New South Wales Consolidated Acts

CRIMES (ADMINISTRATION OF SENTENCES) ACT 1999 - SECT 141

141 Decision following review

(1) After reviewing all the reports, documents, submissions and other information placed before it, the Parole Authority must decide--

(a) whether or not the offender should be released on parole, or

(b) whether, for reasons specified by the Parole Authority in its minutes, the question of whether or not the offender should be released on parole should be deferred.

(2) The question of whether or not the offender should be released on parole--

(a) may be deferred once only, and

(b) may not be deferred for more than 2 months.

(3) If the Parole Authority decides that the offender should be released on parole, the Parole Authority must make an order directing the release of the offender on a day occurring during a period specified in accordance with subsection (3AA).

(3AA) 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, a period beginning no earlier than the offender's parole eligibility 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.

(3A) In determining when a violent offender should be released, 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.

(3B) 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 .

(4) If the Parole Authority decides that the offender should not be released on parole, the Parole Authority--

(b) must cause notice that it does not intend to make a parole order to be served on the offender.