An Act to establish the Commonwealth Parole Board, and for related purposes
[Assented to 8 April 2026]
The Parliament of Australia enacts:
Part 1—Preliminary
1 Short title
This Act is the Commonwealth Parole Board Act 2026.
2 Commencement
(1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.
Commencement information
Column 1 Column 2 Column 3
Provisions Commencement Date/Details
Part 1 and anything in this Act not elsewhere covered by this table The day this Act receives the Royal Assent. 8 April 2026
Parts 2 to 6 A day or days to be fixed by Proclamation.However, if the provisions do not commence within the period of 12 months beginning on the day this Act receives the Royal Assent, they commence on the day after the end of that period.
Note: This table relates only to the provisions of this Act as originally enacted. It will not be amended to deal with any later amendments of this Act.
(2) Any information in column 3 of the table is not part of this Act. Information may be inserted in this column, or information in it may be edited, in any published version of this Act.
3 Objects of this Act
The objects of this Act are:
(a) to establish the Commonwealth Parole Board; and
(b) to set out the membership and decision‑making arrangements for the Commonwealth Parole Board; and
(c) to provide a framework for the Commonwealth Parole Board to make independent, risk‑informed decisions about the conditional release and management of federal offenders and other detained persons in accordance with Part IB of the Crimes Act 1914.
4 Simplified outline of this Act
This Act establishes the Commonwealth Parole Board.
The Commonwealth Parole Board consists of the Chair, the Deputy Chair and at least 3 sessional members.
The main function of the Commonwealth Parole Board is to make independent, risk‑informed decisions about the conditional release and management of federal offenders and other detained persons in accordance with Part IB of the Crimes Act 1914.
Part 2 establishes the Commonwealth Parole Board and provides for its functions and related matters. This Part specifies the functions of the Chair, which include making guidelines about the procedures of the Commonwealth Parole Board. Section 14 provides for the independence of the Commonwealth Parole Board.
Part 3 deals with decision‑making by the Commonwealth Parole Board, Part 4 deals with information sharing, Part 5 deals with administrative matters and Part 6 covers miscellaneous matters.
5 Application of this Act
This Act applies both within and outside Australia and extends to the external Territories.
6 Crown to be bound
(1) This Act binds the Crown in right of the Commonwealth, of each of the States, of the Australian Capital Territory and of the Northern Territory.
(2) This Act does not make the Crown liable to a pecuniary penalty or to be prosecuted for an offence.
7 Definitions
In this Act:
authorised officer means:
(a) the Chair, Deputy Chair or other member; or
(b) the Secretary of the Department; or
(c) a person made available to the Commonwealth Parole Board as mentioned in subsection 15(1).
Chair means the person appointed under subsection 29(1) as the Chair of the Commonwealth Parole Board.
Deputy Chair means the person appointed under subsection 29(1) as the Deputy Chair of the Commonwealth Parole Board.
federal offence has the same meaning as in Part IB of the Crimes Act 1914.
federal offender has the same meaning as in Part IB of the Crimes Act 1914.
guidelines means guidelines made under subsection 13(1).
licence has the same meaning as in Part IB of the Crimes Act 1914.
member means any of the following:
(a) the Chair;
(b) the Deputy Chair;
(c) a sessional member.
officer of Customs has the meaning given by subsection 4(1) of the Customs Act 1901.
paid work means work for financial gain or reward (whether as an employee, a self‑employed person or otherwise).
parole has the same meaning as in Part IB of the Crimes Act 1914.
Parole Board information means information acquired by any of the following persons in the exercise of a power, or the performance of a function or duty, under or in connection with this Act or the Crimes Act 1914:
(a) the Chair, Deputy Chair or other member;
(b) the Secretary of the Department;
(c) a person made available to the Commonwealth Parole Board as mentioned in subsection 15(1).
parole order has the same meaning as in Part IB of the Crimes Act 1914.
relevant person: see section 28.
rules means rules made under section 46.
sensitive Parole Board information: information is sensitive Parole Board information if:
(a) the public disclosure of the information would, or could reasonably be expected to, prejudice the investigation of, or the prosecution of a person for, an offence; or
(b) the public disclosure of the information would, or could reasonably be expected to, endanger the life or safety of any person; or
(c) all of the following apply in relation to the information:
(i) the public disclosure of the information would, or could reasonably be expected to, prejudice the security, defence or international relations of Australia;
(ii) the information was given in confidence to the Chair or to a person made available to the Commonwealth Parole Board as mentioned in subsection 15(1);
(iii) written consent to the public disclosure of the information has not been given by the person or body that gave the information.
sessional basis: appointment on a sessional basis does not include appointment on a full‑time basis.
sessional member means a member appointed under subsection 29(1) as a member of the Commonwealth Parole Board, other than as the Chair or the Deputy Chair.
