Australia's National Prison Newspaper

Australia's National
Prison Newspaper

Welcome to About Time

About Time is the national newspaper for Australian prisons and detention facilities

Your browser window currently does not have enough height, or is zoomed in too far to view our website content correctly. Once the window reaches the minimum required height or zoom percentage, the content will display automatically.

Alternatively, you can learn more via the links below.

Donations via GiveNow

Email

Instagram

LinkedIn

ISSUE NO. 2

AUGUST 2024

Donate Here

Legal Corner

Around the Country: Parole

This section aims to show how parole processes can differ around the country, focusing on when and how someone can apply for parole. Please contact your supports in prison for a more comprehensive outline of the parole process in your state or territory.

By

Fitzroy Legal Service, Prisoners Legal Service (NSW Legal Aid), Prisoners Legal Service (QLD) and About Time

'Marking Time' by Tony, Boom Gate Gallery

Font Size
Font Size
Line Height
Line Height
Dyslexia Friendly
Black & White
Hide Images
Night Mode

What is parole?

Parole is a process that gives some people the ability to get out of prison and serve the last part of their sentence in the community, under the supervision of Community Corrections (which used to be known as Probation and Parole). The relevant authorities consider the safety of the community as the paramount consideration in assessing the suitability for parole.

How and when can I start the process?

The process for parole varies depending on the state or territory where you’re incarcerated.

Victoria:

Only people who were given a non-parole period as part of their sentence can apply for parole. A non-parole period means the minimum time that must serve in prison before they may be considered for release on parole.

Do I have a non-parole period?

Sentences with a non-parole period have two parts: the head sentence and the non-parole period. For example, 4 years’ imprisonment (head sentence) with a non-parole period of 2 years. If you have this type of sentence, you will be able to apply for parole.

Straight sentences do not have a non-parole period. They have one part – the period of imprisonment. For example, 11 months’ imprisonment. If you have this type of sentence, you are not able to apply for parole.

Combination sentences (imprisonment plus a Community Correction Order) do not have a non-parole period. For example, 18 months’ imprisonment with a 12-month CCO.

When can I apply for parole?

Parole doesn’t happen automatically in Victoria – you need to apply. Although you can’t be released until your non-parole period is finished, you can start your parole application earlier.

If your head sentence is less than 10 years, you can start applying for parole 12 months before your non-parole period ends.

If your head sentence is more than 10 years, you can start applying for parole 3 years before your non-parole period ends.

The prison should tell you when you are eligible to start your parole application. You should start as early as possible.

How do I apply? What is the parole application process?

The parole application process is long and has several stages. This is a very short version of the stages:

  1. Complete a Parole Application Form with your case worker;
  2. Interview with the Case Management Review Committee (CMRC);
  3. CMRC writes a report and gives it to the Adult Parole Board (APB);
  4. APB takes a first look at your application and decides if it should be refused, deferred (put off to a future date), or progressed to the next stage called the Parole Suitability Assessment;
  5. Parole Suitability Assessment – Corrections Victoria will write a more detailed report and give it to the Parole Board;
  6. The Parole Board will make a final decision about parole.

NSW

When can I access parole?

In NSW, people in prison can be released on parole in one of two ways: statutory parole order (court-imposed) or a State Parole Authority (SPA) order.

Statutory parole order – Automatic release

If your gaol sentence is three years or less, you are subject to ‘statutory parole’ and will usually be released on parole without having to go before the State Parole Authority. Sometimes however automatic release does not happen if the State Parole Authority receives information about you, or your post-release plans, that could put the community at risk. If this happens you will be notified that your parole order has been revoked prior to release – in most cases the State Parole Authority will then set a date for a review hearing so that you and your legal representative (if you chose to have one), can attend the hearing and make submissions in support of your release to parole.  

State Parole Authority (SPA) order – SPA assessed parole

If your gaol sentence is longer than three years, you can only be granted parole by the State Parole Authority. People in prison in NSW do not apply for their first parole hearing. Instead, legislation requires that the State Parole Authority must start looking at whether you might be suitable for release approximately 60 days before the end of your non-parole period. It must make its initial decision at least 21 days before your non-parole period ends.

