Part 6Parole

Part 6—Parole Division 1—The Parole Board 55—Continuation of Parole Board (1) The Parole Board of South Australia continues in existence. (2) The Board will consist of 11 members appointed by the Governor. (3) The membership of the Board must include— (i) a judge of the Supreme Court; or (ii) a District Court judge; or (iii) a person who has retired from the office of judge of the Supreme Court or District Court judge; or (iv) a legal practitioner of at least seven years standing who has, in the opinion of the Governor, extensive knowledge of, and experience in, the criminal justice system; or (v) a person who has, in the opinion of the Governor, extensive knowledge of, and experience in, the science of criminology, penology, or any other related science; and (b) a legally qualified medical practitioner who has, in the opinion of the Governor, extensive knowledge of, and experience in, the practice of psychiatry; and (c) a person who has, in the opinion of the Governor, extensive knowledge of, and experience in, criminology, sociology or any other related science; and (d) a person who has, in the opinion of the Governor, extensive knowledge of, or experience in, matters related to the impact of crime on victims and the needs of victims of crime in relation to the criminal justice system; and (e) a former police officer; and (f) an Aboriginal or Torres Strait Islander person; and (g) both women and men. (3a) One member of the Board, being a person referred to in subsection (3)(a), must be appointed by the Governor to be the presiding member of the Board. (4) An employee of the Department is not eligible to be appointed as a member of the Board. 56—Term of office of members (2) A member of the Board will be appointed for such term, not exceeding three years, as the Governor determines and specifies in the instrument of appointment. (3) On the expiration of the term of office of a member of the Board, the member is eligible for reappointment. 57—Allowances and expenses (1) A member of the Board will be paid the allowances and expenses determined by the Remuneration Tribunal. (2) Jurisdiction is, by force of this section, conferred on the Remuneration Tribunal to make a determination or perform any other functions required by this section. (3) The Remuneration Tribunal may make different provision according to the member of the Board or the circumstances to which the determination is to apply and may vary an amount payable according to any other factor that the Remuneration Tribunal considers relevant. (4) The Remuneration Tribunal must, at least once in each prescribed period, review the allowances and expenses referred to in subsection (1) and may, if it considers it appropriate to do so, determine to increase any such amount payable by a specified amount. (5) The regulations may make further provision in relation to a determination of the Remuneration Tribunal for the purposes of this Act. 58—Removal from and vacancies of office (1) The Governor may remove a member of the Board from office on the ground of— (a) mental or physical incapacity to carry out satisfactorily the duties of office; or (b) dishonourable conduct; or (c) neglect of duty. (2) The office of a member of the Board becomes vacant if the member— (a) dies; or (b) completes a term of office; or (c) resigns by giving notice in writing to the Minister; or (d) is removed from office by the Governor pursuant to subsection (1). (3) On the office of a member of the Board becoming vacant, a person must be appointed to that office in accordance with this Act. 59—Deputies (1) The Governor— (a) must appoint one of the members of the Board to be the first deputy presiding member of the Board; and (ab) must appoint one of the members of the Board to be the second deputy presiding member of the Board; and (b) may appoint a suitable person to be the deputy of any member of the Board other than the presiding member or either of the deputy presiding members. (2) Where a member is for any reason absent or unable to act as a member of the Board, any deputy appointed under subsection (1)(b) may act as a member of the Board. (2a) For the purposes of subsection (1)(b), a person may be appointed as a deputy if the person has any of the qualifications referred to in section 55(3). (3) If the presiding member of the Board is for any reason absent or unable to act for the purpose of section 74B or 77AA— (a) if the first deputy presiding member of the Board is available, the first deputy presiding member must act as the presiding member for that purpose; or (b) if the first deputy presiding member is for any reason absent or unable to act for that purpose, the second deputy presiding member of the Board must act as the presiding member for that purpose. 60—Proceedings of the Board (1) Subject to this section, the Board will sit as a full board. (2) If the presiding member thinks it necessary or desirable for the purpose of expediting the determination of proceedings before the Board, the Board may sit in separate divisions. (3) A division of the Board will be constituted as follows: (a) the presiding member and two other members of the Board; (b) the first deputy presiding member and two other members of the Board; (c) the second deputy presiding member and two other members of the Board; (d) another member of the Board nominated by the presiding member and 2 other members of the Board. (4) Where the Board sits as a full board, the following provisions apply: (i) the presiding member will preside; or (ii) if the presiding member is absent—the first deputy presiding member will preside; or (iii) if both the presiding member and the first deputy presiding member are absent—the second deputy presiding member will preside; or (iv) if none of the members mentioned in the preceding subparagraphs is present—a member chosen from those members present will preside; and (b) five members constitute a quorum and the Board cannot proceed with the hearing or determination of any matter unless a quorum is present; and (c) a question arising for decision by the Board will be decided by a majority of the votes cast by the members present; and (d) each member present is entitled to one vote and, in the event of an equality of votes, the person presiding is entitled to a second or casting vote. (5) Where the Board sits in separate divisions, the following provisions apply: (a) the presiding member, the first or second deputy presiding member, or the member nominated under subsection (3)(d), will preside at proceedings before the division of which he or she is a member; and (b) a division of the Board cannot proceed with the hearing or determination of any matter unless all members of the division are present; and (c) a decision in which all the members of a division of the Board concur is a decision of the Board; and (d) the divisions of the Board may sit concurrently for the purpose of hearing and determining separate proceedings. (6) Where the members of a division of the Board are unable to concur in a decision in any proceedings before that division, the person presiding over that division must refer the proceedings to the Board sitting as a full board for fresh hearing and determination. (7) Subject to this Act, the Board, or a division of the Board, may conduct its proceedings as it thinks fit. 60A—Validity of acts of Board (1) No act or proceeding of the Board is invalid by reason of a vacancy in its membership or a defect in the appointment of a member. 61—Judicial notice of Board documents (1) Where a document purports to bear the signature of a member of the Board, it will be presumed in any proceedings before a court, in the absence of proof to the contrary, that the document had been duly signed by that member. (2) An apparently genuine document purporting to be a record of any determination, decision or finding of the Board and purporting to be signed by the secretary to the Board is, in the absence of proof to the contrary, proof that the determination, decision or finding was made by the Board. 62—Appointment of secretary to the Board (1) There will be a secretary to the Board who will be a Public Service employee. (2) The position of secretary to the Board may be held in conjunction with any other position in the Public Service of the State. 