CRIMES (ADMINISTRATION OF SENTENCES) ACT 1999 - SCHEDULE 1
CRIMES (ADMINISTRATION OF SENTENCES) ACT 1999 - SCHEDULE 1
SCHEDULE 1 – Parole Authority
Part 1 - Constitution
1 Chairperson
(1) A person who is appointed as a judicial member of the Parole Authority is, in and by the instrument by which the person is so appointed (or such other instrument as may be executed by the Governor), to be appointed as--(a) the Chairperson of the Parole Authority, or(b) the Alternate Chairperson of the Parole Authority, or(c) a Deputy Chairperson of the Parole Authority.
(2) Neither the appointment of a person who is a Judge as Chairperson, Alternate Chairperson or Deputy Chairperson, nor the person's service as Chairperson, Alternate Chairperson or Deputy Chairperson, affects--(a) the person's tenure of the office of a Judge, or(b) the person's rank, title, status, precedence, salary or other rights or privileges as a holder of the office of a Judge.
(3) A person who is a Judge may exercise the powers of a Judge even though the person is Chairperson, Alternate Chairperson or Deputy Chairperson.
(4) Service of a Judge as Chairperson, Alternate Chairperson or Deputy Chairperson is, for all purposes, taken to be service as a Judge.
2 Acting members
(1) During the illness or absence of the Chairperson, the Alternate Chairperson is to act in the office of the Chairperson and, while so acting, has all the functions of the Chairperson and is taken to be the Chairperson.
(2) During the illness or absence of the Alternate Chairperson, a Deputy Chairperson designated by the Chairperson is to act in the office of the Alternate Chairperson and, while so acting, has all the functions of the Alternate Chairperson (including the function of acting in the office of the Chairperson during the illness or absence of the Chairperson) and is taken to be the Alternate Chairperson.
(3) The Governor may, from time to time, appoint a judicially qualified person to act in the office of a Deputy Chairperson during the illness or absence of a Deputy Chairperson, and the person, while so acting, has all the functions of a Deputy Chairperson and is taken to be a Deputy Chairperson.
(3A) The term for which a person is appointed to act in the office of a Deputy Chairperson is to be such period (not exceeding 3 years) as is specified in the relevant instrument of appointment.
(4) If a community member is granted leave of absence by the Minister, the Governor may appoint a person to act in the office of the member during the member's absence, and that person, while so acting, has all the functions of the member and is taken to be a member.
(5) The Governor may, at any time, remove a person from an office to which the person was appointed under subclause (3) or (4).
(6) For the purposes of this clause--(a) a vacancy in the office of Chairperson, Alternate Chairperson or Deputy Chairperson is taken to be an absence from office of the judicial member concerned, and(b) the Alternate Chairperson or a Deputy Chairperson is taken to be absent from the office of Alternate Chairperson or Deputy Chairperson during any period of acting in another office under subclause (1) or (2).
3 Deputies
(1) The Commissioner of Police may from time to time nominate a police officer to be the deputy of the official member appointed by that Commissioner, and may revoke such a nomination at any time.
(2) The Commissioner of Corrective Services may from time to time nominate an officer of Community Corrections to be the deputy of the official member appointed by that Commissioner, and may revoke such a nomination at any time.
(3) In the absence of an official member, the member's deputy--(a) may, if available, act in the place of the member, and(b) while so acting, has all the functions of the member and is taken to be a member.
4 Term of office
Subject to this Schedule, an appointed member holds office for a period (not exceeding 3 years) specified in the member's instrument of appointment, but is eligible (if otherwise qualified) for re-appointment.
5 Remuneration
An appointed member is entitled to be paid such remuneration (including travelling and subsistence allowances) as the Minister may from time to time determine in respect of the member.
