100BReview by Supreme Court

100B Review by Supreme Court

100B Review by Supreme Court

(1) An offender who has not been released by a Commissioner under section 100A or whose release under that section is subject to one or more conditions may apply to the Supreme Court for a review of the decision not to release or failure to release the offender or of the terms of one or more of those conditions.

(2) The Supreme Court may affirm or set aside a decision by a Commissioner not to release the offender or any condition imposed by a Commissioner on the release of the offender. The Supreme Court may also or instead make any order that a Commissioner may make in relation to the detention or release of the offender. The Court may do so also where a Commissioner has not made any decision within a reasonable time on the release of the offender.

(3) Such an order is taken to be an order of a Commissioner.

s 100B: Ins 1997 No 60, Sch 4 [11]. Am 2016 No 65, Sch 1 [3].