New South Wales Consolidated Acts

CRIMES (ADMINISTRATION OF SENTENCES) ACT 1999 - SECT 135A

135A Parole order must not be made where offender has not cooperated in locating victim's body or remains

(1) This section applies to an offender if the offender is serving a term of imprisonment for a homicide offence and--

(a) the body or remains of the victim of the offence have not been located, or

(b) because of an act or omission of the offender or another person, part of the body or remains of the victim has not been located.

(2) Despite section 135(1), the Parole Authority must not make a parole order directing the release of an offender to which this section applies unless it is satisfied the offender has cooperated satisfactorily in police investigations or other actions to identify the victim's location.

(3) The cooperation referred to in subsection (2) may have happened before or after the offender was sentenced to imprisonment for the offence.

(4) The Commissioner of Police must, at least 28 days before the Parole Authority proposes to make a decision about making a parole order directing the release of an offender to which this section applies, give the Parole Authority a written report that--

(a) states whether the offender has given cooperation mentioned in subsection (2), and

(b) if the offender has given cooperation, includes an evaluation of--

(i) the nature, extent and timeliness of the offender's cooperation, and

(ii) the truthfulness, completeness and reliability of any information or evidence provided by the offender in relation to the victim's location, and

(iii) the significance and usefulness of the offender's cooperation.

(5) In deciding whether the Parole Authority is satisfied about the offender's cooperation as mentioned in subsection (2), the Parole Authority--

(a) must have regard to--

(i) the report given by the Commissioner of Police under subsection (4), and

(ii) any information the Parole Authority has about the offender's capacity to give the cooperation, and

(b) may have regard to any other information the Parole Authority considers relevant.

(6) To avoid doubt, the Commissioner of Police is not required to provide the Parole Authority with any document, evidence or criminal intelligence that the Commissioner of Police used to prepare the report, or to make a statement or evaluation, referred to in subsection (4).

(7) Subsection (2) extends to an offender serving a sentence of imprisonment in New South Wales for a corresponding offence committed outside New South Wales if the offender has been transferred to New South Wales under the Prisoners (Interstate Transfer) Act 1982 .

(8) In this section--

"corresponding offence" means an offence committed outside New South Wales that, if committed in New South Wales, would be a homicide offence.

"homicide offence" means--

(a) the offence of murder, or

(b) the offence of manslaughter, or

(c) an offence against the Crimes Act 1900 , section 22A, 25A, 26 or 349(1).

"victim's location" means--

(a) the location, or the last known location, of every part of the body or remains of the victim of the homicide offence, and

(b) the place where every part of the body or remains of the victim may be found.