74Release on parole after service of non-parole period

74 Release on parole after service of non-parole period S. 74(1) amended by Nos 49/1991 s. 119(7) (Sch. 4 item 3.5), 31/2014 s. 6, 32/2018 s. 121(1). (1) Subject to sections 74AAB, 74AAC and 78(3), the Board may by instrument order that a prisoner serving a prison sentence in respect of which a non-parole period was fixed be released on parole at the time stated in the order (not being before the end of the non-parole period) and, unless the Board revokes the order before the time for release stated in the order, the prisoner must be released at that time. S. 74(1AA) inserted by No. 64/2017 s. 12. (1AA) For the purposes of subsection (1), the Board must have regard to the record of the court in relation to the offending, including the judgment and the reasons for sentence. S. 74(1AAB) inserted by No. 32/2018 s. 121(2). (1AAB) For the purposes of subsection (1) but subject to subsection (1AAC), the Board must have regard to the terrorism risk information in respect of the prisoner that is provided to the Board by the Secretary under section 70(4) (if any). Under section 74AAC, certain restrictions apply if a division of the Board other than the SVOSO division is considering whether to make the order and terrorism risk information is provided. S. 74(1AAC) inserted by No. 32/2018 s. 121(2). (1AAC) The Board must not have regard to terrorism risk information regarding the prisoner having, or having had, an association with a person or group referred to in section 3B(3)(b)(i), (ii) or (iii) unless the Board is satisfied that the prisoner knew— (b) that the person or group was directly or indirectly engaged in, preparing for, planning, assisting in or fostering the doing of a terrorist act; or S. 74(1A) inserted by No. 62/2013 s. 12. (1A) The time fixed for release stated in the parole order must be at least 14 days after the day of making the order, unless the Board determines that the notice period under section 30A(1B) should be waived in the circumstances. (2) The Board may revoke a parole order before the prisoner is released under the order. S. 74(3) amended by No. 49/1991 s. 119(7) (Sch. 4 item 3.5). (3) If before a prisoner is released under a parole order the Board determines that the prisoner should be released at a different time than the time stated in the order, the prisoner must be released at that other time (not being before the end of the non-parole period). S. 74(3A) inserted by No. 45/2019 s. 37. (3A) Despite subsections (1) and (3), a prisoner may be released at any time on the next working day after the time stated in the parole order if the Secretary grants a request made by the prisoner under section 6EA. S. 74(4) substituted by No. 12/2014 s. 20(1), amended by No. 12/2014 s. 14(1). (4) Subject to subsections (5) and (5A), the terms and conditions of a parole order are— (a) the mandatory terms and conditions set out in the regulations; and (b) any other terms and conditions set out in the regulations that the Board imposes on the parole order. S. 74(5) amended by No. 49/1991 s. 119(4), substituted by No. 15/2013 s. 7. (5) The Board may— (a) impose additional terms and conditions on the parole order; and S. 74(5)(b) amended by No. 12/2014 s. 14(2). (b) attach to a term or condition to which the parole order is subject a requirement for electronic monitoring of the prisoner to monitor compliance with the condition; and (c) vary the terms and conditions to which the parole order is subject. S. 74(5A) inserted by No. 12/2014 s. 14(3). (5A) If, under subsection (5)(b), the Board attaches an electronic monitoring requirement to a term or condition of a parole order, that parole order is subject to the following conditions— (a) the prisoner must comply with any direction given by the Board or the Secretary under subsection (5B); (b) the prisoner must for 24 hours of each day be electronically monitored and wear an electronic monitoring device fitted to him or her at the direction of the Board or the Secretary; S. 74(5A)(c) amended by No. 52/2015 s. 43. (c) the prisoner must not tamper with, damage, disable or remove any electronic monitoring device or equipment used for the electronic monitoring of the term or condition; (d) the prisoner must accept any visit by the Secretary to the place where the prisoner resides, at any time that it is reasonably necessary and for any purpose including to install, repair, fit or remove any electronic monitoring device or equipment used for the electronic monitoring of the term or condition. S. 74(5B) inserted by No. 12/2014 s. 14(3). (5B) If an electronic monitoring requirement is attached to a term or condition of a parole order, the Board or Secretary may give the prisoner such directions as the Board or Secretary considers necessary for the electronic monitoring of the compliance of the term or condition. S. 74(5C) inserted by No. 12/2014 s. 14(3). (5C) A prisoner on parole must comply with a condition to which the parole order is subject under subsection (5A) unless the prisoner has a reasonable excuse. Penalty: 3 months imprisonment or 30 penalty units or both. S. 74(6) amended by No. 45/1996 s. 17(Sch. 1 item 47). (6) If the terms and conditions of a parole order require a prisoner to be under supervision, the Secretary must assign an officer to supervise the prisoner and may