New South Wales Consolidated Acts

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

170B Circumstances for revocation in addition to non-compliance with parole order

(1) The Parole Authority may make an order revoking a parole order after the release of the offender under the order or a re-integration home detention order--

(a) if it is satisfied that the offender poses a serious and immediate risk to the safety of the community and that the risk cannot be sufficiently mitigated by directions from a community corrections officer or by changing the conditions of parole, or

(b) if it is satisfied that there is a serious and immediate risk that the offender will leave New South Wales in contravention of the conditions of the parole order and that the risk cannot be sufficiently mitigated by directions from a community corrections officer or by changing the conditions of parole, or

(c) if it is satisfied that the offender has failed to comply with the offender's obligations under a re-integration home detention order, or

(d) if a re-integration home detention order applying to the offender is revoked, or

(e) in the case of an offender who has been granted parole on the grounds that he or she is in imminent danger of dying or is incapacitated to the extent that he or she no longer has the physical ability to do harm to any person, as referred to in section 154A (3) (a), if it is satisfied that those grounds no longer exist, or

(f) in the case of an offender who has been granted parole under section 160 on the grounds that he or she is dying or because of exceptional extenuating circumstances, if it is satisfied that those grounds or circumstances no longer exist, or

(g) if the offender fails to appear before the Parole Authority when called on to do so under section 180, or

(h) if the offender has applied for the order to be revoked.

(2) The Parole Authority may make a parole revocation order on its own initiative or on the recommendation of the Commissioner or a community corrections officer.

Note : Division 3A of Part 6 sets out additional circumstances relating to the safety of the community in which the parole of individuals may be revoked if there are terrorism concerns.