63—Powers of the Board (1) For the purposes of proceedings before the Board under this Act or any other Act, the Board may— (a) by summons signed on behalf of the Board by a member of the Board, require any person to attend before the Board; or (b) by summons signed on behalf of the Board by a member of the Board, require any person to produce any document relating to any matter before the Board; or (c) require any person to furnish the Board with a written report or written information in relation to any aspect of a matter before the Board; or (d) require any person appearing before the Board to answer on oath or affirmation any questions put by the Board that are relevant to any matter before the Board; or (e) require any written report or information to be verified by statutory declaration. (2) A person who— (a) having been duly served with a summons, fails to attend before the Board, or fails to produce documents, as required by the summons; or (b) wilfully insults the Board or any member of the Board; or (c) misbehaves before the Board; or (d) interrupts the proceedings of the Board; or (e) refuses to be sworn or to affirm, or refuses to answer any question that the person would be compellable to answer before a court, Maximum penalty: $5 000 or imprisonment for 3 months. (3) The Board may (and must, if a prisoner of a prescribed class so requests) interview a prisoner at any time and, if such an interview is to be conducted outside the prison, may request the manager of the prison to cause the prisoner to be brought before the Board at a specified time and place. (4) The Board is not obliged to interview a prisoner pursuant to the prisoner's request more than once in any year. (5) For the purposes of this section, a prisoner is of a prescribed class if the prisoner is serving— (a) a sentence of life imprisonment; or (b) a sentence of indeterminate duration; or (c) a sentence of imprisonment for a term of more than one year in respect of which a non-parole period has not been fixed. 64—Reports by Board (1) The Board must, not later than 31 October in each year, report to the Minister on— (a) the number of prisoners released on parole during the previous financial year; and (b) the number of applications for parole during the previous financial year that were refused by the Board; and (d) the number of persons returned to prison in the previous financial year on cancellation of parole, and the reasons for each such cancellation; and (e) the work of the Board generally in the previous financial year; and (f) such other matters as the Board thinks fit, or as the Minister may direct. (1a) The Minister must, within 12 sitting days after receiving a report prepared under subsection (1), cause a copy of the report to be tabled in each House of Parliament. (2) The Board must at least once in each designated period review the progress and circumstances of, and report to the Minister on, each prisoner serving a sentence of life imprisonment or any sentence of indeterminate duration and each prisoner serving a sentence for a term of more than one year in respect of whom a non-parole period has not been fixed. (2a) However, subsection (2) does not apply in relation to a prisoner who is a serious child sex offender serving a sentence of indeterminate duration for a triggering child sex offence imposed in accordance with Part 3 Division 2A of the Sentencing Act 2017 until the prisoner has served the minimum period of imprisonment fixed under section 48I(2)(c) of that Act in respect of the triggering child sex offence. (3) The Board must, at any time at the request of the Minister, report to the Minister— (a) on any prisoner serving a sentence of life imprisonment or any sentence of indeterminate duration; or (b) on any other matter relating to the administration of this Part. (5) The Board must, on the request of the Attorney‑General, provide a report to the Attorney‑General on the progress and circumstances of a prisoner who is a high risk offender (within the meaning of the Criminal Law (High Risk Offenders) Act 2015), including such recommendations as the Board thinks fit as to whether or not an application for an extended supervision order under the Criminal Law (High Risk Offenders) Act 2015 should be made in respect of the prisoner and, if such order is made, the conditions of the order to which the prisoner should be subject. designated period means the period of time (which must be 5 years or less) designated by the presiding member of the Board for the purposes of subsection (2). Division 3—Release on parole 66—Automatic release on parole for certain prisoners (1) Subject to this section, the Board must order that a prisoner who is liable to serve a total period of imprisonment of less than 5 years and for whom a non‑parole period has been fixed be released from prison or home detention on parole on the day on which the non‑parole period expires. (1a) However, if, because the commencement of a prisoner's non‑parole period has been back dated, the non‑parole period expires prior to the date on which it is fixed, the Board must order that the prisoner be released from prison or home detention on parole not later than 30 days after the day on which the non‑parole period is fixed. (2) Subsection (1) does not apply to— (aa) a prisoner if any part of the imprisonment for which the person was sentenced is in respect of an offence committed while the prisoner was on parole; or (a) a prisoner if any part of the imprisonment for which the prisoner was sentenced is in respect of a sexual offence; or (ab) a prisoner if any part of the imprisonment for which the prisoner was sentenced is in respect of an offence of personal violence; or (aba) a prisoner if any part of the imprisonment for which the prisoner was sentenced is in respect of a serious drug offence; or (ac) a prisoner if any part of the imprisonment for which the prisoner was sentenced is in respect of an offence against section 85 (being an offence consisting of arson) or 85B of the Criminal Law Consolidation Act 1935; or (aca) a prisoner who is a serious firearm offender (within the meaning of Part 3 Division 3 of the Sentencing Act 2017); or (acb) a prisoner who is a terror suspect; or (ad) a prisoner who has been returned to prison under section 74 or 74AAA for breach of a parole condition; or (b) a prisoner of a class excluded by the regulations from the application of subsection (1). offence of personal violence means any of the following offences (including a substantially similar offence against a corresponding previous enactment or the law of another place): (a) an offence against the person under Part 3 of the Criminal Law Consolidation Act 1935; (b) a home invasion; (c) an offence of robbery or aggravated robbery; (d) a conspiracy to commit, or an attempt to commit, an offence referred to in paragraph (a), (b) or (c); (e) an offence that is committed in circumstances in which the offender uses violence or a threat of violence for the purpose of committing the offence, in the course of committing the offence, or for the purpose of escaping from the scene of the offence; serious drug offence means— (a) an offence against Part 5 Division 2 or 3 of the Controlled Substances Act 1984 or a substantially similar offence against a corresponding previous enactment; or (b) a conspiracy to commit, or an attempt to commit, such an offence. 