Introductory note. This Part applies to the granting of parole to those offenders who are subject to sentences of imprisonment. It deals with the following matters:(a) eligibility for release on parole, the conditions to which parole is subject, the general obligations of offenders who are on release on parole and other provisions applying generally to parole (Division 1),(b) procedures for parole orders for sentences of more than 3 years (Division 2),(c) procedures for parole orders for sentences of 3 years or less (Division 3),(d) procedures for parole orders in exceptional circumstances (Division 4),(e) other miscellaneous matters (Division 5).
This Part applies to:(a) an offender who is serving a sentence by way of full-time detention, and(b) (Repealed)(c) an offender who is serving a sentence by way of home detention.
126 Eligibility for release on parole
(1) Offenders may be released on parole in accordance with this Part.(2) An offender is eligible for release on parole only if:(a) the offender is subject to at least one sentence for which a non-parole period has been set, and(b) the offender has served the non-parole period of each such sentence and is not subject to any other sentence.(3) Nothing in this Part authorises the release of an offender who is required to be kept in custody in relation to an offence against a law of the Commonwealth.(4) An offender is not eligible for release on parole if the offender is the subject of a continuing detention order or an interim detention order under the Crimes (Serious Sex Offenders) Act 2006.
127 Parole order necessary for release
An offender who is eligible for release on parole may not be released on parole except in accordance with a parole order directing the release of the offender.
128 Conditions of parole generally
(1) A parole order is subject to the following conditions:(a) the standard conditions imposed by this Act or the regulations,(b) any additional conditions imposed by the sentencing court (including any conditions that are, under section 51 (1AA) of the Crimes (Sentencing Procedure) Act 1999, taken to be included in the order),(c) any additional conditions imposed by the Parole Authority under this section.(2) The Parole Authority may from time to time, by written notice given to the offender:(a) impose additional conditions on a parole order, or(b) vary or revoke any additional conditions imposed by it or by the sentencing court on a parole order.(2A) The conditions of a parole order must include conditions giving effect to a post-release plan, prepared by the Probation and Parole Service and adopted by the Parole Authority, in relation to the offender.(3) Without limiting subsection (2A), but subject to section 128B, the conditions of a parole order may include conditions requiring that the offender to whom the order relates be subject to supervision prescribed by the regulations, during the period specified by or under the order or the regulations.(4) This section does not permit the Parole Authority:(a) to revoke any standard conditions imposed by this Act or the regulations, or(b) to impose any additional conditions, or vary any additional conditions imposed by it or by the sentencing court, so as to be inconsistent with any standard conditions imposed by this Act or the regulations.
128A Conditions of parole as to non-association and place restriction
(1) The conditions to which a parole order is subject may include either or both of the following:(a) provisions prohibiting or restricting the offender from associating with a specified person,(b) provisions prohibiting or restricting the offender from frequenting or visiting a specified place or district.(2) A condition referred to in subsection (1) (a) or (b) is suspended:(a) while the offender is in lawful custody (otherwise than while unescorted as referred to in section 38 (2) (a)), and(b) while the offender is under the immediate supervision of a public servant employed within the Department of Juvenile Justice pursuant to a condition of leave imposed under section 24 of the Children (Detention Centres) Act 1987.(3) An offender does not contravene a prohibition or restriction as to his or her association with a specified person:(a) if the offender does so in compliance with an order of a court, or(b) if, having associated with the person unintentionally, the offender immediately terminates the association.(4) An offender does not contravene a requirement not to frequent or visit a specified place or district if the offender does so in compliance with an order of a court.(5) In this section, associate with means:(a) to be in company with, or(b) to communicate with by any means (including post, facsimile, telephone and email).
128B Conditions of parole as to lifetime supervision
(1) This section applies to an offender serving an existing life sentence within the meaning of Schedule 1 to the Crimes (Sentencing Procedure) Act 1999, being an offender in respect of whom a parole order is made as a consequence of the Supreme Court having set a non-parole period for the sentence (but not a specified term) under clause 4 of that Schedule.(2) It is a condition of a parole order for an offender to whom this section applies that, for the whole of the period for which the parole order is in force:(a) the offender is to be subject to supervision, as prescribed by the regulations, and(b) in relation to that supervision, the offender must comply with such obligations as the Commissioner may from time to time impose on the offender.Note. Unless the parole order is sooner revoked, the effect of this provision is supervision for life.(3) This section does not permit the Commissioner to impose any obligations that are inconsistent with any standard conditions imposed by this Act or the regulations or any additional conditions imposed by the sentencing court or the Parole Authority.
