Parole consideration

In NSW, inmates are eligible for parole once they have served the non-parole part of their sentence, handed to them by the Sentencing Judge. 

Offenders can be released on parole in one of two ways: on a State Parole Authority order or a statutory parole order (court-imposed).

The Authority makes parole orders only for inmates serving prison sentences longer than than 3 years and 1 day.

Inmates sentenced to prison for 3 years or less are automatically released from custody on statutory parole at the end of the non parole period.  

However, the Authority has legal powers to revoke parole for any offender who breaches any of the conditions, irrespective of what type of parole order.

In NSW inmates do not apply for their first parole hearing. The legislations states  the Authority must consider an offender for parole and begin assessing their suitability for parole at least 60 days before their eligibility date, which is a date set by order of the Sentencing Judge.

The Authority must make a final decision on parole no later than 21 days before an offender's elgible date for release eligibility release date.

While the law states every eligible inmate must be considered for parole, it doesn't mean offenders are automatically released by the State Parole Authority at the end of the non-parole period.   

When an inmate is listed for parole consideration, the SPA holds a private meeting.  

It is called a private meeting because only the five members of the panel take part in the process. Inmates and their legal representatives do not attend these meetings.

The process of deciding whether to grant or refuse parole is complex and a large amount of material for each offender is read and evaluated by panel members.

The following documents help the Authority's panels make informed decisions:

• Judge’s Sentencing Remarks
• Criminal record
• Report by the Serious Offender Review Council (for Serious Offenders)
• Pre-release report by Community Corrections with advice on risk assessments, recommendations, and post-release plans
• Information about the offender’s behaviour, program completion and classification in custody 

Other documents that may be provided include:

• Reports from psychologists or psychiatrists 
• Submissions from the victims/s or family 
• Submissions from the inmate, their family or legal representative  
• Submissions from the State (for serious offenders) or Commissioner of CSNSW (for offenders of special interest) 

For any Serious Offender being considered for parole, their matter is first discussed at a private meeting, where the panel can form an intention to either grant or refuse parole.

If an intention to refuse parole is made, the offender can apply for a review of the decision. If that too is refused, the matter is next listed on the anniversary date (usually in 12 months).

If an intention to grant parole is made the matter is listed for a public review hearing held in open court which provides an opportunity for Registered Victims to make a verbal submission and for the State to provide its submission opposing parole.