Parole allows a person to serve part of their prison sentence in the community. The idea is that parole provides people with a structured, supported and supervised transition from prison back into the community. In recent years, regressive reform of parole laws in many places has made it increasingly difficult for people in prison to access parole.

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Each state and territory has an independent parole authority that makes decisions about whether to grant, deny, defer or cancel a person’s parole pursuant to the relevant governing law. Some jurisdictions have automatic parole where a person does not need to apply for their first parole hearing. In contrast, others do not have automatic parole and people in prison must make an application to be considered for release on parole.

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Parole laws in each jurisdiction differ, are not always straightforward and can be challenging to navigate. A high-level summary of parole eligibility can be viewed across the green boxes on the following page.

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In most jurisdictions, “no body no parole laws” exist and generally provide that the parole authority must not release a person sentenced to life on parole unless they are satisfied that the person has satisfactorily cooperated in the investigation of the offence. Other exclusions and restrictions exist, including some in relation to specific people in prison.

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At the federal level, the Albanese government is in the process of establishing the Commonwealth Parole Board that will replace the Attorney-General as the decision-maker on parole matters for people serving federal sentences. This is likely to commence operations in late 2026, subject to the relevant laws being passed.

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In making their decisions, parole authorities are sometimes mandated to consider certain matters, but can generally consider all relevant information, with a significant focus on ‘safety and protection of the community’.

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Parole authorities will generally consider:

• the nature of the offending and any sentencing remarks made by the Judge;
• any pre-release risk assessments or reports;
• reports from psychologists or psychiatrists;
• submissions from the victims/s or family;
• submissions from the person in prison;
• the ability for the person in prison to access suitable and stable accommodation post-release;
• whether the person has undertaken any treatment or programs in prison; and
• any other considerations they deem relevant.

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The mismanagement of parole applications is not uncommon and can have fatal consequences. In 2021, proud Yamatji, Noongar, Wongi and Pitjantjatjara woman Heather Calgaret died in custody at the Dame Phyllis Frost women’s prison in Victoria. This followed significant delays in Ms Calgaret being able to access the treatment programs she was required to complete for her parole application, which was ultimately refused because her proposed accommodation was deemed “unsuitable”.

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In Victoria, two of the most frequently used reasons for parole being denied in 2024-25 reported by the Adult Parole Board were the absence of suitable accommodation (69 per cent) and the failure to complete assessment/programs (34 per cent).

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Review rights differ between jurisdictions. While on parole, a person is subject to parole conditions and is under supervision. Common conditions include abstaining from alcohol, drug testing, curfews, residential restrictions and electronic monitoring. Parole can be cancelled at any time by the parole authority if a person does not comply with their parole conditions or if they are convicted of a new criminal offence.

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