New Parole Laws: ‘No Body, No Parole’ in New South Wales

Following on from our previous article on the Chris Dawson ‘No Body, No Parole’ Laws, the NSW Government has now proposed a Bill in New South Wales that would preclude offenders from getting parole if they refuse to disclose information or assistance to locate their victim’s remains.

But for the new NSW no body no parole laws, NSW parole laws do not automatically preclude parole to offenders who fail to disclose the remains of their victim’s. Failure to provide information or assistance in locating their victim’s remains is but one of many factors that the Parole Authority would consider in making a final decision as to whether or not to grant parole.

The new proposed NSW Bill on no body no parole, which is expected to come into effect shortly, joins the other States such as Queensland, South Australia and Victoria to refuse parole to offenders who fail to provide this assistance.

Section 135(3)(a) of the Crimes (Administration of Sentences) Act 1999 (NSW) outlines that an offender’s failure to disclose the location of their victim’s remains is as a factor in determining whether or not it will be in the interest of the safety of the community to grant parole.

The new Bill, also referred to as ‘Lyn’s law’ is in direct response to the Chris Dawson case, where Mr. Dawson was found guilty of murdering his wife Lynette Dawson almost 40 years after her disappearance.

While maintaining his innocence, 74-year-old Dawson has not provided any assistance in locating Lynette’s body.

But for the new Bill on the ‘no body no parole’ laws in New South Wales, Dawson will be eligible for parole at the expiration of a non-parole period.

Dawson’s first sentence hearing date is next listed on the 11 November 2022 for submissions by both prosecution and defence. The matter will likely then be adjourned to a further date for sentencing when His Honour Justice Harrison will impose a sentence.

How Do the New ‘No Body No Parole’ Laws in NSW Work?

The new ‘no body no parole’ rules in NSW are said to “make it impossible for offenders who wilfully and deliberately refuse to disclose information about their victim’s remains, to be granted parole” said NSW Premier Dominic Perrottet.

He also said, “These laws are to stop inmates convicted of murder or homicide offences from getting parole unless they co-operate with police to end the torment of families and return to them the remains of their loved ones.”

Effectively, the new laws mean that the NSW State Parole Authority cannot grant parole unless satisfied that the offender has cooperated satisfactorily in identifying the victim’s location.

How does the Parole Authority determine this? The Parole Authority will take into account any written advice from the Commissioner of NSW Police Force and other relevant information.

Would the new ‘no body no parole’ laws in NSW apply retrospectively or prospectively? The new laws will apply to all existing and future inmates in New South Wales. This captures all convicted offenders who haven’t yet been considered for parole.

Issues to Consider

Whilst this new law strengthens the parole laws in New South Wales, it also creates potentially disastrous consequences for those who are wrongfully convicted, which can and does occur in Australia.

About Jimmy Singh

Mr. Jimmy Singh is the Principal Lawyer at Criminal Defence Lawyers Australia - Leading Criminal Lawyers in Sydney, Delivering Exceptional Results in all Australian Criminal Courts.

Related articles

See all articles

Is Euthanasia Legal in Australia?

Criminal Defence Lawyers Australia 29th November 2023

What is the Youth Koori Court?

Poppy Morandin 29th November 2023

What is a Mandatory Disease Testing Order?

Poppy Morandin 27th November 2023

Sextortion in Australia

Poppy Morandin 22nd November 2023

FEATURED ON:

  What Our Clients Say

I was represented by Emerson Lamarre from CDLA for driving offences and possession of weapon charges which he got all chargers dropped for me. I could not have asked for… (read full review) By B.F. from Sydney on 22/11/2023
I am incredibly grateful to Alex and Emerson, who provided exceptional representation in my recent court case. Their extensive expertise and strategic approach gave me the best result in court.… (read full review) By J.C. from Sydney on 27/11/2023
Ibrahim and Emerson were amazing as my lawyers for court. They were professional, knowledgeable, and provided excellent support throughout my whole case. They went above and beyond to make sure… (read full review) By E.A. from Sydney on 24/11/2023
Nothing but 5 star service and professionalism from Sean of CDLA. He is empathetic and sincere and experienced in the criminal justice system. My case was won all because of… (read full review) By M.A. from Sydney on 24/11/2023
I hired Emerson from Criminal Defence Lawyers Australia for my case. I am satisfied with the decision and now I am free from the criminal record. Thank you for your… (read full review) By Y.K. from Sydney on 23/10/2023

Free Conference Booking Form

Follow Us