The granting of a parole in NSW is administered by the Parole Authority ("the Authority") and the main legislation dealing with parole is the Crimes (Administration of Sentences) Act 1999 as amended.
An offender may not be released on parole unless there is a parole order directing the release of the offender by the Authority. On 10 October 2005 significant changes to the law came into effect which extended the matters the Authority must take into account in deciding to release the offender on parole.
The Authority must not make a parole order for the offender unless it is satisfied, on the balance of probabilities, that the release of the offender is appropriate in the public interest.
In deciding whether or not the release of an offender is appropriate in the public interest, the Authority must have regard to specified matters, which include,
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The need to protect the safety of the community
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The need to maintain public confidence in the administration of justice
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The nature and circumstances of the offence to which the offender's sentence relates
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Any relevant comments made by the sentencing court
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The offenders criminal history
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The likelihood of the offender being able to adapt to a normal life
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The effect on any victim, or the victim's family
SERIOUS OFFENDERS
The law makes special provision for the grant of parole for serious offenders. Recent changes to the law impose a more rigid regime for the grant and timing of parole.
Where the Authority decides that a serious offender should be released on parole, the Attorney General or the Director of Public Prosecution may apply to the Supreme Court on the claim that the Authority has committed an error of law. Failure to take into account a matter referred to above could be an error of law. However the Supreme does not review the merits of the decision of the Authority.
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