Part 2—Establishment of the Commonwealth Parole Board
8 Establishment of the Commonwealth Parole Board
(1) The Commonwealth Parole Board is established by this section.
(2) The Commonwealth Parole Board consists of the following members:
(a) the Chair;
(b) the Deputy Chair;
(c) at least 3 other members (sessional members).
9 Functions of the Commonwealth Parole Board
The Commonwealth Parole Board has the following functions:
(a) to make independent, risk‑informed decisions about the conditional release and management of federal offenders and other detained persons in accordance with Part IB of the Crimes Act 1914;
(b) at the request of the Attorney‑General—to provide advice to the Attorney‑General about federal offenders on matters in relation to which the Attorney‑General makes decisions;
(c) such other functions as are conferred on the Commonwealth Parole Board:
(i) by this Act; or
(ii) by any other Act; or
(iii) by a legislative instrument made under this Act or any other Act;
(d) to do anything incidental or conducive to the performance of any of the above functions.
10 Powers of the Commonwealth Parole Board
The Commonwealth Parole Board has power to do all things necessary or convenient to be done for or in connection with the performance of the Commonwealth Parole Board’s functions.
11 Functions of the Chair
The Chair has the following functions:
(a) to lead the Commonwealth Parole Board and to ensure that its functions are carried out efficiently and effectively;
(b) to participate as a member of the Commonwealth Parole Board;
(c) to make guidelines under subsection 13(1) and to review them as the Chair considers appropriate;
(d) such other functions as are conferred on the Chair:
(i) by this Act; or
(ii) by any other Act; or
(iii) by a legislative instrument made under this Act or any other Act;
(e) to do anything incidental or conducive to the performance of any of the above functions.
12 Functions of the Deputy Chair
The Deputy Chair has the following functions:
(a) to assist the Chair in performing the Chair’s functions;
(b) to participate as a member of the Commonwealth Parole Board;
(c) such other functions as are conferred on the Deputy Chair:
(i) by this Act; or
(ii) by any other Act; or
(iii) by a legislative instrument made under this Act or any other Act;
(d) to do anything incidental or conducive to the performance of any of the above functions.
13 Chair may issue guidelines
(1) The Chair may, in writing, issue guidelines, not inconsistent with this or any other Act, relating to the procedures of the Commonwealth Parole Board including, but not limited to the following:
(a) how the Commonwealth Parole Board is to be constituted when considering particular matters or classes of matters;
(b) the arrangements for meetings including, but not limited to:
(i) the timing, frequency and location of meetings; and
(ii) the conduct of meetings; and
(iii) records to be kept of meetings;
(c) procedures to be followed in the performance of the functions of the Chair or the Deputy Chair;
(d) the arrangements for managing conflicts of interest;
(e) any other matter that is required or permitted by this Act to be specified in the guidelines.
(2) A reference in this section to procedures includes, but is not limited to, decision‑making processes or procedures (however described).
(3) Guidelines issued under subsection (1) are not a legislative instrument.
(4) The Chair may publish guidelines issued under subsection (1) if the Chair considers it appropriate to do so.
14 Independence
Subject to this Act and any other Act, the Commonwealth Parole Board:
(a) has complete discretion in performing or exercising the Commonwealth Parole Board’s functions or powers; and
(b) is not subject to direction from anyone when doing so.
15 Arrangements relating to staffing
(1) The Commonwealth Parole Board may be assisted by the following persons, whose services are made available to the Commonwealth Parole Board in connection with the performance of any of the Commonwealth Parole Board’s functions or the exercise of any of the Commonwealth Parole Board’s powers:
(a) APS employees in the Department;
(b) officers and employees of Agencies (within the meaning of the Public Service Act 1999);
(c) members of the Australian Federal Police (within the meaning of the Australian Federal Police Act 1979);
(d) persons employed under the Australian Security Intelligence Organisation Act 1979;
(e) persons employed under the Intelligence Services Act 2001.
