M.02.07 Prisoner's request for reconsideration
Section 48(2) and (3) of the Corrections Act 2004 and regulation 50 of the Corrections Regulations 2005.
- A prisoner who is dissatisfied with the security classification they have been assigned may apply to the Chief Executive for reconsideration of their security classification at any time, unless they have already had that security classification reconsidered under section 48 of the Corrections Act 2004 in the previous six months.
- When a prisoner makes an application for reconsideration, the request must be registered on the standard IOMS Prisoner Complaint form. Unit staff receiving the form will register the request immediately on IOMS by completing section A and provide the prisoner with the receipt section of the form. If a prisoner makes an application to the Chief Executive directly (e.g. sends the reconsideration request to the Chief Executive without notifying the prison director), the application is to be referred back to the prison director promptly in order it is registered via the PC01 process.
- Within the next working day, the Unit PCO will complete section B by referring the request to the *regional senior advisor and must advise the prison director that a reconsideration request has been sent.
- The regional senior advisor must complete the reconsideration within 10 working days in Section C and note the outcome of the reconsideration (Senior advisor confirms security classification or that another security classification has to be assigned).
- The regional senior advisor will then complete section C, close the Prisoner Complaint and advise the prison director of the outcome.
- The prison director will notify the prisoner of the reconsideration outcome in writing and will either:
- conduct another IOMS classification review if the regional senior advisor has directed it but must note that the requirement to conduct the next time bound review must be within 6 months of the original review which the prisoner requested reconsideration, or;
- maintain the current classification assignment if the regional senior advisor directs there is no change.
* Any application by a prison for reconsideration of a Maximum Security classification must follow the reconsideration process and timeframes, however, it must be promptly submitted to the Senior Advisor, Office of the National Commissioner for review and resolution.