Parole (NSW)

Parole allows an offender to serve the remaining portion of their gaol sentence in the community under supervision by the State Parole Authority. The purpose of parole is to help an inmate reintegrate into society after incarceration while protecting the community from risks of harm. The relevant provisions governing eligibility for parole, parole conditions and other requirements of Parole are contained in Part 6 of the Crimes (Administration of Sentences) Act 1999 (“The Act”). 

Eligibility for Parole:

Whether and when a person is eligible for parole depends on the offence/s they have been sentenced for, the period of time they were imprisoned for and the non-parole period set by the sentencing Court. Parole is not available in NSW if the offender is a Commonwealth or NSW post sentence terrorism inmate. 

Terms of Imprisonment for 6 months or less

With terms of imprisonment for 6 months or less the Court is not required to and will not set a non-parole period. The period of time the person is sentenced to imprisonment is the fixed term that the offender is required to serve in custody. This means the offender will be eligible for release as soon as they have served their full term and does not need to apply for Parole.  

Parole for Sentences of 3 years or less

An offender who is subject to a sentence of 3 years or less and has a non-parole period set, the offender is taken to be subject to a parole order directing their release at the end of the non-parole period. 

If a decision is made for the offender to not be released on parole, parole can be considered in subsequent years. At any time within 90 days before the offender’s annual review date the offender may be eligible for release on Parole. If a parole application is made the Parole Authority must consider whether or not to release the offender on parole not more than 60 days before the offender’s annual review date. 

Parole for Sentences of 3 years or more

When the offender is serving a sentence of 3 or more years, the Parole Authority is to consider whether or not they are eligible for parole 60 days from their parole eligibility date. The Parole Authority may defer consideration of parole if it is unable to complete its consideration as it has not been provided with a required report or where there are other relevant matters requiring further consideration. 

With offenders serving a sentence of more than 3 years with a non-parole period being set, the Parole Authority must not make a parole order unless it is satisfied that it is in the interests of the safety of the community. 

Serious Offenders

When the offender is serving a sentence for a “serious offence”, the Parole Authority is to consider whether or not the offender is eligible for parole 60 days from their parole eligibility date. The Parole Authority may defer consideration of parole until not less than 21 days before the eligibility date if it is unable to complete its consideration as it has not been provided with a required report or where there are other relevant matters requiring further consideration. 

With serious offenders, the Parole Authority must seek advice from the Serious Offenders Review Council before making a Parole decision. The Review Council will provide expert advice to the Parole Authority about the suitability of and risks involved in granting parole to a serious offender.

With serious offenders, The State Parole Authority is required to notify any victim of a serious offender that Parole is being considered and give the victim the opportunity to oppose the release on parole. 

A person is taken to be a “serious offender” if the person is:

• Serving a sentence for life, or 
• Serving a sentence for which a non-parole period has been set in accordance with Schedule 1 of the Crimes (Sentencing Procedure) Act 1999 being an existing life sentence, or
• Serving a sentence (or one series of sentences of imprisonment) where the combined term of all the sentences in the series is such that the offender will not become eligible for release from custody (including parole) until the person has served 12 years in custody, or 
• Being managed as a serious offender for the first time, 
• Has been convicted of murder and is subject to a sentence in respect of that conviction, or 
• A Commonwealth post sentence terrorism inmate, or NSW Post sentence inmate,
• A part of a class of persons prescribed by the regulations to be serious offenders:
  • Male offenders classified in Category AA – Clause 12(3) Crimes (Administration of Sentences) Regulation 2014,
  • Female offenders classified in Category 5 – Clause 13(3) Crimes (Administration of Sentences) Regulation 2014, 
  • “Extreme High-Risk Inmates” – Clause 15(5) Crimes (Administration of Sentences) Regulation 2014,

Exceptional Circumstances

The State Parole Authority can also consider applications for release on parole for persons not eligible for parole in exceptional circumstances. Section 160 of the Act provides that the Parole Authority may release an offender on parole if the offender is dying and the Authority is satisfied it is necessary to release the offender because of exceptional extenuating circumstances. The ability to be released on parole for exceptional circumstances is not available to an offender serving a sentence for life. 

What does the Parole Authority Consider in Determining Whether to Grant Parole:

Section 135 of the Act prescribes that the Parole Authority must not grant parole unless it is satisfied, on the balance of probabilities, that granting parole is “in the interests of the safety of the community” 

In determining whether a grant of parole is in the interests of the safety of the community, the State Parole Authority must have regard to and apply the following matters pursuant to Section 135(2) of the Act. 

Principal matters pursuant to Section 135(2):

• The risk to the safety of members of the community of releasing the offender on parole, 
• Whether the release of the offender on parole is likely to address the risk of the offender re-offending, 
• The risk to community safety of releasing the offender at the end of the sentence without a period of supervised parole or at a later date with a shorter period of supervised parole.

Other matters pursuant to Section 135(3):

• The nature and circumstances of the offence to which the offender’s sentence relates, 
• Any relevant comments made by the sentencing Court, 
• The offender’s criminal history, 
• The likely effect on any victim of the offender, and on any such victim’s family, of the offender being released on parole,
• Any report in relation to the granting of parole by Community Corrections, Review Council and/or the High-Risk Offenders Assessment Committee,
• Whether the Drug Court has declined to make a compulsory drug treatment order and the circumstances for refusing that order, 
• Whether an application has been made for extended supervision, continuing detention.

Conditions of Parole:

Section 128 of the Act contains the general provisions relating to parole conditions. These conditions include:

• The standard conditions pursuant to Clause 214 of the Crimes (Administration of Sentences) Regulation 2014 (“the Regulations”):
  • The offender must be of good behaviour, 
  • The offender must not commit any offence, 
  • The offender must adapt to normal lawful community life. 
• Common Parole Conditions:
  • Submit to regular drug testing, 
  • Report to and follow directions of Corrective Services, 
  • Notify any change of address or employment, 
  • Abide by a curfew, 
  • Undergo an assessment and treatment for alcohol and/or drug addiction, or receive treatment for mental illness.
• Conditions as to non-association and place restriction – Section 128A of the Act,
• Conditions as to lifetime supervision – Section 128B of the Act and Clause 214A of the Regulations,
• Conditions as to supervision – Section 128C of the Act and Clause 214A of the Regulations,

When determining the conditions to apply on parole, or when considering to vary, revoke or introduce a new condition, the Parole Authority is to consider:

• Whether the condition will assist in the management of a risk to community safety arising from the release of the offender on parole. 
• The likely effect on any victim of the offender, and on such victim’s family. 
• Whether the condition will assist in the management of the risk of breaches of parole by the offender. 

Breach of Parole:

If an offender breaches their parole conditions the State Parole Authority will be notified and may call the offender to appear before it for a hearing on whether the offender’s parole should be revoked. 

On breach, the Parole Authority may decide to:

• Revoke the offender’s parole meaning they will be taken back into custody to serve the remainder of their sentence in gaol, 
• Issue a warrant for the arrest of the offender, 
• Impose a home detention period of up to 30 days.