The obligations of an offender while on release on parole are:(a) to comply with such requirements of this Part and the regulations as apply to the offender, and(b) to comply with the requirements of any conditions to which the offender’s parole order is subject.(c) (Repealed)
130 Revocation of parole order before release
(1) The Parole Authority may, by order in writing and in such circumstances as may be prescribed by the regulations, revoke a parole order at any time before the offender to whom the order relates is released under the order.(2) Division 4 of Part 7 applies to the revocation of a parole order under this section in the same way as it applies to the revocation of a parole order under Division 3 of that Part.
131 Release under parole order
(1) An offender’s parole order is sufficient warrant for any person having custody of the offender to release the offender in accordance with the terms of the order.(2) An offender who is released on parole under this Part is to be released from custody on the day specified in the relevant parole order in that regard (the parole date).(3) An inmate may be released from custody:(a) at any time on the parole date, or(b) if the parole date is a Saturday, Sunday or public holiday and the offender so requests, at any time during the next day that is not a Saturday, Sunday or public holiday.
132 Sentence continues to run while offender on parole
An offender who, while serving a sentence, is released on parole in accordance with the terms of a parole order is taken to continue serving the sentence during the period:(a) that begins when the offender is released, and(b) that ends when the sentence expires or (if the parole order is sooner revoked) when the parole order is revoked.
133 Parole order not invalidated by failure to comply with procedural requirements
A parole order is not invalid merely because of a failure by the Parole Authority or a court to comply with any procedural requirement imposed by or under this Act.
Division 2 Parole orders for sentences of more than 3 years
This Division applies to the making of a parole order for a sentence of more than 3 years for which a non-parole period has been set.
135 General duty of Parole Authority
(1) The Parole Authority must not make a parole order for an offender unless it is satisfied, on the balance of probabilities, that the release of the offender is appropriate in the public interest.(2) In deciding whether or not the release of an offender is appropriate in the public interest, the Parole Authority must have regard to the following matters:(a) the need to protect the safety of the community,(b) the need to maintain public confidence in the administration of justice,(c) the nature and circumstances of the offence to which the offender’s sentence relates,(d) any relevant comments made by the sentencing court,(e) the offender’s criminal history,(f) the likelihood of the offender being able to adapt to normal lawful community life,(g) the likely effect on any victim of the offender, and on any such victim’s family, of the offender being released on parole,(h) any report in relation to the granting of parole to the offender that has been prepared by or on behalf of the Probation and Parole Service, as referred to in section 135A,(i) any other report in relation to the granting of parole to the offender that has been prepared by or on behalf of the Review Council, the Commissioner or any other authority of the State,(ia) if the Drug Court has notified the Parole Authority that it has declined to make a compulsory drug treatment order in relation to an offender’s sentence on the ground referred to in section 18D (1) (b) (vi) of the Drug Court Act 1998, the circumstances of that decision to decline to make the order,(j) such guidelines as are in force under section 185A,(k) such other matters as the Parole Authority considers relevant.(3) Except in exceptional circumstances, the Parole Authority must not make a parole order for a serious offender unless the Review Council advises that it is appropriate for the offender to be considered for release on parole.
135A Preparation of reports by Probation and Parole Service
A report prepared by or on behalf of the Probation and Parole Service for the purposes of section 135 must address the following matters:(a) the likelihood of the offender being able to adapt to normal lawful community life,(b) the risk of the offender re-offending while on release on parole, and the measures to be taken to reduce that risk,(c) the measures to be taken to assist the offender while on release on parole, as set out in a post-release plan prepared by the Probation and Parole Service in relation to the offender,(d) the offender’s attitude to the offence to which his or her sentence relates,(e) the offender’s willingness to participate in rehabilitation programs, and the success or otherwise of his or her participation in such programs,(f) the offender’s attitude to any victim of the offence to which his or her sentence relates, and to the family of any such victim,(g) any offences committed by the offender while in custody, including in particular any correctional centre offences and any offence involving an escape or attempted escape,(h) the likelihood of the offender complying with any conditions to which his or her parole may be made subject,(i) in the case of an offender in respect of whom the Drug Court has declined to make a compulsory drug treatment order on the ground referred to in section 18D (1) (b) (vi) of the Drug Court Act 1998, the contents of any notice under section 18D (2) (b) of that Act.
Subdivision 2 Offenders other than serious offenders
136 Application of Subdivision
This Subdivision applies to offenders who are not serious offenders.
