New South Wales Consolidated Acts

CRIMES (ADMINISTRATION OF SENTENCES) ACT 1999 - SECT 146

146 Notice to serious offender of intention to refuse parole

(1) As soon as practicable after forming an initial intention not to make a parole order for a serious offender, the Parole Authority--

(a) must give notice of its intention 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 initial intention 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 Commissioner, the offender and, subject to and in accordance with the regulations, to the victims of the offender who are recorded in the Victims Register, of the date, time and place for the hearing.

(6) The notice to a victim under subsection (5) (b) must include the following information--

(a) that the Parole Authority's initial intention is not to make a parole order,

(b) that there will be a hearing for the purpose of reconsidering the matter,

(c) that, following the hearing, the Parole Authority could change its intention,

(d) that the victim will be entitled to make submissions at the hearing as to whether or not the offender should be released on parole,

(e) that other submissions may be made at the hearing by the State and by the offender.