New South Wales Consolidated Regulations

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Classes of inmates who may be released on parole by Commissioner

330 Classes of inmates who may be released on parole by Commissioner

(1) For the purposes of section 276(1)(a) of the Act, the following classes of inmates are prescribed--
(a) an inmate whose health is at higher risk during the COVID-19 pandemic because of an existing medical condition or vulnerability, other than an excluded inmate,
(b) an inmate whose earliest possible release date is within 12 months, other than an excluded inmate.
(2) The Commissioner may make an order under section 276 releasing an inmate on parole only if satisfied that it does not pose an unacceptable risk to community safety.
(3) In this clause--

"earliest possible release date" , in relation to an inmate, means the first date on which the inmate is entitled to be released from custody or becomes eligible for release on parole.

"excluded inmate" means any of the following--
(a) a national security interest inmate,
(b) a male inmate classified as Category AA, A1, A2 or E1,
(c) a female inmate classified as Category 5 or 4 or E1.
Note : Under section 276(1) of the Act, the Commissioner may release an inmate on parole if the inmate belongs to a class specified in this clause and if the Commissioner is satisfied that it is reasonably necessary because of the risk to public health or to the good order and security of correctional premises arising from the COVID-19 pandemic. Section 276(3) of the Act provides that certain inmates may not be released on parole by the Commissioner and section 276(4) of the Act requires the Commissioner to consider various factors before releasing an inmate on parole.

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