sec.490ZJValidation of certain decisions of parole board

### sec.490ZJ Validation of certain decisions of parole board This section applies to a conditional parole decision made by the parole board on or after 26 May 2017 and before the commencement. A decision made before the commencement by the parole board, or 1 or more members of the parole board, that the conditions referred to in a conditional parole decision have or have not been fulfilled is taken to be a parole decision of the parole board. A decision made after the commencement by the parole board (properly constituted for a parole decision) that the conditions referred to in a conditional parole decision have or have not been fulfilled is also taken to be a parole decision of the parole board. If a decision under subsection (2) or (3) is that the conditions have been fulfilled, the parole decision is a decision to release the prisoner on parole. If the decision under subsection (2) or (3) is that the conditions have not been fulfilled, the parole decision is a decision not to release the prisoner on parole. The parole decision is, and is taken to have always been, as valid as it would have been if the decision had been made by the parole board as a parole decision without a conditional parole decision having been made. To avoid any doubt, it is declared that, if subsection (6) applies, anything done or purported to have been done by an entity relying on the decision or the conditional parole decision is, and is taken to have always been, as valid as it would have been if the entity had relied on a valid decision of the parole board. This section applies despite— any lack of power for the making of— the conditional parole decision; or the decision mentioned in subsection (2) or (3); and any defect in the constitution of the parole board, lack of quorum, or other procedural defect, for the making of the decision mentioned in subsection (2). In this section— conditional parole decision means a decision, however expressed, that is— a parole decision that will have effect if a condition is fulfilled; or a decision to make a parole decision if a condition is fulfilled. parole decision means a decision to release or not to release a prisoner on parole by— making or refusing to make a parole order; or changing or not changing a decision suspending a prisoner’s parole order. s 490ZJ ins 2024 No. 25 s 34 (sec.490ZJ-ssec.1) This section applies to a conditional parole decision made by the parole board on or after 26 May 2017 and before the commencement. (sec.490ZJ-ssec.2) A decision made before the commencement by the parole board, or 1 or more members of the parole board, that the conditions referred to in a conditional parole decision have or have not been fulfilled is taken to be a parole decision of the parole board. (sec.490ZJ-ssec.3) A decision made after the commencement by the parole board (properly constituted for a parole decision) that the conditions referred to in a conditional parole decision have or have not been fulfilled is also taken to be a parole decision of the parole board. (sec.490ZJ-ssec.4) If a decision under subsection (2) or (3) is that the conditions have been fulfilled, the parole decision is a decision to release the prisoner on parole. (sec.490ZJ-ssec.5) If the decision under subsection (2) or (3) is that the conditions have not been fulfilled, the parole decision is a decision not to release the prisoner on parole. (sec.490ZJ-ssec.6) The parole decision is, and is taken to have always been, as valid as it would have been if the decision had been made by the parole board as a parole decision without a conditional parole decision having been made. (sec.490ZJ-ssec.7) To avoid any doubt, it is declared that, if subsection (6) applies, anything done or purported to have been done by an entity relying on the decision or the conditional parole decision is, and is taken to have always been, as valid as it would have been if the entity had relied on a valid decision of the parole board. (sec.490ZJ-ssec.8) This section applies despite— any lack of power for the making of— the conditional parole decision; or the decision mentioned in subsection (2) or (3); and any defect in the constitution of the parole board, lack of quorum, or other procedural defect, for the making of the decision mentioned in subsection (2). (sec.490ZJ-ssec.9) In this section— conditional parole decision means a decision, however expressed, that is— a parole decision that will have effect if a condition is fulfilled; or a decision to make a parole decision if a condition is fulfilled. parole decision means a decision to release or not to release a prisoner on parole by— making or refusing to make a parole order; or changing or not changing a decision suspending a prisoner’s parole order. - (a) any lack of power for the making of— (i) the conditional parole decision; or (ii) the decision mentioned in subsection (2) or (3); and - (i) the conditional parole decision; or - (ii) the decision mentioned in subsection (2) or (3); and - (b) any defect in the constitution of the parole board, lack of quorum, or other procedural defect, for the making of the decision mentioned in subsection (2). - (i) the conditional parole decision; or - (ii) the decision mentioned in subsection (2) or (3); and - (a) a parole decision that will have effect if a condition is fulfilled; or - (b) a decision to make a parole decision if a condition is fulfilled. - (a) making or refusing to make a parole order; or - (b) changing or not changing a decision suspending a prisoner’s parole order.