11AUse of audio links and audio visual links in proceedings

#### 11A Use of audio links and audio visual links in proceedings 11A Use of audio links and audio visual links in proceedings > > (1) A person who is required or entitled to appear before the Parole Authority in any proceedings and who is in custody in New South Wales— > > > > > (a) must, unless the Parole Authority otherwise directs, appear before the Parole Authority by audio visual link if the place at which the person is in custody is not the place at which the Parole Authority is conducting the proceedings, and > > > > > (b) may give evidence or make any submission to the Parole Authority by that audio visual link. > > > (2) Subclause (1) does not apply unless the person concerned is in custody at a place where the necessary audio visual links are available or can reasonably be made available. > > > (3) The Parole Authority may make a direction under subclause (1) only if it is satisfied that it is in the interests of justice for the person required or entitled to appear in the relevant proceedings to appear physically before the Parole Authority. > > > (4) The Parole Authority may direct that a person to whom subclause (1) does not apply (whether or not the person is a party to the proceedings) give evidence or make a submission to the Parole Authority by audio link or audio visual link from any place other than the place at which the Parole Authority is conducting the proceedings. > > > (5) The Parole Authority must not make a direction under subclause (4) if— > > > > > (a) the necessary facilities are unavailable or cannot reasonably be made available, or > > > > > (b) the Parole Authority is satisfied that the evidence or submission can more conveniently be given or made at the place at which the Parole Authority is conducting the relevant proceedings, or > > > > > (c) the Parole Authority is satisfied by a party opposing the making of the direction that the direction would be unfair to the party, or > > > > > (d) the Parole Authority is satisfied that the person in respect of whom the direction is proposed to be made will not give evidence or make the submission. > > > (6) If a party to the proceedings opposes the making of a direction under subclause (4), the Parole Authority must not make the direction unless satisfied that it is in the interests of justice to do so. > > > (7) The Parole Authority may make a direction under subclause (1)— > > > > > (a) on its own motion, or > > > > > (b) on the application of a party to the proceedings, or > > > > > (c) if the proceedings relate to the consideration of the release of a serious offender on parole, on the application of a victim of the serious offender. > > > (8) If the Parole Authority refuses to make a direction on an application by a victim under subclause (7), the Parole Authority must give reasons in writing to the victim for the refusal. > > > (9) The Parole Authority may make a direction under subclause (4) on its own motion or on the application of any party to the proceedings. > > > (10) If audio visual links are used for proceedings before the Parole Authority, facilities are to be made available for private communication between the person the subject of the proceedings and the person’s representative in the proceedings if the person’s representative is at the place where the Parole Authority is conducting the proceedings. > > > (11) The regulations may make provision for or with respect to the use of audio links and audio visual links in proceedings before the Parole Authority. > > > (12) For the avoidance of doubt, this clause operates despite any other provision of this Act that requires or entitles a person to be present at any proceedings of the Parole Authority and, in particular, applies despite section 147.