The Parole Authority usually makes this initial decision in a private meeting. These meetings are closed which means you and your lawyer cannot attend. At the private meeting, the Parole Authority can make an order granting you parole, or refuse you parole, or refuse you parole but list your matter for a public hearing. At the public hearing you can appear by AVL and have a lawyer represent you – the State Parole Authority will review their decision to refuse you parole at that hearing.

Legal Aid NSW has lawyers that may be able to represent people at their review hearings. This representation is provided by lawyers who specialise in parole applications. This representation does not require an application for legal aid. This means that legal aid will not be granted for a private lawyer to be assigned for your parole review application.

If you would like Prisoners Legal Service to represent you, please tick the box on the Form Two, or you can call us and give us permission by phone to represent you.

South Australia:

When can I apply for parole?

Certain charges carry automatic parole. People with automatic parole do not need to apply for parole. People without automatic parole must apply for parole and can do so 6 months prior to the expiry of their non-parole period. Ask someone in your location to help if you are unsure.

What is the parole process in SA?

In SA, you need to apply for parole to the Parole Board. Here is a very short summary of the process:

  1. Complete your parole application by letter. You should get assistance with this from supports in the prison, such as your case management coordinator.
  2. Then, ask your case management coordinator to lodge the application with the Parole Board.
  3. The Parole Board will, in due course, provide a date to be interviewed or to defer your application pending some other requirement, such as your completion of a rehabilitation program or the obtaining of further reports for consideration.
  4. The Board may seek submissions for your application from Correctional Services, the Commissioner of Police, registered victims etc.
  5. A decision on whether parole is granted or not is usually provided within 7 days of the parole interview. Such decisions may be to grant parole, deny parole, or defer the application for some specific reason.
  6. If parole is denied, reasons must be provided within 30 days.
  7. For life sentenced prisoners, any application that is approved may be challenged within 60 days of the decision by the Attorney General, the Commissioner of Police or the Commissioner of Victim’s Rights. This challenge will be heard by the Parole Administrative Review Commissioner.

What is parole?

Parole is a process that gives some people the ability to get out of prison and serve the last part of their sentence in the community, under the supervision of Community Corrections (which used to be known as Probation and Parole). The relevant authorities consider the safety of the community as the paramount consideration in assessing the suitability for parole.

How and when can I start the process?

The process for parole varies depending on the state or territory where you’re incarcerated.

Victoria:

Only people who were given a non-parole period as part of their sentence can apply for parole. A non-parole period means the minimum time that must serve in prison before they may be considered for release on parole.

Do I have a non-parole period?

Sentences with a non-parole period have two parts: the head sentence and the non-parole period. For example, 4 years’ imprisonment (head sentence) with a non-parole period of 2 years. If you have this type of sentence, you will be able to apply for parole.

Straight sentences do not have a non-parole period. They have one part – the period of imprisonment. For example, 11 months’ imprisonment. If you have this type of sentence, you are not able to apply for parole.

Combination sentences (imprisonment plus a Community Correction Order) do not have a non-parole period. For example, 18 months’ imprisonment with a 12-month CCO.

When can I apply for parole?

Parole doesn’t happen automatically in Victoria – you need to apply. Although you can’t be released until your non-parole period is finished, you can start your parole application earlier.

If your head sentence is less than 10 years, you can start applying for parole 12 months before your non-parole period ends.

If your head sentence is more than 10 years, you can start applying for parole 3 years before your non-parole period ends.

The prison should tell you when you are eligible to start your parole application. You should start as early as possible.

How do I apply? What is the parole application process?

The parole application process is long and has several stages. This is a very short version of the stages:

  1. Complete a Parole Application Form with your case worker;
  2. Interview with the Case Management Review Committee (CMRC);
  3. CMRC writes a report and gives it to the Adult Parole Board (APB);
  4. APB takes a first look at your application and decides if it should be refused, deferred (put off to a future date), or progressed to the next stage called the Parole Suitability Assessment;
  5. Parole Suitability Assessment – Corrections Victoria will write a more detailed report and give it to the Parole Board;
  6. The Parole Board will make a final decision about parole.