137 Consideration of parole when offender first eligible for parole
(1) The Parole Authority must consider whether or not an offender should be released on parole at least 60 days before the offender’s parole eligibility date.(2) Despite subsection (1), the Parole Authority may defer consideration of an offender’s case until not less than 21 days before the offender’s parole eligibility date if it is of the opinion:(a) that it is unable to complete its consideration because it has not been furnished with a report required to be made to it, or(b) that there are other relevant matters requiring further consideration.
137A Consideration of parole in subsequent years
(1) At any time within 90 days before an offender’s annual review date, the offender, if still eligible for release on parole, may apply to be released on parole.(1A) For the purposes of this section, an offender’s annual review date occurs on each anniversary of the offender’s parole eligibility date.(2) After receiving such an application, but not more than 60 days before the offender’s annual review date, the Parole Authority must consider whether or not the offender should be released on parole.(3) Despite subsection (2):(a) if the offender is unlawfully at large following revocation of parole, the Parole Authority is not required to consider the offender’s case until the offender is returned to custody, and(b) if the offender is unlawfully at large for the whole of one or more years following the revocation, the Parole Authority may decline to consider the offender’s case at all in relation to that year or those years, and(c) in any case, the Parole Authority may decline to consider an offender’s case for up to 3 years at a time after it last considered the grant of parole to the offender.
137B Consideration of parole so as to avoid manifest injustice
The Parole Authority may consider an offender’s case at any time after the offender’s parole eligibility date, and without the need for an application, in such circumstances as may be prescribed by the regulations as constituting manifest injustice.
137C Parole Authority may examine offender
(1) For the purpose of its consideration of an offender’s case, the Parole Authority may (but need not) examine the offender.(2) An offender is not entitled to make submissions to the Parole Authority at any meeting held by it for the purposes of this section, and consequently section 190 (1) does not apply to any such meeting.
138 Release of offender on parole
(1) As soon as practicable after deciding to release an offender on parole, the Parole Authority must make an order directing that the offender be released on parole on a day occurring during a period specified in accordance with subsection (1AA).(1AA) The period to be specified in a parole order under this section is to be:(a) if the order is made earlier than the offender’s parole eligibility date, a period beginning no earlier than the offender’s parole eligibility date and ending no later than 35 days after that date, and(a1) if the order is made following an application by the offender referred to in section 137A, and is made before the offender’s annual review date (within the meaning of that section), a period beginning no earlier than the offender’s annual review date and ending no later than 35 days after that date, and(b) in any other case, a period beginning no earlier than the date on which the order is made and ending no later than 35 days after that date.(1A) In determining a day on which to release a violent offender under subsection (1), the Parole Authority must take into account the potential trauma to a victim and the victim’s family if the offender is released on the anniversary of the commission of the offence against the victim.(1B) For the purposes of this section, a violent offender means an offender who is serving a sentence for an offence involving violence against a person, including any type of sexual assault referred to in clause 6 of Schedule 1 to the Victims Support and Rehabilitation Act 1996.(2) Nothing in subsection (1) affects the power of the Parole Authority to amend or repeal an order as referred to in section 43 (2) of the Interpretation Act 1987.
139 Notice to offender of decision to refuse parole
(1) As soon as practicable after deciding not to make a parole order for an offender, the Parole Authority:(a) must give notice of its decision to the offender, and(b) must determine whether, in relation to any reconsideration of the matter:(i) there will be a hearing, whether or not the offender requests a hearing, or(ii) there will be a hearing only if the offender requests a hearing and the Parole Authority is satisfied that a hearing is warranted.(2) The notice must inform the offender of the following matters:(a) that the Parole Authority’s decision is not to make a parole order in relation to the offender,(b) that the offender may apply to the Parole Authority for the matter to be reconsidered,(c) that, if the offender makes such an application:(i) there will be a hearing, whether or not the offender requests a hearing, or(ii) there will be a hearing only if the offender requests a hearing and the Parole Authority is satisfied that a hearing is warranted,(d) that the Parole Authority will take into account any submissions by the offender when making its final decision on the matter.(3) The notice:(a) must indicate the address to which such an application should be sent, and the date by which such an application must be made, and(b) subject to section 194, must be accompanied by copies of the reports and other documents intended to be used by the Parole Authority in making its final decision.(4) An application by an offender under this section:(a) may be accompanied by written submissions in support of the application, and(b) if the notice to the offender states that there will be a hearing only if the application requests a hearing, may request a hearing.(5) If there is to be a hearing, the Parole Authority:(a) must set a date (occurring as soon as practicable) on which the hearing will be conducted, and(b) must give notice to the offender of the date, time and place for the hearing.
