New South Wales Consolidated Acts

CRIMES (ADMINISTRATION OF SENTENCES) ACT 1999 - SECT 151

151 Release of serious offender on parole

(1) The period to be specified in a parole order under section 149 or 150 is to be--

(a) if the order is made earlier than 14 days before the offender's parole eligibility date (other than an order made following consideration of the offender's case under section 143B), a period beginning no earlier than the offender's parole eligibility date and ending no later than 21 days after that date, and

(a1) if the order is made following an application by the offender referred to in section 143A, 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 14 days after 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) If an application is made to the Supreme Court within 14 days after a parole order is made, the order is suspended--

(a) until the application is dealt with by the Court or the application is withdrawn, or

(b) if the direction of the Supreme Court includes a requirement that the Parole Authority reconsider its decision in the light of the direction, until the Parole Authority revokes the order or confirms it with or without modifications.

(3) Any such suspension automatically lapses at the end of the period of 28 days after the date on which a direction referred to in subsection (2) (b) is given if during that period the Parole Authority neither revokes the parole order nor confirms it with or without modifications.