Prisons Regulations · 2002 Revised Edition · Part 8A · Release of Prisoner Subject to Spp or Sepp
89C. Minister’s decision to be recorded and conveyed
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Where the Minister has made a decision on whether or not to exercise his or her power under section 50ZG(2) or (4) of the Act to make a release order in respect of a prisoner who is subject to an SEPP, the Minister is to record the reasons for his or her decision.
The Minister’s decision mentioned in paragraph (1) must be conveyed to the prisoner in respect of whom the decision is made by way of a written notice.
Where the Minister’s decision mentioned in paragraph (1) is that a release order is not to be made in respect of a prisoner, the written notice mentioned in paragraph (2) must be accompanied by the Minister’s reasons for the decision, subject to paragraph (4).
Where the Minister is of the opinion that disclosure of all or any of the reasons mentioned in paragraph (3) would be likely to affect security or good order in prison or the safety of any person (whether in or outside of a prison) or would otherwise not be in the public interest, the Minister may in his or her discretion decide not to disclose the reason or reasons to the prisoner.
Subregulation 1
Where the Minister has made a decision on whether or not to exercise his or her power under section 50ZG(2) or (4) of the Act to make a release order in respect of a prisoner who is subject to an SEPP, the Minister is to record the reasons for his or her decision.
Subregulation 2
The Minister’s decision mentioned in paragraph (1) must be conveyed to the prisoner in respect of whom the decision is made by way of a written notice.
Subregulation 3
Where the Minister’s decision mentioned in paragraph (1) is that a release order is not to be made in respect of a prisoner, the written notice mentioned in paragraph (2) must be accompanied by the Minister’s reasons for the decision, subject to paragraph (4).
Subregulation 4
Where the Minister is of the opinion that disclosure of all or any of the reasons mentioned in paragraph (3) would be likely to affect security or good order in prison or the safety of any person (whether in or outside of a prison) or would otherwise not be in the public interest, the Minister may in his or her discretion decide not to disclose the reason or reasons to the prisoner.