(2) When assisting the Commonwealth Parole Board under subsection (1), a person is subject to the directions of the Chair and the Deputy Chair.
Legal counsel
(3) The Chair may appoint a legal practitioner to assist the Commonwealth Parole Board as counsel, either generally or in relation to a particular matter or matters.
16 Immunity from civil proceedings for certain persons
(1) A member is not liable to civil proceedings in relation to an act done, or omitted to be done, in good faith, in the performance or purported performance, or exercise or purported exercise, of the member’s or Commonwealth Parole Board’s functions, powers or duties under, or in relation to, this Act.
(2) A person made available to the Commonwealth Parole Board as mentioned in subsection 15(1) is not liable to civil proceedings in relation to an act done, or omitted to be done, in good faith for the purpose of assisting the Commonwealth Parole Board.
(3) A person who provides information to an authorised officer in response to a request under section 25 is not liable to civil proceedings in relation to the provision of the information.
Part 3—Decision‑making by the Commonwealth Parole Board
17 Chair to regulate Board’s procedure
Subject to this Part, the procedure to be followed by the Commonwealth Parole Board is as determined by the Chair.
18 Convening meetings
(1) The Commonwealth Parole Board may hold such meetings as the Chair considers are necessary for the efficient performance of its functions.
(2) The Chair must preside at all meetings at which the Chair is present.
(3) If the Chair is not present at a meeting, the Deputy Chair must preside at the meeting.
(4) The Commonwealth Parole Board may, subject to this Division and the guidelines, regulate proceedings at its meetings as it considers appropriate.
Note: Section 33B of the Acts Interpretation Act 1901 contains further information about the ways in which members may participate in meetings (such as by telephone or other means of communication).
19 Quorum
At a meeting of the Commonwealth Parole Board, a quorum is (subject to this Part) constituted by at least 3 members, which must include at least one of the following:
(a) the Chair;
(b) the Deputy Chair.
20 Voting at meetings
General rule
(1) A decision of the Commonwealth Parole Board at a meeting is to be made by a majority of the votes of the members present and voting. At least one vote in the majority must be cast by the Chair or the Deputy Chair.
Note: Certain decisions can be made without a meeting (see section 21), or by a single member who is the Chair or the Deputy Chair (see section 22).
Guidelines may deal with certain matters
(2) The guidelines may provide that, despite subsection (1), either or both of the following is required to make a decision at a meeting in relation to a matter or a class of matters:
(a) the presence of a specified number of members that is higher than a quorum;
(b) a number of votes that is higher than a majority.
(3) If there is an equality of votes on a decision proposed to be made at a meeting of the Commonwealth Parole Board, the person presiding at a meeting has a deliberative vote and, if necessary, also has a casting vote.
21 Decisions without meetings
(1) The Commonwealth Parole Board may make decisions without a meeting.
(2) A decision made by the Commonwealth Parole Board without a meeting must:
(a) be made to the extent possible in accordance with the requirements of sections 18 to 20; and
(b) be made in accordance with the guidelines (if any) that provide for the making of decisions without a meeting.
22 Decisions that may be made by Chair or Deputy Chair
(1) The Chair or the Deputy Chair may, on behalf of the Commonwealth Parole Board, revoke a parole order or licence under subsection 19AU(1) of the Crimes Act 1914 if subsection 19AU(2) of that Act does not apply because of the operation of either of the following provisions of that Act:
(a) paragraph 19AU(3)(b) (urgency);
(b) paragraph 19AU(3)(ba) (safety and protection of the community, etc.).
Note: Sections 19AU and 19AX of the Crimes Act 1914 deal with notice of decisions to revoke a parole order or licence.
(2) The Chair or the Deputy Chair may, on behalf of the Commonwealth Parole Board, do any of the following:
(a) make an application to a court under subsection 19AHA(4) of the Crimes Act 1914 (error, defect, ambiguity);
(b) specify conditions under section 19AN of that Act to which a parole order or licence is subject;
(c) amend a parole order or licence under subsection 19APA(1) of that Act (conditions, etc.);
(d) amend a parole order or licence under subsection 19APA(2) of that Act (error, defect, ambiguity);
(e) rescind a parole order or licence under subsection 19APC(1) of that Act (pre‑release rescission);
(f) give a notice under subsection 19APD(2) (notices relating to rescission);
(g) give a notice under subsection 19AX(2) or (3) (notices relating to revocation).
