198Matters to be considered in relation to certain advisory functions

#### 198 Matters to be considered in relation to certain advisory functions 198 Matters to be considered in relation to certain advisory functions > > (1) When exercising its functions under section 197 (2) (a) in relation to a serious offender, the Review Council must consider the public interest and any other relevant matters. > > > (2) In the case of its function under section 197 (2) (a) (i), the Review Council must also consider, in accordance with the regulations— > > > > > (a) any submissions made by the State, and > > > > > (b) any submissions made by victims of the serious offender, > > > > before advising or recommending that a serious offender should be given a less stringent security classification if it appears to the Review Council that the new classification would allow the offender to become eligible for unescorted leave of absence under a local leave permit or interstate leave permit. > > > (2A) When exercising its functions under section 197 (2) (b) in relation to a serious offender, the Review Council must consider the following matters— > > > > > (a) the public interest, > > > > > (b) the offender’s classification history, > > > > > (c) the offender’s conduct while in custody, both in relation to sentences currently being served and in relation to earlier sentences, > > > > > (d) the offender’s willingness to participate in rehabilitation programs, and the success or otherwise of his or her participation in such programs, > > > > > (e) any relevant reports (including any medical, psychiatric or psychological reports) that are available to the Review Council in relation to the offender, > > > > > (f) any other matter that the Review Council considers to be relevant. > > > (3) Without limiting the generality of the meaning of public interest in subsections (1) and (2A), the Review Council is to take into account the following matters when considering the public interest— > > > > > (a) the protection of the public, which is to be paramount, > > > > > (b) the nature and circumstances of the offence, > > > > > (c) the reasons and recommendations of the sentencing court, > > > > > (d) the criminal history and family background of the offender, > > > > > (e) the time the offender has served in custody and the time the offender has yet to serve in custody, > > > > > (f) the offender’s conduct while in custody, including the offender’s conduct during previous imprisonment, if applicable, > > > > > (g) the attitude of the offender, > > > > > (h) the position of and consequences to any victim of the offender, including the victim’s family, > > > > > (i) the need to maintain public confidence in the administration of criminal justice, > > > > > (j) the need to reassure the community that serious offenders are in secure custody as long as it is appropriate, > > > > > (k) the rehabilitation of the offender and the re-entry of the offender into the community as a law-abiding citizen, > > > > > (l) the availability to the offender of family, departmental and other support, > > > > > (m) such other factors as are prescribed by the regulations. > > **s 198:** Am 2002 No 112, Sch 2.3; 2004 No 94, Sch 1 \[59\] \[60\].