67—Release on parole by application to Board (1) This section applies to a prisoner if— (a) section 66 does not apply to the prisoner; and (b) a non-parole period has been fixed for the prisoner; and (c) the prisoner is not serving a sentence of indeterminate duration. (2) If this section applies to a prisoner— (a) the prisoner; or (b) the CE, or any officer or employee of the Department authorised by the CE, may apply in the prescribed manner to the Board for the prisoner's release on parole. (3) An application cannot be made under subsection (1) more than six months before the expiration of the non-parole period fixed in respect of the prisoner's sentence. (3a) The paramount consideration of the Board when determining an application under this section for the release of a prisoner on parole must be the safety of the community. (4) The Board must also take the following matters into consideration when determining an application under this section: (a) any relevant remarks made by the court in passing sentence; and (b) the likelihood of the prisoner complying with the conditions of parole; and (c) where the prisoner was imprisoned for an offence or offences involving violence, the circumstances and gravity of the offence, or offences, for which the prisoner was sentenced to imprisonment (but the Board may not substitute its view of these matters for the view expressed by the court in passing sentence); and (ca) if, in relation to an offence for which the prisoner was imprisoned, there is a registered victim—the impact that the release of the prisoner on parole is likely to have on the registered victim and the registered victim's family; and (cb) in the case of a prisoner who is serving a sentence of life imprisonment where the Board is informed of the impact that the release of the prisoner on parole is likely to have on a victim of an offence for which the prisoner was imprisoned (other than a registered victim) and the victim's family—that impact; and (d) the behaviour of the prisoner while in prison or on home detention; and (e) the behaviour of the prisoner during any previous release on parole; and (f) any reports tendered to the Board— (i) on the social background, or the medical, psychological or psychiatric condition, of the prisoner; (ii) from the CE (including recommendations (if any) as to the conditions that should, in the opinion of the CE, be imposed by the Board on the prisoner's release on parole); and (g) the probable circumstances of the prisoner after release from prison or home detention; and (h) any other matters that the Board thinks are relevant. (4a) Information as to the impact referred to in subsection (4)(ca) or (cb) may be provided to the Board by the registered victim, other victim or family member (as the case requires) or on their behalf by the Commissioner for Victim's Rights. (5) Subject to subsections (6) to (7b) (inclusive), the Board may, on an application under this section, order that a prisoner be released from prison on parole on a day specified in the order. (6) Without derogating from subsections (3a) and (4), the Board must not order that a prisoner serving a sentence of life imprisonment for an offence of murder be released on parole unless the Board is satisfied that the prisoner has satisfactorily cooperated in the investigation of the offence (whether the cooperation occurred before or after the prisoner was sentenced to imprisonment). (7) For the purposes of subsection (6), the Board must take into account any report tendered to the Board from the Commissioner of Police evaluating the prisoner's cooperation in the investigation of the offence, including— (a) the nature and extent of the prisoner's cooperation; and (b) the timeliness of the cooperation; and (c) the truthfulness, completeness and reliability of any information or evidence provided by the prisoner; and (d) the significance and usefulness of the prisoner's cooperation. (7a) If the Board orders the release on parole of a prisoner of a prescribed class— (a) the Board must provide a copy of the order and a written statement of the reasons for making the order to the following persons: (i) the CE; (ii) the prisoner; (iii) the Attorney‑General; (iv) the Commissioner of Police; (v) the Commissioner for Victims' Rights; (vi) if, in relation to an offence for which the prisoner was imprisoned, there is a registered victim—the registered victim, unless the victim has indicated to the Board that he or she does not wish to be so notified; and (b) the day of release specified in the order must be a day that falls after the period within which an application for review of the order under Division 4 may be made. (7ab) The Board must not, in providing reasons to a prisoner under subsection (7a)(a)(ii), disclose to the prisoner information relating to a victim of an offence for which the prisoner is serving a sentence of imprisonment or a member of the victim's immediate family. (7b) If an order for release on parole of a prisoner of a prescribed class is stayed by operation of section 77F(1) (as a result of an application for review of the order being made under Division 4), the release of the prisoner will not take effect on the day specified in the order (and, a copy of the application for review served on the CE is sufficient authority for the continued detention of the prisoner in custody pending determination of the review). (8) The Board cannot specify a release date under this section that is earlier than the day on which the prisoner's non-parole period expires. (9) The Board must, not more than 30 days after refusing an application by a prisoner for release on parole, notify the prisoner in writing of— (a) its refusal; and (b) the reasons for its refusal and of any matters that might assist the prisoner in making any further application for parole; and (c) a date, not less than six months or more than one year after the date on which the Board refuses the application, before which the Board will not accept any further application by the prisoner for release on parole. (10) The Board is not obliged to (but may, if in its opinion good reason exists for doing so) accept a further application by a prisoner for release on parole before the date notified by the Board under subsection (9). (11) For the purposes of subsection (6), a reference to an offence of murder includes— (a) an offence of conspiracy to murder; and (b) an offence of aiding, abetting, counselling or procuring the commission of murder. (12) In this section— prisoner of a prescribed class has the same meaning as in Division 4. 68—Conditions of release on parole (1) The release on parole of a prisoner serving a sentence of life imprisonment— (a) is subject to each of the following conditions: (i) a condition prohibiting the prisoner from committing any offence; (ia) a condition that the prisoner not possess a firearm or ammunition (both within the meaning of the Firearms Act 2015) or any part of a firearm; (ii) a condition prohibiting the prisoner from possessing an offensive weapon unless the Board permits the prisoner to possess such a weapon and the prisoner complies with the terms and conditions of the permission; (iii) until the expiration of the period of parole (or for such lesser period as may be specified by the Board)—a condition that the prisoner must— (A) be under the supervision of a community corrections officer; and (B) obey the reasonable directions of the community corrections officer; and (C) submit to such tests (including testing without notice) for gunshot residue as the community corrections officer may reasonably require; and (b) may be subject to any other condition to be effective until the expiration of the period of parole (or such earlier date as is specified by the Board), including a condition that, for the period of up to 1 year commencing on the day on which the prisoner is released, the prisoner must— (i) reside at specified premises (including premises declared under this Act to be a probation and parole hostel or a prison); and (ii) undertake at specified places such activities and programs as determined by the Board from time to time to assist in the reintegration of the prisoner into the community. (1aaa) In addition, the Board must consider imposing a condition on the release on parole of a prisoner serving a sentence of life imprisonment that the prisoner be monitored by use of an electronic device to be effective until the expiration of the period of parole (or such earlier date as is specified by the Board). (1aa) The release on parole of a prisoner (other than a prisoner serving a sentence of life imprisonment)— (a) is subject to each of the following conditions: (i) a condition prohibiting the prisoner from committing any offence; (ii) a condition prohibiting the prisoner from possessing an offensive weapon unless the Board permits the prisoner to possess such a weapon and the prisoner complies with the terms and conditions of the permission; (iii) until the expiration of the period of parole (or such earlier date as is specified by the Board)—a condition that the prisoner must— (A) be under the supervision of a community corrections officer; and (B) obey the reasonable