New South Wales Consolidated Acts

CRIMES (ADMINISTRATION OF SENTENCES) ACT 1999 - SECT 138

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 (other than an order made following consideration of the offender's case under section 137B), 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 the definition of
"sexual assault and domestic violence" in section 19 of the Victims Rights and Support Act 2013 .

(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 .