Legal Q&A – No Body, No Parole
Ethan Cassidy
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Legal Corner
Hi there, thank you for your question. This information comes from the NSW State Parole Authority:
Under the No Body, No Parole legislation, the NSW Commissioner of Police must provide the NSW State Parole Authority a written report evaluating an offender’s level of co-operation and assistance in identifying the victim’s body or remains.
The legislation applies retrospectively, i.e. for any parole decision made after October 2022, regardless of when the homicide offence or conviction occurred.
How does this legislation impact parole decisions for offenders convicted of homicide?
Community safety is the Parole Authority’s highest priority when making decisions about releasing inmates on parole.
The Crimes (Administration of Sentences) Act 1999 states the State Parole Authority must not make a parole order if it is not satisfied that it is in the interest of community safety.
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Legal Q&A
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Following the “no body no parole” amendment, the State Parole Authority is required to have regard to the written advice of NSW Police about the offender’s level of cooperation and assistance concerning the location of the victim.
This includes an evaluation of the timeliness of the offender’s cooperation; the truthfulness, completeness and reliability of information or evidence provided and the significance and usefulness of the offender’s cooperation.
Therefore, the Parole Authority cannot make a parole order unless it is satisfied that the offender has cooperated satisfactorily in police investigations or other actions to identify the victim’s location.”
Added by About Time:
Similar laws have been introduced in the Northern Territory, Queensland, South Australia, Victoria and Western Australia.
While intended to provide a sense of closure for the family and friends of victims, critics argue that the legislation has serious repercussions for people who are wrongfully convicted. In late 2024, the Bridge of Hope Innocence Project wrote an open letter to the NSW Attorney General, signed by over 100 people, arguing that the law doesn’t effectively incentivise cooperation but instead traps wrongfully convicted individuals in prison, even if they pose minimal risk to society. One high profile example is Lindy Chamberlain-Creighton, who served three years in prison for the murder of her daughter, Azaria. Chamberlain-Creighton was later pardoned when new evidence was found indicating she was innocent.
Following the “no body no parole” amendment, the State Parole Authority is required to have regard to the written advice of NSW Police about the offender’s level of cooperation and assistance concerning the location of the victim.
This includes an evaluation of the timeliness of the offender’s cooperation; the truthfulness, completeness and reliability of information or evidence provided and the significance and usefulness of the offender’s cooperation.
Therefore, the Parole Authority cannot make a parole order unless it is satisfied that the offender has cooperated satisfactorily in police investigations or other actions to identify the victim’s location.”
Added by About Time:
Similar laws have been introduced in the Northern Territory, Queensland, South Australia, Victoria and Western Australia.
While intended to provide a sense of closure for the family and friends of victims, critics argue that the legislation has serious repercussions for people who are wrongfully convicted. In late 2024, the Bridge of Hope Innocence Project wrote an open letter to the NSW Attorney General, signed by over 100 people, arguing that the law doesn’t effectively incentivise cooperation but instead traps wrongfully convicted individuals in prison, even if they pose minimal risk to society. One high profile example is Lindy Chamberlain-Creighton, who served three years in prison for the murder of her daughter, Azaria. Chamberlain-Creighton was later pardoned when new evidence was found indicating she was innocent.
Date Published
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