directions of the community corrections officer; and (b) — (i) in the case of a prisoner released under section 66—is subject to the prescribed conditions; and (ii) in all cases—may be subject to any other condition (including a condition that the prisoner be monitored by use of an electronic device) to be effective until the expiration of the period of parole (or such earlier date as is specified by the Board). (1a) If the prisoner was sentenced to imprisonment for a child sexual offence, the Board must consider imposing the following conditions on the release of the prisoner: (a) a condition preventing the prisoner from loitering, without reasonable excuse, at or in the vicinity of a school, public toilet or place at which children are regularly present while children are present at the school, toilet or place; (b) a condition preventing the prisoner from engaging in remunerative or voluntary work with children or at a place used for the education, care or recreation of children; (c) a condition preventing the prisoner from providing or offering to provide accommodation to a child who is not related to the prisoner by blood or marriage or of whom the prisoner does not have lawful custody; (d) a condition requiring the prisoner, on making an application for employment, to provide the prospective employer with a report about the prisoner's criminal history; (e) a condition requiring the prisoner to be monitored by use of an electronic device. (1ab) If the Board is satisfied that a prisoner will not, on their release on parole, be undertaking remunerative or voluntary work or a course of education, training or instruction, the Board must consider imposing a condition on that release to be effective until the expiration of the period of parole (or such earlier date as is specified by the Board) that the prisoner perform community service as determined by the Board. (1ac) If a person subject to a parole condition requiring performance of community service is sentenced to imprisonment for an offence (whenever committed) or for non‑payment of a pecuniary sum or is returned to prison under this Division, the parole condition will be taken to have been revoked. (1b) The paramount consideration of the Board when fixing conditions to which the release of a prisoner on parole will be subject must be the safety of the community. (2) The Board must also take the following matters into consideration when fixing conditions to which the release of a prisoner on parole will be subject: (a) any remarks made by the court in passing sentence; and (b) the likelihood of the prisoner complying with the conditions; and (c) the circumstances and gravity of the offence, or offences, for which the prisoner was sentenced to imprisonment; and (ca) if, in relation to an offence for which the prisoner was imprisoned, there is a registered victim—the impact that the release of the prisoner on parole is likely to have on the registered victim and the registered victim's family; and (cb) in the case of a prisoner who is serving a sentence of life imprisonment where the Board is informed of the impact that the release of the prisoner on parole is likely to have on a victim of an offence for which the prisoner was imprisoned (other than a registered victim) and the victim's family—that impact; and (d) the behaviour of the prisoner while in prison or on home detention; and (e) the behaviour of the prisoner during any previous release on parole; and (f) any reports tendered to the Board— (i) on the social background, or the medical, psychological or psychiatric condition, of the prisoner; (ii) from community corrections officers or other officers or employees of the Department; and (g) the probable circumstances of the prisoner after release from prison or home detention; and (h) any other matters that the Board thinks are relevant. (3) Information as to the impact referred to in subsection (2)(ca) or (cb) may be provided to the Board by the registered victim, other victim or family member (as the case requires) or on their behalf by the Commissioner for Victim's Rights. (4) Despite any other provision of this Division but subject to subsection (4a), a prisoner must not be released on parole unless the prisoner has accepted in writing the conditions to which the parole will be subject. (4a) If, in the opinion of the CE, a prisoner is unreasonably refusing to accept the conditions to which the prisoner's parole will be subject, or is unable to accept them due to a physical or cognitive impairment— (a) the CE may accept the conditions on behalf of the prisoner; and (b) the prisoner will be taken to have accepted the conditions from the date of acceptance by the CE. (5) If the parole conditions of a prisoner who is to be released under section 66 are not accepted by or on behalf of the prisoner, the Board— (a) must review the circumstances of the prisoner at intervals of not less than 3 months or more than 12; and (b) may, if the parole conditions will now be accepted by or on behalf of the prisoner, order the release of the prisoner on that acceptance. (6) For the purposes of subsection (1aa)(b)(i), the presiding member of the Board must determine from time to time a set of conditions to which release on parole under section 66 will be subject. (7) The presiding member of the Board must ensure that an up to date copy of the prescribed conditions is published in the Gazette and on a website determined by the presiding member. (8) In this section— prescribed conditions means the conditions determined by the presiding member of the Board under subsection (6). 68A—Board may direct person to surrender firearm etc (1) The Board may, in relation to the release of a prisoner on parole that is subject to the condition imposed by section 68(1)(a)(ia), direct the prisoner to surrender forthwith at a police station specified by the Board any firearm, ammunition or part of a firearm owned or possessed by the prisoner. (2) A person who refuses or fails to comply with a direction under subsection (1) is guilty of an offence. Maximum penalty: $10 000 or imprisonment for 2 years. (3) No criminal liability attaches to a person to the extent that he or she is complying with a direction under this section. (4) The Commissioner of Police must deal with any surrendered firearm, ammunition or part of a firearm in accordance with the scheme set out in the regulations. (5) No compensation is payable by the Crown in respect of the exercise of a power or function under this section. (6) The regulations may provide for the payment, recovery or waiver of fees in respect of this section. 69—Duration of parole (1) A prisoner (not being a prisoner serving a sentence of life imprisonment) who is released on parole will, unless the release is cancelled or suspended, the parole order is discharged or the sentence is extinguished, remain on parole until the expiry of the term, or terms, of imprisonment to which the prisoner was sentenced. (2) A prisoner serving a sentence of life imprisonment who is released on parole after the commencement of this subsection will, unless the release is cancelled or suspended, or the sentence is extinguished, remain on parole for the remainder of the sentence. 