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ISSUE NO. 7
February 2025
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Legal Corner

Travel While on Parole

By

Prisoners’ Legal Service (PLS) is a not-for-profit community legal centre that is dedicated to providing information and advice to people in Queensland prisons. PLS provides information and advice in relation to issues arising from imprisonment, including human rights violations, use of solitary confinement, parole matters, and obtaining access to rehabilitation. Due to high demand for assistance and limited resources, PLS can provide a limited number of people in Queensland prisons with assistance and representation. Eligibility criteria is applied when selecting clients to receive our assistance.

Can I travel when I’m on parole?

A parole order will include general and specific conditions. These include getting approval from the relevant authority for any travel interstate, or overseas.

Interstate travel

Getting approval to travel to another state or territory in Australia will come from the relevant state or territory agency.

In Queensland for example, if you wish to travel interstate for fewer than seven days, permission must be first given by your Parole Officer, or by the Parole Board. If you have been granted parole by a Court (‘Court ordered parole’) then the period of leave outside of Queensland may be more than seven days. The Parole Board can also grant permission to travel interstate for more than seven days. An approval granted for travel can be subject to conditions that the Parole Board considers to be appropriate.

Approval processes are in place in each state and territory. The requirements for obtaining permission to travel, as well as details such as how long you can be away for, are specific to each location. Talk with your Parole Officer about what is required to get interstate travel approval in your state or territory.

Overseas travel

You will also need approval to travel overseas whilst on parole. In Queensland you have to get permission from the Parole Board, which will only grant permission to travel overseas for compassionate purposes in exceptional circumstances.

As with interstate travel, the application process for obtaining permission to travel overseas while on parole depends on the rules in your state or territory. In all cases, prior approval is required in order to travel overseas.

Can I travel when I’m on parole?

A parole order will include general and specific conditions. These include getting approval from the relevant authority for any travel interstate, or overseas.

Interstate travel

Getting approval to travel to another state or territory in Australia will come from the relevant state or territory agency.

In Queensland for example, if you wish to travel interstate for fewer than seven days, permission must be first given by your Parole Officer, or by the Parole Board. If you have been granted parole by a Court (‘Court ordered parole’) then the period of leave outside of Queensland may be more than seven days. The Parole Board can also grant permission to travel interstate for more than seven days. An approval granted for travel can be subject to conditions that the Parole Board considers to be appropriate.

Approval processes are in place in each state and territory. The requirements for obtaining permission to travel, as well as details such as how long you can be away for, are specific to each location. Talk with your Parole Officer about what is required to get interstate travel approval in your state or territory.

Overseas travel

You will also need approval to travel overseas whilst on parole. In Queensland you have to get permission from the Parole Board, which will only grant permission to travel overseas for compassionate purposes in exceptional circumstances.

As with interstate travel, the application process for obtaining permission to travel overseas while on parole depends on the rules in your state or territory. In all cases, prior approval is required in order to travel overseas.

Legal Q&A

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Federal parole

If you are on a federal parole order and wish to travel interstate, you should check the interstate travel conditions included in your parole order to confirm which agency you need to get permission from.

If you wish to travel overseas you must obtain permission from the federal Attorney-General or their delegate. During the first quarter of a federal parole order, overseas travel will only be approved in urgent or exceptional circumstances, and the maximum period of travel permitted during this time is four weeks.

For the remainder of your federal parole period, travelling overseas is only allowed for a legitimate reason that cannot be delayed until after the parole period has ended. Travelling overseas for a holiday will not normally be approved. The maximum period of travel permitted during this period of parole is six weeks.

Applications should be made in writing and contain detailed information about why you want to travel overseas. The applications should be made to your Parole Officer at least two months before you plan to travel, unless circumstances do not allow such time.

The Attorney-General’s office recommends that you do not apply for a passport or make travel arrangements to go overseas until you receive written permission to travel from the delegate of the Attorney-General.

Federal parole

If you are on a federal parole order and wish to travel interstate, you should check the interstate travel conditions included in your parole order to confirm which agency you need to get permission from.

If you wish to travel overseas you must obtain permission from the federal Attorney-General or their delegate. During the first quarter of a federal parole order, overseas travel will only be approved in urgent or exceptional circumstances, and the maximum period of travel permitted during this time is four weeks.

For the remainder of your federal parole period, travelling overseas is only allowed for a legitimate reason that cannot be delayed until after the parole period has ended. Travelling overseas for a holiday will not normally be approved. The maximum period of travel permitted during this period of parole is six weeks.

Applications should be made in writing and contain detailed information about why you want to travel overseas. The applications should be made to your Parole Officer at least two months before you plan to travel, unless circumstances do not allow such time.

The Attorney-General’s office recommends that you do not apply for a passport or make travel arrangements to go overseas until you receive written permission to travel from the delegate of the Attorney-General.

Legal Q&A

Legal Q&A

Legal Q&A

By Brian
By Brian

My name is Brian. A lot of guys here are talking about new legislation coming in the near future, but I haven’t found it anywhere. It is called “Daniel’s Law”. I was wondering if you could explain it and when it will take effect and who it will apply to?

Legal Corner

ISSUE NO. 11

3 MIN READ

Open Air in Prison: Your Rights Explained

Open Air in Prison: Your Rights Explained

Open Air in Prison: Your Rights Explained

By Human Rights Law Centre and Prisoners’ Legal Service
By Human Rights Law Centre and Prisoners’ Legal Service

With people in prisons across the country being subjected to an “epidemic of prison lockdowns”, it is important to note that bare minimum safeguards exist in law, in most jurisdictions, that purport to guarantee at least some time ‘in the open air’ each day for people behind bars.

Legal Corner

ISSUE NO. 22

5 MIN READ

Parole Conditions in Queensland

Parole Conditions in Queensland

Parole Conditions in Queensland

By Prisoners' Legal Service
By Prisoners' Legal Service

All parole orders must have conditions setting out what you are required to do and what you must not do while on parole.  

Legal Corner

ISSUE NO. 10

3 MIN READ

Laws Around Strip Searches in Prisons

Laws Around Strip Searches in Prisons

Laws Around Strip Searches in Prisons

By Daniel Vansetten
By Daniel Vansetten

Strip searching is a security practice purportedly used by prison authorities to prevent drugs and other contraband from entering prisons.

Legal Corner

ISSUE NO. 12

4 MIN READ

Interstate Prison Transfers 101

By About Time

People in prison can apply to transfer from a prison in one state or territory to another, generally for welfare reasons to be closer to family, community supports, or rehabilitation opportunities.

Legal Corner

ISSUE NO. 24

4 MIN READ

Inspectors’ Report!

By About Time

Inspectors and ombudsmen regularly go to prisons and publish reports on what they find and what they think needs to be improved. They also complete reports on issues such as access to healthcare or the use of segregation.

Legal Corner

ISSUE NO. 23

4 MIN READ

The Parole Patchwork: An Overview of Australia’s Parole Laws

By Human Rights Law Centre lawyer Monique Hurley, with assistance from Connor Shaw

In recent years, regressive reform of parole laws in many places has made it increasingly difficult for people in prison to access parole.

Legal Corner

ISSUE NO. 23

4 MIN READ

Open Air in Prison: Your Rights Explained

By Human Rights Law Centre and Prisoners’ Legal Service

With people in prisons across the country being subjected to an “epidemic of prison lockdowns”, it is important to note that bare minimum safeguards exist in law, in most jurisdictions, that purport to guarantee at least some time ‘in the open air’ each day for people behind bars.

Legal Corner

ISSUE NO. 22

5 MIN READ