New South Wales Consolidated Acts

CRIMES (ADMINISTRATION OF SENTENCES) ACT 1999 - SECT 145

145 Notice to victims of intention to grant parole

(1) As soon as practicable after forming an initial intention to make a parole order for a serious offender, but subject to and in accordance with the regulations, the Parole Authority must give notice of its intention to the victims of the offender who are recorded in the Victims Register.

(2) The notice must inform each victim concerned of the following matters--

(a) that the Parole Authority's initial intention is to make a parole order in relation to the offender,

(b) that the victim may apply to the Parole Authority for the matter to be reconsidered,

(c) that, if the victim makes such an application, there will be a hearing only if the application requests a hearing,

(d) that the Parole Authority will take into account any submissions by the victim when making its final decision on the matter.

(3) The notice must indicate the address to which such an application should be sent and the date by which such an application must be made.

(4) An application by a victim under this section--

(a) may be accompanied by written submissions in support of the application, and

(b) may request a hearing.

(5) If the application requests a hearing, the Parole Authority--

(a) must set a date (occurring as soon as practicable) on which the hearing will be conducted, and

(b) must give notice to the Commissioner, the offender and the victim of the date, time and place for the hearing.

(6) The notice to the offender under subsection (5) (b) must include the following information--

(a) that the Parole Authority's initial intention is to make a parole order,

(b) that there will be a hearing conducted for the purpose of reconsidering the matter,

(c) that, following the hearing, the Parole Authority could change its intention,

(d) that the offender will be entitled to make submissions at the hearing as to whether or not the offender should be released on parole,

(e) that other submissions may be made at the hearing by the State and by victims of the offender.

(7) In circumstances where, under subsection (1), notice need not be given of its initial intention, the Parole Authority may, subject to section 152, proceed immediately to confirm its intention.