(1) At any hearing conducted by the Parole Authority pursuant to an application under section 139, the offender may make submissions to the Parole Authority as to whether or not the offender should be released on parole.(2) Submissions may be made orally or in writing and, if in writing, may be given to the Parole Authority either in advance of or at the hearing.(3) The Parole Authority may postpone or adjourn a hearing for any reason that seems appropriate to it.
(1) After reviewing all the reports, documents, submissions and other information placed before it, the Parole Authority must decide:(a) whether or not the offender should be released on parole, or(b) whether, for reasons specified by the Parole Authority in its minutes, the question of whether or not the offender should be released on parole should be deferred.(2) The question of whether or not the offender should be released on parole:(a) may be deferred once only, and(b) may not be deferred for more than 2 months.(3) If the Parole Authority decides that the offender should be released on parole, the Parole Authority must make an order directing the release of the offender on a day occurring during a period specified in accordance with subsection (3AA).(3AA) The period to be specified in a parole order under this section is to be:(a) if the order is made earlier than the offender’s parole eligibility date, a period beginning no earlier than the offender’s parole eligibility date and ending no later than 35 days after that date, and(b) in any other case, a period beginning no earlier than the date on which the order is made and ending no later than 35 days after that date.(3A) In determining when a violent offender should be released, the Parole Authority must take into account the potential trauma to a victim and the victim’s family if the offender is released on the anniversary of the commission of the offence against the victim.(3B) For the purposes of this section, a violent offender means an offender who is serving a sentence for an offence involving violence against a person, including any type of sexual assault referred to in clause 6 of Schedule 1 to the Victims Support and Rehabilitation Act 1996.(4) If the Parole Authority decides that the offender should not be released on parole, the Parole Authority:(a) (Repealed)(b) must cause notice that it does not intend to make a parole order to be served on the offender.
141A Submissions by Commissioner
(1) The Commissioner may at any time make submissions to the Parole Authority concerning the release on parole of an offender.(2) If the Commissioner makes any such submission before the Parole Authority makes a final decision concerning the release of the offender, the Parole Authority must not make such a decision without taking the submission into account.(3) If the Commissioner makes any such submission after the Parole Authority makes a final decision concerning the release of the offender, but before the offender is released, the Parole Authority must consider whether or not it should exercise its power under section 130 to revoke the relevant parole order.(4) The regulations may make provision for or with respect to submissions by the Commissioner under this section, including provisions relating to the application of this Subdivision in connection with any such submission.
Subdivision 3 Serious offenders
142 Application of Subdivision
This Subdivision applies to serious offenders.
143 Consideration of parole when serious offender first eligible for parole
(1) The Parole Authority must consider whether or not a serious offender should be released on parole at least 60 days before the offender’s parole eligibility date.(2) Despite subsection (1), the Parole Authority may defer consideration of an offender’s case until not less than 21 days before the offender’s parole eligibility date if it is of the opinion:(a) that it is unable to complete its consideration because it has not been furnished with a report required to be made to it, or(b) that there are other relevant matters requiring further consideration.
143A Consideration of parole in subsequent years
(1) At any time within 90 days before an offender’s annual review date, the offender, if still eligible for release on parole, may apply to be released on parole.(1A) For the purposes of this section, an offender’s annual review date occurs on each anniversary of the offender’s parole eligibility date.(2) After receiving such an application, but not more than 60 days before the offender’s annual review date, the Parole Authority must consider whether or not the offender should be released on parole.(3) Despite subsection (2):(a) if the offender is unlawfully at large following revocation of parole, the Parole Authority is not required to consider the offender’s case until the offender is returned to custody, and(b) if the offender is unlawfully at large for the whole of one or more years following the revocation, the Parole Authority may decline to consider the offender’s case at all in relation to that year or those years, and(c) in any case, the Parole Authority may decline to consider an offender’s case for up to 3 years at a time after it last considered the grant of parole to the offender.
143B Consideration of parole so as to avoid manifest injustice
The Parole Authority may consider a serious offender’s case at any time after the offender’s parole eligibility date, and without the need for an application, in such circumstances as may be prescribed by the regulations as constituting manifest injustice.