71—Variation or revocation of parole conditions (1) Where a person has been released on parole from a sentence other than a sentence of life imprisonment, the Board may, on the application of that person or of its own motion, vary or revoke a condition to which the parole is subject or impose further conditions on the parole. (2) Where a person has been released on parole from a sentence of life imprisonment, the Board may, on the application of that person or an interested person, or of its own motion, vary or revoke a condition to which the parole is subject or impose further conditions on the parole. (3) The Board cannot— (a) in the case of a person released on parole from a sentence other than a sentence of life imprisonment—exercise its powers under this section of its own motion, unless it has given reasonable notice of its intention to do so to that person and has considered any submissions made by the person on the matter; or (b) in the case of a person released on parole from a sentence of life imprisonment—exercise its powers under this section— (i) of its own motion, unless it has given reasonable notice of its intention to do so to that person and each interested person and has considered any submissions made by any such person on the matter; or (ii) on application from the person unless it has given reasonable notice of its intention to do so to each interested person and has considered any submissions made by any such person on the matter. (4) The Board cannot make an order under this section in relation to a person who is under the supervision of a community corrections officer unless it has obtained and considered a report from the CE. (5) The Board may only vary or revoke the conditions imposed by section 68(1)(a)(ia) and (iii)(C) on the release on parole of a person if the Board is satisfied that— (a) there are cogent reasons to do so; and (b) the possession of a firearm, ammunition or part of a firearm by the person does not represent an undue risk to the safety of the public. interested person means any of the following persons: (a) the Attorney-General; (b) the Commissioner of Police; (c) the Commissioner for Victims' Rights. 72—Discharge from parole of prisoners other than life prisoners (1) The Board may, on the application of a person who has been released on parole (not being a person serving a sentence of life imprisonment), make an order discharging the person from parole. (2) The Board cannot make an order under this section in relation to a person who is under the supervision of a community corrections officer unless it has obtained and considered a report from the CE. (3) Where a person has been discharged from parole pursuant to this section, the sentence, or sentences, of imprisonment will, subject to this Part, be taken to have been wholly satisfied. 74—Board may take action for breach of parole conditions (1) If the Board is satisfied that— (a) in the case of a person released on parole who is serving a sentence of life imprisonment—the person has, while on parole, breached a condition of the parole; or (b) in the case of any other person released on parole—the person has, while on parole, breached a condition of the parole that is constituted by the commission of an offence or that is, in the opinion of the Board, a serious breach, the Board may, by order, direct that the person serve in prison the balance of the sentence, or sentences, of imprisonment in respect of which the person was on parole, being the balance unexpired as at the day on which the breach was committed. (1a) Subsection (1) applies notwithstanding that, at the time of finding the breach proved, the parole has expired or been discharged. (1b) Where the Board makes an order under subsection (1) in respect of a person who is still on parole, the Board must order that the person's release on parole be cancelled. (2) The Board cannot make an order under this section in relation to a person who is under the supervision of a community corrections officer unless it has obtained and considered a report from the CE. (3) Where the release of a person was cancelled for breach of parole conditions before the commencement of the Prisons Act Amendment Act (No. 2) 1983 the person is (subject to any non-parole period that may have been fixed) liable to serve in prison the balance of the sentence, or sentences, unexpired as at the day on which the breach was committed. (4a) If a person who has been returned to prison pursuant to this section commits an offence while in prison and a sentence of imprisonment is imposed for the offence, the person is liable to serve in prison the balance of the sentence, or sentences, unexpired as at the day on which the offence was committed. (5) If a person who is returned to prison under this section is released on parole, that release will be taken to be under the order of the Board in force immediately prior to the return of the person to prison. (6) Any period for which the person is detained in custody or in prison after breaching the condition is to be counted as or towards the period that the person is liable to serve in prison under this section (and any date on which the sentence is to be taken to have commenced will be fixed accordingly). 74AAA—Board may suspend release on parole or take other action for certain breaches of parole conditions (1) If the Board is satisfied that a person who has been released on parole (not being a person serving a sentence of life imprisonment) has, while on parole, breached a condition of the parole (other than a breach of a kind referred to in section 74(1)(b)), the Board may, by order— (a) direct that the person serve in prison a period of their remaining balance that the Board considers appropriate, but not exceeding— (i) the period between the day on which the breach occurred and the date of expiry of the parole; or (ii) 6 months, whichever is the lesser; or (b) vary the conditions of, or impose further conditions on, the person's release on parole. (2) Subsection (1)(a) applies despite the fact that, at the time of finding the breach proved, the parole has expired or been discharged. (3) Without limiting the generality of subsection (1)(b), a condition imposed under subsection (1)(b) may require the person— (a) to reside at specified premises (including premises declared under this Act to be a probation and parole hostel); and (b) to undertake at specified places such activities and programs as are determined by the Board from time to time. (4) The Board cannot make an order under this section in relation to a person who is under the supervision of a community corrections officer unless it has obtained and considered a report from the CE. (5) If a person who has been returned to prison pursuant to this section commits an offence while in prison and a sentence of imprisonment is imposed for the offence, the person is liable to serve in prison the balance of the sentence, or sentences, unexpired as at the day on which the offence was committed. (6) The following provisions apply to the parole of a person in respect of whom the Board makes an order under subsection (1)(a): (a) the parole is suspended for the duration of the period served in prison under the order; (b) on release from prison, the suspension of parole ceases (so that the person will be on parole under the order of the Board in force immediately prior to the return of the person to prison). (7) Despite subsection (6)(b), the release of a person from prison will not be release on parole if the period of their parole has expired. (8) For the purposes of this section, a person's parole will be taken to expire if the date of expiry of the parole occurs while the person is in prison in accordance with an order made under subsection (1)(a) (despite the suspension of the parole under this section). (9) Any period for which the person is detained in custody or in prison after breaching a condition of parole is to be counted as or towards the period that the person is liable to serve in prison under this section (and any date on which the period to be served is to be taken to have commenced will be fixed accordingly). (10) In this section— remaining balance, in relation to a person who has breached a condition of parole, means the balance of the sentence, or sentences, of imprisonment in respect of which the person was on parole (being the balance unexpired as at the day on which the breach was committed). 74AA—Board may impose community service for breach of conditions (1) If the Board is satisfied that a person who is still on parole has, while on parole, breached a condition of the parole, the Board may, instead of exercising its powers under section 74 or section 74AAA, impose a further condition on the parole requiring the person to serve a specified number of hours of community service. (2) The Board cannot exercise its powers under subsection (1) if the parole is already subject to a condition requiring performance of community service. (3) The Board cannot exercise its powers under subsection (1) in relation to a person who is under the supervision of a community corrections officer unless it has obtained and considered a report from that community corrections officer. (4) If the Board imposes a parole condition requiring performance of community service pursuant to this section, the following provisions apply: (a) the number of hours of community service to be performed cannot be less than 40 or more than 200; (b) the Board may impose ancillary conditions on the parole requiring the person— (i) to perform the community service within a specified period; (ii) to report to a specified place not later than two working days after the date of the hearing unless, within that period, the person receives a notice from the CE to the contrary; (iii) to obey the lawful directions of the community corrections officer to whom the person is assigned; (iv) to do, or refrain from doing, such other things as the Board thinks necessary for ensuring proper performance of the community service; (c) the person is required to perform the community service for not less than 4 or more than 24 hours in any week and on such day, or days, as the community corrections officer to whom the person is assigned may direct; (d) the person cannot, except in circumstances approved by the Minister, be required to perform the community service for a continuous period exceeding 7.5 hours; (e) one hour of any period of community service exceeding 4 hours is to be a meal break; (f) the person cannot be required to perform community service at a time that would interfere with his or her remunerated employment or with a course of training or instruction relating to, or likely to assist in him or her obtaining, such employment, or that would cause unreasonable disruption of the person's commitments in caring for his or her children; (g) the person cannot be required to perform community service at a time that would cause him or her to offend against a rule of a religion that he or she practises; (h) the attendance of the person at any educational or recreational course of instruction approved by the Minister will be taken to be performance of community service; (i) the person will not be remunerated for the performance of the community service. (5) A community corrections officer to whom a person is assigned— (a) may give reasonable directions to the person requiring the person— (i) to report to a community service centre or other place at certain times; or (ii) to notify the officer of any change in the person's place of residence or employment; or (iii) to obtain the officer's written permission before leaving the State for any reason; or (iv) to carry out certain projects or tasks as community service; or (v) to undertake, or participate in, courses of instruction at a community service centre or other place; or (vi) to behave in a particular manner while undertaking community service; and (b) may give the person other directions of a kind authorised by the Minister, either generally or in relation to that person. (6) If a person who is subject to a parole condition requiring performance of community service is sentenced to imprisonment for an offence (whenever committed) or for non-payment of a pecuniary sum or is returned to prison pursuant to this Division, the parole condition will be taken to have been revoked. 74A—Suspension of parole while serving imprisonment for offence committed before release on parole Where a person who has been released on parole is sentenced to imprisonment for an offence committed before release on parole or for non-payment of a pecuniary sum— (a) the parole is suspended for the duration of the imprisonment actually served in prison in pursuance of the subsequent sentence; and (b) on release from prison— (i) the person will continue on parole in respect of the sentence that was first imposed for the balance of the period of parole remaining as at the date of the commencement of the subsequent sentence; and (ii) if released on parole from the subsequent sentence, the person will on release also be on parole in respect of that sentence for the period of that parole. 74B—Suspension of parole if person becomes a terror suspect (1) If a person becomes a terror suspect while on parole or a terror suspect is, while on parole, the subject of a certificate issued by the Commissioner of Police under subsection (9)— (a) the presiding member of the Board must, on becoming aware of that fact, issue a warrant for the arrest of the person; and (b) on the warrant being so issued, the person's parole is suspended until a determination is made under this section. (2) A warrant issued under this section authorises the detention of the person in custody pending the making of a determination under this section. (3) The presiding member of the Board must, as soon as practicable, determine whether there are special circumstances justifying the person's continued release on parole. (4) A terrorism intelligence authority is entitled to be heard by the presiding member of the Board in relation to the making of a determination under this section. (5) The presiding member of the Board is not required to provide to the person any grounds or reasons for a determination under this section. (6) Information forming the basis for the making of a determination under this section must not be disclosed to any person (except to the Attorney‑General, a court or a person to whom a terrorism intelligence authority authorises its disclosure) if, at the time at which the question of disclosure is to be decided, the information is properly classified by the terrorism intelligence authority as terrorism intelligence under section 74B of the Police Act 1998 (whether or not the information was so classified at the time at which the determination under this section was made). (7) If the presiding member of the Board determines that there are special circumstances justifying the person's continued release on parole, the suspension under this section is lifted and, on release from custody under this section, the person will continue on parole for the balance of the period of parole remaining as at the date on which the parole was suspended under this section. (8) If the presiding member of the Board determines that there are not special circumstances justifying the person's continued release on parole, the person's parole is cancelled and the person is liable to serve in prison the balance of the sentence, or sentences, of imprisonment in respect of which the person was on parole, being the balance unexpired as at the day on which the parole was suspended under this section. (9) The Commissioner of Police may issue a certificate for the purposes of this section in relation to a terror suspect who is on parole certifying that the Commissioner is satisfied that significant new information has come to light in relation to the person that should be considered by the presiding member of the Board. (10) In any proceedings, a document that appears to be a certificate issued by the Commissioner of Police under this section may be admitted in evidence and is proof, in the absence of proof to the contrary, of the matter so certified. 75—Automatic cancellation or suspension of parole on imprisonment for offence committed while on parole (1) Where— (a) a person is sentenced to imprisonment for an offence committed while on parole and— (i) the sentence is not suspended; or (ii) the court does not order that the person serve the sentence subject to a home detention order or an intensive correction order under the Sentencing Act 2017; or (b) the suspension of a sentence of imprisonment imposed for an offence committed by a person while on parole is revoked, the person is liable to serve in prison the balance of the sentence, or sentences, of imprisonment in respect of which he or she was on parole, being the balance unexpired as at the day on which the offence was committed. (1aa) If— (a) a person is sentenced to imprisonment for an offence committed while on parole; and (b) the court orders that the person serve the sentence subject to a home detention order or an intensive correction order under the Sentencing Act 2017, the person is liable to serve the balance of the sentence, or sentences, of imprisonment in respect of which the person was on parole, being the balance unexpired as at the day on which the offence was committed (and the person will serve that balance subject to the conditions of the home detention order or intensive correction order (as the case requires)). Note— Section 45(2) of the Sentencing Act 2017 provides that the sentence for the offence committed while on parole will be cumulative on the sentence, or sentences, in respect of which the defendant was on parole. (1a) Subsections (1) and (1aa) apply notwithstanding that, at the time of conviction of the person or of the revocation of the suspended sentence, the parole may have expired or been discharged. (2) Where a person referred to in subsection (1) or (1aa) is, at the time of conviction or revocation of the suspended sentence, still on parole, the parole is, by virtue of this subsection, cancelled. (3) Any period for which the person is detained in custody or in prison after committing the offence is to be counted as or towards the period that the person is liable to serve under this section in prison or under a home detention order or intensive correction order (as the case requires) (and any date on which the sentence is to be taken to have commenced will be fixed accordingly). 