from time to time assign other officers to supervise the prisoner in place of the officer first assigned. (7) A prisoner released on parole must during the parole period comply with the terms and conditions of the parole order. (8) As soon as possible after making a determination revoking or cancelling a parole order the Board must give a copy of the determination to the prisoner including the reasons for the determination. S. 74(8A) inserted by No. 69/2005 s. 26(2), substituted by No. 26/2014 s. 455(Sch. item 6.7), amended by No. 39/2022 s. 806. (8A) The Board may make a parole order for a person who is detained in a designated mental health service under a Court Secure Treatment Order or Secure Treatment Order, but the parole order does not take effect until the person is discharged as a security patient under the **Mental Health and** **Wellbeing Act 2022**. S. 74(9) amended by Nos 69/2005 s. 26(3), 26/2014 s. 455(Sch. item 6.8). (9) In this and the succeeding sections of this Division ***prisoner*** includes a person serving a sentence of imprisonment and a person who is subject to a Court Secure Treatment Order or Secure Treatment Order. S. 74AAA inserted by No. 76/2016 s. 3, substituted by No. 29/2018 s. 4. 74AAA Conditions for making parole order for prisoner who murdered police officer (1) This section applies to a prisoner if— (a) the prisoner is convicted of murder and sentenced (whether before, on or after this subsection comes into operation) to a term of imprisonment with a non-parole period, whether the non-parole period is set at or after the time of sentencing; and (b) the person whom the prisoner is convicted of murdering was a police officer; and (c) the Board is satisfied that the prisoner, at the time of carrying out the conduct that resulted in the police officer's death— (i) intended to cause the death of, or really serious injury to, a police officer (whether or not the prisoner intended to cause the death of, or really serious injury to, any particular police officer); or (ii) knew that the person whose death was caused by the conduct was a police officer; or (iii) knew that it was probable that the death of, or really serious injury to, a police officer would be caused by the conduct (whether or not the prisoner knew that it was probable that the death of, or really serious injury to, any particular police officer would be caused by the conduct). (2) In considering whether it is satisfied under paragraph (1)(c), the Board must have regard only to the following— (a) the evidence led at trial; (b) the judgment; (c) the reasons for sentence; (d) any reasons in connection with the fixing of a non-parole period, whether the non-parole period is set at or after the time of sentencing; (e) any judgment on appeal. (3) The Board must not make a parole order under section 74 or 78, in respect of a prisoner to whom this section applies, unless an application for the parole order is made by or on behalf of the prisoner. (4) The application must be lodged with the secretary of the Board. (5) After considering the application, the Board must not make a parole order under section 74 or 78 (as the case may be) in respect of the prisoner unless the Board— (i) is in imminent danger of dying, or is seriously incapacitated and, as a result, the prisoner no longer has the physical ability to do harm to any person; and (b) is further satisfied that, because of those circumstances, the making of the parole order is justified. (6) In considering the application, the Board— (a) must have regard to the record of the court in relation to the offending, including the judgment and the reasons for sentence; and (b) may have regard to any other information that the Board considers is relevant. (7) For the avoidance of doubt, section 73A applies to the determination of the Board under this section. (8) In this section, ***police officer*** means a police officer— (a) who, at the time the murder of that police officer occurred, was performing any duty or exercising any power of a police officer; or (b) the murder of whom arose from or was connected with the police officer's role as a police officer, whether or not the police officer was performing any duty or exercising any power of a police officer at the time of the murder. (9) The **Charter of Human Rights and Responsibilities Act 2006** has no application to this section. (10) Without limiting subsection (9), section 31(7) of the **Charter of Human Rights and Responsibilities Act 2006** does not apply to this section. S. 74AA inserted by No. 18/2014 s. 3. 74AA Conditions for making a parole order for Julian Knight (1) The Board must not make a parole order under section 74 in respect of the prisoner Julian Knight unless an application for the order is made to the Board by or on behalf of the prisoner. S. 74AA(2) amended by No. 41/2015 s. 19. (3) After considering the application, the Board may make an order under section 74 in respect of the prisoner Julian Knight if, and only if, the Board— S. 74AA(3)(a) amended by No. 41/2015 s. 36. (i) is in imminent danger of dying, or is seriously incapacitated, and as a result he no longer has the physical ability to do harm to any person; and (5) Without limiting subsection (4), section 31(7) of the **Charter of Human Rights and Responsibilities Act 2006** does not apply to this section. (6) In this section a reference to the prisoner Julian Knight is a reference to the Julian Knight who was sentenced by the Supreme Court in November 1988 to life imprisonment for each of 7 counts of murder. S. 74AB inserted by No. 29/2018 s. 5. 