143C Parole Authority may examine serious offender
(1) For the purpose of its consideration of a serious offender’s case, the Parole Authority may (but need not) examine the offender.(2) A serious offender is not entitled to make submissions to the Parole Authority at any meeting held by it for the purposes of this section, and consequently section 190 (1) does not apply to any such meeting.
144 Formulation of Parole Authority’s initial intention
On or immediately after giving its preliminary consideration as to whether or not a serious offender should be released on parole, the Parole Authority must formulate and record its initial intention either:(a) to make a parole order in relation to the offender, or(b) not to make such a parole order.
145 Notice to victims of intention to grant parole
(1) As soon as practicable after forming an initial intention to make a parole order for a serious offender, but subject to and in accordance with the regulations, the Parole Authority must give notice of its intention to those victims of the offender (if any) whose names are recorded in the Victims Register.(2) The notice must inform each victim concerned of the following matters:(a) that the Parole Authority’s initial intention is to make a parole order in relation to the offender,(b) that the victim may apply to the Parole Authority for the matter to be reconsidered,(c) that, if the victim makes such an application, there will be a hearing only if the application requests a hearing,(d) that the Parole Authority will take into account any submissions by the victim when making its final decision on the matter.(3) The notice must indicate the address to which such an application should be sent and the date by which such an application must be made.(4) An application by a victim under this section:(a) may be accompanied by written submissions in support of the application, and(b) may request a hearing.(5) If the application requests a hearing, the Parole Authority:(a) must set a date (occurring as soon as practicable) on which the hearing will be conducted, and(b) must give notice to the Commissioner, the offender and the victim of the date, time and place for the hearing.(6) The notice to the offender under subsection (5) (b) must include the following information:(a) that the Parole Authority’s initial intention is to make a parole order,(b) that there will be a hearing conducted for the purpose of reconsidering the matter,(c) that, following the hearing, the Parole Authority could change its intention,(d) that the offender will be entitled to make submissions at the hearing as to whether or not the offender should be released on parole,(e) that other submissions may be made at the hearing by the State and by victims of the offender.(7) In circumstances where, under subsection (1), notice need not be given of its initial intention, the Parole Authority may, subject to section 152, proceed immediately to confirm its intention.
146 Notice to serious offender of intention to refuse parole
(1) As soon as practicable after forming an initial intention not to make a parole order for a serious offender, the Parole Authority:(a) must give notice of its intention to the offender, and(b) must determine whether, in relation to any reconsideration of the matter:(i) there will be a hearing, whether or not the offender requests a hearing, or(ii) there will be a hearing only if the offender requests a hearing and the Parole Authority is satisfied that a hearing is warranted.(2) The notice must inform the offender of the following matters:(a) that the Parole Authority’s initial intention is not to make a parole order in relation to the offender,(b) that the offender may apply to the Parole Authority for the matter to be reconsidered,(c) that, if the offender makes such an application:(i) there will be a hearing, whether or not the offender requests a hearing, or(ii) there will be a hearing only if the offender requests a hearing and the Parole Authority is satisfied that a hearing is warranted,(d) that the Parole Authority will take into account any submissions by the offender when making its final decision on the matter.(3) The notice:(a) must indicate the address to which such an application should be sent, and the date by which such an application must be made, and(b) subject to section 194, must be accompanied by copies of the reports and other documents intended to be used by the Parole Authority in making its final decision.(4) An application by an offender under this section:(a) may be accompanied by written submissions in support of the application, and(b) if the notice to the offender states that there will be a hearing only if the application requests a hearing, may request a hearing.(5) If there is to be a hearing, the Parole Authority:(a) must set a date (occurring as soon as practicable) on which the hearing will be conducted, and(b) must give notice to the Commissioner, the offender and, subject to and in accordance with the regulations, to those victims of the offender (if any) whose names are recorded in the Victims Register, of the date, time and place for the hearing.(6) The notice to a victim under subsection (5) (b) must include the following information:(a) that the Parole Authority’s initial intention is not to make a parole order,(b) that there will be a hearing for the purpose of reconsidering the matter,(c) that, following the hearing, the Parole Authority could change its intention,(d) that the victim will be entitled to make submissions at the hearing as to whether or not the offender should be released on parole,(e) that other submissions may be made at the hearing by the State and by the offender.
(1) At any hearing conducted by the Parole Authority pursuant to an application under section 145 or 146, both the offender and any victim of the offender may make submissions to the Parole Authority as to whether or not the offender should be released on parole.(2) Submissions may be made orally or in writing and, if in writing, may be given to the Parole Authority either in advance of or at the hearing.(3) The Parole Authority may postpone or adjourn a hearing for any reason that seems appropriate to it.