6 Vacancy in office of appointed member
(1) The office of an appointed member becomes vacant if the member--(a) dies, or(b) completes a term of office and is not re-appointed, or(c) resigns the office by instrument in writing addressed to the Minister, or(d) is removed from office by the Governor, or(e) becomes bankrupt, applies to take the benefit of any law for the relief of bankrupt or insolvent debtors, compounds with his or her creditors or makes an assignment of his or her remuneration for their benefit, or(f) becomes a mentally incapacitated person, or(g) is convicted in New South Wales of an offence that is punishable by imprisonment for 12 months or more or is convicted elsewhere than in New South Wales of an offence that, if committed in New South Wales, would be an offence so punishable, or(h) being a judicial member, ceases to be a judicially qualified person.
(2) The Governor may remove an appointed member from office at any time.
7 Revocation of appointment as official member
(1) The Commissioner of Police may at any time revoke the appointment of a police officer made for the purposes of section 183 (2) (b).
(2) The Commissioner of Corrective Services may at any time revoke the appointment of an officer of Community Corrections made for the purposes of section 183 (2) (c).
(3) On revocation under this clause, the office, as a Parole Authority member, of the person affected is taken to be vacant.
8 Filling of vacancy in office of appointed member
If the office of an appointed member becomes vacant, a person is, subject to this Act, to be appointed to fill the vacancy.
9 Effect of certain other Acts
(1) The provisions of the Government Sector Employment Act 2013 relating to the employment of Public Service employees do not apply to an appointed member.
(2) The office of an appointed member is not, for the purposes of any Act, an office or place of profit under the Crown.
Part 2 - Procedure
10 Establishment of committees and appointment of other persons
(1) The Parole Authority may establish committees, or appoint any person or persons, to assist it in connection with the exercise of any of its functions.
(2) If a committee is established--(a) the members of that committee may be members of the Parole Authority, and(b) the procedure for the calling of meetings of a committee and for the conduct of business at those meetings is to be determined by the chairperson of the committee (subject to any determination of the Parole Authority), and(c) the Parole Authority may delegate to that committee such of its functions as may be prescribed by the regulations.
11 General procedure
(1) Except as otherwise provided by this Act or the regulations--(a) meetings of the Parole Authority are to be held at such times and places as are fixed by the Chairperson, and(b) the procedure for the convening of meetings of the Parole Authority and for the conduct of business at those meetings is to be as determined by the Chairperson.
(2) The Parole Authority may from time to time adjourn its proceedings to such times, dates and places and for such reasons as it thinks fit.
(3) The Parole Authority is not bound by the rules of evidence, but may inform itself of any matter in such manner as it thinks appropriate.
(4) Proceedings before the Parole Authority--(a) are to be open to the public, unless the Parole Authority determines in a particular case that the proceedings are to be conducted wholly or partly in the absence of the public, and(b) are not to be conducted in an adversarial manner, and(c) are to be conducted with as little formality and technicality, and with as much expedition, as fairness to any affected person and the requirements of this Act permit.
(5) A decision of the Parole Authority is not vitiated merely because of any informality or want of form.
(6) The Parole Authority may, if it thinks fit, hold a meeting at which some members participate by telephone, closed-circuit television or other means, but only if any member who speaks on a matter before the meeting can be heard by the other members and by members of the public (if the meeting is open to the public).
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.
12 Representation of Review Council
A person (who need not be a member of the Review Council), chosen by the Chairperson of the Review Council or by a judicial member of the Review Council nominated by the Chairperson, is entitled to be present, and to be heard, (but not vote) at a meeting of the Parole Authority at which a matter relating to a serious offender is being considered.
13 Quorum
(1) The quorum for a meeting of the Parole Authority is 3 members consisting of at least one judicial member and at least 2 non-judicial members.
(2) The Secretary of the Parole Authority may act as a non-judicial member for the purposes of constituting a quorum for a meeting of the Parole Authority and for the purposes of the meeting if the judicial member who is to preside at the meeting considers it necessary because--(a) the business to be conducted at the meeting is of an urgent nature, and(b) no other non-judicial member is readily available to constitute a quorum.While so acting, the Secretary has all the functions of a non-judicial member and is taken to be such a member.
