If an offender lodges an application for parole, victims registered against the offender will immediately be notified by mail. This correspondence will advise eligible persons that they may make a written submission to the Parole Board about their concerns should be offender be released to parole. A Parole Submission Form will be included with this correspondence.
In this submission, the registered victim has the opportunity to express their concerns in relation to whether an offender should be released from custody and also to ask for certain conditions to be placed on the offender's parole order should it be granted. All parole orders have general conditions placed on them but where there are victim concerns raised, a Parole Board may include additional conditions at the victim's request such as:
A Parole Board may also place conditions on a parole order arising out of the factors which it is believed led to or contributed to their offending behavior such as the consumption of alcohol and drugs, directions relating to attending places where children congregate such as schools and shopping centres, not accepting employment which will bring them into contact with children. These are generally imposed by the board with no input from victims.
Registered victims will have a 21-day period, commencing from the date on the Victims Register correspondence, to make a submission to the Parole Board. The Victims Register will provide the registered victims with the relevant Parole Board contact details as well as sufficient details about the offender so that the submission can be attached to the correct offender application.
If an offender's parole application is refused, they may make another application generally after six months or after another condition such as the completion of a program targeted at reducing offending has been completed. The Victims Register will again provide the paperwork necessary to make a further submission to the Parole Board in the event that your wishes or your place of residence has changed.
Where the Attorney-General has requested that the Supreme Court make an order under the Dangerous Prisoners (Sexual Offenders) Act 2003 or the prisoner who has offended against you has contravened the conditions of the supervision order already imposed by the Supreme Court, victims of crime who are registered with the Victims Register are entitled under the law to make a submission to the Court prior to it making a decision. As an eligible victim registered with the Victims Register, the law requires that you be informed of both of these scenarios.
To make a submission, you MUST be the actual victim or the parent or guardian of a victim who is under 18 years old or who has a legal incapacity. However, making a submission is optional.
In relation to making an order, the court must decide to either:
Where the offender who has offended against you has contravened the conditions of an existing supervision order imposed by the Court, the Supreme Court will determine whether to:
The Submission form does not require you name or contact details. The offender may be provided with a copy of your submission. However prior to this occurring, all features contained within your submission which may identify you, such as your signature, will be concealed.
The Victims Register will provide your submission to the legal representatives of the Attorney-General. A copy will be provided to the Judge and again with any identifying features concealed, to the offender's legal representatives. Your submissions will be placed before the court and if the Judge needs clarification you may be subpoenaed to attend the Supreme Court (your contact details will have to be given to the Attorney-General's representative for this to occur). You should be aware that the offender may be in attendance in person. You should take this into consideration before you decide whether to make a submission. You do not have to make a submission and you will be informed of the Court's decision by the Victims Register.
Last updated: 07 January 2014