6.
must have regard to the three matters about which relevant information may be included in the restricted prisoner report as set out above.[1] If a restricted prisoner declaration
15 is made it must relevantly state:[2]
- (a) the reasons for the decision; and
- (b) the day the declaration takes effect; and
- (c) the day the declaration ends (which must not be later than 10 years after the day the declaration takes effect); and
- (d) that the restricted prisoner may not apply for parole under s 180 while the declaration is in force.
16 Pursuant to s 193AA, if a restricted prisoner makes an application for parole the board must defer considering the application, and, if the president then makes a restricted prisoner declaration about the prisoner, "the application is taken to have been refused by the parole board on the day the declaration is made".
17 Former s 193A of the CS Act, introduced by the Corrective Services (No Body, No Parole) Amendment Act 2017 (Qld), conferred on the parole board a requirement to refuse parole in circumstances similar to those which now found the making of a no cooperation declaration pursuant to s 175L. It was replaced with the present s 193A by the Police Powers and Responsibilities and Other Legislation Amendment Act 2021 (Qld) ("the PPRA Act"). That Act also introduced Pt 1AB of Ch 5 of the CS Act. It is unnecessary to set out former s 193A as, for the reasons given below, its application does not arise for consideration.
