Hi there. If a person is found guilty of an offence and a court has sentenced that person to a term of imprisonment not exceeding two years, a court may order that the person be subject to an intensive correction order (ICO) rather than go to jail. An ICO carries a number of conditions that the person must comply with. These conditions include not committing any offence, residing only at an approved premises, undergoing drug and alcohol testing, undertaking community service, and several other conditions that restrict the person’s behaviour.

A person will breach their ICO if they fail to comply with any of its conditions. If a serious breach occurs, the Parole Authority may revoke the ICO, in which case the person will go to jail to serve the remainder of their original prison sentence.

From the information you provided, it appears that your partner’s ICO was revoked as a result of a breach and he has been jailed. When an ICO is revoked, the law says that the Parole Authority must meet within 28 days to reconsider their decision to revoke the ICO. At this meeting, your partner has the option of making submissions to the Parole Authority regarding his circumstances and why they should reverse their decision to revoke the ICO. More details about how your partner can make these submissions can be found on the “revocation notice” he received from the Parole Authority.

Alternatively, your partner can apply to the Parole Authority to have his ICO reinstated if the following conditions are satisfied:

1. A person must wait until they have spent at least 1 month in prison before applying for their ICO to be reinstated.
2. The application must state what the person has done, or is doing, to ensure that they will not fail to comply with their obligations under the ICO if it is reinstated.
3. The Commissioner of Corrective Services must approve the person’s suitability for an ICO.

Alternatively, your partner may be able to apply to the Parole Authority for a home detention order (instead of reinstatement of his ICO) for the remainder of his sentence.

If your partner is unsuccessful in dealing with the Parole Authority, he may have a limited right to have the matter dealt with by the Supreme Court of NSW.

Suggested way forward

Your partner has a number of options for having the decision to revoke his ICO reviewed and/or reversed. You or your partner should contact the NSW State Parole Authority to discuss the above options (www.paroleauthority.nsw.gov.au). You may also want to consider speaking to a lawyer who can help you understand your partner’s options and the best way forward. By pressing the “Consult a Lawyer” button, LawAdvisor can help you search for experienced lawyers and obtain fee proposals for their services. Costs for legal advice and representation will vary between providers based on experience and the scope of services.