76—Apprehension etc of parolees on Board warrant (1) If the presiding member or deputy presiding member of the Board suspects on reasonable grounds that a person who has been released on parole may have breached a condition of parole, the presiding member or deputy presiding member may— (a) summon the person to attend before the Board; or (b) for the purpose of bringing the person before the Board, issue a warrant for the arrest of the person. (2) If a member of the Board (other than the presiding member or deputy presiding member) suspects on reasonable grounds that a person who has been released on parole may have breached a condition of parole— (a) the member may summon the person to attend before the Board; or (b) for the purpose of bringing the person before the Board, the member may apply to— (i) the presiding member or deputy presiding member of the Board for the issue of a warrant for the arrest of the person; or (ii) a magistrate for the issue of a warrant for the arrest of the person. (3) If a person fails to comply with a summons to attend before the Board issued under this section— (a) the Board may proceed to deal with the matter in the person's absence; or (b) for the purpose of bringing the person before the Board, the presiding member or deputy presiding member may issue a warrant for the arrest of the person. (4) A warrant issued under this section authorises the detention of the person in custody pending appearance before the Board. (5) A member of the Board may apply to the presiding member or deputy presiding member of the Board for a warrant for the arrest and return to prison of a person whose release on parole has been cancelled. (6) The presiding member or deputy presiding member of the Board (as the case requires) must, on application under this section, issue a warrant for the arrest of a person or for the arrest and return to prison of a person (as the case may require) unless it is apparent, on the face of the application, that no reasonable grounds exist for the issue of the warrant. (7) The Board may, if it thinks there is good reason to do so, by order, cancel a warrant issued under this section that has not been executed. 76A—Apprehension etc of parolees on application of CE (1) If the CE or a police officer suspects on reasonable grounds that a person who has been released on parole may have breached a condition of parole, the CE or police officer may apply to— (a) the presiding member or deputy presiding member of the Board; or (b) if, after making reasonable efforts to contact the presiding member and deputy presiding member, neither is available—a magistrate, for the issue of a warrant for the arrest of the person. (2) A warrant issued under this section authorises the detention of the person in custody pending appearance before the Board. (3) A magistrate must, on application under this section, issue a warrant for the arrest of a person or for the arrest and return to prison of a person (as the case may require) unless it is apparent, on the face of the application, that no reasonable grounds exist for the issue of the warrant. (4) If a warrant is issued by a magistrate under this section— (a) the CE or police officer (as the case requires) must, within 2 working days of the warrant being issued, provide the Board with a written report on the matter; and (b) the warrant will expire at the end of the period of 2 working days after the day on which the report is provided to the Board; and (c) the presiding member or deputy presiding member of the Board must consider the report within 2 working days after receipt and— (i) issue a fresh warrant for the continued detention of the person pending appearance before the Board; or (ii) cancel the warrant, order that the person be released from custody and, if appearance before the Board is required, issue a summons for the person to appear before the Board. (5) If a warrant expires under subsection (4)(b) or a fresh warrant is not issued under subsection (4)(c)(i), the person must be released from detention. (6) The Board may, if it thinks there is good reason to do so, by order, cancel a warrant issued under this section that has not been executed. 76B—Arrest of parolee by police officer (1) A police officer may, on the authorisation of a senior police officer, without warrant, arrest a person who has been released on parole if the police officer suspects on reasonable grounds that the person has, while on parole, breached a condition of parole and the police officer is satisfied that— (a) the breach is not trivial; and (b) unless the person is immediately arrested, the person is likely to continue to breach conditions of parole, commit further breaches or commit an offence. (2) If a person is arrested under subsection (1)— (a) the person must be taken to the nearest police station; and (b) within 12 hours of the arrest—the presiding member or deputy presiding member of the Board (or, if neither of those members is available, a magistrate) must be notified of the arrest; and (c) as soon as is reasonably practicable after being so notified—the presiding member or deputy presiding member (or the magistrate) (as the case requires) must, by order, direct that the person— (i) be detained in a correctional institution pending attendance before the Board; or (ii) be released and summoned to attend before the Board; or (iii) be released from detention. senior police officer means a police officer of or above the rank of Inspector. 77—Proceedings before the Board (1) The Board must, on receiving an application under this Part, notify the following persons of the receipt of the application and the day and time fixed for the hearing of the application: (a) the prisoner to whom the application relates; (b) the CE; (c) the Commissioner of Police; (d) if, in relation to an offence for which the prisoner was imprisoned, there is a registered victim—the registered victim; (e) if the prisoner to whom the application relates is a terror suspect—a terrorism intelligence authority. (1a) However, the Board is not required to notify the registered victim if the victim has indicated to the Board that he or she does not wish to be so notified. (2) For the purposes of any proceedings under this Part— (a) the CE, or any officer or employee of the Department authorised by the CE for the purpose, may make such submissions to the Board in writing as he or she thinks fit; and (b) the Commissioner of Police, or any police officer authorised by the Commissioner for the purpose, may make such submissions to the Board in writing as he or she thinks fit; and (ba) the following persons may make such submissions to the Board as they think fit in writing or, by prior arrangement with the Board, in person: (i) the registered victim; (ii) any other victim of an offence for which the prisoner was imprisoned; and (c) the person to whom the proceedings relate may make such submissions to the Board in writing as he or she thinks fit. (2a) In proceedings for the purposes of this Part relating to an alleged breach of a parole condition by a person released on parole who is serving a sentence of life imprisonment, the Board must— (a) give notice of the date and time fixed for hearing the matter to— (i) the Attorney‑General; and (ii) the Commissioner of Police; and (iii) the Commissioner for Victims' Rights; and (b) take into account any submissions made to the Board in relation