New South Wales Consolidated Acts

CRIMES (ADMINISTRATION OF SENTENCES) ACT 1999 - SECT 139

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.