Offenders on parole are supervised by the Community Corrections division of Corrective Services NSW. Upon Community Corrections becoming aware of a breach of parole, a breach report is submitted to the Parole Authority for action.
If you believe a person on parole has committed an offence, you should always contact NSW Police in the first instance.
If you believe a person on parole is not following the conditions of their parole order, it is recommended that you contact the local Community Corrections Office to report your concerns.
Once a parole order is revoked, the Parole Authority issues a warrant for arrest that is executed by the NSW Police who facilitate the offender's return to custody.
Upon an offender being returned to custody, legislation states than an offender must spend 14 days in a correctional centre before being issued with paperwork in relation to the breach of their order.
The Authority sets a review date (ie. public hearing) during this time and then provides the offender with the documents that was relied upon in making the decision to revoke the order.
The offender is then able to obtain legal advice and representation and appear at the parole hearing via audio-visual link.
There are no legislative provisions for the Parole Authority or Courts to issue bail to an offender once a parole order has been revoked.
Once an offender is returned to custody, they will be provided with paperwork to elect a legal representative. This can be Prisoners Legal Service (Legal Aid Commission), Aboriginal Legal Service or a private solicitor/barrister. On approval of the Authority, this can also be a person that is not legally qualified
Upon a representative being nominated and contact details for the representative being provided, the paperwork relied upon to revoke the parole order is forwarded to them for preparation of the case.
If the Parole Authority has confirmed your revocation of parole, you will be required to spend the remainder of your parole order in custody or at least 12 months, whichever is the lesser period.
If this is less than 12 months, there will be no opportunity for you to re-apply for parole.
If you have more than 12 months remaining on your parole order you will be eligible to re-apply for parole after spending 12 months in custody. A Community Corrections Officer will interview you and prepare a report for the Parole Authority that recommends whether you should be released to parole to serve the balance of your sentence in the community.
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