The Commissioner's Decision

Where the Commissioner dealing with the prisoner's case does not direct his/her release, the decision will be the final decision of the Commissioners and the prisoner will not be entitled to have their case considered further unless:

a) within two weeks of receipt of the decision, the prisoner or their representative serves notice on the Commissioners’ office and the ORU stating that he/she wishes to have their case considered by a panel of three Commissioners; and

b) the prisoner or his/her representative demonstrate to the Commissioner who has been dealing with his/her case that:

  1. there is a dispute of fact crucial to the determination of his/her case that can only be decided after an oral hearing; or
  2. the assessment of risk requires that oral evidence from him/her and/or witness(es) is made; or
  3. fairness dictates that his/her case be considered by a panel.

Whichever decision is made, the Commissioner must give his/her reasons in writing.