Our approach is strategic, evidence-based and tailored to the individual circumstances of each matter.

We recognise that parole proceedings are not simply about the time already served. They require careful consideration of the circumstances of the offending, conduct in custody, rehabilitation, community safety and whether an appropriate plan for release can be established.

A parole decision can shape your future. Preparation matters.

What Is a Parole Hearing?

Parole is a mechanism through which a person serving a sentence of imprisonment may be released into the community under supervision and subject to conditions before the end of their sentence.

In NSW, the relevant process depends on the sentence imposed and the applicable legislative arrangements.

For eligible prisoners whose parole is determined by the NSW State Parole Authority (SPA), the Authority considers whether release is appropriate under the Crimes (Administration of Sentences) Act 1999 (NSW).

The paramount consideration is community safety. The Authority must not direct an offender's release on parole unless satisfied that release is in the interests of community safety.

A parole hearing may arise where the Authority lists a matter for a public review hearing following its initial consideration of the case. These hearings provide an opportunity for relevant information and submissions to be considered.

Not every parole decision involves an attended hearing. Some matters are considered in closed meetings, and the process and available review mechanisms depend on the circumstances of the case.

At Chidiac & Associates, we help clients understand the process, prepare relevant material and present submissions addressing the issues that may influence the decision.

The NSW State Parole Authority

The State Parole Authority is an independent statutory body responsible for making parole decisions within its jurisdiction.

In determining whether release is appropriate, the Authority considers community safety alongside a range of relevant matters, including:

• The nature and circumstances of the offence.
• The sentencing Court's comments and intentions.
• The offender's criminal history.
• Conduct and progress during imprisonment.
• Participation in relevant rehabilitation and treatment programs.
• Risk assessments and relevant psychological or psychiatric reports.
• Pre-release planning and reports from Community Corrections.
• The proposed accommodation, supervision and support arrangements.
• The likely impact on victims and their families.
• Any other matters relevant to the statutory decision.

The weight given to particular considerations depends on the individual case.

A parole submission must do more than describe an offender's personal circumstances. It should address the relevant concerns, be supported by appropriate material and demonstrate why the proposed release arrangements are consistent with the statutory requirements.

Our Approach to Parole Representation

1. Assessing the Parole Position

We begin by reviewing the client's circumstances, sentence, parole eligibility date and the procedural stage reached before the Authority.

This may involve examining the sentencing remarks, criminal history, relevant reports and available information about the Authority's consideration of the matter.

We identify the issues that require attention and advise on the available procedural options.

2. Preparing Written Submissions

Written submissions provide an opportunity to explain why parole should be granted or why a refusal decision should be reconsidered, where a review mechanism is available.

Depending on the circumstances, submissions may address:

• Progress towards rehabilitation.
• Conduct and participation in programs while in custody.
• Relevant treatment and counselling.
• Evidence of insight into the offending and efforts to address contributing factors.
• Risk assessments and relevant expert opinions.
• Proposed accommodation and employment or other structured activities.
• Family and community support.
• Arrangements for supervision and compliance with parole conditions.
• Responses to concerns raised in reports or by the relevant authorities.

We prepare submissions directed to the issues that matter, supported by the material available and tailored to the applicable process.

3. Evidence of Rehabilitation

Evidence of rehabilitation can be an important component of a parole matter.

Depending on the individual circumstances, relevant material may include records of program participation, educational achievements, vocational training, treatment engagement, behavioural progress and expert assessments.

We assess the available material to identify evidence that is relevant to the client's progress, current circumstances and proposed release.

Where concerns remain, we consider how they should be addressed honestly and appropriately in the submissions.

4. Developing a Practical Release Plan

A release plan should demonstrate that the proposed transition into the community has been considered carefully.

Depending on the case, relevant arrangements may include:

• Suitable and stable accommodation.
• Employment, education or structured daily activities.
• Access to treatment or counselling.
• Family or other community support.
• Proposed supervision arrangements.
• Strategies for managing identified risks and complying with parole conditions.

We consider the available information and assist in presenting relevant arrangements clearly. The suitability and weight of any plan will depend on the circumstances and the Authority's assessment.

