AGY-4165 | Parole Board [II]

Full description

The Parole Board [II] was established by the Parole of Prisoners Act, 1966 (Act No.41, 1966). The Board was a direct successor to Parole Board [I] that had been constituted in 1951.

Parole Board [II] consisted of five members of whom one was a Judge of the Supreme or District Court, a member of the Industrial Commission of New South Wales or a person qualified for one of these positions. The Board was to include at least one female member. (1) The members were appointed for three years and were eligible for re-appointment if they continued to satisfy conditions of appointment. (2) The Judge or Member of the Industrial Commission was to be the Chairman and a Deputy Chairman with similar qualifications could be appointed. (3)

The meetings of the Board were convened by the Chairman and the procedures of the Board were determined by the members. (4)

Decisions or recommendations of the Board were only valid with the concurrence of three members of the Board including the Chairman. (5)

Prison sentences imposed after the passage of the Parole of Prisoners Act, 1966 were divided into a non-parole period (that had to be served) and a parole period (during which the prisoner could be released with conditions.) If the sentence exceeded 12 months. Shorter sentences could optionally be divided this way. (6)

The Board was required to make recommendations for parole periods for currently serving prisoners who had been sentenced prior to the Act unless the court had made a recommendation; and if the Court had made a recommendation the Board was required to issue a ‘parole order’ in each case. The Order would consider the conduct, training, attitude and rehabilitation of the prisoner and determine whether the prisoner should be released on parole; be retained in the prison system or reviewed at a later time. (7) In order to make the appropriate decision the Board was entitled to the necessary facilities for access to the prisoner;
reports concerning their conduct and character;
details of any tenure of the prisoner in a Child Welfare institution; and
other material significant to the Board making a decision. (8)

The Board could specify terms and conditions of the release on parole and require the prisoner to take instructions from a parole officer. The parole order could be revoked or varied during its currency. If revoked the Board could issue a warrant for the arrest and return of the prisoner to gaol for the remainder of the sentence. (9)

The Minister could request that the Board report directly to him on a given prisoner and the Board could on its own initiative report to the Minister on the retention of a prisoner under the Mental Health Act, 1958. (10) The Parole of Prisoners Act, 1966 was proclaimed to commence on 31 January 1967. (11) The first members commenced their appointments on the same date. Justice Philip Harrison Allen was the Chairman, Justice Aaron Levine the Deputy Chairman and Ms Margaret Alison Telfer was the female member. (12)

The Parole of Prisoners (Amendment) Act, 1970 (Act No.33, 1970) varied the rules for the constitution of the Board to allow the Governor to appoint a substitute Board members including Chairman, Deputy Chairman or female Board member. (13) The Act stipulated that an annual report should be made to Parliament (New Section 3A) and for the appointment of a Secretary and other Staff (14) The Secretary's certification of a decision or determination of the Board was authorised as prima facie evidence (15) and the Board members were protected from liability for their actions executed in their official capacity. (16) In addition to revoking and varying Parole Orders the Board also received the power to rescind an Order prior to its commencement. (17)

The Act was amended by the Parole of Prisoners (Amendment) Act, 1981 (Act No.20, 1981) to enable it to make parole orders for those for whom Periodic Detention orders were cancelled and who therefore served the unexpired portion of their sentence in custody. (18) The supervisory function of the parole was carried out by the Parole Service until approximately 30 June 1973 and thereafter by the Probation and Parole Service. The Parole Board [II] was abolished when the Parole of Prisoners Act, 1966-1981 was repealed by the Probation and Parole Act, 1983 (Act No.194, 1983) that commenced on 27 February 1984. (19)

Endnotes
1. Parole of Prisoners Act, 1966, s. 3 (2).
2. Ibid. s. 3 (7).
3. Ibid. s. 3 (4).
4. Ibid. s. 3 (10).
5. Ibid. s. 3 (6).
6. Ibid. s. 4 (2).
7. Ibid. s. 6.
8. Ibid. s. 8.
9. Ibid. s. 6 (3).
10. Ibid. s. 7.
11. NSW Government Gazette No.10, 3 February 1967, pp. 301-302.
12. NSW Government Gazette No.8, 27 January 1967, p.227.
13. Parole of Prisoners (Amendment) Act, 1970 s. 2 new sections 4A-4D.
14. Ibid. New Section 3B of the Principal Act.
15. New Section 3C.
16. New Section 3D.
17. New Section 6 2A.
18. Parole of Prisoners (Amendment) Act, 1981 (Act No.20, 1981), s. 3.
19. NSW Government Gazette No.28, 24 February 1984, p.1233.