The Sentence Administration Board (the Board) is an independent tribunal-like body which is established under the Crimes (Sentence Administration) Act 2005 (the CSA Act). It is a small entity and is supported by staff, processes and polices of ACT Corrective Services and the ACT Justice and Community Safety Directorate (JACSD).
Under the CSA Act, Board proceedings are not public unless the Board decides otherwise in a case (section 196(3) of the CSA Act). As a result, there is no public access to Board hearings, records, or decisions, unless the Board otherwise authorises. The Board rarely authorises making any part of its proceedings public If the Board is contemplating doing so, the principles of natural justice apply so the views of persons impacted will be sought beforehand. A judicial member can make any information submitted to the Board ‘in-confidence’ which means that it is not shared with parties to a proceeding or the public, for example information provided by a victim may be made ‘in-confidence’ (section 192 of the CSA Act)
The Board is subject to the Information Privacy Act 2014 (IP Act). However, like the ACT Civil and Administrative Tribunal the Board is only required to comply with key requirements of the IP Act in regard to its administrative actions. In the case of the Board, administrative actions are largely undertaken by its Secretariat, ACT CS or JACS staff. The Board is not subject to key requirements under the IP Act when it is exercising its deliberative and supervisory powers under the CSA Act, for example when it is conducting an Inquiry.
Consistent with its responsibilities under the IP Act, the Board aims to have the following statement included by the Secretariat or ACT CS staff in key template documents provided to persons appearing before it: