Administration of Sentences - NSW Ombudsman - NSW Government

search. Further, we suggest that it would be appropriate for more detailed reports to be made in instances where
force has been used against a person, or a person has been detained or arrested.
As well as enabling the department to develop a better understanding of the effectiveness of the stop, detention and
search powers, better record keeping will also enable the department to:
• provide more detailed and reliable information to police and courts if an offence is suspected of being
committed
• improve the way it investigates complaints about the use of powers by correctional officers
• determine whether there are any factors that prevent officers from complying with relevant legislative and policy
provisions, and
• determine whether further training of, or guidance to, correctional officers is necessary.
While we note that improving record keeping will have an impact on officers’ time, we do not feel that the additional
reporting requirements are likely to be overly onerous or time consuming.
The right of victims of serious offences to make oral submissions at
parole hearings
Prior to February 2003, victims of serious offences could make a submission to the Parole Board about the possible
release of an offender on parole, in writing. Alternatively, and only with the approval of the Parole Board, victims could
make submissions orally at the parole hearing. With the commencement of the Crimes (Administration of Sentences)
Amendment Act 2002 victims of serious offences were given the right to make an oral submission about the possible
release of an offender on parole, without requiring the prior approval of the Parole Board.
Significant findings
People entitled to make a submission
The Crimes (Administration of Sentences) Act specifies who can claim to be a victim (or a family member of a victim)
for the purposes of becoming registered on the Department of Corrective Services Victims Register. Inclusion on
this register is a prerequisite for being provided with certain information about an offender, and making a victim
submission when the offender is eligible to be released on parole.
The definition of victim in this legislation is considered by some stakeholders to be problematic because it:
• precludes some people who believe they are legitimate victims of an offender from making a victim submission
• provides no guidance about who may claim to be a family representative of a victim
• does not enable more than one family member to register as a victim
• is different to the definition of victims, and family members of victims, in other legislation in NSW concerning
victims of crime and their rights.
We were advised that in practice the Victims Register and Parole Board use discretion to determine who is eligible to
be listed on the register, whether to allow more than one family member to register, and whether additional interested
parties may make victim submissions.
To overcome stakeholders’ concerns, and ensure the Parole Board does not act contrary to the legislative provisions
in allowing particular people to make a submission, we recommend that the definition of victim should be amended.
We note that any new definition should be specific enough so that victims and offenders can be reasonably clear
about who would be eligible to be registered as a victim, but flexible enough to cater for victims, families or affected
people in unusual circumstances.
Victims who choose to make a submission
The Department of Corrective Services does not keep records about the characteristics of people who choose to
register on the Victims Register. Nor does the Parole Board keep records about who makes a victim submission.
Members of the Parole Board advised us it is their perception that:
• the most common offences for which people make a victim submission are murder, and sex offences,
particularly sex offences against children
NSW Ombudsman
Review of the Crimes (Administration of Sentences) Amendment Act 2002 and Summary Offences Amendment (Places of Detention) Act 2002 iii