148 Principles on which Parole Authority’s final decision to be made
(1) The Parole Authority is to make its final decision as to whether or not to make a parole order on the following principles:(a) that the Parole Authority will confirm its initial intention to make a parole order if there are no submissions to the contrary or if it is not required to seek victim submissions,(b) that the Parole Authority will reconsider its initial intention to make a parole order if there are submissions to the contrary, and will in that event take into account any offender submissions,(c) that the Parole Authority will confirm its initial intention not to make a parole order if there are no offender submissions,(d) that the Parole Authority will reconsider its initial intention not to make a parole order if there are offender submissions, and will in that event take into account any other submissions.(2) The Parole Authority must consider all submissions made in accordance with this Subdivision and, subject to section 185 (2), must disregard all other submissions.
(1) After reviewing all the reports, documents, submissions and other information placed before it, the Parole Authority must decide:(a) whether or not the offender should be released on parole, or(b) whether, for reasons specified by the Parole Authority in its minutes, the question of whether or not the offender should be released on parole should be deferred.(2) The question of whether or not the offender should be released on parole:(a) may be deferred once only, and(b) may not be deferred for more than 2 months.(3) If the Parole Authority decides than the offender should be released on parole, it must make an order directing the release of the offender on parole on a day occurring during a period specified in accordance with section 151.(4) If the Parole Authority decides that the offender should not be released on parole, the Parole Authority:(a) (Repealed)(b) must cause notice that it does not intend to make a parole order to be served on the offender.
(1) The Parole Authority must confirm its initial intention to make a parole order if there are no victim submissions or other submissions to the contrary or if it is not required to seek victim submissions.(2) The Parole Authority must confirm its initial intention not to make a parole order if there are no offender submissions.(3) If the Parole Authority confirms its initial intention to make a parole order, it must make an order directing the release of the offender on parole on a day occurring during a period specified in accordance with section 151.(4) If the Parole Authority confirms its initial intention not to make a parole order:(a) (Repealed)(b) it must cause notice that it does not intend to make a parole order to be served on the offender.
151 Release of serious offender on parole
(1) The period to be specified in a parole order under section 149 or 150 is to be:(a) if the order is made earlier than 14 days before the offender’s parole eligibility date, a period beginning no earlier than the offender’s parole eligibility date and ending no later than 21 days after that date, and(a1) if the order is made following an application by the offender referred to in section 143A, and is made before the offender’s annual review date (within the meaning of that section), a period beginning no earlier than the offender’s annual review date and ending no later than 35 days after that date, and(b) in any other case, a period beginning no earlier than 14 days after the date on which the order is made and ending no later than 35 days after that date.(1A) In determining a day on which to release a violent offender under subsection (1), the Parole Authority must take into account the potential trauma to a victim and the victim’s family if the offender is released on the anniversary of the commission of the offence against the victim.(1B) For the purposes of this section, a violent offender means an offender who is serving a sentence for an offence involving violence against a person, including any type of sexual assault referred to in clause 6 of Schedule 1 to the Victims Support and Rehabilitation Act 1996.(2) If an application is made to the Supreme Court within 14 days after a parole order is made, the order is suspended:(a) until the application is dealt with by the Court or the application is withdrawn, or(b) if the direction of the Supreme Court includes a requirement that the Parole Authority reconsider its decision in the light of the direction, until the Parole Authority revokes the order or confirms it with or without modifications.(3) Any such suspension automatically lapses at the end of the period of 28 days after the date on which a direction referred to in subsection (2) (b) is given if during that period the Parole Authority neither revokes the parole order nor confirms it with or without modifications.
152 Reasons to be provided for rejection of Review Council’s advice
(1) If the Parole Authority rejects the advice of the Review Council concerning the release on parole of a serious offender, the Parole Authority must state in writing its reasons for rejecting that advice.(2) The Parole Authority must forward a copy of those reasons to the Review Council.(3) The Review Council may make submissions to the Parole Authority concerning the rejection of its advice within 21 days of that rejection.(4) The Parole Authority is not to make a final decision concerning the release of the offender during the period referred to in subsection (3).
