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This is a Bill, not an Act. For current law, see the Acts databases.
New South Wales
Crimes (Administration of Sentences)
Amendment (No Body, No Parole) Bill 2022
Contents
Page
1 Name of Act 2
2 Commencement 2
Schedule 1 Amendment of Crimes (Administration of Sentences) Act 1999 No
93 3
I certify that this public bill, which originated in the Legislative Assembly, has finally passed
the Legislative Council and the Legislative Assembly of New South Wales.
Clerk of the Legislative Assembly.
Legislative Assembly,
Sydney, , 2022
New South Wales
Crimes (Administration of Sentences)
Amendment (No Body, No Parole) Bill 2022
Act No , 2022
An Act to amend the Crimes (Administration of Sentences) Act 1999 to provide that a parole order
must not be made for an offender serving a term of imprisonment for a homicide offence if the
offender has not cooperated in locating the victim's body or remains.
I have examined this bill and find it to correspond in all respects with the bill as finally
passed by both Houses.
Assistant Speaker of the Legislative Assembly.
Crimes (Administration of Sentences) Amendment (No Body, No Parole) Bill 2022 [NSW]
The Legislature of New South Wales enacts--
1 Name of Act
This Act is the Crimes (Administration of Sentences) Amendment (No Body, No
Parole) Act 2022.
2 Commencement
This Act commences on the date of assent to this Act.
Page 2
Crimes (Administration of Sentences) Amendment (No Body, No Parole) Bill 2022 [NSW]
Schedule 1 Amendment of Crimes (Administration of Sentences) Act 1999 No 93
Schedule 1 Amendment of Crimes (Administration of
Sentences) Act 1999 No 93
[1] Section 135 General duty of Parole Authority relating to release of offender
Omit section 135(3)(e).
[2] Section 135(4)
Omit "subsection (3)(e) or (j)". Insert instead "subsection (3)(j)".
[3] Section 135A
Insert after section 135--
135A Parole order must not be made where offender has not cooperated in locating
victim's body or remains
(1) This section applies to an offender if the offender is serving a term of
imprisonment for a homicide offence and--
(a) the body or remains of the victim of the offence have not been located,
or
(b) because of an act or omission of the offender or another person, part of
the body or remains of the victim has not been located.
(2) Despite section 135(1), the Parole Authority must not make a parole order
directing the release of an offender to which this section applies unless it is
satisfied the offender has cooperated satisfactorily in police investigations or
other actions to identify the victim's location.
(3) The cooperation referred to in subsection (2) may have happened before or
after the offender was sentenced to imprisonment for the offence.
(4) The Commissioner of Police must, at least 28 days before the Parole Authority
proposes to make a decision about making a parole order directing the release
of an offender to which this section applies, give the Parole Authority a written
report that--
(a) states whether the offender has given cooperation mentioned in
subsection (2), and
(b) if the offender has given cooperation, includes an evaluation of--
(i) the nature, extent and timeliness of the offender's cooperation,
and
(ii) the truthfulness, completeness and reliability of any information
or evidence provided by the offender in relation to the victim's
location, and
(iii) the significance and usefulness of the offender's cooperation.
(5) In deciding whether the Parole Authority is satisfied about the offender's
cooperation as mentioned in subsection (2), the Parole Authority--
(a) must have regard to--
(i) the report given by the Commissioner of Police under subsection
(4), and
(ii) any information the Parole Authority has about the offender's
capacity to give the cooperation, and
(b) may have regard to any other information the Parole Authority
considers relevant.
Page 3
Crimes (Administration of Sentences) Amendment (No Body, No Parole) Bill 2022 [NSW]
Schedule 1 Amendment of Crimes (Administration of Sentences) Act 1999 No 93
(6) To avoid doubt, the Commissioner of Police is not required to provide the
Parole Authority with any document, evidence or criminal intelligence that the
Commissioner of Police used to prepare the report, or to make a statement or
evaluation, referred to in subsection (4).
(7) Subsection (2) extends to an offender serving a sentence of imprisonment in
New South Wales for a corresponding offence committed outside New South
Wales if the offender has been transferred to New South Wales under the
Prisoners (Interstate Transfer) Act 1982.
(8) In this section--
corresponding offence means an offence committed outside New South
Wales that, if committed in New South Wales, would be a homicide offence.
homicide offence means--
(a) the offence of murder, or
(b) the offence of manslaughter, or
(c) an offence against the Crimes Act 1900, section 22A, 25A, 26 or 349(1).
victim's location means--
(a) the location, or the last known location, of every part of the body or
remains of the victim of the homicide offence, and
(b) the place where every part of the body or remains of the victim may be
found.
[4] Section 160 Parole orders in exceptional circumstances
Insert after section 160(3)--
(3A) Despite subsection (3), section 135A applies to a parole order under this
section.
[5] Schedule 5 Savings, transitional and other provisions
Insert after clause 138--
Part 28 Provisions consequent on enactment of Crimes
(Administration of Sentences) Amendment (No
Body, No Parole) Act 2022
139 Application of s 135A
To avoid doubt, section 135A applies to a decision to make a parole order
directing the release of an offender to whom the section applies--
(a) whether the offender was convicted or sentenced before or after the
commencement of the section, and
(b) whether or not an application for the parole order has been made before
the commencement of the section.
Page 4
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