5. Representation at Review Hearings

Where a public review hearing is listed and legal representation is appropriate, we prepare the matter for hearing and present submissions addressing the relevant issues.

This may involve responding to concerns raised by the Authority, addressing material in reports, explaining the proposed release arrangements and answering questions concerning the client's circumstances and suitability for release.

Our focus is on clear, considered advocacy supported by the available evidence.

6. Advice Following a Parole Decision

If parole is refused, it is important to understand the reasons for the decision and the options that may be available.

Depending on the circumstances, this may involve considering review procedures, a future parole consideration date or whether a request for earlier consideration may be available under the applicable legislation.

We provide advice directed to the particular decision and the steps that may be taken next.

Understanding the Parole Process in NSW

Initial Parole Consideration

For prisoners whose parole is determined by the State Parole Authority, the process generally begins before the parole eligibility date. The Authority considers relevant material, which may include sentencing remarks, risk assessments, custodial records, rehabilitation progress and pre-release reports.

The prisoner does not ordinarily attend this initial closed meeting.

Intention to Grant or Refuse Parole

Following its consideration, the Authority may form an intention to grant or refuse parole, depending on the applicable procedure and circumstances.

For certain serious offenders, an intention to grant parole may lead to a public review hearing. Where an intention to refuse parole is formed, the available review process depends on the statutory framework and the nature of the decision.

Public Review Hearing

Where a review hearing is listed, the Authority considers relevant material and submissions in accordance with its procedures.

The prisoner may have the opportunity to participate and be represented. The hearing may also involve submissions from the State, relevant authorities and registered victims, depending on the circumstances.

The Authority assesses the information before it and determines the appropriate outcome.

Decision and Conditions

If parole is granted, release is subject to the applicable conditions. These may include supervision, reporting obligations, restrictions on conduct and other requirements imposed under the relevant legal framework.

If parole is refused, the decision and applicable legislation determine what happens next, including any review options and future consideration.

The procedure can differ significantly depending on the sentence, the offender's classification and the nature of the parole matter.

Parole Refusal and Review Proceedings

A refusal of parole can be deeply distressing, particularly where an individual has spent considerable time preparing for release and rebuilding relationships with family and the community.

However, a refusal does not necessarily mean that no further options exist.

The appropriate response depends on the nature of the decision, the reasons given and the applicable legislative provisions.

Our approach may include:

• Reviewing the Authority's decision and recorded reasons.
• Identifying the concerns that led to the refusal.
• Assessing whether a review mechanism is available.
• Considering additional evidence or material that may address the identified concerns.
• Preparing submissions for a review or future consideration, where appropriate.
• Advising on the applicable timeframes and procedural requirements.

In certain circumstances, an earlier reconsideration may be possible under a specific statutory mechanism. Whether that option is available depends on the particular case and should be assessed carefully.

We provide clear advice about the options available rather than assuming that every refusal can be challenged through the same procedure.

Why Choose Chidiac & Associates?

Strategic Preparation

We identify the issues relevant to the parole decision and develop submissions directed to the applicable legal framework.

Evidence-Based Advocacy

We focus on presenting relevant material concerning rehabilitation, risk management, support arrangements and the proposed transition into the community.

Individualised Advice

Every parole matter has its own history, challenges and considerations. We assess the individual circumstances rather than relying on a generic approach.

Clear and Candid Guidance

We explain the process, the potential obstacles and the available options, including where the law limits what can be done.

Professional Representation

We approach parole proceedings with discretion, preparation and a commitment to presenting our clients' circumstances clearly and appropriately.

Preparing for Parole? Start Early.

Parole consideration can involve extensive reports, risk assessments, rehabilitation records and release planning. Preparing this material takes time, and some matters require careful attention well before a review hearing is listed.

If you or a family member is approaching parole consideration, has received notice of a review hearing or has been refused parole, obtaining advice can help clarify the process and the options available.

At Chidiac & Associates, we assist clients in understanding their position, preparing relevant submissions and addressing the issues that may influence a parole decision.

Chidiac & Associates — Prepared. Strategic. Resolute.