In NSW, offenders do not need to make application for parole consideration.
The legislation prescribes that the Parole Authority must consider whether or not an offender should be released on parole not earlier than 60 and not later than 21 days before an offender's parole eligibility date (ie. earliest release date).
From an administrative point of view, the Secretariat monitors and lists offender cases to ensure compliance with the legislation.
In all cases, there are three main documents that must be available to the Authority in the private meetings when considering release to parole. These are: the Criminal History, Judges Sentencing Remarks and the Pre Release Report. In the case of serious offenders, a report from the Serious Offenders Review Council is also required.
On occasions other documents are available, including submissions from the offender and their family members, submissions from victims and reports from professionals.
Section 135 of the Crimes (Administration of Sentences) Act 1999 prescribes what the Authority must consider when determining the release of an offender.
The Parole Authority must not make a parole order for an offender unless it is satisfied, on the balance of probabilities, that the release of offender is appropriate in the public interest.
In deciding whether or not the release of an offender is appropriate in the public interest, the Parole Authority must have regard to the following matters: