Mechanically, this Act rewrites parts of the Crimes Act 1914 so that an independent Commonwealth Parole Board — not the Attorney‑General — makes parole decisions for federal offenders. Key new or altered powers appear as sections 19AKB, 19AKC, 19AKD, 19AKE and related provisions.
The Act also creates transitional rules to carry existing parole orders, notices and judicial review rights over into the new system, and gives a limited power to the Minister to make rules needed for the transition (subject to enumerated limits).
Who is affected
Federal offenders (people convicted of Commonwealth offences) whose parole decisions were previously made by the Attorney‑General or the Commonwealth Parole Office. See new sections 19AKB–19AKD for how decisions are to be made.
Victims and their representatives, state/territory corrective services, the Australian Federal Police (AFP) and a range of Commonwealth and state agencies that will be asked to provide information to or receive information from the Parole Board (see amendments around "relevant persons", e.g. insertion into section 20BZ and transitional item 5).
The Attorney‑General’s Department and other agencies that will supply records and pre‑release reports; and the Commonwealth budget which must carry the Board’s operating costs.
What the Board must do and how it works (mechanics)
The Commonwealth Parole Board (Consequential and Transitional Provisions) Act 2026 amends the Crimes Act 1914 to transfer parole decision-making authority from the Attorney-General to the newly established Commonwealth Parole Board. Schedule 1 contains the consequential amendments. Item 1 of Schedule 1 repeals the existing definition of parole order in subsection 16(1) of the Crimes Act and substitutes a new definition that refers to subsection 19AKD(1). Item 2 inserts definitions for Chair of the Commonwealth Parole Board, Commonwealth Parole Board, eligible for release and relevant pre-release period. Item 6 repeals section 19AL entirely and substitutes new sections 19AKB, 19AKC, 19AKD, 19AKE and 19AKF. These provisions require the Board to decide before the end of a non-parole period whether to make a parole order, refuse to make one or defer the decision for up to three months. Item 7 amends subsection 19ALA(1) so that the Board rather than the Attorney-General may have regard to listed matters when making parole decisions. Item 9 substitutes subsection 19ALB(1) to prohibit the Board from making a parole order for certain terrorism-related offenders unless exceptional circumstances exist. Item 17 inserts new paragraph 19APA(1)(da) allowing the Board to amend the release date specified in a parole order. Item 19 inserts new Subdivision AA after Subdivision A of Division 5 of Part IB, creating sections 19APC to 19APF that authorise the Board to rescind a parole order or licence during the pre-release period on grounds including serious identifiable risk to the community or the offender, a request from the offender or a substantial change in a matter previously considered. Items 20 to 38 replace references to the Attorney-General with references to the Commonwealth Parole Board in sections dealing with revocation of parole orders, licences for offenders with mental illness or intellectual disability, and related provisions. Item 39 expands the definition of relevant person in section 20BZ to include Board members and persons made available to assist the Chair. Schedule 2 sets out transitional provisions. Item 1 provides that the amended Crimes Act applies on and after commencement to sentences, orders and other things decided or done before, on or after commencement, with the Board stepping into the role previously performed by the Attorney-General. Item 2 saves existing parole orders and licences made or granted before commencement. Item 3 requires the Board to give notices under the new section 19AKF where the Attorney-General had refused parole but had not yet notified the person. Item 4 preserves rights to judicial review under the Administrative Decisions (Judicial Review) Act 1977 for matters arising before commencement. Item 5 ensures that information acquired before commencement is captured by the new information-sharing provisions. Item 6 authorises the Minister to make transitional rules by legislative instrument, subject to explicit limitations that prevent the rules from creating offences, imposing taxes or directly amending the Act text.
Official source available
Zoe has indexed the source text for search and analysis. Use the official register for the original document and download formats.
Introduced with the Commonwealth Parole Board Bill 2025, the bill amends the Crimes Act 1914 to support the establishment of the Commonwealth Parole Board.
Parliamentary progress
Progress
House of Representatives
Introduced and read a first time
08 Oct 2025
Second reading moved
08 Oct 2025
Referred to Federation Chamber
25 Nov 2025
Second reading debate
25 Nov 2025
Reported from Federation Chamber
26 Nov 2025
Second reading agreed to
26 Nov 2025
Third reading agreed to
26 Nov 2025
Senate
Introduced and read a first time
27 Nov 2025
Second reading moved
27 Nov 2025
Second reading debate
02 Mar 2026
Second reading debate
04 Mar 2026
Second reading debate
05 Mar 2026
Second reading agreed to
01 Apr 2026
Third reading agreed to
01 Apr 2026
Finally passed both Houses
01 Apr 2026
Assent
Act no: 33
Year: 2026
08 Apr 2026
Notes
Documents and transcripts
Text of bill
First reading
As passed by both Houses
Explanatory memoranda
Explanatory memorandum
Transcript of speeches
All second reading speeches
Minister's second reading speech
Proposed amendments
Senate
CW - Opposition [sheet 3655]
CASH, Sen Michaelia
Schedules of amendments
No documents at present
Bills digest
Bills Digest
Timing and decisions: Before the end of a person’s non‑parole period the Parole Board must either (a) make a parole order, (b) refuse to make one, or (c) defer the decision to up to 3 months after the end of the non‑parole period (new section 19AKB). If the Board refuses, it must reconsider within a standard 12‑month window (19AKC), which may be extended up to 24 months.
Making an order: If the Board decides to make a parole order it must make it in writing as soon as possible and must state whether release is subject to supervision and, if relevant, the day supervision ends (19AKD). The Board may, in some cases, order release up to 30 days before the end of the non‑parole period (19AKD(3)).
Pre‑release rescission: The Board may rescind (cancel) a parole order or licence during the "relevant pre‑release period" (the period from when the order was made until the day of release) for specified reasons: serious unmitigable risk to community safety, serious unmitigable risk to the person’s own safety, the person requests rescission, or there has been a substantial change in matters the Board relied on (19APC). The person must be notified and given 14 days to submit reasons why the rescission should not remain in effect (19APD). If rescission remains, it is treated as a refusal (19APE). Note: the Act distinguishes "rescission" (pre‑release cancellation) from "revocation" (after release) (19APF).
Amendments to existing powers: The Board may amend parole orders while a person is under sentence, including changing the release date (inserting an express power at 19APA(1)(da)). Certain terrorism‑related parole restrictions remain: the Board cannot make parole orders for specified terrorism offenders unless "exceptional circumstances" are shown (recast at 19ALB).
Information sharing and evidence: The Act updates definitions and the list of "relevant persons" who may receive or be required to provide Parole Board information (Schedule 1 inserts the Chair and members into the list at 20BZ; Schedule 2 confirms that information acquired before commencement counts for the Board’s information powers). The Board’s enabling Act (separately) contains specific information‑gathering and disclosure powers; this Act aligns the Crimes Act with those arrangements.
Transitional measures: Existing parole orders and licences made under the old regime continue in force under the new Act (Schedule 2, item 2). If the Attorney‑General had refused parole before commencement but had not given a statutory notice, the Board must give the notice within 14 days (Schedule 2, item 3). Ongoing judicial review rights preserved (Schedule 2, item 4).
Stated purpose and a quick test against practical trade‑offs
Official claim: the provisions are intended to remove primary parole decision‑making from political actors and vest it in an independent, expert Parole Board (the Parole Board Act and this consequential Act together effect that transfer).
Practical effects and trade‑offs: the Act does remove the formal decision‑making role of the Attorney‑General, but:
appointment and governance remain connected to executive processes (members are appointed by the Governor‑General on the Attorney‑General’s recommendation and the Minister can make rules); that preserves an executive link to composition and rules‑making (see definition changes and rule power in Schedule 2, item 6 and Schedule 1 insertions about the Chair).
the Board has new operational powers not clearly available to the Attorney‑General previously — most notably explicit pre‑release rescission (19APC), and an express power to change a parole release date (19APA(1)(da)). Those are substantive changes to how cases are managed, not mere renamings of decision‑makers.
information sharing is broadened in practical terms (existing records before commencement count, Schedule 2 item 5), and several agencies are expressly listed as "relevant persons", which increases the number of parties that must or may provide material to the Board and who may receive Parole Board information.
Who pays, who decides, and how behaviours change
Who pays: Commonwealth funding will be required to operate the Parole Board and to resource extra administrative work across agencies (pre‑release reports, information provision and case management). Individual applicants (prisoners) may face different practical costs (e.g. legal assistance, preparing submissions), and agencies may absorb record‑management costs.
Who decides: The Commonwealth Parole Board is the decision‑maker for federal parole matters (see 19AKB–19AKD). The Attorney‑General’s direct decision role is removed for those matters, but the Attorney‑General still recommends appointments and may request advice from the Board in other areas (this Act preserves advisory interactions elsewhere in the Parole Board Bill).
Behaviour change: Departments and state/territory corrective services will need to deliver timely pre‑release material and to adapt to statutory notice timelines (14 days for refusal/deferral notices (19AKF), and 14 days to respond to a rescission notice (19APD)). Offenders will have new procedural pathways (reconsideration windows at 19AKC, and a 14‑day submission right if the Board rescinds a pre‑release order (19APD)). The Board’s discretion to rescind orders shortly before release may increase the use of pre‑release risk management rather than post‑release revocation in some cases.
Implementation risks, compliance burden and incentives
Implementation risk: setting up a new national board, staffing, drafting and publishing procedures, and aligning Commonwealth and state records is administratively non‑trivial. Transitional rules (Schedule 2, item 6) permit practical fixes, but those rules cannot create offences, expand arrest/detention powers or amend the Act text directly.
Compliance burden and incentives: agencies named as "relevant persons" will face a statutory requirement to provide information where reasonably able (the broader Parole Board Act contains explicit compulsion powers). That shifts effort and record‑sharing costs onto corrective services, AFP, DPPs, Customs, Defence, Tax Office and others. The Board’s rescue and amendment powers create incentives for more detailed, up‑to‑date pre‑release reporting; prisoners have a stronger procedural right to reasons and short submissions where orders are rescinded or refused.
Bureaucratic discretion and oversight: the Board has broad discretion in decision‑making (the Parole Board Act gives that discretion), but this Act also gives the Board specific procedural duties and timelines. Appointment via executive recommendation and the Minister’s rule power leave governance levers in the hands of the executive branch (appointment and rules), even as day‑to‑day parole decisions shift to an expert body.
Concrete legal changes to watch in practice
Pre‑release rescission (19APC) — a new mechanism that can cancel an order after it is made but before release, with a short submission window (19APD) and a statutory effect that equates unresolved rescission to a refusal (19APE).
Reconsideration timing (19AKC) — potential repeated deferrals up to a 24‑month ceiling for reconsideration, with a 12‑month default.
Express power to change release dates in parole orders (19APA(1)(da)).
Transitional preservation of existing orders and judicial review rights (Schedule 2 items 2 and 4).
Bottom line
Mechanically, the Act shifts parole decision‑making for federal offenders from the Attorney‑General to a statutorily established Commonwealth Parole Board, preserves existing orders during the transition, adds specific procedural and substantive powers for the Board (notably pre‑release rescission and power to amend release dates), and broadens and clarifies information‑sharing arrangements. The change reduces the Attorney‑General’s formal decision role but retains executive influence via appointments and rule‑making. See particularly sections 19AKB–19AKD, 19AKC, 19APC–19APF, and the transitional items in Schedule 2.
Main concepts
The central concept is the replacement of executive decision-making on federal parole with independent expert decision-making. The Act defines parole order by reference to the new subsection 19AKD(1) and introduces the concepts of deciding to make a parole order, refusing to make a parole order and deferring a decision. It creates the notion of a reconsideration period of 12 months, extendable to 24 months, following a refusal. The pre-release period is defined as the interval between the making of a parole order and the scheduled release date, during which rescission is possible. The Act distinguishes rescission of a parole order before release from revocation after release. It preserves the existing list of matters in subsection 19ALA(1) that the Board may consider, including risk to the community, the offender's conduct in prison, the effect on victims, the nature of the offence and criminal history. The concept of exceptional circumstances is retained for terrorism offenders under section 19ALB. Information-sharing is framed around authorised officers requesting or disclosing Parole Board information to relevant persons, with sensitive information protected unless disclosure is authorised. Transitional concepts include the saving of existing parole orders, the continuation of judicial review rights and the application of the new framework to pre-commencement decisions. The Act also introduces the idea that the Board is not required to decide parole for offenders still serving State or Territory sentences until they become eligible for release in relation to those sentences.
Who it affects
The Act directly affects federal offenders serving sentences for Commonwealth offences such as drug importation, online child sex offences, terrorism and social security fraud. These offenders will have their parole applications determined by the Commonwealth Parole Board rather than the Attorney-General. It affects victims of federal offences and their families because the Board must consider the likely effect on them when deciding parole. State and Territory corrective services agencies and parole authorities are affected because they provide reports and information to the Board under the amended section 19ALA. Law enforcement agencies including the Australian Federal Police, State and Territory police, the Australian Criminal Intelligence Commission and Directors of Public Prosecutions are affected by the new information request and disclosure powers in clauses 25 and 26 of the related Commonwealth Parole Board Act 2026, which this Act supports. Commonwealth, State and Territory taxation officers, customs officers and members of the Defence Force may receive or be required to provide information. Legal practitioners acting as counsel to the Board and APS employees, AFP members and intelligence agency staff made available to assist the Board are affected by the administrative and procedural provisions. The Attorney-General's Department is affected by the removal of its previous parole decision-making role. Offenders with mental illness or intellectual disability who are subject to licences under sections 20BC to 20BM are affected because references to the Attorney-General are replaced by references to the Board. Persons seeking judicial review of pre-commencement parole decisions retain their rights under the Administrative Decisions (Judicial Review) Act 1977.
What people will want to know
Federal offenders will want to know that the Board must decide on parole before the end of the non-parole period or as soon as practicable afterwards, and that a refusal triggers a reconsideration period of 12 to 24 months. They will want to know they must receive written notice within 14 days of a refusal or deferral, including reasons and information about reconsideration rights. Victims will want to know that the Board may consider the likely effect on them or their family when deciding parole and that they may be interviewed. Offenders will want to know that the Board can rescind a parole order before release if it identifies a serious risk to the community or the offender that cannot be mitigated, or if there has been a substantial change in relevant matters. They will want to know that existing parole orders continue in force with the same conditions. Legal practitioners will want to know that at least one of the Chair or Deputy Chair must have been enrolled as a legal practitioner for five years and that the Board may appoint counsel. Agencies will want to know that they can be required to provide information reasonably believed to be relevant to the Board's functions and that disclosure of sensitive information is restricted. All parties will want to know that the Act commences immediately after Part 2 of the Commonwealth Parole Board Act 2026 and that a review of the parole framework must be conducted between three and four years after commencement.
Status and what happens next
The Bill received royal assent on 8 April 2026 and became Act No. 33 of 2026. It commenced immediately after the commencement of Part 2 of the Commonwealth Parole Board Act 2026. The Commonwealth Parole Board is now operational and has assumed responsibility for all parole decisions for federal offenders. Existing parole orders made by the Attorney-General continue in operation as if made by the Board. The Minister may make rules under item 6 of Schedule 2 to deal with any further transitional matters. A review of the operation of the parole framework must be conducted no later than four years after commencement, with the report to be tabled in Parliament. The Senate Legal and Constitutional Affairs Legislation Committee reported on the Bill on 19 November 2025 and the Parliamentary Joint Committee on Human Rights considered it in Report 6 of 2025. No further parliamentary action is required. The Federal Register of Legislation contains the official electronic version of the Act.
Powers, duties and rights created
The Act confers on the Commonwealth Parole Board the duty to decide before the end of a non-parole period whether to make, refuse or defer a parole order under new section 19AKB. It creates the power to make a parole order as soon as possible after deciding to do so, to specify whether supervision applies and to set an earlier release date within 30 days of the end of the non-parole period. The Board gains the power to reconsider a refusal within the reconsideration period and to defer that reconsideration. It acquires the power to rescind a parole order or licence during the pre-release period on the grounds set out in new section 19APC. The Chair or Deputy Chair may revoke a parole order in urgent cases on behalf of the Board. The Board has the power to amend parole orders, including by changing the release date. Authorised officers may require relevant persons to provide information and may disclose Parole Board information to relevant persons. The Act creates rights for offenders to receive written notice of refusals, deferrals and rescissions, to make submissions in response to a rescission notice and to have the rescission reconsidered. It preserves the right to apply for judicial review of pre-commencement decisions. The Minister gains the power to make rules prescribing transitional matters. The Board has complete discretion in performing its functions and is not subject to direction from any person.
Money, penalties and enforcement
The Act does not create new criminal offences or civil penalties. It does not appropriate funds from the Consolidated Revenue Fund. Enforcement of parole conditions continues under the existing provisions of the Crimes Act 1914, with the Board now exercising the powers previously held by the Attorney-General to revoke parole orders for non-compliance. The requirement to provide information under clause 25 of the related Commonwealth Parole Board Act 2026 applies despite any other Australian law, but the Act itself does not impose penalties for non-compliance with information requests. Transitional rules made under item 6 of Schedule 2 cannot create offences or civil penalties. The Act does not alter the existing arrangements for enforcement of fines or the Royal prerogative of mercy, although the Board may provide advice to the Attorney-General on those matters when requested. Costs associated with the operation of the Board, including member remuneration and staff assistance, are met through existing departmental appropriations.
Pressure points and controversies
The official materials records that the Bills were referred to the Senate Legal and Constitutional Affairs Legislation Committee, which reported on 19 November 2025, and were considered by the Parliamentary Joint Committee on Human Rights in Report 6 of 2025. The Law Council of Australia welcomed the legislation as an important step towards removing politics from parole decisions. The material notes that the Commonwealth was previously the only Australian jurisdiction without an independent parole board and that previous Australian Law Reform Commission reports had recommended the establishment of such a body on grounds of procedural fairness, transparency and independence from the executive. A policy trade-off exists between granting the Board broad discretion to consider any matters it considers relevant and the absence of a statutory requirement that community safety be the paramount consideration, unlike the position in some State and Territory legislation. Another trade-off arises from the information-gathering powers that apply despite other laws, balanced against protections for sensitive information that could prejudice investigations, endanger safety or affect national security. The ability of the Board to rescind parole orders before release on grounds of serious risk introduces a new procedural step that may affect the certainty of release dates for offenders and victims. The requirement for at least one legally qualified Chair or Deputy Chair and the community-representative composition requirement seek to balance expertise with public confidence. The three-to-four-year statutory review provides a mechanism to assess whether these arrangements achieve the intended improvements in decision-making quality and independence.
What changes if it passes
Because the Act has received royal assent and commenced, parole decisions for federal offenders are now made by an independent statutory board rather than the Attorney-General. The decision-making process is governed by the new sections 19AKB to 19AKF of the Crimes Act 1914, which set strict timeframes and require written reasons for refusals and deferrals. Offenders have clearer rights to notice and reconsideration. The Board may rescind parole orders in the pre-release period on expanded grounds. Existing parole orders continue unchanged. Information-sharing arrangements between the Board and law enforcement and corrective services agencies are formalised. The Attorney-General retains responsibility for certain related functions such as the Royal prerogative of mercy but receives advice from the Board on request. A statutory review will examine the framework within four years. Judicial review rights for past decisions are preserved. The overall effect is that parole decisions are removed from direct ministerial control and placed with an expert body whose membership must reflect the Australian community and include legal expertise.
Social post angles
Independent parole decisions now the norm for federal offenders after royal assent of consequential Act. The legislation completes the transfer of authority from the Attorney-General to an expert board with defined timeframes and reasons requirements. Australia aligns with other jurisdictions by ending elected-official parole decisions for Commonwealth offenders. Victims and offenders gain clearer procedural rights including 14-day notice of refusals and opportunities to make submissions on rescission. Pre-release rescission power allows the Board to act on new serious risks before an offender leaves prison. Three-to-four-year statutory review will test whether the new framework improves transparency and reduces politicisation. Information-sharing provisions formalise cooperation between the Board, police and corrective services while protecting sensitive national security material. Legal requirement for a legally qualified Chair or Deputy Chair ensures professional oversight of complex parole cases.
Notes
Considered by scrutiny committee (29/10/2025): Parliamentary Joint Committee on Human Rights; Report 6 of 2025
Referred to Committee (30/10/2025): Senate Legal and Constitutional Affairs Legislation Committee; Committee report (19/11/2025)
An electronic version of this Act is available on the Federal Register of Legislation (www.legislation.gov.au)
The Commonwealth is the only Australian jurisdiction without an independent parole board. Parole decisions regarding federal offenders are currently made by the Commonwealth Parole Office (which sits within the Attorney-General’s Department) in coordination with the Attorney-General.
The Commonwealth Parole Board Bill 2025 and the Commonwealth Parole Board (Consequential and Transitional Provisions) Bill 2025 establish an independent Commonwealth Parole Board that will make parole decisions for federal offenders. The Parole Board will:
be constituted by a Chair, Deputy Chair and at least 3 sessional members, who will have expertise in relevant parole-related matters
have the power to make, amend, revoke or rescind parole for federal offenders
be authorised to request relevant information from relevant persons (as prescribed by the rules) and, where relevant, disclose information to relevant persons including law enforcement officials
have discretion in exercising its functions and powers.
In deciding to make parole decisions, the Parole Board may consider a broad range of matters that the Attorney-General can currently consider, including the risk to the community of releasing the person on parole; the person’s conduct while they have been serving their sentence; and the likely effect on the victim, or victim’s family, of releasing the person on parole.
The Law Council of Australia has welcomed the introduction of the Parole Board Bill as ‘an important step towards taking politics out of parole.’
The Bills have been referred to the Senate Legal and Constitutional Affairs Committee for inquiry and report by 19 November 2025.
Introductory Info
Date of introduction: 8 October 2025
House introduced in: House of Representatives
Portfolio: Attorney-General
Commencement: Part 1 of the Commonwealth Parole Board Bill 2025 commences on Royal Assent. Parts 2 to 6 of that Bill commence on the earlier of proclamation or 12 months after Royal Assent. The Commonwealth Parole Board (Consequential and Transitional Provisions) Bill 2025 commences immediately after the commencement of Part 2 of the Commonwealth Parole Board Act 2025.
Purpose and Structure of the Bill
The purpose of the Commonwealth Parole Board Bill 2025 (Parole Board Bill) is to establish an independent Commonwealth Parole Board (Parole Board). The Parole Board would be constituted by independent experts, and would replace the making of parole decisions, which are currently made by the Commonwealth Parole Office (which sits within the Attorney-General’s Department) in coordination with the Attorney-General.
The purpose of the Commonwealth Parole Board (Consequential and Transitional Provisions) Bill 2025 (C&TP Bill) is to amend the Crimes Act 1914 to reflect the transition of parole decisions to the new Parole Board instead of the Attorney-General.
Background
Brief overview of parole in Australia
It is a principle of sentencing at common law, reflected in section 17A of the Crimes Act, that imprisonment is the punishment of last resort. A court should not impose a sentence of imprisonment unless satisfied, after considering all other available sentences, that no other sentence is appropriate in all the circumstances of the case. When a person is sentenced to imprisonment on conviction for a criminal offence, the court often sets a non-parole period, which is the minimum period that an offender must spend in prison. In Deakin v R, the High Court stated:
The intention of the legislature in providing for the fixing of minimum terms is to provide for mitigation of the punishment of the prisoner in favour of his rehabilitation through conditional freedom, when appropriate, once the prisoner has served the minimum time that a judge determines justice requires that he must serve having regard to all the circumstances of his offence. [para. 3]
Parole is the conditional release of a prisoner from custody, often with attached conditions, but only after the expiration of their non-parole period. Any conditions associated with the parolee’s release on parole are set by the relevant parole authority. Parole forms part of the sentence, as a parolee remains under sentence while on release, until the expiry of the full term imposed by the sentencing court.
The underpinning notion of parole is that it provides an appropriate transition for offenders, who are nearing the end of their sentence, to reintegrate back into society whilst remaining appropriately monitored for a period of time. As the Australian Law Reform Commission (ALRC) stated in ALRC Report 133, Pathways to justice: inquiry into the incarceration rate of Aboriginal and Torres Strait Islander peoples, the setting of a parole date can be a positive step towards reintegration:
The setting of a parole date is seen to incentivise good behaviour and rehabilitation while an offender is in prison, and parole is seen to facilitate prisoner reintegration back into society. Parole generally involves case management to provide suitable accommodation, make referrals to required services, and help parolees manage financial, personal and other problems. (p. 302)
Each jurisdiction in Australia manages the parole process for offenders sentenced in that jurisdiction. The Commonwealth is the only Australian jurisdiction without an independent parole board. The Law Council of Australia has reflected on the Commonwealth’s unique status regarding parole:
The Commonwealth is currently the only jurisdiction in Australia where elected officials make primary decisions about parole. At the moment, once a federal offender is sentenced, the responsibility for determining parole decisions shifts to the federal Attorney-General.
Current parole settings in Australian jurisdictions
Whether a person is eligible for parole for their sentence of imprisonment will depend on the specific laws of the state or territory in which they were sentenced. As outlined in Table 1, every state and territory has an independent parole body that determines parole applications. However, as set out above, the Commonwealth does not have an independent parole board making decisions about federal offenders’ parole.
Generally, before a parole board decides to release a prisoner, the board will be required (often by law) to consider a range of factors. To do this, parole boards usually gather information about the prisoner from a variety of persons, including the prisoner themselves, as well as the prisoner’s family, staff at the prison, and victims (see, for example, a list of persons the Parole Board of the Northern Territory collects information from before determining parole).
It is common for ‘community safety’ to be the paramount consideration that a parole board must take into account in relation to any potential release of a person on parole. For instance, as the Parole Board of Queensland states:
When considering whether to grant parole the overriding consideration for the Board is community safety; it is the highest priority for the Board in its decision making process. This requires consideration of not only whether there is an unacceptable risk to the community if the prisoner is released to parole, but also whether the risk to the community would be greater if the prisoner ended up having no time under parole supervision before the end of their sentence. [emphasis added]
Parole boards will also consider a variety of other circumstances when assessing a prisoner’s suitability for parole. For instance, the Prisoners Review Board of Western Australia lists the legislative requirements the Board is to consider when determining a parole application (which reflect common considerations that parole boards across other jurisdictions must also consider). These include:
the likelihood of a prisoner re-offending if released to parole
the level of risk a prisoner's release to parole would pose to the community or any individual
the circumstances and the seriousness of the prisoner’s crime
the prisoner's criminal history
issues for any victim if the prisoner is released to parole, including any matters raised in a victim’s submission and
the prisoner’s behaviour whilst in prison.
Table 1 Parole boards in Australian jurisdictions, and whether prospective parolees are required to apply for release on parole
Jurisdiction
Who determines parole decisions?
Do parolees have to apply for release on parole?
Australian Capital Territory
ACT Sentence Administration Board
Yes - prisoners are required to apply for parole consideration
Commonwealth
The Attorney-General (or their delegate, through the Commonwealth Parole Office (CPO) which sits within the Attorney-General’s Department)
No - considered automatically
New South Wales
State Parole Authority (which only considers parole for prisoners serving sentences longer than 3 years and 1 day. Prisoners serving sentences of 3 years or less are automatically released from custody on a statutory parole at the end of the non-parole period.)
No - considered automatically
Northern Territory
Parole Board of the Northern Territory
Yes - prisoners are required to apply for parole consideration
Queensland
Parole Board Queensland
Yes - prisoners are required to apply for parole consideration
South Australia
SA Parole Board
No (automatic release) - Most people serving sentences less than 5 years are automatically released within 30 days of the end of their non-parole period
Yes (required to apply) - prisoners serving sentences longer than 5 years are required to apply to the Parole Board for release. Additionally, some people serving sentences less than 5 years who have committed certain offences (e.g. sexual offences or serious firearms offences) are not automatically released and are required to apply to the Parole Board for release.
Tasmania
Parole Board of Tasmania
Yes - prisoners are required to apply for parole consideration
Victoria
Adult Parole Board
Yes - prisoners are required to apply for parole consideration
Western Australia
Prisoners Review Board of Western Australia
No (automatic release) - Generally the Board will consider a prisoner's case approximately two to six weeks before the prisoner’s earliest eligibility date.
Source: relevant parole board websites from each jurisdiction, and, in some cases, legislative registers.
Parole decisions for federal offenders
Commonwealth parole decisions for federal offenders are made by the Attorney-General in coordination with delegates within the Commonwealth Parole Office (CPO), located within the Attorney-General’s Department. Federal offenders are people who are convicted of a Commonwealth offence, such as drug importation, online child sex offences, terrorism or social security fraud. The Parole Board’s remit will be limited to considering parole in relation to federal offenders. Parole decisions for Commonwealth offenders are governed by Part IB of the Crimes Act.
Subsection 19AL(1) of the Crimes Act requires the Attorney-General to make a decision about a person’s release on parole before the end of their non-parole period. In deciding, the Attorney-General may have regard to a range of matters including a person’s risk to the community if released, the person’s conduct during their sentence, and the likelihood that a person will comply with the parole order conditions (as outlined in subsection 19ALA(1)). However, as outlined in subsection 19ALA(2), the Attorney-General is not limited to considering the prescribed matters. Unlike some state and territory legislation, the Commonwealth Crimes Act does not require that consideration of risk to the community be of paramount consideration when making a parole decision (nor is this something the Attorney-General is required to consider).
Legal Aid NSW has provided an overview of the process leading up to the Attorney-General’s decision being made:
Several months before the end of the non-parole period Corrective Services will prepare a pre-release report about a federal offender’s behaviour in prison. This report will either recommend the offender not be released or indicate that release is recommended. This report will be provided to the Commonwealth Parole Office and will be influential in their decision.
The Commonwealth Parole Office will send a ‘Notice of Likely Refusal of Parole’ or ‘Adverse Comments Letter’ to offenders at risk of refusal and request a response from them. This letter will be sent to the Parole Unit or the SAPO [Service and Programs Officers] at the gaol to be given to the offender. The offender may be given very little time to respond (sometimes only 2 days). The parole unit or SAPO may simply give them a pen and paper and ask them to write their response on the spot. (p. 2)
Previous calls for an independent Commonwealth Parole Board
There have long been calls for an independent Commonwealth parole board, as well as preparatory plans to establish such a board. For instance, in 1975, former Commonwealth Attorney-General Keppel Enderby was reported as having early discussions with State Ministers of Justice to establish a federal parole board.
The ALRC has, at different times, also recommended the Commonwealth could potentially establish a federal parole board, noting intractable challenges with the federal parole system. For instance, former Justice of the High Court Michael Kirby, in his capacity as Chairman of the ALRC in 1983, stated that ‘of all the defective Australian systems for the early release of prisoners, the federal system is the most defective.’ Kirby suggested that parole decisions should be removed from the federal Attorney-General and given to a federal parole board.
1980 ALRC Report
In the 1980 ALRC Interim Report, Sentencing of federal offenders (Report no. 15), the ALRC discussed the federal parole process. The report (p. 196) briefly suggests that ‘the Commonwealth should establish its own entirely separate parole system’, and Recommendation 118 recommends that:
A Commonwealth Parole Board should be established as the Federal parole authority to hear applications for and relating to parole concerning Federal prisoners. This Board should be itinerant and should take over from Commonwealth parole authorities their present parole responsibilities. (p. lii)
The Report also discusses why it may be inappropriate for the Attorney-General (and the Governor-General, acting on the advice of the Attorney-General) to make parole decisions affecting federal prisoners:
The Governor-General and the Attorney-General both have wide ranging national responsibilities to discharge. In neither case would it be appropriate, nor reasonable to expect them to be involved in formal parole hearings
…
The course preferred by the Commission is for the Commonwealth to establish a small itinerant Commonwealth Parole Board. The Board’s membership should consist of a Chairman and Deputy Chairman, who should be Judges of the Federal Court of Australia, and part-time members appointed by the Governor-General. (pp. 208-209)
1988 ALRC Reports
A subsequent ALRC Report, Report 44 (1988) examined sentencing laws and briefly considered the development of a Commonwealth parole board. Report 44 noted that ‘there may be a need to establish a federal parole board in the future as the number of federal prisoners increases.’ (pp. 51-52).
2006 ALRC Report
In the 2006 ALRC report 103, Same crime, same time, the ALRC considered three options for Commonwealth parole reform:
establish a federal parole authority as an independent statutory authority
delegate decision-making authority, in relation to federal offenders, to state and territory parole authorities or
establish a parole division within the Administrative Appeals Tribunal. (p. 574)Ultimately, the ALRC was of the view that parole decisions made by the Attorney-General or departmental delegates are not appropriate, based on the direct impact to an individual’s liberty, the lack of procedural fairness and independence from the executive, and that these arrangements ‘lack adequate transparency and independence.’ (p. 574).
The ALRC stated that ‘[i]n consultations and submissions there was almost universal support for the principle that decisions in relation to parole should be made by a body independent of the executive’ though at the time the Attorney-General’s Department did not support the establishment of an independent federal parole authority (p. 573). While some stakeholders were supportive of delegating federal parole decisions to state and territory parole authorities, the ALRC was concerned that not all state/territory parole procedures met appropriate levels of transparency and fairness (p. 575). Further, the ALRC was of the view that responsibility for release of federal offenders into the community prior to expiration of their sentence should reside at the federal level (p. 575).
The ALRC recommended that the preferred option would be to establish a federal parole authority either as: (a) an independent statutory authority to be called the Federal Parole Board; or (b) a division of the Administrative Appeals Tribunal to be called the Federal Parole Division (Recommendation 23-1, p. 578).
Other commentary on a federal parole board
The House of Representatives Standing Committee on Social Policy and Legal Affairs, in its report on the Crimes Legislation Amendment (Powers and Offences) Bill 2012 recommended that ‘the Australian Government give further consideration to establishing a Federal parole board’ (Recommendation 9, p. 50).
The Law Council of Australia has previously called for an independent Commonwealth parole board, including in its detailed position paper Principles underpinning a federal parole authority (2022).
Policy position of non-government parties, independents and key stakeholders
Stakeholders
The Law Council of Australia has welcomed the introduction of the Parole Board Bill as ‘an important step towards taking politics out of parole.’ Sonya Ryan, founder of the internet safety organisation Carly Ryan Foundation, and Annmarie Lumsden, Chair of National Legal Aid Chair and Chief Executive of Legal Services South Australia, have both welcomed the Parole Board Bill. Ms Lumsden reportedly stated that having an independent Commonwealth Parole Board will ‘promote high-quality, evidence-based decision-making, and guard against the risk of politicisation.’
Non-government parties and independents
At the time of publication, there appears to have been no other publicly available commentary on the Parole Board Bill or the C&TP Bill.
Key issues and provisions in the Bills
Membership, powers, functions of the Parole Board
The Bill establishes an independent Commonwealth Parole Board (Parole Board) (clause 8). The Parole Board will consider information and manage the release of federal offenders in accordance with Part IB of the Crimes Act (being the Part of the Crimes Act consequentially amended by the C&TP Bill).
Board membership and assistance
The Parole Board will be constituted by a Chair, Deputy Chair, and at least 3 sessional members (clause 8). Members of the Parole Board are to be appointed by the Governor-General on recommendation by the Attorney-General (clause 29). The membership of the Board must reflect ‘as closely as possible the composition of the Australian community at large’.
The Attorney-General must also be satisfied that persons being appointed have the appropriate qualifications, experience or knowledge to perform the role. Qualifications, experience or knowledge may be in (but not limited to) areas such as law, law enforcement, matters relating to victims of crime, medicine, psychology, or criminology (clause 29). At least one of either the Chair or Deputy Chair must have been enrolled as a legal practitioner for at least 5 years (clause 29). Members of the Parole Board must not be appointed for more than 5 years at a time, but may be reappointed (clause 30 and section 33AA of the Acts Interpretation Act 1901).
Subject to any specific requirements in the Parole Board Bill or other relevant legislation, the Parole Board will have complete discretion in performing or exercising its functions and powers and is not subject to direction from anyone when doing so (clause 14). The Parole Board may be assisted to undertake its functions by relevant APS employees, members of the Australian Federal Police (AFP), and persons employed under the Australian Security Intelligence Organisation Act 1979 or the Intelligence Services Act 2001. The Parole Board may also appoint a legal practitioner to act as counsel for specific matters or more generally (clause 15).
The Chair or Deputy Chair must not engage in paid work outside their duties without the Minister’s approval. Sessional members must not engage in paid work if the Minister is of the opinion such work conflicts with the performance of their duties as a member (clause 36). Members of the Parole Board must provide the Minister with written notice of all interests, pecuniary and otherwise, that could conflict (or be perceived to conflict) with the proper performance of the member’s functions (clause 37).
Members of the Parole Board are not liable to civil proceedings for actions (or omissions) done in good faith in the performance of their functions, powers or duties as prescribed in the Bill (clause 16).
Board administration and procedures
The Chair of the Parole Board may make guidelines, which will support the Board in the performance of its functions, including by regulating procedures to be followed. These guidelines can detail arrangements for Board meetings (including frequency, conduct, and record-keeping), procedures to be followed by the Chair and Deputy Chair of the Board, and any arrangements for managing conflicts of interest (clause 13).
The Parole Board may hold such meetings as the Chair considers necessary for the efficient performance of the Board’s functions (clause 18). To achieve quorum, at least 3 members (including one of either the Chair or the Deputy Chair) must be present (clause 19). A voting decision of the Parole Board is to be made by a majority of members present, at least one of whom is the Chair or Deputy Chair. If there is an equal number of votes, the person presiding over the meeting has a casting vote to resolve the matter (clause 20). The Chair and Deputy Chair are provided with powers, which can be exercised without board majority consensus (clause 22). Upon request by the Chair, the Secretary of the Department may also participate in Parole Board meetings, including in circumstances where a Board member is not readily available. Where the Secretary has been requested to attend a Board meeting, they can exercise powers and perform functions otherwise exercisable by Board members, including voting (clause 24).
Parole board functions and powers
The Parole Board will have three key functions. Firstly, it will make independent, risk-informed decisions about the conditional release and management of federal offenders. Secondly, and at the request of the Attorney-General, it will provide advice to the Attorney-General about certain federal offenders on matters which the Attorney-General must make decisions, including advice about transferring prisoners serving sentences in one state or territory to another state or territory to serve their sentence, as well as advice in relation to the Royal Prerogative of Mercy. The Board would not be required to provide advice to the Attorney-General in relation to matters involving the Board’s decision-making functions (Explanatory Memorandum, p. 18). Finally, the Board may have other functions conferred on it by relevant laws and can do anything incidental or conducive to the listed functions (functions listed in clause 9).
The Parole Board will have power to do all things necessary or convenient in connection with the exercise of its functions (clause 10). Additionally, the Parole Board may conduct interviews with relevant persons including federal offenders and victims (clause 23) (Explanatory Memorandum, p. 24).
Making, amending, revoking or rescinding parole decisions
Currently, section 19AL of the Crimes Act provides that the Attorney-General must, before the end of a non-parole period for a federal offender, make or refuse to make a parole order to release the person. Item 6 of Schedule 1 of the CT&P Bill repeals section 19AL and substitutes it with provisions detailing the Parole Board’s decision-making functions in relation to parole.
Proposed subsection 19AKB(1) provides that, before the end of a federal offender’s non-parole period, the Parole Board must decide to:
make a parole order
refuse to make a parole order or
defer deciding whether to make or refuse an order until no later than 3 months after the end of a person’s non-parole period.
If the Parole Board decides to make a parole order (that is, makes an order to release a federal prisoner from parole), it must be made as soon as possible after this decision (proposed subsection 19AKD(1)) and will be required to specify whether the person is to be released on parole subject to supervision (proposed paragraph 19AKD(2)(b)). Additionally, the C&TP Bill (items 13-14, Schedule 1) amend section 19AN to allow the Parole Board to specify conditions to be contained in a parole order.
If the Parole Board refuses to make a parole order, or defers deciding whether to make a parole order, it must notify the person within 14 days, include reasons for refusing or deferring, and set out any reconsideration requirements (proposed section 19AKF).
If the Parole Board makes a parole order, the Board will be able to amend it before the end of the parole period, including by amending the conditions or imposing new conditions (item 16, Schedule 1, C&TP Bill). Item 17 of Schedule 1 of the C&TP Bill provides that the Parole Board will be able to amend the release date specified in the parole order (proposed paragraph 19APA(1)(da)); a power not currently available to the Attorney-General.
As with the Attorney-General currently, the Parole Board will be unable to make parole orders for certain federal offenders who have been convicted in relation to terrorism offences, unless exceptional circumstances apply (items 9-11, Schedule 1, C&TP Bill).
Matters that the Parole Board may consider in making a parole order decision
Item 7 of Schedule 1 to the C&TP Bill makes amendments to section 19ALA, so that the Parole Board (instead of the Attorney-General) may (but is not required to) have regard to certain matters when making parole decisions. These matters are listed in subsection 19ALA(1) and include (but are not limited to):
the risk to the community of releasing the person on parole
the person’s conduct while serving his or her sentence
the likely effect on the victim, or victim’s family, of releasing the person on parole
the nature and circumstances of the offence to which the person’s sentence relates
the person’s criminal history and
any report or information in relation to the granting of parole that has been provided by the relevant State or Territory corrective services or parole agency.
Pre-release considerations and ability to rescind parole orders
Item 19 of Schedule 1 of the C&TP Bill introduces new Subdivision AA into Division 5 of Part IB of the Crimes Act, which provides authority for the Parole Board to rescind parole orders for persons during their pre-release period. Pre-release period is defined in proposed subsection 19APC(2) to mean the period between (and including) the day the parole order was granted and the day that the person is to be released from prison under the parole order.
Proposed subsection 19APC(1) states that the Parole Board may rescind a parole order during a person’s pre-release period if:
the Board is satisfied that the person would pose:
a serious identifiable risk to the community if released, where such a risk cannot be sufficiently mitigated or
a serious and immediate risk to their own safety if released, where such a risk cannot be sufficiently mitigated, or
the parolee has requested the recission of the parole order, or
the Board is satisfied that there has been a substantial change in a matter considered by the Board when making the parole order.
As outlined the C&TP Bill, Explanatory Memorandum (p. 44), ‘rescinding’ a parole order is distinct from ‘revoking’ a parole order, as different Board processes apply for each.
Revocation of parole orders
The Parole Board may revoke a parole order at any time after the person is released on parole and before the end of the parole period if the offender has failed to comply with parole conditions, or there are reasonable grounds to suspect the offender has failed to comply with conditions (section 19AU of the Crimes Act, as amended by item 21, Schedule 1, C&TP Bill). Additionally, the Chair or Deputy Chair may, on behalf of the Parole Board, revoke a parole order in circumstances of urgency or to ensure the safety and protection of the community or a person (clause 22, Parole Board Bill). These provisions reflect the current revocation power available to the Attorney-General.
Information gathering and sharing powers
Authorised officers (being Board members, the Secretary, or persons lawfully assisting the Board) can request or require, from ‘relevant persons’ (discussed below) or a person prescribed by the Minister, information which the officer ‘reasonably believes to be relevant to the performance of the functions or the exercise of the powers’ of the Parole Board (clause 25). A person given written notice of a requirement to provide relevant information must, as soon as practicable after receiving the notice, comply with it to the extent that they can reasonably acquire the information (subclause 25(4)). This requirement to provide information applies despite any other Australian law (subclause 25(5)).
Authorised officers can disclose Parole Board information to a ‘relevant person’ if the member believes doing so is necessary for the relevant person to exercise that person’s powers, functions or duties. An authorised officer may also disclose Parole Board information to a person prescribed in rules made by the Minister, in circumstances set out in the rules (clause 26).
Relevant person includes (as outlined in clause 28):
the Attorney-General in connection with certain functions relating to:
enforcement of fines pursuant to section 15A of the Crimes Act
escape from criminal detention contained in Division 5, Part III of the Crimes Act and
the exercise of the Royal prerogative of mercy by the Crown in right of the Commonwealth
AFP officials including the Commissioner, Deputy Commissioner, and AFP employees
Members of State and Territory police forces
Persons exercising powers under relevant crime commission or anti-corruption commission legislation
Commonwealth, State and Territory Directors of Public Prosecutions
Officers of Customs
Members of the Defence Force and
Taxation officers.
Sensitive Parole Board information (as defined in clause 7) must not be disclosed to a person other than a relevant person, unless the disclosure is authorised under clause 26. Sensitive Parole Board information is information:
that could be prejudicial to the investigation or prosecution of a person
that could endanger the life or safety of any person or
that could be prejudicial to the security, defence or international relations of Australia, where the information was given in confidence to the Parole Board and the person or body who provided the information has not provided written consent to its public disclosure (clause 7).
Review of the operation of the parole framework, and rule-making powers
A review of the operation of the parole framework (being the Parole Board Bill, once commenced, and relevant parts of the Crimes Act) is to be conducted after 3 years of operation of the Bill, but no later than 4 years after its commencement (clause 45). The Minister is required to table a copy of the report of the review in Parliament.
The Minister may make rules prescribing certain matters (clause 46).
Links
The links to the Bills, their Explanatory Memoranda and second reading speeches can be found on the Bill’s home page for the Commonwealth Parole Board Bill 2025 and the Commonwealth Parole Board (Consequential and Transitional Provisions) Bill 2025, or through the Australian Parliament website.
When Bills have been passed and have received Royal Assent, they become Acts, which can be found at the Federal Register of Legislation website.
All hyperlinks in this Bills Digest are correct as of November 2025.
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Commonwealth Parole Board (Consequential and Transitional Provisions) Act 2026
No. 33, 2026
An Act to deal with consequential and transitional matters arising from the enactment of the Commonwealth Parole Board Act 2026, and for related purposes
Contents
1 Short title 2
2 Commencement 2
3 Schedules 2
Schedule 1,Consequential amendments 3
Crimes Act 1914 3
Schedule 2,Transitional provisions 16
Commonwealth Parole Board (Consequential and Transitional Provisions) Act 2026
No. 33, 2026
An Act to deal with consequential and transitional matters arising from the enactment of the Commonwealth Parole Board Act 2026, and for related purposes
[Assented to 8 April 2026]
The Parliament of Australia enacts:
1 Short title
This Act is the Commonwealth Parole Board (Consequential and Transitional Provisions) 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
The whole of this Act
Immediately after the commencement of Part 2 of the Commonwealth Parole Board Act 2026.
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 Schedules
Legislation that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.
Schedule 1,Consequential amendments
Crimes Act 1914
1 Subsection 16(1) (definition of parole order)
Repeal the definition, substitute:
parole order, for a person, has the meaning given by subsection 19AKD(1).
2 Subsection 16(1)
Insert:
Chair of the Commonwealth Parole Board means the person appointed as the Chair of the Commonwealth Parole Board under subsection 29(1) of the Commonwealth Parole Board Act 2026.
Commonwealth Parole Board means the Commonwealth Parole Board established by subsection 8(1) of the Commonwealth Parole Board Act 2026.
eligible for release: see subsection 19AKE(3).
relevant pre‑release period: see subsection 19APC(2).
3 After subsection 16(1)
Insert:
Meaning of decides to make a parole order
(1A) The Commonwealth Parole Board decides to make a parole order for a person if the Commonwealth Parole Board decides under either of the following to make a parole order for the person:
(a) paragraph 19AKB(1)(a);
(b) paragraph 19AKC(1)(a).
Meaning of refuses to make a parole order
(1B) The Commonwealth Parole Board refuses to make a parole order for a person if:
(a) the Commonwealth Parole Board refuses under either of the following to make a parole order for the person:
(i) paragraph 19AKB(1)(b);
(ii) paragraph 19AKC(1)(b); or
(b) the Commonwealth Parole Board is taken to have refused to make a parole order for the person under subsection 19APE(1).
Meaning of defers deciding whether to make a parole order
(1C) The Commonwealth Parole Board defers deciding whether to make a parole order for a person if the Commonwealth Parole Board decides under either of the following to defer deciding whether to make a parole order for the person under:
(a) paragraph 19AKB(1)(c);
(b) paragraph 19AKC(1)(c).
Expressions in the singular
4 Paragraph 19AH(1)(b)
Omit “Attorney‑General”, substitute “Commonwealth Parole Board”.
5 Subsection 19AHA(4)
Omit “Attorney‑General”, substitute “Commonwealth Parole Board”.
6 Section 19AL
Repeal the section, substitute:
19AKB Commonwealth Parole Board must make decisions about parole,basic rule
(1) The Commonwealth Parole Board must, before the end of the non‑parole period fixed for a person in respect of one or more sentences for one or more federal offences:
(a) decide to make a parole order for the person; or
(b) refuse to make a parole order for the person; or
(c) defer deciding whether to make or refuse to make a parole order for the person until a day not later than 3 months after the end of the non‑parole period.
Note 1: Once the Commonwealth Parole Board decides to make a parole order, it must make the parole order under section 19AKD as soon as possible.
Note 2: Section 19AKE sets out the arrangements for a person subject to a State or Territory sentence, section 19ALA deals with matters that may be considered in decisions about parole orders and section 19ALB deals with terrorism and control orders.
(2) If the Commonwealth Parole Board does not make a decision under subsection (1) before the end of the non‑parole period fixed for the person, the Commonwealth Parole Board must make a decision under that subsection as soon as practicable after the end of that period.
(3) If a non‑parole period has been fixed for a person in respect of more than one sentence, a reference in this section to the end of the non‑parole period is a reference to the end of the last non‑parole period.
19AKC Reconsideration of whether to make a parole order,basic rule
(1) If the Commonwealth Parole Board refuses to make a parole order for a person, the Commonwealth Parole Board must reconsider whether to make a parole order for the person before the end of the reconsideration period for the refusal, and must:
(a) decide to make a parole order for the person; or
(b) refuse to make a parole order for the person; or
(c) defer deciding whether to make or refuse to make a parole order for the person until a day not later than 3 months after the end of the reconsideration period for the refusal.
Note 1: Once the Commonwealth Parole Board decides to make a parole order, it must make the parole order under section 19AKD as soon as possible.
Note 2: Section 19AKE sets out the arrangements for a person subject to a State or Territory sentence, section 19ALA deals with matters that may be considered in decisions about parole orders and section 19ALB deals with terrorism and control orders.
(2) Despite subsection (1), the Commonwealth Parole Board is not required to reconsider whether to make a parole order for a person if, at the end of the period of 12 months beginning on the day of the refusal, the person does not have 30 days or more remaining on any of the sentences to which the parole order would relate.
(3) If the Commonwealth Parole Board does not make a decision under subsection (1) before the end of the reconsideration period, the Commonwealth Parole Board must make a decision under that subsection as soon as practicable after the end of that period.
(4) The reconsideration period, for a refusal to make a parole order for a person, is:
(a) the period of 12 months beginning on the day of the refusal; or
(b) if the Commonwealth Parole Board considers it appropriate, a period of more than 12 months, but not more than 24 months, beginning on the day of the refusal.
19AKD Power to make a parole order
Parole order to be made as soon as possible
(1) If the Commonwealth Parole Board decides to make a parole order for a person, the Commonwealth Parole Board must make a parole order for the person under this subsection as soon as possible after making the decision.
Contents of parole order
(2) A parole order for a person made under subsection (1) must:
(a) be in writing; and
(b) specify whether or not the person is to be released on parole subject to supervision; and
(c) if the person is released on parole subject to supervision, and it is proposed that the supervision should end before the end of the person’s parole period,specify the day on which the supervision period ends.
Note 1: For when a person is released on parole in accordance with a parole order, see section 19AM.
Note 2: A person released on parole must comply with any conditions of the parole order during the parole period (see sections 19AMA, 19AN and 19AU).
(3) If the Commonwealth Parole Board considers that in all the circumstances it is appropriate to do so, the Commonwealth Parole Board may specify in a parole order that a person is to be released from prison on a day that is before the end of the non‑parole period for the person, but is not earlier than 30 days before the end of that period.
19AKE State or Territory sentences,Commonwealth Parole Board not required to decide on parole in certain circumstances
Commonwealth Parole Board is not required to decide on parole if person subject to State or Territory sentence
(1) This section applies if:
(a) a person is subject to one or more State or Territory sentences as well as a federal sentence; and
(b) the person is first eligible for release in relation to the last of the State or Territory sentences after the end of the non‑parole period for the federal sentence.
(2) The Commonwealth Parole Board is not required to decide whether to make, refuse to make, or defer making a parole order for the person at any time before the day on which the person is first eligible for release in relation to the last of the State or Territory sentences.
(3) A person is eligible for release in relation to a State or Territory sentence on the earlier of the following days:
(a) the day on which the State or Territory sentence ends;
(b) the day on which the non‑parole period for the State or Territory sentence ends.
Life sentence for which a non‑parole period not fixed
(4) The Commonwealth Parole Board is not required to decide whether to make, refuse to make, or defer making a parole order for a person who is subject to a State or Territory sentence that is a life sentence for which a non‑parole period has not been fixed.
Note: The effect of this section and subsection 19AM(2) is that a parole order may sometimes still be made for a person while the person is serving a State or Territory sentence, but the person will not be released in accordance with the parole order until the person is released from prison for the State or Territory sentence.
19AKF Notice of certain decisions
Notice of refusal
(1) If the Commonwealth Parole Board refuses to make a parole order for a person, the Commonwealth Parole Board must give the person a written notice, within 14 days after the refusal, that:
(a) informs the person of the refusal; and
(b) includes a statement of reasons for the refusal; and
(c) sets out the effect of section 19AKC (reconsideration).
Notice of deferral
(2) If the Commonwealth Parole Board defers deciding whether to make or refuse to make a parole order for a person, the Commonwealth Parole Board must, within 14 days after the deferral, give a notice to the person stating:
(a) that the Commonwealth Parole Board has decided to defer deciding whether to make or refuse to make a parole order for the person; and
(b) the reasons for the deferral; and
(c) the date by which the Commonwealth Parole Board must decide whether to make, or refuse to make, a parole order for the person.
7 Subsection 19ALA(1)
Omit “section 19AL in relation to a person, the Attorney‑General may have regard to any of the following matters that are known to the Attorney‑General”, substitute “section 19AKB, 19AKC or 19AKD in relation to a person, the Commonwealth Parole Board may have regard to any of the following matters that are known to the Commonwealth Parole Board”.
8 Subsection 19ALA(2)
Omit “Attorney‑General may consider in making a decision under section 19AL”, substitute “Commonwealth Parole Board may consider in making a decision under section 19AKB, 19AKC or 19AKD”.
9 Subsection 19ALB(1)
Repeal the subsection, substitute:
(1) Despite any law of the Commonwealth, the Commonwealth Parole Board must not decide to make a parole order in relation to a person covered by subsection (2) unless the Commonwealth Parole Board is satisfied that exceptional circumstances exist to justify deciding to make a parole order.
10 Paragraph 19ALB(2)(c)
Omit “Attorney‑General”, substitute “Commonwealth Parole Board”.
11 Subsection 19ALB(3)
Omit “making a parole order in relation to a person who is under 18 years of age, without limiting the matters the Attorney‑General may have regard to, the Attorney‑General”, substitute “deciding to make a parole order in relation to a person who is under 18 years of age, without limiting the matters the Commonwealth Parole Board may have regard to, the Commonwealth Parole Board”.
12 Subparagraph 19AM(1)(a)(ii)
Omit “19AL(3A)”, substitute “19AKD(3)”.
13 Paragraph 19AN(b)
Omit “19AL(3)”, substitute “19AKD(2)”.
14 Paragraph 19AN(c)
Omit “Attorney‑General”, substitute “Commonwealth Parole Board”.
15 Section 19AP
Omit “Attorney‑General” (wherever occurring), substitute “Commonwealth Parole Board”.
16 Subsection 19APA(1)
Omit “Attorney‑General”, substitute “Commonwealth Parole Board”.
17 After paragraph 19APA(1)(d)
Insert:
(da) amending the release date specified in a parole order or licence;
18 Subsection 19APA(2)
Omit “Attorney‑General”, substitute “Commonwealth Parole Board”.
19 After Subdivision A of Division 5 of Part IB
Insert:
Subdivision AA,Pre‑release rescission of parole orders and licences
19APC Commonwealth Parole Board may rescind parole order or licence before offender’s release
(1) The Commonwealth Parole Board may, by instrument in writing, rescind a parole order or licence for a person at any time during the person’s relevant pre‑release period if:
(a) the Commonwealth Parole Board is satisfied that:
(i) the person would pose a serious identifiable risk to the safety of the community if released; and
(ii) the risk cannot be sufficiently mitigated by directions from a community corrections officer or by changing the conditions of the parole order or licence; or
(b) the Commonwealth Parole Board is satisfied that:
(i) the person would pose a serious and immediate risk to the person’s own safety if released; and
(ii) the risk cannot be sufficiently mitigated by directions from a community corrections officer or by changing the conditions of parole order or licence; or
(c) the person has requested the rescission of the parole order or licence; or
(d) the Commonwealth Parole Board is satisfied that there has been a substantial change in a matter considered by the Commonwealth Parole Board in making the parole order or licence.
(2) In this section:
relevant pre‑release period, in relation to a person, means the period:
(a) beginning on the day the parole order for the person was made or the licence was granted; and
(b) ending on the day of release that applies to the parole order or licence.
19APD Commonwealth Parole Board must give notice of pre‑release rescission of parole order or licence
(1) This section applies if the Commonwealth Parole Board rescinds a parole order or licence in relation to a person under subsection 19APC(1).
(2) The Commonwealth Parole Board must, as soon as practicable:
(a) notify the person, in writing, of the rescission of the parole order or licence and the reasons for the rescission; and
(b) request that the person give the Commonwealth Parole Board, within 14 days of the notice, a written submission stating why the parole order or licence should not have been rescinded.
(3) If the person does not make a written submission to the Commonwealth Parole Board within 14 days of receiving the notice under subsection (1), the rescission of the parole order or licence remains in effect.
(4) If the person makes a written submission to the Commonwealth Parole Board within 14 days of receiving the notice under subsection (1), the Commonwealth Parole Board must decide as soon as practicable after receiving the submission whether:
(a) the rescission of the parole order or licence remains in effect; or
(b) the rescission of the parole order or licence ceases to be in effect.
(5) The Commonwealth Parole Board must make a decision under subsection (4) on the basis of the submission and any other material the Commonwealth Parole Board considers relevant.
19APE Effect of pre‑release rescission of parole order or licence
(1) If the rescission of a parole order or licence for a person remains in effect under subsection 19APD(3), or the Commonwealth Parole Board decides that the rescission of a parole order or licence for a person remains in effect under paragraph 19APD(4)(a), the Commonwealth Parole Board is taken to have decided on that day to have refused to make a parole order, or to grant licence, in relation to the person.
(2) If the Commonwealth Parole Board decides that the rescission of the parole order or licence ceases to be in effect, the parole order or licence, as in effect before its rescission, continues in effect from the date of the decision, as if it had not been rescinded.
19APF References to revocation do not include rescission
To avoid doubt, a reference in this Part to revoking a parole order or licence does not include a reference to rescinding a parole order or licence under section 19APC.
20 Section 19AU (heading)
Omit “Attorney‑General”, substitute “Commonwealth Parole Board”.
21 Section 19AU
Omit “Attorney‑General” (wherever occurring), substitute “Commonwealth Parole Board”.
22 Section 19AV (heading)
Omit “Attorney‑General”, substitute “Commonwealth Parole Board”.
23 Sections 19AV and 19AW
Omit “Attorney‑General” (wherever occurring), substitute “Commonwealth Parole Board”.
24 Subsection 19AW(5)
Omit “section 19AL applies”, substitute “sections 19AKB to 19AKE apply”.
25 Section 19AX
Omit “Attorney‑General” (wherever occurring), substitute “Commonwealth Parole Board”.
26 Section 20BC
Omit “Attorney‑General” (wherever occurring), substitute “Commonwealth Parole Board”.
27 Section 20BD (heading)
Omit “Attorney‑General”, substitute “Commonwealth Parole Board”.
28 Section 20BD
Omit “Attorney‑General” (wherever occurring), substitute “Commonwealth Parole Board”.
29 Section 20BE (heading)
Omit “Attorney‑General”, substitute “Commonwealth Parole Board”.
30 Sections 20BE and 20BF
Omit “Attorney‑General” (wherever occurring), substitute “Commonwealth Parole Board”.
31 Section 20BG (heading)
Omit “Attorney‑General”, substitute “Commonwealth Parole Board”.
32 Sections 20BG, 20BH and 20BJ
Omit “Attorney‑General” (wherever occurring), substitute “Commonwealth Parole Board”.
33 Section 20BK (heading)
Omit “Attorney‑General”, substitute “Commonwealth Parole Board”.
34 Section 20BK
Omit “Attorney‑General” (wherever occurring), substitute “Commonwealth Parole Board”.
35 Section 20BL (heading)
Omit “Attorney‑General”, substitute “Commonwealth Parole Board”.
36 Sections 20BL and 20BM
Omit “Attorney‑General” (wherever occurring), substitute “Commonwealth Parole Board”.
37 Section 20BN (heading)
Omit “Attorney‑General”, substitute “Commonwealth Parole Board”.
38 Sections 20BN, 20BP and 20BT
Omit “Attorney‑General” (wherever occurring), substitute “Commonwealth Parole Board”.
39 Section 20BZ (after paragraph (e) of the definition of relevant person)
Insert:
(ea) the Chair, Deputy Chair or other member of the Commonwealth Parole Board;
(eb) a person made available to the Chair of the Commonwealth Parole Board as mentioned in subsection 15(1) of the Commonwealth Parole Board Act 2026;
40 Paragraph 23WA(8)(c)
Omit “subsection 19AL(1) or (1A), paragraph 19AL(2)(b) or subsection 19AL(2A), (6) or (7)”, substitute “subsection 19AKD(1)”.
Schedule 2,Transitional provisions
1 Application provision,general rule
Subject to this Schedule:
(a) the Commonwealth Parole Board Act 2026 and the amended Act apply on and after commencement in relation to a sentence, order, licence, notice, application or any other thing decided or done, whether before, on or after commencement; and
(b) anything that would have been required to be done by or in relation to the Attorney‑General in relation to the sentence, order, licence, notice, application or other thing, but for the amendments made by this Act, may be done by or in relation to the Commonwealth Parole Board.
2 Saving of current parole orders
(1) Despite the repeal of section 19AL of the old Act, a parole order (the existing parole order) made under that section before commencement continues in operation, on and after commencement, as if it were a parole order within the meaning of the amended Act that is subject to the same conditions as the existing parole order.
(2) To avoid doubt, a licence (the existing licence) granted under subsection 19AP(1) before commencement continues in operation, on and after commencement, as if it were a licence within the meaning of the amended Act that is subject to the same conditions as the existing licence.
3 Transitional,notices under section 19AL of the Crimes Act 1914
(1) This item applies if:
(a) before commencement, the Attorney‑General refused to make a parole order for a person under the old Act; and
(b) immediately before commencement, the Attorney‑General had not yet given a notice to the person under subsection 19AL of the old Act.
(2) The Commonwealth Parole Board must give a notice to the person under section 19AKF of the amended Act within the period of 14 days after the refusal under the old Act.
4 Transitional,judicial review
(1) This item applies if, immediately before commencement, a person was entitled to make an application to the Federal Court or the Federal Circuit and Family Court of Australia (Division 2) under the Administrative Decisions (Judicial Review) Act 1977 for an order of review in respect of a matter arising under Part IB of the old Act.
(2) Despite the repeal of the old Act, the person may, after the transition time and subject to the Administrative Decisions (Judicial Review) Act 1977, apply for an order of review in respect of that matter.
5 Transitional,information sharing
For the purposes of the Commonwealth Parole Board Act 2026 and the amended Act:
(a) a reference in the definition of Parole Board information in section 7 of the Commonwealth Parole Board Act 2026 to information acquired by a person in the exercise of a power, or the performance of a function or duty includes information acquired before, on or after commencement; and
(b) a reference in the definition of federal offender information in section 20BZB of the amended Act to information acquired by a person in the exercise of a power, or the performance of a function or duty includes information acquired before, on or after commencement.
6 Transitional rules
(1) The Minister may, by legislative instrument, make rules prescribing matters:
(a) required or permitted by this Act to be prescribed by the rules; or
(b) necessary or convenient to be prescribed for carrying out or giving effect to this Act.
(2) Without limiting subitem (1), the rules may prescribe matters of a transitional nature (including prescribing any saving or application provisions) relating to:
(a) the amendments or repeals made by this Act; or
(b) the enactment of the Commonwealth Parole Board Act 2026.
(3) To avoid doubt, the rules may not do the following:
(a) create an offence or civil penalty;
(b) provide powers of:
(i) arrest or detention; or
(ii) entry, search or seizure;
(c) impose a tax;
(d) set an amount to be appropriated from the Consolidated Revenue Fund;
(e) directly amend the text of this Act or the new Act.
(4) This Schedule (other than subitem (3)) does not limit the rules that may be made for the purposes of subitem (1).
7 Definitions
In this Schedule:
amended Act means the Crimes Act 1914 as in force on and after commencement.
commencement means the commencement of this Schedule.
old Act means the Crimes Act 1914 as in force before commencement.