(3) This section has effect despite section 20 and the guidelines.
23 Commonwealth Parole Board may conduct interviews
For the purposes of making a decision about a federal offender, the Commonwealth Parole Board may conduct interviews in accordance with the guidelines (if any).
24 Sessional member may participate as Chair or Deputy Chair of the Commonwealth Parole Board in specified circumstances
(1) This section applies if:
(a) the Chair or the Deputy Chair is required by rules made for the purposes of section 29 of the Public Governance, Performance and Accountability Act 2013 not to be present during the deliberations in a meeting, or to take part in any decision, of the Commonwealth Parole Board with respect to a particular matter; or
(b) the Chair or the Deputy Chair is not readily available to attend a meeting or participate in making a decision of the Commonwealth Parole Board, whether because of a vacancy in the office or for any other reason; or
(c) the Chair considers it appropriate for any other reason to make a request under subsection (2) in relation to a meeting of, or the making of a decision by, the Commonwealth Parole Board.
(2) The Chair may request that a sessional member participate, in the capacity of the Chair or the Deputy Chair, in the meeting, or in making the decision.
(3) For the purposes of a sessional member participating in a meeting, or making a decision, in the capacity of the Chair or the Deputy Chair as permitted by subsection (2):
(a) the sessional member may exercise a power or perform a function of the Chair or Deputy Chair, as the case requires, in accordance with the request of the Chair in relation to the meeting or decision; and
(b) the sessional member is taken to be the Chair or Deputy Chair, as the case requires, for all purposes in relation to the meeting or decision.
Part 4—Information sharing
25 Authorised officers may request or require certain information
Requesting information to be given
(1) An authorised officer may request a relevant person, or a person prescribed by the rules for the purposes of this subsection, to give the authorised officer information that the authorised officer reasonably believes to be relevant to the performance of the functions or the exercise of the powers of the Commonwealth Parole Board:
(a) under this Act; or
(b) under Part IB of the Crimes Act 1914.
(2) The request need not be in writing.
Requiring information to be given
(3) An authorised officer may, by written notice, require a relevant person, or a person prescribed by the rules for the purposes of this subsection, to give the authorised officer information of a kind mentioned in subsection (1). The notice must contain particulars of the information requested.
(4) A person given a notice under subsection (3) must, as soon as practicable after the notice is given, comply with it to the extent that the person has, or can reasonably acquire, the information.
(5) Subsection (4) applies despite any other law of the Commonwealth, a State or a Territory (whether written or unwritten).
(6) Despite subsection (4), the Registrar or another officer of a court is not required to comply with a notice given under subsection (3) to the extent that the information relates to proceedings that have not been finally determined by the court.
26 Authorised officer may disclose Parole Board information to relevant persons
(1) An authorised officer may disclose Parole Board information to a relevant person if the authorised officer reasonably believes that the disclosure is necessary to enable the relevant person to exercise the person’s powers, or to perform the person’s functions or duties.
(2) An authorised officer may disclose Parole Board information to a person prescribed by the rules for the purposes of this subsection in a circumstance prescribed by the rules in relation to the person.
(3) Subsections (1) and (2) apply despite any other law of the Commonwealth, a State or a Territory (whether written or unwritten).
27 Authorised officer must not disclose sensitive Parole Board information other than under section 26
(1) An authorised officer must not disclose sensitive Parole Board information to a person, other than to a relevant person, unless the disclosure by the authorised officer is in accordance with section 26.
(2) Subsection (1) applies despite any other law of the Commonwealth, a State or a Territory (whether written or unwritten).
