New South Wales Consolidated Acts

CRIMES (ADMINISTRATION OF SENTENCES) ACT 1999 - SECT 135

135 General duty of Parole Authority relating to release of offender

(1) The Parole Authority must not make a parole order directing the release of an offender unless it is satisfied that it is in the interests of the safety of the community.

(2) In considering whether it is in the interests of the safety of the community to release an offender, the Parole Authority must have regard to the following principal matters--

(a) the risk to the safety of members of the community of releasing the offender on parole,

(b) whether the release of the offender on parole is likely to address the risk of the offender re-offending,

(c) the risk to community safety of releasing the offender at the end of the sentence without a period of supervised parole or at a later date with a shorter period of supervised parole.

(3) In considering whether it is in the interests of the safety of the community to release an offender, the Parole Authority must also have regard to the following matters--

(a) the nature and circumstances of the offence to which the offender's sentence relates,

(b) any relevant comments made by the sentencing court,

(c) the offender's criminal history,

(d) the likely effect on any victim of the offender, and on any such victim's family, of the offender being released on parole,

(f) any report in relation to the granting of parole that has been prepared by a community corrections officer,

(g) 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 or any other authority of the State,

(h) if the Drug Court has notified the Parole Authority that it has declined to make a compulsory drug treatment order in relation to the offender's sentence on the ground that it is not satisfied as to the matters referred to in section 18D (1) (b) (vi) of the Drug Court Act 1998 , the circumstances of that decision to decline to make that order,

(i) that an application that has been made (but not determined) in respect of the offender--

(i) for an extended supervision order or continuing detention order under the Crimes (High Risk Offenders) Act 2006 or the Terrorism (High Risk Offenders) Act 2017 , or

(ii) for a continuing detention order under Division 105A of Part 5.3 of the Commonwealth Criminal Code,

(i1) that the High Risk Offenders Assessment Committee under the Crimes (High Risk Offenders) Act 2006 has recommended that an application be made for an extended supervision order or continuing detention order under that Act or the Terrorism (High Risk Offenders) Act 2017 in relation to the offender,

Note--: Under the Crimes (High Risk Offenders) Act 2006 , section 24AC(a) and the Terrorism (High Risk Offenders) Act 2017 , section 63(a) the High Risk Offenders Assessment Committee may make recommendations to the Commissioner about the taking of action by the State in relation to offenders under those Acts.

(j) any other matters that the Parole Authority considers to be relevant.

(4) Without limiting subsection (3)(j), if the offender has provided post-sentence assistance, the Parole Authority may have regard to the following--

(a) the nature and extent of the assistance (including the reliability and value of any information or evidence provided by the offender),

(b) the degree to which the offender's willingness to provide assistance reflects the offender's progress to rehabilitation.

(5) 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 released on parole.

(6) A report prepared by a community corrections officer for the purposes of subsection (3) must address the matters prescribed by the regulations for the purposes of this section.

(7) The Parole Authority, and the Review Council when giving advice for the purposes of subsection (5), must not have regard to the fact that an application for a continuing detention order under the Commonwealth Criminal Code, Part 5.3, Division 105A may be made in relation to the offender.

(8) The Parole Authority is not required to consider the matters specified by this section in relation to an offender if it determines under Division 3A that it cannot make a parole order for the offender.

(9) In this section--

"post-sentence assistance" means assistance in the prevention, detection or investigation of, or in proceedings relating to, any offence, provided by an offender to law enforcement authorities after the offender was sentenced and that was not taken into account or considered by the sentencing court.