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Legal Corner

An Overview of the New Commonwealth Parole Laws

What you need to know about the upcoming changes

By

Prisoners’ Legal Service QLD

The Prisoners’ Legal Service is an independent, not-for-profit community legal centre dedicated to helping people in prison.

Ethan Cassidy

On 1 April 2026, the Australian Parliament passed new laws which will change the way Commonwealth parole works.

‍

The new laws are not in effect yet, but they will be by 9 April 2027 at the latest. The laws may take effect sooner if the Government sets an earlier date.

‍

New Independent Body

The main change under these laws is that the Commonwealth Parole Board will replace the Attorney-General of Australia as the parole decision-maker for prisoners serving federal sentences.

‍

The Commonwealth Parole Board will be an independent body and must consist of at least five members:

  • The Chair;
  • The Deputy Chair; and
  • At least three other members, known as “sessional members”.

‍

The Board will be made up of experts from a range of professions and experience including:

  • legal professionals
  • law enforcement
  • corrective services staff
  • victims of crime advocates
  • psychologists
  • other community safety experts.

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This change means the Commonwealth will have an independent parole authority rather than an elected official making decisions.

‍

New Deferral Power

As a general rule, the Commonwealth Parole Board must make a parole decision before the end of a prisoner’s “non parole period”.

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However, the Commonwealth Parole Board can “defer” their decision for up to three months after the end of the “non-parole period”.

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If the Commonwealth Parole Board defer a parole decision, they must give the prisoner notice of the deferral within 14 days explaining the reasons for the deferral and the date by which they must make a decision.

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New Power to Rescind Parole (Take Back) Before Release

The Commonwealth Parole Board can rescind (take back) a grant of parole during the period between a parole order being granted, and a person’s release date.

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This means they have the power to change their mind, after making the decision but before releasing someone on parole. This is different to “revoking” a parole order, which happens after someone is released on parole.

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The Commonwealth Parole Board can rescind parole prior to release where they are satisfied that:

  • the person would pose a serious identifiable risk to the community if released, where such a risk cannot be sufficiently mitigated; or
  • the person would pose a serious and immediate risk to their own safety if released, where such a risk cannot be sufficiently mitigated; or
  • the prisoner has requested the rescinding of their own parole order; or
  • there has been a substantial change in a matter that was considered when making the parole order.

‍

If the Commonwealth Parole Board rescind parole prior to release, they must give the prisoner notice of the rescission as soon as practicable explaining:

  • why the decision was made; and
  • inviting them to make submissions within 14 days about why the decision should not have been made.

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What Has Not Changed

Prisoners serving federal sentences will not need to apply for federal parole. Parole decisions will happen automatically.

‍

The Commonwealth Parole Board can consider the same factors about whether to grant or refusal parole.

This
article
was originally printed in the
August 2026
edition of About Time.
This is from a booklet of legal information from an anonymous prisoner.
This is from a booklet of legal information from an anonymous prisoner.

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