28 Meaning of relevant person
In this Act:
relevant person means any of the following:
(a) the Attorney‑General, or another person, to the extent that the Attorney‑General or other person performs functions or exercises powers under or in connection with any of the following:
(i) section 15A of the Crimes Act 1914;
(ii) Division 5 of Part III of the Crimes Act 1914;
(iii) the Crimes (Superannuation Benefits) Act 1989;
(iv) a law of a State or Territory applied by paragraph 68(1)(d) of the Judiciary Act 1903;
(v) the exercise of the Royal prerogative of mercy by the Crown in right of the Commonwealth;
(b) the Commissioner of the Australian Federal Police, a Deputy Commissioner of the Australian Federal Police, an AFP employee or a special member of the Australian Federal Police (all within the meaning of the Australian Federal Police Act 1979);
(c) a member of the police force or police service of a State or Territory;
(d) a person who exercises powers under, or performs functions or duties in connection with, any of the following:
(i) the Australian Crime Commission Act 2002;
(ii) the Crime Commission Act 2012 (NSW);
(iii) the Independent Commission Against Corruption Act 1988 (NSW);
(iv) the Law Enforcement Conduct Commission Act 2016 (NSW);
(v) the Independent Broad‑based Anti‑corruption Commission Act 2011 (Vic.);
(vi) the Crime and Corruption Act 2001 (Qld);
(vii) the Corruption, Crime and Misconduct Act 2003 (WA);
(viii) the Independent Commission Against Corruption Act 2012 (SA);
(ix) the Integrity Commission Act 2009 (Tas);
(e) the Director of Public Prosecutions or a person performing a similar function under a law of a State or Territory;
(f) a member of the staff of the Office of the Director of Public Prosecutions (within the meaning of the Director of Public Prosecutions Act 1983) or of a similar body established under a law of a State or Territory;
(g) an officer or employee of a State or Territory, or of an authority of a State or Territory, whose duties relate to corrective services (including prison medical services), justice or parole;
(h) a person who provides services for, or on behalf of, a State or Territory, or an authority of a State or Territory, whose duties relate to corrective services (including prison medical services), justice or parole;
(i) an officer of Customs;
(j) an officer or employee of a Department responsible for administering:
(i) the Australian Passports Act 2005; or
(ii) the Defence Force Discipline Act 1982; or
(iii) the Migration Act 1958;
(k) a member of the Defence Force;
(l) a staff member (within the meaning of the Australian Securities and Investments Commission Act 2001);
(m) a taxation officer (within the meaning of Schedule 1 to the Taxation Administration Act 1953);
(n) an officer or employee of the State Debt Recovery Office of New South Wales, or of a similar body established under a law of a State or Territory;
(o) the Registrar or another appropriate officer of a court;
(p) a person who performs functions or duties in connection with a superannuation scheme (within the meaning of the Crimes (Superannuation Benefits) Act 1989) of a person who is or was an employee (within the meaning of that Act);
(q) a practitioner (within the meaning of Part VAA of the Health Insurance Act 1973) who has provided services (within the meaning of that Part) to a federal offender.
Part 5—Administrative provisions for the Commonwealth Parole Board
29 Appointment of the members of the Commonwealth Parole Board
Appointment by Governor‑General
(1) A member of the Commonwealth Parole Board is to be appointed by the Governor‑General, by written instrument, on the recommendation of the Minister.
Qualification for appointment
(2) A person must not be appointed to the Commonwealth Parole Board unless the Minister is satisfied that the person has the appropriate qualifications, experience or knowledge to perform the role.
Composition of the Commonwealth Parole Board as a whole
(3) In recommending the appointment of the members of the Commonwealth Parole Board, the Minister must ensure that at least one of the Chair or the Deputy Chair is enrolled as a legal practitioner (however described) of a federal court or the Supreme Court of a State or Territory and has been so enrolled for at least 5 years.
(4) In recommending the appointment of the members of the Commonwealth Parole Board, the Minister must ensure that the membership of the Commonwealth Parole Board, taken as a whole:
(a) possesses an appropriate mix of qualifications, experience and knowledge, having regard to the functions of the Commonwealth Parole Board; and
(b) reflects as closely as possible the composition of the Australian community at large.
Qualifications
(5) For the purposes of subsection (2), the qualifications, experience or knowledge that a person may have include, but are not limited to, the following:
(a) qualifications or experience in, or knowledge of, law;
(b) qualifications or experience in, or knowledge of, law enforcement;
(c) qualifications or experience in, or knowledge of, matters relating to victims of crime;
(d) qualifications or experience in, or knowledge of, corrections (including, but not limited to, community corrections);
(e) qualifications or experience in, or knowledge of, medicine (including, but not limited to, psychiatry);
(f) qualifications or experience in, or knowledge of, psychology, social work, counselling or mental health (including, but not limited to, forensic psychology);
(g) qualifications or experience in, or knowledge of, criminology, sociology or another relevant field.
