New South Wales Consolidated Acts

CRIMES (ADMINISTRATION OF SENTENCES) ACT 1999 - SECT 130

130 Revocation of parole order before release

(1) The Parole Authority may, by order in writing, revoke a parole order at any time before the offender to whom the order relates is released under the order, if the Parole Authority is satisfied that--

(a) the offender, if released, would pose a serious identifiable risk to the safety of the community and that the risk cannot be sufficiently mitigated by directions from a community corrections officer or by changing the conditions of parole, or

(b) the offender, if released, would pose a serious and immediate risk to the offender's safety and that the risk cannot be sufficiently mitigated by directions from a community corrections officer or by changing the conditions of parole, or

(c) the offender has failed to comply with the offender's obligations under a re-integration home detention order, or

(d) a re-integration home detention order applying to the offender has been revoked, or

(e) the offender has requested the revocation, or

(f) in the case of a parole order made by the Parole Authority, there has been a substantial change to a matter considered by the Parole Authority in making the order, or

(g) any other circumstance prescribed by the regulations for the purpose of this section exists.

Note : A reference to a parole order includes a statutory parole order imposed under section 158 where the sentence is 3 years or less (see definition of
"parole order" in section 3 (1)).

(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.

(3) The Parole Authority may revoke a parole order under this section on its own initiative or on the recommendation of the Commissioner or a community corrections officer.

Note : Division 3A of Part 6 sets out additional circumstances relating to the safety of the community in which the parole of individuals may be revoked before or after release if there are terrorism concerns.

(4) The Attorney General or the Minister may request the Parole Authority to revoke a parole order under this section and may make any submissions they think fit to support the request.