply— the prescribed board member’s decision was to suspend the parole order; the parole board decides to confirm the decision; or the parole board sets aside the prescribed board member’s decision and substitutes its own decision to suspend or cancel the parole order. The parole board’s decision is taken to be a decision to suspend or cancel a parole order under section 205 (2) . Subsections (5) to (7) apply if— the prescribed board member’s decision was to suspend the parole order; and the parole board decides to set aside the decision under subsection (1) (c) (ii) . The suspension, and any warrant issued by the prescribed board member under section 208B (8) (b) in relation to the member’s decision, stop having effect. If a warrant mentioned in subsection (5) has been executed, the prisoner must be released. For this Act, the prisoner is taken not to have been unlawfully at large for the period— starting when the order was made by the prescribed board member under section 208B ; and ending when the parole board decided to set aside the prescribed board member’s decision. s 208C ins 2017 No. 15 s 11 amd 2018 No. 20 s 8 ; 2020 No. 23 s 32 sub 2025 No. 12 s 3 (sec.208C-ssec.1) If a prescribed board member makes a decision under section 208B in relation to a parole order, the parole board must, within 2 business days of the decision being made— confirm the decision; or for a decision not to suspend a parole order—set aside the decision and substitute its own decision to suspend or cancel the parole order; or for a decision to suspend the parole order— set aside the decision and substitute its own decision to cancel the parole order; or set aside the decision. (sec.208C-ssec.2) Subsection (3) applies if— both of the following apply— the prescribed board member’s decision was to suspend the parole order; the parole board decides to confirm the decision; or the parole board sets aside the prescribed board member’s decision and substitutes its own decision to suspend or cancel the parole order. (sec.208C-ssec.3) The parole board’s decision is taken to be a decision to suspend or cancel a parole order under section 205 (2) . (sec.208C-ssec.4) Subsections (5) to (7) apply if— the prescribed board member’s decision was to suspend the parole order; and the parole board decides to set aside the decision under subsection (1) (c) (ii) . (sec.208C-ssec.5) The suspension, and any warrant issued by the prescribed board member under section 208B (8) (b) in relation to the member’s decision, stop having effect. (sec.208C-ssec.6) If a warrant mentioned in subsection (5) has been executed, the prisoner must be released. (sec.208C-ssec.7) For this Act, the prisoner is taken not to have been unlawfully at large for the period— starting when the order was made by the prescribed board member under section 208B ; and ending when the parole board decided to set aside the prescribed board member’s decision. - (a) confirm the decision; or - (b) for a decision not to suspend a parole order—set aside the decision and substitute its own decision to suspend or cancel the parole order; or - (c) for a decision to suspend the parole order— (i) set aside the decision and substitute its own decision to cancel the parole order; or (ii) set aside the decision. - (i) set aside the decision and substitute its own decision to cancel the parole order; or - (ii) set aside the decision. - (i) set aside the decision and substitute its own decision to cancel the parole order; or - (ii) set aside the decision. - (a) both of the following apply— (i) the prescribed board member’s decision was to suspend the parole order; (ii) the parole board decides to confirm the decision; or - (i) the prescribed board member’s decision was to suspend the parole order; - (ii) the parole board decides to confirm the decision; or - (b) the parole board sets aside the prescribed board member’s decision and substitutes its own decision to suspend or cancel the parole order. - (i) the prescribed board member’s decision was to suspend the parole order; - (ii) the parole board decides to confirm the decision; or - (a) the prescribed board member’s decision was to suspend the parole order; and - (b) the parole board decides to set aside the decision under subsection (1) (c) (ii) . - (a) starting when the order was made by the prescribed board member under section 208B ; and - (b) ending when the parole board decided to set aside the prescribed board member’s decision.