30 Period and basis of appointment of the members of the Commonwealth Parole Board
Period of appointment
(1) A member holds office for the period specified in the instrument of appointment. The period must not exceed 5 years.
Basis of appointment
(2) The Chair and the Deputy Chair must be appointed on a full‑time basis.
(3) A sessional member must be appointed on a sessional basis.
31 Obligation to fill vacancy as soon as practicable
(1) As soon as practicable after the office of a member becomes vacant, a member must be appointed under subsection 29(1).
(2) The obligation in subsection (1) applies only to the extent that, unless a member is appointed, the Commonwealth Parole Board would have fewer than 5 members.
32 Acting by operation of law
The Deputy Chair is to act as the Chair:
(a) during a vacancy in the office of Chair (whether or not an appointment has previously been made to the office); or
(b) during any period, or during all periods, when the Chair:
(i) is absent from duty; or
(ii) is, for any reason, unable to perform the duties of the office.
Note: For provisions that apply to acting appointments, see sections 33AB and 33A of the Acts Interpretation Act 1901.
33 Acting appointments
(1) The Minister may, by written instrument, appoint a person to act as the Chair, the Deputy Chair or a sessional member:
(a) during a vacancy in the office of the Chair, the Deputy Chair or a sessional member (whether or not an appointment has previously been made to the office); or
(b) during any period, or during all periods, when the Chair, the Deputy Chair or a sessional member:
(i) is absent from duty or from Australia; or
(ii) is, for any reason, unable to perform the duties of the office.
Note: For provisions that apply to acting appointments, see sections 33AB and 33A of the Acts Interpretation Act 1901.
Qualification for acting appointment
(2) A person must not be appointed to act as a member unless the person is qualified as mentioned in subsection 29(2) to be appointed as a member.
Composition of the Commonwealth Parole Board as a whole
(3) In appointing a person to act as a member, the Minister must ensure that the requirements of subsections 29(3) and (4) (composition of the Commonwealth Parole Board) continue to be satisfied.
34 Remuneration
(1) A member is to be paid the remuneration that is determined by the Remuneration Tribunal. If no determination of that remuneration by the Tribunal is in operation, a member is to be paid the remuneration that is prescribed by the rules.
(2) A member is to be paid the allowances that are prescribed by the rules.
(3) This section has effect subject to the Remuneration Tribunal Act 1973.
35 Leave of absence
Recreation leave for the Chair and Deputy Chair
(1) The Chair has the recreation leave entitlements that are determined by the Remuneration Tribunal.
(2) The Deputy Chair has the recreation leave entitlements that are determined by the Remuneration Tribunal.
Other leave for the Chair and Deputy Chair
(3) The Minister may grant leave of absence, other than recreation leave, to the Chair or the Deputy Chair, on the terms and conditions as to remuneration or otherwise that the Minister determines.
Leave for the sessional members
(4) The Minister may grant leave of absence to a sessional member on the terms and conditions that the Minister determines.
36 Other paid work
(1) The Chair and the Deputy Chair must not engage in paid work outside their duties without the Minister’s approval.
(2) A sessional member must not engage in paid work outside the duties of the member that, in the Minister’s opinion, conflicts, could conflict or could reasonably be perceived to conflict with the performance of their duties as a member.
37 Disclosure of interests
A member must give written notice to the Minister of all interests, pecuniary or otherwise, that the member has or acquires and that conflict, could conflict, or could reasonably be perceived to conflict with the proper performance of the member’s functions.
38 Other terms and conditions
A member holds office on the terms and conditions (if any) in relation to matters not covered by this Act that are determined by the Minister.
39 Resignation
(1) A member may resign the member’s appointment by giving the Governor‑General a written resignation.
(2) The resignation takes effect on the day it is received by the Governor‑General or, if a later day is specified in the resignation, on that later day.
40 Termination of appointment
(1) The Governor‑General may terminate the appointment of a member:
(a) for misbehaviour; or
(b) if the member is unable to perform the duties of the member’s office because of physical or mental incapacity.
