Policy Bulletin 2023/13 Crime Extended Legal Assistance: Applications to vary conditions of parole orders and Intensive Correction Orders

6 November 2023

The Legal Aid NSW Board has approved the creation of two new categories of Crime Extended Legal Assistance (ELA) in state parole matters, being:

• applications to the State Parole Authority to vary a condition of a parole order
• applications to the State Parole Authority (SPA) to vary a condition of an Intensive Correction Order (ICO).

Background

Legal Aid NSW has recently observed an increase in requests for assistance to vary conditions of parole orders and ICOs. This has in part arisen from the work we are doing to provide people on parole orders and ICOs with additional assistance and guidance to improve their prospects of successfully completing their order. This work is part of our Closing the Gap strategic plan and aims to reduce the number of Aboriginal offenders who are imprisoned for breaching their parole orders and ICOs.

Providing this work as an ELA recognises the level of work involved which in turn means it is recorded and reported on accurately.

ELA is provided on an inhouse basis only and is available for applicants who meet the ELA Means Test and the ELA Merit Test.

Applicants in state parole matters are deemed to be vulnerable by virtue of their circumstances.

What has changed?

ELA is now available to assist applicants to make applications to the SPA to vary or remove a condition or a parole order or ICO.

For details of the policy, see Crime Extended Legal Assistance- Crime core areas of legal aid work – 2. State Parole Matters

Commencement date

The change applies to applications determined on or after 4 December 2023.

Contact for further information

Email Client Eligibility Unit.