New South Wales Consolidated Acts

CRIMES (ADMINISTRATION OF SENTENCES) ACT 1999 - SECT 128E

128E Suspension of certain parole conditions

(1) This section applies to the following conditions of a parole order--

(a) a condition referred to in section 128A (1),

(b) a condition referred to in section 128C (1) (a
"supervision condition" ),

(c) a curfew.

(2) A community corrections officer may, by order in writing and subject to the regulations, suspend the application of a supervision condition to an offender for a period or periods or indefinitely.

(3) A community corrections officer may, by order given orally or in writing and subject to the regulations, suspend the application of any other condition to which this section applies to an offender for a period or periods.

(4) The suspension may be unconditional or subject to conditions.

(5) For the purposes of this Act, a failure to comply with a condition of the suspension is taken to be a failure to comply with the obligations of the parole order. This subsection does not limit the power of the community corrections officer to revoke the suspension order.

(6) The regulations may make provision for or with respect to the following--

(a) the periods for which a condition may be suspended,

(b) notice to an offender of the making or revocation of a suspension order,

(c) requiring the power to make, amend or revoke a suspension order to be exercised subject to and in accordance with any specified conditions.

(7) This section does not apply to a condition imposed on the following offenders--

(a) an offender to whom section 128B applies,

(b) an offender released under a parole order made under section 160.