Legal Q&A – No Body, No Parole
Ethan Cassidy
Donate Here
•
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.
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.
•
Legal Q&A
Do you have a general legal query that you want answered?
Is there an area of law that you think people inside should know more about? Submit your question in the provided form, and we might publish an answer in the paper.
Submit Your Question
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.
Do You Have a Right to Legal Representation?
Do You Have a Right to Legal Representation?
Do You Have a Right to Legal Representation?
By Daniel Vansetten
By Daniel Vansetten
If you believe your right to a fair trial has not been provided, you should seek advice from a lawyer.
Legal Corner
ISSUE NO. 7
•
5 MIN READ
Law and Healthcare: Why Can’t I Get My Usual Prescriptions From Prison?
Law and Healthcare: Why Can’t I Get My Usual Prescriptions From Prison?
Law and Healthcare: Why Can’t I Get My Usual Prescriptions From Prison?
By Prisoners' Legal Service Queensland
By Prisoners' Legal Service Queensland
There is a lot of talk about human rights in prison – with things like ‘the Mandela Rules’, ‘the principle of equivalence’, and access to health care without discrimination.
Legal Corner
ISSUE NO. 21
•
2 MIN READ
Understanding Australia’s Legal System: How Legislation and Common Law Work Together
Understanding Australia’s Legal System: How Legislation and Common Law Work Together
Understanding Australia’s Legal System: How Legislation and Common Law Work Together
By Daniel Vansetten
By Daniel Vansetten
Australia has two sources of law: legislation and common law. Legislation is made by parliaments and is available in documents called acts. Common law is made by judges in court decisions and covers areas that have not been legislated.
Legal Corner
ISSUE NO. 11
•
4 MIN READ
Legal Q&A
Legal Q&A
Legal Q&A
Question from someone imprisoned in VIC
Question from someone imprisoned in VIC
There are lots of reasons why people may get lighter or heavier sentences than someone else who has committed the same crime.
Legal Corner
ISSUE NO. 15
•
2 MIN READ
Inspectors’ Report!
By About Time
Inspectors and ombudsmen regularly go to prisons and publish reports on what they find and what they think needs to be improved. They also complete reports on issues such as access to healthcare or the use of segregation.
Legal Corner
ISSUE NO. 23
•
4 MIN READ
The Parole Patchwork: An Overview of Australia’s Parole Laws
By Human Rights Law Centre lawyer Monique Hurley, with assistance from Connor Shaw
In recent years, regressive reform of parole laws in many places has made it increasingly difficult for people in prison to access parole.
Legal Corner
ISSUE NO. 23
•
4 MIN READ
Open Air in Prison: Your Rights Explained
By Human Rights Law Centre and Prisoners’ Legal Service
With people in prisons across the country being subjected to an “epidemic of prison lockdowns”, it is important to note that bare minimum safeguards exist in law, in most jurisdictions, that purport to guarantee at least some time ‘in the open air’ each day for people behind bars.
Legal Corner
ISSUE NO. 22
•
5 MIN READ
Law and Healthcare: Why Can’t I Get My Usual Prescriptions From Prison?
By Prisoners' Legal Service Queensland
There is a lot of talk about human rights in prison – with things like ‘the Mandela Rules’, ‘the principle of equivalence’, and access to health care without discrimination.
Legal Corner