(1) The State may at any time make submissions to the Parole Authority concerning the release on parole of a serious offender.(2) If the State makes any such submission before the Parole Authority makes a final decision concerning the release of the offender, the Parole Authority must not make such a decision without taking the submission into account.(3) If the State makes any such submission after the Parole Authority makes a final decision concerning the release of the offender, but before the offender is released, the Parole Authority must consider whether or not it should exercise its power under section 130 to revoke the relevant parole order.(4) The regulations may make provision for or with respect to submissions by the State under this section, including provisions relating to the application of this Subdivision in connection with any such submission.(5) The powers of the State under this section may be exercised by the Commissioner and by any other authority of the State.
154 Matters to be considered concerning certain serious offenders
(1) This section applies to a serious offender whose sentence for life is the subject of a determination under Schedule 1 to the Crimes (Sentencing Procedure) Act 1999.(2) The Parole Authority, in exercising its functions under this Part in relation to a serious offender to whom this section applies:(a) must have regard to and give substantial weight to any relevant recommendations, observations and comments made by the sentencing court, and(b) must give consideration to adopting or giving effect to any such recommendations, observations and comments and to the intention of the sentencing court when making them, and(c) to the extent that it declines to adopt or give effect to any such recommendations, observations and comments, must state its reasons for doing so,and must, in particular, have regard to the need to preserve the safety of the community.
154A Serious offenders the subject of non-release recommendations
(1) Section 143 does not require the Parole Authority to give preliminary consideration as to whether or not a serious offender the subject of a non-release recommendation should be released on parole unless an application for that purpose is made to the Parole Authority by or on behalf of the offender.(2) An application under this section must be lodged with the Secretary of the Parole Authority.(3) After considering the application, the Parole Authority may make an order directing the release of the offender on parole if, and only if, the Parole Authority:(a) is satisfied (on the basis of a report prepared by the Chief Executive Officer, Justice Health) that the offender:(i) is in imminent danger of dying, or is incapacitated to the extent that he or she no longer has the physical ability to do harm to any person, and(ii) has demonstrated that he or she does not pose a risk to the community, and(b) is further satisfied that, because of those circumstances, the making of such an order is justified.(4) In this section serious offender the subject of a non-release recommendation means a serious offender:(a) who is serving a sentence for which a determination has been made under clause 4 of Schedule 1 to the Crimes (Sentencing Procedure) Act 1999, and(b) who is the subject of a non-release recommendation within the meaning of that Schedule, as in force from time to time.
Subdivision 4 Applications to Supreme Court
155 Application to Supreme Court by offender
(1) If:(a) the Parole Authority decides that an offender should not be released on parole, and(b) the offender alleges that the decision of the Parole Authority has been made on the basis of false, misleading or irrelevant information,the offender may, in accordance with rules of court, apply to the Supreme Court for a direction to be given to the Parole Authority as to whether the information was false, misleading or irrelevant.(2) The Supreme Court may give such directions with respect to the information as it thinks fit.(3) An application under this section is to be considered by the Supreme Court if and only if it is satisfied that the application is not an abuse of process and that there appears to be sufficient evidence to support the application.(4) This section does not give the Supreme Court jurisdiction to consider the merits of the Parole Authority’s decision otherwise than on the grounds referred to in subsection (1).
156 Application to Supreme Court by State
(1) If:(a) the Parole Authority decides that a serious offender should be released on parole, and(b) the Attorney General or the Director of Public Prosecutions alleges that the decision of the Parole Authority has been made on the basis of false, misleading or irrelevant information,the Attorney General or the Director of Public Prosecutions may, in accordance with rules of court, apply to the Supreme Court for a direction to be given to the Parole Authority as to whether the information was false, misleading or irrelevant.(2) The Supreme Court may give such directions with respect to the information as it thinks fit.(3) This section does not give the Supreme Court jurisdiction to consider the merits of the Parole Authority’s decision otherwise than on the grounds referred to in subsection (1).
157 Appearance in person of offender
(1) At the hearing or determination of an application under this Subdivision, an offender is not entitled to appear in person, except by leave of the Supreme Court.(2) The power of the Supreme Court to grant an offender leave to appear in person at the hearing or determination of an application under this Subdivision may be exercised by any Judge of that Court, but no appeal lies to that Court against the refusal of a Judge of that Court to grant leave to appear.
Division 3 Parole orders for sentences of 3 years or less
158 Effect of parole orders made by court
(1) A parole order made by a court under section 50 of the Crimes (Sentencing Procedure) Act 1999 in relation to a sentence is conditional on the offender being eligible for release on parole in accordance with section 126 of this Act at the end of the non-parole period of the sentence.(2) If the offender is not eligible for release at that time, the offender is entitled to be released on parole as soon as the offender becomes so eligible.(3) This section does not authorise the release on parole of an offender who is also serving a sentence of more than 3 years for which a non-parole period has been set unless the offender is entitled to be released under Division 2.
