NSWIn ForceAct
Crimes (Administration of Sentences) Act 1999
141Decision following review
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#### 141 Decision following review
141 Decision following review
> > (1) After reviewing all the reports, documents, submissions and other information placed before it, the Parole Authority must decide—
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> > > (a) whether or not the offender should be released on parole, or
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> > > (b) whether, for reasons specified by the Parole Authority in its minutes, the question of whether or not the offender should be released on parole should be deferred.
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> > (2) The question of whether or not the offender should be released on parole—
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> > > (a) may be deferred once only, and
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> > > (b) may not be deferred for more than 2 months.
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> > (3) If the Parole Authority decides that the offender should be released on parole, the Parole Authority must make an order directing the release of the offender on a day occurring during a period specified in accordance with subsection (3AA).
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> > (3AA) The period to be specified in a parole order under this section is to be—
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> > > (a) if the order is made earlier than the offender’s parole eligibility date, a period beginning no earlier than the offender’s parole eligibility date and ending no later than 35 days after that date, and
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> > > (b) in any other case, a period beginning no earlier than the date on which the order is made and ending no later than 35 days after that date.
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> > (3A) In determining when a violent offender should be released, the Parole Authority must take into account the potential trauma to a victim and the victim’s family if the offender is released on the anniversary of the commission of the offence against the victim.
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> > (3B) For the purposes of this section, a violent offender means an offender who is serving a sentence for an offence involving violence against a person, including any type of sexual assault referred to in the definition of sexual assault and domestic violence in section 19 of the [Victims Rights and Support Act 2013](/view/html/inforce/current/act-2013-037).
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> > (4) If the Parole Authority decides that the offender should not be released on parole, the Parole Authority—
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> > > (a) (Repealed)
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> > > (b) must cause notice that it does not intend to make a parole order to be served on the offender.
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> **s 141:** Am 2001 No 117, Sch 4 \[3\]; 2003 No 25, Sch 2 \[3\]; 2004 No 94, Sch 1 \[23\] \[24\]; 2007 No 85, Sch 1 \[7\] \[8\]; 2013 No 37, Sch 3.4 \[2\].