New South Wales Repealed Acts

This legislation has been repealed.

CRIMINAL LEGISLATION AMENDMENT ACT 2001 - SCHEDULE 4

SCHEDULE 4 – Amendment of Crimes (Administration of Sentences) Act 1999

(Section 3)

[1] Section 138 Decision of Parole Board

Omit section 138 (1) (a). Insert instead:

(a) must make an order directing the release of the offender on parole on:

(i) the day on which the offender becomes eligible for release on parole (the "earliest parole date") or a specified day occurring not later than 7 days after the earliest parole date, or

(ii) if the order is made after the earliest parole date, a specified day occurring not later than 7 days after the order is made, or

[2] Section 138 (1A) and (1B)

Insert after section 138 (1):

(1A) In determining a day on which to release a violent offender under subsection (1) (a), the Parole Board 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 clause 6 of Schedule 1 to the Victims Support and Rehabilitation Act 1996 .

[3] Section 141 Decision following review

Omit section 141 (3). Insert instead:

(3) If the Parole Board decides that the offender should be released on parole, the Parole Board must make an order directing the release of the offender on parole on:

(a) the day on which the offender becomes eligible for release on parole (the "earliest parole date") or a specified day occurring not later than 7 days after the earliest parole date, or

(b) if the order is made after the earliest parole date, a specified day occurring not later than 7 days after the order is made.

(3A) In determining a day on which to release a violent offender under subsection (3), the Parole Board 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 clause 6 of Schedule 1 to the Victims Support and Rehabilitation Act 1996 .

[4] Section 151 Day of release

Omit section 151 (1). Insert instead:

(1) The day of release to be specified in a parole order under section 149 or 150 is to be:

(a) a specified date that is more than 7 and less than 14 days after the order is made, or

(b) if this would result in the offender being released before the day on which the offender becomes eligible for parole, a specified day occurring not later than 7 days after the day on which the offender becomes eligible for parole.

[5] Section 151 (1A) and (1B)

Insert after section 151 (1):

(1A) In determining a day on which to release a violent offender under subsection (1), the Parole Board 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 clause 6 of Schedule 1 to the Victims Support and Rehabilitation Act 1996 .

[6] Schedule 5 Savings, transitional and other provisions

Insert at the end of clause 1 (1):

Criminal Legislation Amendment Act 2001 , to the extent that it amends this Act

[7] Schedule 5

Insert at the end of the Schedule with appropriate Part and clause numbers:

Part - Provisions consequent on enactment of Criminal Legislation Amendment Act 2001

Release dates of offenders An amendment made to a provision of this Act by the Criminal Legislation Amendment Act 2001 applies only to and in respect of a determination of the Parole Board that occurs on or after the commencement of the amendment.