159 Making of parole orders by Parole Authority
(1) The Parole Authority may make an order directing the release of an offender on parole if:(a) the offender is subject to a sentence of 3 years or less, being a sentence for which a non-parole period has been set, and(b) there is no parole order in force with respect to the offender under this Act, under the Crimes (Sentencing Procedure) Act 1999 or under a law of some other State or Territory.(2) Division 2 applies to the making of a parole order under this section.
Division 4 Parole orders in exceptional circumstances
160 Parole orders in exceptional circumstances
(1) The Parole Authority may make an order directing the release of an offender on parole who (but for this section) is not otherwise eligible for release on parole if the offender is dying or if the Parole Authority is satisfied that it is necessary to release the offender on parole because of exceptional extenuating circumstances.(2) The Parole Authority is not required to consider an application for a parole order under this section, or to conduct a hearing, if it decides not to grant such an application.(3) Divisions 2 and 3 do not apply to a parole order under this section.(4) This section does not apply in respect of an offender serving a sentence for life.
160AA Submissions by Commissioner
(1) The Commissioner may at any time make submissions to the Parole Authority concerning the release on parole of an offender.(2) If the Commissioner makes any such submission before the Parole Authority makes a final decision concerning the release of the offender, the Parole Authority must not make such a decision without taking the submission into account.(3) If the Commissioner makes any such submission after the Parole Authority makes a final decision concerning the release of the offender, but before the offender is released, the Parole Authority must consider whether or not it should exercise its power under section 130 to revoke the relevant parole order.(4) The regulations may make provision for or with respect to submissions by the Commissioner under this section, including provisions relating to the application of this Division in connection with any such submission.
Division 4A Parole orders for prisoners received from Norfolk Island
In this Division:modification includes addition, exception, omission or substitution.
Norfolk Island Act means the Sentencing Act 2007 of Norfolk Island.
offender means a person who is serving in New South Wales a sentence by way of full-time detention imposed under a law in force in Norfolk Island.
160AC Parole orders for prisoners from Norfolk Island
(1) The Parole Authority has, and may exercise, in relation to an offender the functions of a Board under Part 6 of the Norfolk Island Act.(2) This Act and the regulations apply to and in respect of the parole of an offender, and a parole order made by the Parole Authority for an offender under the Norfolk Island Act, in the same way as they apply to any other offender or parole order to which Part 6 of this Act applies. However, this Act and the regulations do not apply to the extent to which they are inconsistent with the Norfolk Island Act.Note. Section 151 (10) of the Norfolk Island Act requires the Parole Authority, when making a parole order, to exercise its duties in accordance with the legislation, rules and procedures applicable under the Crimes (Administration of Sentences) Act 1999.(3) The regulations may provide that any specified provision of this Act or the regulations:(a) does or does not apply to the parole of an offender or a parole order for an offender, or(b) applies to and in respect of the parole of an offender or a parole order for an offender with such modifications as the regulations may prescribe.(4) The Probation and Parole Service has the same functions in respect of an offender as it has in respect of any other offender to which Part 6 of this Act applies.(5) Despite any other provision of this section, the Parole Authority and the Probation and Parole Service are not required to exercise any functions in respect of an offender who is not in New South Wales unless they are doing so in accordance with an agreement with the Administration of Norfolk Island.
160A Relationship of parole orders to orders under the Crimes (Serious Sex Offenders) Act 2006
(1) An offender’s obligations under a parole order are suspended while the offender is subject to an extended supervision order, an interim supervision order or an interim detention order under the Crimes (Serious Sex Offenders) Act 2006.(2) For the purposes of Division 3 of Part 7, the offender’s obligations under the extended supervision order or interim supervision order are taken to be obligations under the parole order.Note. Consequently, the offender’s parole order may be revoked under Division 3 of Part 7 if the offender fails to comply with his or her obligations under the supervision order.(3) Any parole order to which an offender is subject is revoked if a continuing detention order is made against the offender under the Crimes (Serious Sex Offenders) Act 2006.
The regulations may make provision for or with respect to the following matters:(a) the management, control, administration and supervision of parole orders,(b) the standard conditions to be imposed on parole orders,(c) the service of notices on an offender,(d) the functions of probation and parole officers appointed or employed for the purposes of this Part.