16Review of decision of Local Court

16 Review of decision of Local Court

16 Review of decision of Local Court

(1) Where the Attorney General, or the prisoner, or any other person who has requested or consented to the transfer of the prisoner, is dissatisfied with the decision of the Local Court under section 15, the Attorney General, the prisoner or that person, as the case may be, may, within 14 days of the decision, apply to the Supreme Court for a review of the decision and the Supreme Court may review the decision.

(2) The prisoner shall be entitled to be present or be represented by an Australian legal practitioner at the review and for that purpose any court or a person authorised by the rules of the Supreme Court may by order in writing direct the gaoler of the prison where the prisoner is then imprisoned to bring the prisoner to the place of the review specified in the order on a date and at a time so specified.

(3) The Attorney General and any other person who has requested or consented to the transfer of the prisoner shall be entitled to appear or be represented at the review.

(4) The review of the decision shall be by way of rehearing on the evidence, if any, given before the Local Court and on any evidence in addition to the evidence so given.

(5) Upon the review of a decision, the Supreme Court may confirm the decision or quash the decision and substitute a new decision in its stead.

(6) For the purpose of giving effect to any such substituted decision the Supreme Court may issue an order for the transfer of the prisoner to the appropriate participating State or Territory.

s 16: Am 1986 No 187, Sch 1 (9); 1988 No 92, Sch 26; 2008 No 62, Sch 3.4.