New South Wales Consolidated Acts

CRIMES (ADMINISTRATION OF SENTENCES) ACT 1999 - SECT 170A

170A Actions by Parole Authority on non-compliance with parole order

(1) This section applies if the Parole Authority is satisfied that an offender has failed to comply with the offender's obligations under a parole order.

(2) The Parole Authority may take any of the following actions--

(a) record the breach and take no further action,

(b) give a formal warning to the offender,

(c) impose additional conditions on the parole order,

(d) vary or revoke conditions of the parole order,

(e) make an order revoking the parole order.

(3) Without affecting the generality of subsection (2), the Parole Authority may impose a condition on the parole order of the following kind--

(a) a condition imposing a requirement that the offender remain at the offender's place of residence for a period of home detention of up to 30 days,

(b) a condition that the offender must submit to the use of an electronic monitoring device,

(c) ancillary conditions relating to any condition imposed under this section.

(4) In deciding whether and what action should be taken in respect of the offender's breach of the parole order, the Parole Authority may have regard to any action previously taken in respect of the breach or any earlier breaches of the order.

(5) Section 124H and any regulations made under section 124J (e) apply to an offender who is subject to a condition of home detention imposed under this section in the same way as they apply to an offender who is subject to a re-integration home detention order.

(6) Before determining whether to impose a condition imposing a period of home detention under this section, the Parole Authority is to obtain, and consider, a report prepared by a community corrections officer as to the suitability of the offender for home detention.