to the matter by a person referred to in paragraph (a)(i) to (iii). (3) The person to whom any proceedings before the Board relate is entitled to be represented in those proceedings by a legal practitioner but, if the person is a prisoner, the person is not entitled to be physically present in those proceedings before the Board (and the Board may deal with the proceedings in the person's absence). (3a) Despite subsection (3), the Board may, in proceedings before the Board, if the Board considers it appropriate to do so in a particular case— (a) receive evidence or submissions from a prisoner who is not physically present before the Board by means of an audio visual link or an audio link; or (b) allow the prisoner to appear or be physically present before the Board. (4) The Board may, on written request, give details of the orders made by the Board in any proceedings relating to a prisoner or parolee to— (a) a person who made submissions to the Board in the proceedings; or (b) a member of the prisoner's or parolee's family or a close associate of the prisoner or parolee; or (c) a legal practitioner who represents the prisoner or parolee; or (d) any other person who the Board thinks has a proper interest in the release of such information. (5) The Board's decision to release or not to release information under subsection (4) is final and is not reviewable by a court. 77AA—Special procedures for terror suspects (1) Despite any other provision of this Division, a decision of the Board relating to a terror suspect is of no effect unless it is confirmed by the presiding member of the Board in accordance with this section. (2) The presiding member of the Board must, before confirming a decision relating to a terror suspect, invite a terrorism intelligence authority to make submissions to the presiding member in relation to the proposed decision. (3) The presiding member of the Board— (a) must not confirm a decision of the Board to release a prisoner who is a terror suspect on parole unless the presiding member determines that there are special circumstances justifying the prisoner's release on parole; and (b) must not confirm any other decision of the Board relating to a terror suspect unless the presiding member is satisfied that the decision is appropriate in all the circumstances. (4) The presiding member of the Board may determine to— (a) confirm a decision of the Board (in which case the decision of the Board is taken to have effect immediately); or (b) reject a decision of the Board and substitute the presiding member's own decision (in which case the Board is taken to have made the decision as so substituted and that decision is taken to have effect immediately); or (c) refer the matter back to the Board for a further decision with any recommendations the presiding member thinks fit (in which case any further decision of the Board will be subject to the requirement for confirmation under this section in the same way as the decision at first instance). (5) The presiding member of the Board is not required to provide to the prisoner any grounds or reasons for a determination under this section. (6) Information forming the basis for the making of a determination under this section must not be disclosed to any person (except to the Attorney‑General, a court or a person to whom a terrorism intelligence authority authorises its disclosure) if, at the time at which the question of disclosure is to be decided, the information is properly classified by the terrorism intelligence authority as terrorism intelligence under section 74B of the Police Act 1998 (whether or not the information was so classified at the time at which the determination under this section was made). Division 4—Review of release on parole of certain prisoners Subdivision 1—Preliminary 77A—Interpretation (1) In this Division— accessory has the same meaning as in section 241(1) of the Criminal Law Consolidation Act 1935; Australian Parliament means— (a) the Parliament of this State or any other State of the Commonwealth; or (b) the Parliament of the Commonwealth; or (c) a Legislative Assembly of a Territory of the Commonwealth; Commissioner means the person appointed under Subdivision 2 as the Parole Administrative Review Commissioner, or the person from time to time appointed under that Subdivision to act as the Parole Administrative Review Commissioner; judicial body means a court, tribunal, body or person invested by law with judicial or quasi‑judicial powers; judicial officer means a person who alone or with others constitutes a judicial body; prescribed reviewable decision means a reviewable decision of a kind referred to in paragraph (b) or (c) of the definition of reviewable decision; principal offender has the same meaning as in section 241(1) of the Criminal Law Consolidation Act 1935; prisoner of a prescribed class means— (a) a prisoner who is serving a sentence of life imprisonment for an offence; or (b) a prisoner who is serving a sentence of imprisonment for an offence against section 12 of the Criminal Law Consolidation Act 1935; or (c) a prisoner who is serving a sentence of imprisonment for an offence against section 241(1) of the Criminal Law Consolidation Act 1935 as an accessory if the offence established as having been committed by the principal offender is the offence of murder; reviewable decision means any of the following decisions of the Board in relation to a prisoner of a prescribed class: (a) a decision to order the release of the prisoner on parole; (b) a decision as to the conditions to be imposed on the parole by the Board; (c) a decision to vary or revoke a condition to which the parole is subject. (2) For the purposes of this Division, a reference to an offence of murder includes— (a) an offence of conspiracy to murder; and (b) an offence of aiding, abetting, counselling or procuring the commission of murder. Subdivision 2—Parole Administrative Review Commissioner 77B—Appointment of Commissioner (1) There is to be a Parole Administrative Review Commissioner. (2) The Commissioner is to be appointed by the Governor for a term not exceeding 5 years, on terms and conditions determined by the Governor. (3) A person appointed to be the Commissioner is, at the end of a term of appointment, eligible for reappointment. (4) A person is only eligible for appointment as the Commissioner if the person— (a) is a former judge of the High Court of Australia, the Federal Court of Australia or the Supreme Court or any other court of a State or Territory of the Commonwealth; and (b) is not a judicial officer or member of an Australian Parliament. (5) The Commissioner's appointment may be terminated by the Governor on the ground that the Commissioner— (a) has been guilty of misconduct; or (b) has been convicted of an offence punishable by imprisonment; or (c) is appointed to judicial office; or (d) is nominated for election as a member of an Australian Parliament; or (e) becomes an insolvent under administration within the meaning of the Corporations Act 2001 of the Commonwealth; or (f) has, because of mental or physical incapacity, failed to carry out the duties of the Commissioner satisfactorily. (6) The Commissioner may resign by notice in writing to the Governor. (7) The Commissioner is a senior official for the purposes of the Public Sector (Honesty and Accountability) Act 1995. 77C—Acting Commissioner (1) The Governor may appoint a person to act as the Parole Administrative Review Commissioner— (a) during any period for which no person is for the time being appointed as the Commissioner or the Commissioner is absent from, or unable to discharge, official duties; or (b) if the Commissioner is unable for any other reason to act in a matter. (2) The eligibility criteria that apply to the appointment of the Commissioner apply to the appointment of a person as acting Commissioner. (3) The terms and conditions of appointment of an acting Commissioner will be as determined by the Governor. (4) The acting Commissioner is a senior official for the purposes of the Public Sector (Honesty and Accountability) Act 1995. 77D—Staff The Commissioner may, under an arrangement established by a Minister administering an administrative unit of the Public Service, make use of the services or staff of that administrative unit.