Parole Board Decision

In the Matter of Corrections Act 1997

and

In the Matter of an application for Parole by T F

11 Decemeber 2020

Reasons for Decision

Offences and Conviction

T F  (the applicant) is currently serving a sentence of imprisonment of 4 years with a non-parole period of 2 years imposed upon conviction on charges of indecent assault.

Parole Eligibility Date

The applicant became eligible to be considered for parole on 5 December 2020.

The applicant appeared before the Board in respect of his application at the hearing on 11 December 2020.

On that occasion the applicant was invited to provide any information he had in support of his application and made himself available for questioning by the Board.

A pre-parole report prepared on behalf of the Board had been read to the applicant prior to his appearance at the hearing.

Registered Victim

There are no registered victims.

Statutory Criteria

In determining the application, the Board has had regard to the following statutory criteria:-

The Corrections Act 1997, s72, establishes a statutory criteria for determining suitability for parole.

S72 (4) specifically provides as follows:

“In determining whether or not a prisoner should be released on parole, the Board is to take into consideration –

• The likelihood of the prisoner re-offending; and
• The protection of the public; and
• The rehabilitation of the prisoner; and
• Any remarks made by the court in passing sentence; and
• The likelihood of the prisoner complying with the conditions; and
• The circumstances and gravity of the offence, or offences, for which the prisoner was sentenced to imprisonment; and
• The behaviour of the prisoner while in prison and, if he or she has been in a secure mental health unit, while in that secure mental health unit; and
• The behaviour of the prisoner during any previous release on parole; and
• The behaviour of the prisoner while subject to any order of a court; and
• Any reports tendered to the Board on the social background of the prisoner, the medical, psychological or psychiatric condition of the prisoner or any other matter relating to the prisoner, including in the case of a prisoner who is or has been a forensic patient any report of the Chief Forensic Psychiatrist; and
• The probable circumstances of the prisoner after release from prison; and
• Any statement provided under subsection (2B) by a victim, or, if subsection (2AB) applies, the parent or guardian of the victim, of an offence for which the prisoner has been sentenced to imprisonment; and
• If the prisoner is a sex offender prisoner, any notice or assessment given to the Board pursuant to section 31(6) or (7) concerning the prisoner's participation or non-participation in appropriate treatment; and
• Any other matters that the Board thinks are relevant.”

When considering the application for parole of a sex offender s31(3)(b) of the Act is also relevant:

• “The Director, on giving the sex offender prisoner the opportunity to participate in the appropriate treatment, is to inform the prisoner that…
• Participation, non-participation or unsatisfactory participation will, if the prisoner becomes eligible for parole, be factors taken into consideration by the Board in determining whether the prisoner should be released on parole.”

Documentation

The Board has had regard to the following documents in considering the application: -

1. The application;
2. Comments on passing sentence;
3. Papers provided by the Director of Public Prosecutions;
4. Prison summary;
5. Record of prior convictions
6. Prison episode summary report;
7. Pre-parole report;
8. Home assessment.

Parole

The system of parole recognises the capacity of some prisoners for change and reform, the benefits of supervision, treatment and program delivery in the community and ultimately the potential this has for the protection of the community by reducing the risk of reoffending and supervising the reintegration of offenders.

When considering eligibility for parole this purpose must be weighed against the risk each prisoner may pose to members of the community if released to serve the remainder of their sentence amongst them and the ability to remove or mitigate that risk by the imposition of appropriate conditions.

In making its decision, the Board carefully considers the circumstances of the victim, and has regard to any statement provided to it by the victim, or the parents or guardians of that victim.

Consideration

The applicant is 86 years of age, but the applicant’s offending relates to historical offences committed between 1964 and 1967 against 2 child victims when he was aged 29 or 30 and was a resident priest at a Catholic school in the North West of Tasmania. The victims were students at the school, but the applicant was only charged with the offences as a consequence of reports made by the victims to the 2017 Royal Commission into Institutional Responses to Child Sexual Abuse which were then referred to police.

It is noted that although the applicant was not charged with the current offences until 2018, one of the victims had made submissions regarding the applicant’s conduct to the Catholic Church’s “Towards Healing” process in 2002. The applicant was removed from the ministry because of his conduct coming to light and since that time has been living a life of retirement and seclusion in New South Wales (NSW).

The applicant had no prior history of offending and in comments on passing sentence her Honour Justice Wood, while noting the offending was a breach of trust at “a profound level”, took into account that since his offending the applicant had continued to teach in schools and deliver pastoral care involving ministries attending the sick and dying, and no further repetition of the crimes had occurred.

The applicant has demonstrated remorse for his offending. As a result of recommendations from the “Towards Healing” process after his offences came to light in 2002, the applicant undertook a 6-month residential treatment program for sex offenders in New South Wales, the Encompass Banksia Program. Information provided confirms this program provided an intensive program utilising an evidence-based cognitive behavioural approach to treatment, with significant overlap of concepts presented in the New Directions program conducted by the Tasmanian Prison Service.

Information from the Encompass Banksia program Director states the applicant had benefited from the program, developing good victim empathy and responsibility for his offending and harm caused to his victims, and had remained in a “Continuing Care Program” for some years after the residential program. Due to his participation in this program, the lack of re-offending since and an assessed below average risk of recidivism, the applicant was not required to undertake the New Directions program during his custodial sentence.

During his custodial sentence, the applicant has maintained minimum security classification and case notes reflect no internal offending and polite and co-operative behaviour.

The applicant has a range of protective factors in place which are relevant to the Board’s assessment of his suitability for parole. He has maintained regular contact with his family in NSW during his custodial sentence and will be supported by family in terms of interim accommodation until he is able to secure permanent accommodation. He has ongoing support from the Marist Brother’s group and community where he resided prior to his imprisonment and, in addition to financial support, will be assisted to secure appropriate long-term accommodation.

The applicant does not report any substance abuse issues but has suffered some health issues in the past due to a previous diagnosis of cancer. The applicant did seek therapeutic intervention in NSW prior to imprisonment for anxiety he experienced because of the outcome of the reports to the Royal Commission regarding his offending.  The applicant reports he is intending to re-establish contact with the psychologist in NSW if released on parole.

The applicant’s long-term risk of sexual recidivism has been assessed under the Static 99R sex offender risk assessment tool as in the below average risk range. The pre-parole report indicates Community Corrections have assessed the applicant as suitable for parole as the applicant has demonstrated insight into how his offending may have impacted his victims, has reportedly benefited greatly from the extensive program he completed relating to his offending behaviour, and has an extensive support network in NSW.

If granted parole, the applicant is seeking a transfer of his parole order to New South Wales where he resided prior to his incarceration to enable him to return to reside with family and access support networks. Approval for the transfer of any parole order has been given by Corrective Services NSW.

Based on the factors noted above, the Board has determined the applicant is suitable for a parole order.

The Board’s determination

Parole Granted

Special Conditions

Subject to the normal conditions of a parole order but additionally:

Must not be in the company of a person under the age of 16 unless accompanied by a responsible adult

Must comply with all conditions and requirements of the Child Protection Register (NSW)

Must submit to electronic monitoring on arrival in New South Wales and comply with all instructions regarding electronic monitoring.

Paroled from 21 December 2020 - 5 December 2022