No Body, No Parole legislation

Flow chart of parole process for serious offenders
Flow chart of the parole process for Serious Offenders
Flow chart of parole process for non-serious offenders
Flow chart of the parole process for non serious offenders
Last updated:

07 Mar 2024



Offenders convicted of a homicide offence forfeit any chance of release on parole unless the NSW State Parole Authority is satisfied that the offender has cooperated satisfactorily in police investigations or other actions to identify the victim’s location.

In October 2022, the NSW Government introduced the Crimes (Administration of Sentences) Amendment (No Body, No Parole) Act 2022.

The legislation can be read here.

Under this legislation, the NSW Commissioner of Police must provide the NSW State Parole Authority a written report evaluating an offender’s level of co-operation and assistance in identifying the victim’s body or remains.

The legislation applies retrospectively, i.e. for any parole decision made after October 2022, regardless of when the homicide offence or conviction occurred.

How this legislation impacts parole decisions for offenders convicted of homicide?

Community safety is the Parole Authority’s highest priority when making decisions about releasing inmates on parole.

The Crimes (Administration of Sentences) Act 1999 states the SPA must not make a parole order if it is not satisfied that it is in the interest of community safety.

Following the “no body no parole” amendment, the SPA is required to have regard to the written advice of NSW Police about the offender’s level of cooperation and assistance concerning the location of the victim.

This includes an evaluation of the timeliness of the offender’s cooperation; the truthfulness, completeness and reliability of information or evidence provided and the significance and usefulness of the offender’s cooperation.

Therefore, the Parole Authority cannot make a parole order unless it is satisfied that the offender has cooperated satisfactorily in police investigations or other actions to identify the victim’s location.