State 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 has been released from custody.

The Authority can revoke any type of parole order, whether made by the court (known as a statutory order) 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 presents as a serious and identifiable risk to themselves or the community that cannot be mitigated by directions from Community Corrections or by changing the conditions of parole. Altenatively, a parole order can be revoked  where an offender requests to remain in custody.

Applications for parole orders being revoked prior to release can be made by the offender themselves, Community Corrections, the Commissioner of Corrective Services NSW, 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 to this effect, signed by the Secretary and sent to the correctional centre to ensure the offender is not released from the correctional centre to parole.
The reports the Authority relied upon to make their decision are 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 reviewed. 

Depending on the reason for the order being revoked and what may have changed in between the time the parole order was revoked and the review hearing date, an offender may be released shortly after the review hearing is held. 

For example, if an offender 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 (remove or reverse the decision to not release the offender to parole) and the offender would be released.

Alternatively, if the Parole Authority determine that the release of the offender is not appropriate in the interests of community safety, the decision to revoke the parole order prior to release would be confirmed.