Requesting a Review of a Board Decision
Once a prisoner has been reviewed by the Board and has subsequently been denied release to parole or has had their parole adjourned, suspended or cancelled, the prisoner can request a review of the Board’s decision at any time thereafter. There is no time frame in which a review request must be submitted.
Who can make a review request?
A review request must be authored by the specific prisoner. A parent, friend or family member cannot make this request on behalf of a prisoner. An authorised guardian can however make a request on a prisoner’s behalf. An authorised guardian (e.g. a Court appointed Guardian; a lawyer) must ensure to submit an Authority to Act form signed by the prisoner along with the review request. Also, the Chairperson of the Board will also determine the merit of the Authority to Act form and whether it is appropriate to act upon the request.
Please note, if the prisoner has literacy limitations, a review request can be authored by a fellow prisoner, prison officer or otherwise, so long as this is noted within the review request and it is signed by the prisoner.
Requesting a review of the Board’s decision
A prisoner may apply for a review of the Board’s decision under section 115A of the Sentence Administration Act 2003 (WA) (the Act). The only grounds on which a prisoner may make a review request are that the Board in making its decision:
- did not comply with the Act or the regulations;
- made an error of law; or
- used incorrect or irrelevant information or was not provided with relevant information.
A request for review must clearly identify which of these grounds are relevant to the prisoner's request. If a prisoner decides to request a review, they should make sure that they provide all evidencing information that is relevant to their request. The provided information should support one or more of the grounds (above) on which the prisoner relies.
Once a review request is made, the Chairperson of the Board must consider the request, review the Board’s decision and pursuant to the Sentence Administration Act 2003 (WA), may:
- confirm, amend or cancel the Board’s decision; or
- make another decision; or
- refer the decision back to the Board for further consideration.
Please note, the decision provided by the Chairperson in response to the review request is not a reviewable decision (pursuant to section 115A(4) of the Sentence Administration Act 2003 (WA)).
Last updated: 8 April 2025