(2) The Governor‑General may terminate the appointment of a member if:
(a) the member:
(i) becomes bankrupt; or
(ii) applies to take the benefit of any law for the relief of bankrupt or insolvent debtors; or
(iii) compounds with the member’s creditors; or
(iv) makes an assignment of the member’s remuneration for the benefit of the member’s creditors; or
(v) fails, without reasonable excuse, to comply with section 37;
(b) in the case of the Chair or the Deputy Chair:
(i) the Chair or the Deputy Chair is absent, except on leave of absence, for 14 consecutive days or for 28 days in any 12 months; or
(ii) the Chair or the Deputy Chair engages, except with the Minister’s approval, in paid work outside the duties of the Chair or the Deputy Chair (see subsection 36(1)); or
(c) in the case of a sessional member:
(i) the member is absent, except on leave of absence, from 3 consecutive meetings of the Commonwealth Parole Board; or
(ii) the member engages in paid work that, in the Minister’s opinion, conflicts or could conflict with the proper performance of the member’s duties (see subsection 36(2)).
Part 6—Miscellaneous
41 Commonwealth Parole Board is part of the Department for certain purposes
(1) For the purposes of paragraph (a) of the definition of Department of State in section 8 of the Public Governance, Performance and Accountability Act 2013, the Commonwealth Parole Board is prescribed in relation to the Department.
Note: This means that the Commonwealth Parole Board members are officials of the Department for the purposes of the Public Governance, Performance and Accountability Act 2013.
(2) If a member is an official of a Commonwealth entity other than the Department, then, for the purposes of the Public Governance, Performance and Accountability Act 2013, the member is not an official of the Department merely because they are a member.
42 Delegation by the Minister
The Minister may, in writing, delegate the Minister’s functions under the following provisions to the Chair:
(a) subsection 35(4) (which deals with leave of absence for sessional members);
(b) subsection 36(2) (which deals with paid work that may involve a conflict).
44 Annual report
(1) After the end of each financial year, the Chair must prepare and give an annual report to the Minister, for presentation to the Parliament, on the Commonwealth Parole Board’s activities during the period.
Note: See also section 34C of the Acts Interpretation Act 1901, which deals with periodic reports.
(2) The report prepared by the Chair for a financial year must set out:
(a) the activities of the Commonwealth Parole Board during the financial year in relation to its functions; and
(b) a description of the caseload of the Commonwealth Parole Board during the financial year; and
(c) any emerging issues relating to the functions of the Commonwealth Parole Board.
(3) If the Chair considers that the annual report contains sensitive Parole Board information, the Chair must also prepare and give to the Minister, at the same time as the annual report, a version of the report which does not contain that information.
(4) In determining whether the annual report contains sensitive Parole Board information, the Chair may consult the Minister.
(5) The Minister must cause a copy of:
(a) the annual report; or
(b) if the annual report contains sensitive Parole Board information—the corresponding version of the report which does not contain that information;
to be tabled in each House of the Parliament within 15 sitting days of that House after the report is given to the Minister.
(6) The Chair must cause a copy of:
(a) the annual report; or
(b) if the annual report contains sensitive Parole Board information—the corresponding version of the report which does not contain that information;
to be published on the Commonwealth Parole Board’s website as soon as practicable after the report is tabled in the House of Representatives.
45 Review of operation of this Act
(1) The Minister must cause a review of the operation of the parole framework to be undertaken as soon as practicable after the end of the period of 36 months after the commencement of this Act, and not later than 48 months after that commencement.
(2) Without limiting subsection (1), the review must consider:
(a) whether the parole framework is fit for purpose; and
(b) the composition, operation and decision‑making processes of the Commonwealth Parole Board.
(3) The reviewer must give the Minister a written report of the review within 12 months of the commencement of the review.
(4) The Minister must cause a copy of the report of the review to be tabled in each House of the Parliament within 15 sitting days of that House after the report is given to the Minister.
(5) In this section:
the parole framework means:
(a) this Act; and
(b) the Crimes Act 1914 as it applies in relation to parole and related matters including, but not limited to, Part IB of that Act.
46 Rules
The Minister may make rules prescribing matters:
(a) required or permitted by this Act to be prescribed; or
(b) necessary or convenient to be prescribed for carrying out or giving effect to this Act.