Australian Capital Territory Repealed Acts

This legislation has been repealed.

REHABILITATION OF OFFENDERS (INTERIM) ACT 2001 (REPEALED) - SECT 51

    (1)     The board may make a parole order for a sentenced offender only if it has decided that the release of the offender is appropriate, having regard to the principle that the public interest is of primary importance.

    (2)     In deciding whether to make a parole order, the board must have regard to the following matters:

        (a)     any relevant recommendations, observations and comments made by the sentencing court;

        (b)     the offender's antecedents;

        (c)     the likely effect on any victim of the offender, and on the victim's family, of the offender being released on parole and, in particular, any concern, of which it is aware, expressed by or on behalf of a victim of the offender, or the victim's family, about the need for protection from violence or harassment by the offender;

        (d)     any report required under the regulations in relation to the granting of parole to the offender;

        (e)     any other report prepared by or for the Territory in relation to the granting of parole to the offender;

        (f)     the offender's conduct to date while serving the offender's sentence;

        (g)     the likelihood that, if granted parole, the offender will comply with any conditions to which the parole order would be subject;

        (h)     whether release on parole is likely to assist the offender to adjust to lawful community life;

              (i)     any special circumstances of the case;

        (j)     any other matter prescribed by regulation.

    (3)     Subsection (2) does not limit the matters to which the board may have regard.

    (4)     In having regard to the matters mentioned in subsection (2), the board must consider any submission made to it by a victim of the sentenced offender, and any concern expressed to it by a victim of the offender, under section 46 (Board to seek views of victims).