NSW

When can I access parole?

In NSW, people in prison can be released on parole in one of two ways: statutory parole order (court-imposed) or a State Parole Authority (SPA) order.

Statutory parole order – Automatic release

If your gaol sentence is three years or less, you are subject to ‘statutory parole’ and will usually be released on parole without having to go before the State Parole Authority. Sometimes however automatic release does not happen if the State Parole Authority receives information about you, or your post-release plans, that could put the community at risk. If this happens you will be notified that your parole order has been revoked prior to release – in most cases the State Parole Authority will then set a date for a review hearing so that you and your legal representative (if you chose to have one), can attend the hearing and make submissions in support of your release to parole.  

State Parole Authority (SPA) order – SPA assessed parole

If your gaol sentence is longer than three years, you can only be granted parole by the State Parole Authority. People in prison in NSW do not apply for their first parole hearing. Instead, legislation requires that the State Parole Authority must start looking at whether you might be suitable for release approximately 60 days before the end of your non-parole period. It must make its initial decision at least 21 days before your non-parole period ends.

The Parole Authority usually makes this initial decision in a private meeting. These meetings are closed which means you and your lawyer cannot attend. At the private meeting, the Parole Authority can make an order granting you parole, or refuse you parole, or refuse you parole but list your matter for a public hearing. At the public hearing you can appear by AVL and have a lawyer represent you – the State Parole Authority will review their decision to refuse you parole at that hearing.

Legal Aid NSW has lawyers that may be able to represent people at their review hearings. This representation is provided by lawyers who specialise in parole applications. This representation does not require an application for legal aid. This means that legal aid will not be granted for a private lawyer to be assigned for your parole review application.

If you would like Prisoners Legal Service to represent you, please tick the box on the Form Two, or you can call us and give us permission by phone to represent you.

South Australia:

When can I apply for parole?

Certain charges carry automatic parole. People with automatic parole do not need to apply for parole. People without automatic parole must apply for parole and can do so 6 months prior to the expiry of their non-parole period. Ask someone in your location to help if you are unsure.

What is the parole process in SA?

In SA, you need to apply for parole to the Parole Board. Here is a very short summary of the process:

  1. Complete your parole application by letter. You should get assistance with this from supports in the prison, such as your case management coordinator.
  2. Then, ask your case management coordinator to lodge the application with the Parole Board.
  3. The Parole Board will, in due course, provide a date to be interviewed or to defer your application pending some other requirement, such as your completion of a rehabilitation program or the obtaining of further reports for consideration.
  4. The Board may seek submissions for your application from Correctional Services, the Commissioner of Police, registered victims etc.
  5. A decision on whether parole is granted or not is usually provided within 7 days of the parole interview. Such decisions may be to grant parole, deny parole, or defer the application for some specific reason.
  6. If parole is denied, reasons must be provided within 30 days.
  7. For life sentenced prisoners, any application that is approved may be challenged within 60 days of the decision by the Attorney General, the Commissioner of Police or the Commissioner of Victim’s Rights. This challenge will be heard by the Parole Administrative Review Commissioner.

Legal Q&A

Do you have a general legal query that you want answered?

Submit Your Question

Queensland:

When can I apply for parole?

Normal Parole:

It depends.

  • If you have a “parole eligibility date”, you can lodge a parole application six (6) months prior to that date.
  • If your parole was previously refused, the Parole Board will decide when you are allowed to reapply.
  • If your parole was previously cancelled, and you are not on remand, you can submit a new application straight away.
  • If you have court ordered parole, you do not need to lodge a parole application. You should be released on the date set by the court.

Exceptional Circumstances Parole:

You can apply for ECP at any time unless you are a “no body no parole prisoner” who has had a “no cooperation declaration” in force.

What form do I use to apply?

All forms can be requested from Sentence Management.

Normal Parole:

Form 29 – Parole Application Form

Form 176 – Accommodation Risk Assessment Request

Exceptional Circumstances Parole:

Form 28 – ECP Application Form

Form 176 – Accommodation Risk Assessment Request

What is the timeframe for the Parole Board to make a decision?

The timeframe for normal parole applications and ECP applications is the same.

