State Parole Authority

Breaches of parole

How are breaches of parole reported to the Parole Authority?

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.

I believe an offender is breaching their parole order, who do I notify?

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.

What action can the Parole Authority take in relation to reported breaches of parole?

  • Take no action and note the report
  • Stand the matter over - usually to follow court results or obtain updated information from Community Corrections
  • Issue a warning - in relation to compliance with the parole order, drug use, alcohol use or outstanding court matters
  • Issue an Instrument to Attend (ITA) before the Parole Authority at a section 169 Inquiry to determine whether a breach has occurred.
  • Revoke the parole order by issuing a warrant for their arrest and return to custody. When revoking the parole order, the Authority must choose a date that the revocation is effective from and identify the conditions on the parole order the offender has breached.

What happens when parole is revoked?

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.

Can I be released on bail if my parole is revoked?

There are no legislative provisions for the Parole Authority or Courts to issue bail to an offender once a parole order has been revoked.

Who can represent me at a parole revocation hearing?

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.

How long will I need to remain in custody if the revocation of parole is confirmed by the Authority?

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.