Part 1AExtended supervision orders
Cancellation, variation, and suspension
107MSentencing court may cancel extended supervision order
At any time after an extended supervision order has come into force, the offender who is subject to the order, or the chief executive, may apply to the sentencing court to cancel the order on the grounds that the offender poses neither a high risk of committing a relevant sexual offence, nor a very high risk of committing a relevant violent offence, within the remaining term of the order.
On receipt of an application for cancellation, the Registrar of the sentencing court must set the matter down for hearing.
The applicant for cancellation must, as soon as practicable, serve on the other party—
- a copy of the application:
- notice of the date of the hearing.
The sentencing court may order the cancellation of an extended supervision order only if the applicant satisfies the court, on the basis of the matters set out in section 107IAA, that the offender poses neither a high risk of committing a relevant sexual offence, nor a very high risk of committing a relevant violent offence, within the remaining term of the order.
Section 107G(7) and (8) applies to proceedings under this section.
If the sentencing court declines to order the cancellation of an order, the court may at the same time, and on its own initiative or on application by the chief executive, order that the offender not be permitted to apply under this section for a specified period of not more than 2 years.
Notes
- Section 107M: inserted, on , by section 11 of the Parole (Extended Supervision) Amendment Act 2004 (2004 No 67).
- Section 107M(1): amended, on , by section 21(1) of the Parole (Extended Supervision Orders) Amendment Act 2014 (2014 No 69).
- Section 107M(4): replaced, on , by section 21(2) of the Parole (Extended Supervision Orders) Amendment Act 2014 (2014 No 69).