The Parole Board must decide whether to grant or refuse within 4 months (120 days) of receiving the parole application.

If the Parole Board defer an application because they need more information, they must make their decision within 5 months (150 days) of receiving the parole application.

Exceptional Circumstances parole: What makes my circumstances “exceptional”?

There is no definition of “exceptional circumstances” in the Corrective Services Act 2006 (QLD). However, the Parole Board may consider the following definition when considering ECP applications:

A circumstance which is such as to form an exception, which is out of the ordinary course, or unusual, or special or uncommon. To be exceptional, a circumstance need not be unique or unprecedented, or very rare; but it cannot be on that is regularly, or routinely, or normally encountered.

For example, circumstances that may be considered exceptional might include:

  • A prisoner who develops a terminal illness; or
  • A prisoner who is the sole carer of a spouse who contracts a chronic disease requiring constant attention.

ECP is harder to get than normal parole because you need to show:

  • That you are not an unacceptable risk to the community; and
  • That you have exceptional circumstances that warrant early release.

An ECP application is more likely to be successful if:

  • There is new information that was not before the sentencing judge.
  • Your medical condition cannot be adequately managed in prison and there is medical evidence that your condition would be better managed in the community (where an application is based on medical grounds).

However, the Parole Board should consider your ECP application as a whole and take into account your individual circumstances, not just the factors listed above.

If you are already eligible for parole, you do not need to demonstrate exceptional circumstances to be granted parole. For this reason, ECP may not be the best option if you are already eligible for parole or if you are in custody for a parole suspension. Instead, you could consider requesting the parole board fast track consideration of your parole due to your personal circumstances.  

Can I get ECP to attend a family funeral / Sorry Business?

It is very unlikely you will be granted ECP to attend a funeral or for Sorry Business. In these cases it’s better to:

  • Apply to the prison for a Compassionate Leave of Absence.
  • Request that any parole decision you are waiting for be fast-tracked by the Parole Board so that if you are considered suitable for parole, you can be released before the funeral.

Tasmania

Can I apply for parole?

  • You will be considered for parole if you have a non-parole period.
  • The court when sentencing you must set a minimum non-parole period of one-half of the sentence, or 6 months, whichever is greater. They can set a longer one, or make an order that the person is not eligible for parole.
  • People who are declared as ‘dangerous criminals’ are not eligible for parole until the declaration is discharged. If you are a declared dangerous criminal you can apply to get this discharged.

When and how can I apply for parole?

  • The Parole Board Secretary will send an Application for Parole to you in prison at least 6 months before your parole eligibility date.
  • Your delegated Case Coordinator can assist with the completion of the application form. The completed form is returned to the Parole Board Secretary.
  • The Parole Board will request Community Corrections to complete a Pre-Parole Report. A Pre-Parole Report assists the Parole Board in determining whether a prisoner should be released on parole and under what conditions.
  • Upon completion of a Pre-Parole Report, the Parole Board Secretary will list a date for the prisoner to appear for hearing.
  • The Parole Board may refuse to release a prisoner on parole. The Board may not further consider the release of the prisoner on parole until the expiration of 3 months from the date of the last refusal.

ACT

People in prison at AMC can access parole if their sentence has a non-parole period. A sentence involving imprisonment with a term of full-time custody and a minimum of 12 months must include a non-parole period.

What is the Parole Application Process?

  1. Submit application for parole to the Sentence Administration Board within six months of the end of non-parole period. In some exceptional cases, people can apply for parole before the six-month period is up by sending a request to the Board in writing.
  2. The Board will then assess the application, which involves reviewing reports from Corrective Services and inviting other submissions, including victim impact statements and psychological assessments.
  3. If parole cannot be determined by reports alone and need more information, they may issue a Notice of Hearing, where the person in prison can address any issues.
  4. A decision will then be made, and conditions need to be agreed to before release.

Queensland:

When can I apply for parole?

Normal Parole:

It depends.

  • If you have a “parole eligibility date”, you can lodge a parole application six (6) months prior to that date.
  • If your parole was previously refused, the Parole Board will decide when you are allowed to reapply.
  • If your parole was previously cancelled, and you are not on remand, you can submit a new application straight away.
  • If you have court ordered parole, you do not need to lodge a parole application. You should be released on the date set by the court.

