Parole Authority

Revocation Prior to Release

Section 130 of the Crimes (Administration of Sentences) Act 1999 allows the Authority to revoke a parole order at any time before the offender, before they have been released from custody.

The Authority can revoke any type of parole order, whether made by the court or made by the Parole Authority.

Regulation 222 prescribes the circumstances under which the Authority can revoke a parole order prior to release. This can include when the offender requests the order be revoked or when the offender does not have appropriate post release plans or accommodation.

Applications for orders being revoked prior to release can be made by the offender themselves, Community Corrections, the Minister for Justice, the Attorney General of NSW or the Director of Public Prosecutions.

These applications are considered by the Authority in a private meeting. Upon the Authority being satisfied that it is appropriate to revoke the parole order prior to release, an order is made, signed by the Secretary and sent to the correctional centre to ensure the offender is not released to parole.
 
The reports the Authority relied upon to make their decision are then sent to the offender in custody, along with a date for a review hearing. If an offender elects to appear at the public review hearing, the decision to revoke the parole order prior to release is revisited. 

Depending on the reason for the order being revoked and what may have changed in between the time the parole order was revoked and the review hearing, an offender may be released shortly after the review hearing is held. 

For example, if an offender secures post release accommodation, has been able to demonstrate appropriate behaviour in custody or changes their mind about release to parole, the Authority would rescind the revocation of parole and the offender would be released.