Juveniles subject to a detention order of 3 years or less are taken to be subject to a “statutory parole order”, directing their release on parole when the non-parole period ends (or when otherwise eligible), unless also subject to a detention order greater than 3 years: s 44 CDCA.

The court considers parole for juveniles subject to a detention order greater than 3 years: s 45.

The court must do so at least 60 days before the parole eligibility date: s 45(1). Consideration of parole may be deferred until not less than 21 days before that date if the court opines it cannot complete its consideration because a required report has not been provided, or that other relevant matters require further consideration: s 45(2).

Note:

Special provision is made for terrorism related offenders: see [42-160]] below.

A parole order must not be made unless the court is satisfied it is in the interests of community safety: s 46(1). In considering that issue, the rehabilitation and re-integration of the juvenile may be highly relevant: s 46(2). Other matters the court must consider include:

Clause 91 of the Children (Detention Centres) Regulation 2015 (Regulation) identifies the material that must be contained in a parole report prepared by a juvenile justice officer.

If the juvenile has provided post-sentence assistance (defined in s 46(7)), the court may consider the nature and extent of the assistance and the degree to which it demonstrates the juvenile’s rehabilitation: s 46(4).

The court must also take into account any submissions concerning parole made by:

The court may make a parole order for a juvenile who is otherwise ineligible for parole if they are dying or there are exceptional extenuating circumstances: s 47.

A juvenile can only be released on parole in accordance with a parole order directing their release, and must be released no later than the date specified: ss 43, 50. The sentence continues to run while the juvenile is on parole: s 51.

In determining the date of release for a juvenile convicted of an offence involving violence (see s 49(2)), the court must consider the potential trauma to a victim and their family if they are released on the anniversary of the commission of the offence: s 49(1).

Parole orders are subject to standard conditions which the court cannot revoke or vary: s 53(1), (5).

The court also has power to impose, vary or revoke additional conditions: s 53(2). In determining whether to do so, the court must have regard to whether the imposition, variation or revocation:

Standard conditions are in either Pt 4C CDCA or the Children (Detention Centres) Regulation 2015.

The standard conditions in the Regulation require the juvenile to:

The standard conditions in Pt 4C include:

An exemption from supervision can be made in exceptional circumstances: s 56(1). The exemption may be unconditional, or subject to conditions, but the exemption order must specify why it was granted: s 56(2), (3).

Conditions that may be imposed in addition to the standard conditions include:

Under Pt 4C, Div 6, the court has the power to revoke a statutory parole order and any parole order made by the court on its own initiative or upon recommendation by a juvenile justice officer or, in particular situations, the Secretary.

Parole orders may be revoked by the court:

The Attorney General, Minister or Director of Public Prosecutions may also request the court revoke parole for a juvenile sentenced for a “serious children’s indictable offence” (defined in s 3(1) CCPA) if the parole order was made on the basis of false, misleading or irrelevant information: s 69.

A court may revoke parole before the juvenile’s release if satisfied:

A court may revoke parole any time after the juvenile’s release if satisfied:

If the court is satisfied a juvenile failed to comply with their parole obligations, it may:

While the court is not required to hold a hearing before revoking a parole order or taking action in relation to non-compliance, it is required to hold a hearing within 28 days of giving the juvenile notice of the revocation: s 67. The procedure for hearings is set out in Pt 4C, Div 8: see [42-140].

If a juvenile alleges parole was revoked because of false, misleading or irrelevant information, they may apply to the Supreme Court for a direction to be given to the Children’s Court: s 70(1). The Supreme Court does not have power to consider the merits of the court’s decision except on the basis identified in s 70(1): s 70(4).

If the court refuses or revokes parole, a juvenile may apply for reconsideration (under ss 72 or 73 respectively) and, in either case, the court must specify:

If the court has revoked parole, it may defer determining any matters in s 73(1)(a)–(c) for up to 3 months, and may defer determining any of those matters on one or more occasions: s 73(1)(d), (2).

A juvenile may apply for parole after it has been refused or revoked, or if a decision has been deferred: s 74(1); see also s 75. Such an application should usually only be made on or after the date specified by the court: s 74(1)(a). However, applications may be made at any time after the refusal or revocation if:

An application may be supported by written submissions: s 74(3).

The court must set a hearing date (to occur as soon as practicable) and notify the juvenile of the date, time and place for the hearing: s 74(4). However, the court may refuse to consider frivolous, vexatious or meritless applications: s 74(5).

The court must keep a record of the proceedings: cl 107C Regulation.

The court must record its reasons for making a decision concerning parole: s 95(1). The reasons must address those matters required to be taken into account under Pt 4C: s 95(2).

Decisions by the court under Pt 4C are final: s 96.

Part 4C, Div 5 contains special provisions concerning terrorism related juveniles. Those provisions extend to juveniles engaging in, or inciting or assisting others to engage in, terrorist acts or violent extremism in NSW, any other part of Australia or in any other country: s 58(2).

Division 5 applies to a juvenile who:

Note:

Division 5 applies in addition to, and despite anything to the contrary in, any other provision of or made under Pt 4C: s 61(3).

The court must not grant parole to a terrorism related juvenile unless satisfied the juvenile will not engage in, or incite or assist others to engage in, terrorist acts or violent extremism: s 60(1).

When deciding whether or not to release a terrorism related juvenile on parole, the court must have regard to any credible information concerning the risk of the juvenile engaging in, or inciting or assisting others to engage in, terrorist acts or violent extremism: s 61(1). In making such a decision, it is appropriate for the court to have regard to advice from the NSW Police Force or any other public authority, Australia-wide, established for law enforcement, security or anti-terrorist purposes: s 61(2).

Parole orders under s 47 may be made if the juvenile is dying or there are other exceptional, extenuating circumstances: s 61(4).

A parole order may be revoked or suspended if the court becomes aware the juvenile has engaged in, or incited or assisted others to engage in terrorist acts or violent extremism: s 60(2)‒(4).