Exceptional Circumstances Parole:

You can apply for ECP at any time unless you are a “no body no parole prisoner” who has had a “no cooperation declaration” in force.

What form do I use to apply?

All forms can be requested from Sentence Management.

Normal Parole:

Form 29 – Parole Application Form

Form 176 – Accommodation Risk Assessment Request

Exceptional Circumstances Parole:

Form 28 – ECP Application Form

Form 176 – Accommodation Risk Assessment Request

What is the timeframe for the Parole Board to make a decision?

The timeframe for normal parole applications and ECP applications is the same.

The Parole Board must decide whether to grant or refuse within 4 months (120 days) of receiving the parole application.

If the Parole Board defer an application because they need more information, they must make their decision within 5 months (150 days) of receiving the parole application.

Exceptional Circumstances parole: What makes my circumstances “exceptional”?

There is no definition of “exceptional circumstances” in the Corrective Services Act 2006 (QLD). However, the Parole Board may consider the following definition when considering ECP applications:

A circumstance which is such as to form an exception, which is out of the ordinary course, or unusual, or special or uncommon. To be exceptional, a circumstance need not be unique or unprecedented, or very rare; but it cannot be on that is regularly, or routinely, or normally encountered.

For example, circumstances that may be considered exceptional might include:

  • A prisoner who develops a terminal illness; or
  • A prisoner who is the sole carer of a spouse who contracts a chronic disease requiring constant attention.

ECP is harder to get than normal parole because you need to show:

  • That you are not an unacceptable risk to the community; and
  • That you have exceptional circumstances that warrant early release.

An ECP application is more likely to be successful if:

  • There is new information that was not before the sentencing judge.
  • Your medical condition cannot be adequately managed in prison and there is medical evidence that your condition would be better managed in the community (where an application is based on medical grounds).

However, the Parole Board should consider your ECP application as a whole and take into account your individual circumstances, not just the factors listed above.

If you are already eligible for parole, you do not need to demonstrate exceptional circumstances to be granted parole. For this reason, ECP may not be the best option if you are already eligible for parole or if you are in custody for a parole suspension. Instead, you could consider requesting the parole board fast track consideration of your parole due to your personal circumstances.  

Can I get ECP to attend a family funeral / Sorry Business?

It is very unlikely you will be granted ECP to attend a funeral or for Sorry Business. In these cases it’s better to:

  • Apply to the prison for a Compassionate Leave of Absence.
  • Request that any parole decision you are waiting for be fast-tracked by the Parole Board so that if you are considered suitable for parole, you can be released before the funeral.

Tasmania

Can I apply for parole?

  • You will be considered for parole if you have a non-parole period.
  • The court when sentencing you must set a minimum non-parole period of one-half of the sentence, or 6 months, whichever is greater. They can set a longer one, or make an order that the person is not eligible for parole.
  • People who are declared as ‘dangerous criminals’ are not eligible for parole until the declaration is discharged. If you are a declared dangerous criminal you can apply to get this discharged.

When and how can I apply for parole?

  • The Parole Board Secretary will send an Application for Parole to you in prison at least 6 months before your parole eligibility date.
  • Your delegated Case Coordinator can assist with the completion of the application form. The completed form is returned to the Parole Board Secretary.
  • The Parole Board will request Community Corrections to complete a Pre-Parole Report. A Pre-Parole Report assists the Parole Board in determining whether a prisoner should be released on parole and under what conditions.
  • Upon completion of a Pre-Parole Report, the Parole Board Secretary will list a date for the prisoner to appear for hearing.
  • The Parole Board may refuse to release a prisoner on parole. The Board may not further consider the release of the prisoner on parole until the expiration of 3 months from the date of the last refusal.

ACT

People in prison at AMC can access parole if their sentence has a non-parole period. A sentence involving imprisonment with a term of full-time custody and a minimum of 12 months must include a non-parole period.

What is the Parole Application Process?

