The NSW Victims Register needs to be more transparent

The legal loophole that prevents the justice system from warning victims of crime in NSW that their convicted assailants are being considered for release wrongheadedly puts the interests of convicted criminals over their victims, many of whom are still fearful or suffer ongoing trauma.

Authorities take the feelings of victims into account when considering parole, but cannot contact them. That responsibility lies with the Corrective Services NSW Victims Register, but a catch-22 prevents them from taking action unless victims previously agree to being contacted.

The opt-in system is causing heartache for victims of criminals jailed for 12 years or more.

The anomaly came to light this week when an off-duty police officer, bashed with a brick in May 2009 by drug addict Roderick Holohan, who was sentenced to 21 years jail, found out her assailant was being considered for release. Former sergeant Samantha Barlow was left in the dark until the 11th hour, when a friend contacted her about Holohan.

A year ago, Barlow was furious to learn Holohan’s future in jail was under consideration and, fearing their paths could cross if he was released, she hurriedly complied a statement for authorities to keep him inside. “At a time when there is bipartisan support to do something about violence against women at both state and federal level, a known violent criminal who attacked me whilst on parole for an earlier crime is being considered for a return to the community,” Barlow told the Herald after learning Holohan was up for release again.

Holohan, who was 39 when he attacked Barlow, spent years behind bars for violent assaults, often on women. The Serious Offenders Review Council has concluded Holohan should be recommended for release and its recommendation has gone to the State Parole Authority. The State of NSW has formally opposed his release and the SPA will decide his fate at a later date.

Corrective Services NSW, which oversees the register, said it is “extremely distressing” for some victims when parole approached. It does not contact people who have not opted in to avoid causing unnecessary anguish.

Barlow, who returned to work after the attack but later left the force, said the system was back to front. “People who have just been through the most traumatic experience in their lives … are expected to possess the logical thinking required to become part of a body that will one day be called upon in relation to parole five, 10 or 15 years later,” she said.

NSW Premier Chris Minns has promised to change the Victims Register, prompted by the Herald ’s story on Barlow. “The system isn’t good enough, so I’d like to see changes because we need to be completely transparent with victims of crime,” Minns said.

As it stands, many victims are slipping through the cracks. The current system needs to be reversed, with the opt-in provision cancelled in favour of an opt-out option, ensuring regular contact with victims to check whether they had changed their minds.

Bevan Shields sends an exclusive newsletter to subscribers each week. Sign up to receive his Note from the Editor.