14 Attendance of community members
(1) For the purposes of any meeting of the Parole Authority, not more than 2 community members may attend for the purposes of constituting the Parole Authority.
(2) If there are more than 2 community members present at a particular meeting, the members who may attend the meeting are to be determined in accordance with arrangements approved by the Chairperson of the Parole Authority.
(3) Despite subclause (1), the Chairperson may convene up to 6 meetings a year of the Parole Authority at which all community members may attend.
14A Attendance of official members
(1) For the purposes of any meeting of the Parole Authority--(a) not more than one police officer, and(b) not more than one officer of Community Corrections,may attend for the purposes of constituting the Parole Authority.
(2) Despite subclause (1), the Chairperson may convene up to 6 meetings a year of the Parole Authority at which all official members may attend.
15 Presiding members
(1) The Chairperson or a judicial member nominated by the Chairperson is to preside at a meeting of the Parole Authority.
(2) At a meeting of a Division, the judicial member of the Division is to preside.
16 Voting
(1) If the Chairperson and the Alternate Chairperson or a Deputy Chairperson, or both, are present at a meeting of the Parole Authority, only the Chairperson is entitled to vote with respect to any decision.
(2) Despite subclause (1), if the Chairperson and the Alternate Chairperson or a Deputy Chairperson, or both, are present at a meeting of the Parole Authority at which all community members may attend, the Alternate Chairperson and Deputy Chairperson are each entitled to vote with respect to any decision.
17 Decisions
(1) A decision supported by a majority of the votes cast at a meeting of the Parole Authority at which a quorum is present (being votes cast by persons entitled to vote at the meeting) is the decision of the Parole Authority.
(2) In the case of an equality of votes, the judicial member presiding at a meeting of the Parole Authority is to have the casting vote.
18 Record of proceedings
(1) The member presiding at a meeting of the Parole Authority must cause a record of the proceedings at the meeting to be made.
(2) Records made for the purposes of this clause may be destroyed after the expiry of the period prescribed by the regulations.
19 Committees
(1) The Chairperson may appoint one or more non-judicial members as a committee for the purpose of--(a) inquiring into and reporting to the Parole Authority on any offender to whom a parole order relates and whose case is to come before the Parole Authority for consideration, and(b) disposing of routine business of the Parole Authority, other than making determinations or decisions, or preparing reasons for rejecting advice from the Review Council, under Part 6.
(2) The Secretary of the Parole Authority is taken to be a non-judicial member for the purposes of a committee appointed for the purpose referred to in subclause (1) (b), and may consequently be appointed as a member of such a committee.
20 Authentication of documents
Any document requiring authentication by the Parole Authority is sufficiently authenticated if it is signed by--
(a) the member who presided at the meeting of the Parole Authority that dealt with the proceedings with respect to which the document was prepared, or
(b) in the absence of that member, any other member who was present at that meeting.
21 Evidentiary certificate
A certificate issued by the Secretary of the Parole Authority, being a certificate that records any determination or decision of the Parole Authority is admissible in any legal proceedings and is evidence of the matters so recorded.
22 Proof of certain matters not required
In any legal proceedings, proof is not required, until evidence is given to the contrary, of--
(a) the constitution of the Parole Authority, or
(b) any determination, decision or recommendation of the Parole Authority, or
(c) the appointment of, or holding of office by, any member, or
(d) the presence or nature of a quorum at any meeting of the Parole Authority.
22A Rulings on points of law
If either of the following questions arises at a meeting of the Parole Authority, it is to be decided by the person presiding at the meeting alone--
(a) whether a question is a question of fact or law, or a question of mixed law and fact,
(b) any question determined to be a question of law alone or a question of mixed law and fact.
23 Application of Part to Divisions of the Parole Authority
This Part applies to a Division of the Parole Authority in the same way as it applies to the Parole Authority, except to the extent to which this Part otherwise provides.