  1. Submit application for parole to the Sentence Administration Board within six months of the end of non-parole period. In some exceptional cases, people can apply for parole before the six-month period is up by sending a request to the Board in writing.
  2. The Board will then assess the application, which involves reviewing reports from Corrective Services and inviting other submissions, including victim impact statements and psychological assessments.
  3. If parole cannot be determined by reports alone and need more information, they may issue a Notice of Hearing, where the person in prison can address any issues.
  4. A decision will then be made, and conditions need to be agreed to before release.

Freedom of Information (Part One of Two)

Freedom of Information (Part One of Two)

Freedom of Information (Part One of Two)

By Daniel Vansetten
By Daniel Vansetten

This is the first of a two-part series on Freedom of Information (FOI), (also called Right to Information). In this part, we explain why FOI is important and how to lodge an application for information.

Legal Corner

ISSUE NO. 4

9 MIN READ

Bail: Common Questions

Bail: Common Questions

Bail: Common Questions

By Meg Tait and About Time (with help from Uther Webster & Evans Solicitors and Daniel Vansetten)
By Meg Tait and About Time (with help from Uther Webster & Evans Solicitors and Daniel Vansetten)

Bail is a promise you can make that you will return to court. It means you can stay in the community (instead of jail) until your legal matters finish. If you are being held in custody and you haven’t been found guilty, you may be able to apply for bail.

Legal Corner

ISSUE NO. 3

15 MIN READ

How to Complain to the Ombudsman

How to Complain to the Ombudsman

How to Complain to the Ombudsman

By About Time
By About Time

The Ombudsman is an independent organisation that oversees complaints against government decisions and actions. Each state/territory has their own Ombudsman. The Ombudsman responds to a complaint by investigating from both sides what has happened and why.

Legal Corner

ISSUE NO. 2

8 MIN READ

Do You Have a Right to Legal Representation?

Do You Have a Right to Legal Representation?

Do You Have a Right to Legal Representation?

By Daniel Vansetten
By Daniel Vansetten

If you believe your right to a fair trial has not been provided, you should seek advice from a lawyer.

Legal Corner

ISSUE NO. 7

5 MIN READ

Leave a Comment

Thank you! Your submission has been received!
Oops! Something went wrong while submitting the form.
0 Comments
Author Name
Comment Time

Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere. uis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.

Common Human Rights Issues in Prison

By Prisoners’ Legal Service (Queensland)

This article discusses some of the human rights that may be relevant in prison with reference to human rights protections under the Human Rights Act 2019 (QLD) in Queensland.

Legal Corner

ISSUE NO. 8

6 MIN READ

Legal Q&A – No Body, No Parole

By About Time

I wonder if you could explain the new "No Body No Parole" law in New South Wales, where now people charged with murder or manslaughter need letters from the head of police?

Legal Corner

ISSUE NO. 8

3 MIN READ

The Federal Election: Voting and More

By About Time

The federal election is coming up. It happens about every three years. It’s for electing the government for the whole country – the federal government.

Legal Corner

ISSUE NO. 8

9 MIN READ

Travel While on Parole

By Prisoners' Legal Service (PLS)

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

Legal Corner

ISSUE NO. 7

3 MIN READ

Get the full paper in print each month.

6-Month Subscription:

Physical copy of About Time delivered to your home or organisation each month for six months. Paid upfront.

Subscribe for $70

12-Month Subscription:

Physical copy of About Time delivered to your home or organisation each month for twelve months. Paid upfront.

Subscribe for $125

Newsletter

Be the first to learn about our monthly stories, plus new initiatives and live events

You've successfully registered!
Something went wrong when we tried to register your details. Please try again.

Support Australia's first national prison newspaper

A place for news and education, expression and hope.

Help us get About Time off the ground. All donations are tax deductible and will be vital in providing an essential resource for people in prison and their loved ones.

It's
About Time.

A place for news and education, expression and hope.

Help us get About Time off the ground. All donations are tax deductible and will be vital in providing an essential resource for people in prison and their loved ones.

Donate Here

Newsletter

Be the first to learn about our monthly stories, plus new initiatives and live events

You've successfully registered!
Something went wrong when we tried to register your details. Please try again.