74AB Conditions for making a parole order for Craig Minogue (1) The Board must not make a parole order under section 74 or 78 in respect of the prisoner Craig Minogue unless an application for the order is made to the Board by or on behalf of the prisoner. (3) After considering the application, the Board may make an order under section 74 or 78 in respect of the prisoner Craig Minogue if, and only if, the Board— (i) is in imminent danger of dying or is seriously incapacitated and, as a result, he no longer has the physical ability to do harm to any person; and (5) Without limiting subsection (4), section 31(7) of the **Charter of Human Rights and Responsibilities Act 2006** does not apply to this section. (6) In this section, a reference to the prisoner Craig Minogue is a reference to the Craig William Minogue who was sentenced by the Supreme Court on 24 August 1988 to life imprisonment for one count of murder. S. 74AC inserted by No. 36/2023 s. 7. 74AC Conditions for making a parole order for Paul Denyer (1) The Board must not make a parole order under section 74 or 78 in respect of the prisoner Paul Denyer unless an application for the order is made to the Board by or on behalf of the prisoner. (3) After considering the application, the Board may make an order under section 74 or 78 in respect of the prisoner Paul Denyer if, and only if, the Board— (i) is in imminent danger of dying, or is seriously incapacitated, and as a result he no longer has the physical ability to do harm to any person; and (5) Without limiting subsection (4), section 31(7) of the **Charter of Human Rights and Responsibilities Act 2006** does not apply to this section. (6) In this section, a reference to the prisoner Paul Denyer is a reference to the Paul Denyer who was sentenced by the Supreme Court on 20 December 1993 to three concurrent sentences of life imprisonment for three counts of murder. S. 74AABA inserted by No. 76/2016 s. 6. 74AABA Conditions for making a parole order for person imprisoned for certain fatal offences S. 74AABA(1) amended by No. 28/2025 s. 31. (1) The Board must not make a parole order under section 74 or 78 in respect of a prisoner serving a sentence of imprisonment for an offence of murder, conspiracy to murder, accessory to murder or manslaughter, in circumstances in which the body or remains of the deceased victim have not been located, unless the Board is satisfied that the prisoner has cooperated satisfactorily in the investigation of the offence to identify— (a) the location, or the last known location, of the body or remains of the victim of the offence; and (b) the place where the body or remains of the victim of the offence may be found. See section 5(2CA) of the **Sentencing Act 1991**. (2) Subsection (1) also applies in the case of a corresponding offence committed outside Victoria for which the prisoner is serving a sentence of imprisonment in Victoria, having been transferred to Victoria under the **Prisoners (Interstate Transfer) Act 1983**. (3) For the purposes of subsection (1), the Board must have regard to the following— (a) a report by the Chief Commissioner of Police evaluating the prisoner's cooperation in the investigation of the offence; (b) a report from the Secretary to the Department in respect of whether the prisoner is suitable for release on parole; (c) the capacity of the prisoner to cooperate in the investigation of the offence, which may include information provided in a report under paragraph (a) or (b); **Examples** A mental or physical infirmity, such as age, cognitive impairment, mental impairment, dementia or a decline in memory. (d) the record of the court in relation to the offending, including the judgment and the reasons for sentence; (e) any other information regarding whether the body or remains of a deceased victim was or were recovered as a result of the prisoner's cooperation in the investigation of the offence; (f) any submission to the Board by a victim under section 74A. (4) A report referred to in subsection (3)(a) must include an evaluation of the following— (a) the nature and extent of the prisoner's cooperation; (b) the timeliness of the prisoner's cooperation; (c) the truthfulness, completeness, reliability and credibility of any information or evidence provided by the prisoner; (d) the significance and usefulness of the prisoner's cooperation, including, but not limited to, information ascertained from the Crown's case put at trial if that case includes reference to whether the prisoner was acknowledged to have information relevant to— (i) the location, or the last known location, of the body or remains of the victim of the offence; and (ii) the place where the body or remains of the victim of the offence may be found. (5) Cooperation referred to in this section may occur before or after the prisoner was sentenced to imprisonment. (6) For the avoidance of doubt, section 73A also applies to the determination of the Board under this section. S. 74AAB (Heading) amended by No. 31/2017 s. 8(1), substituted by No. 32/2018 s. 122(1). S. 74AAB inserted by No. 31/2014 s. 7. 74AAB Parole decisions made by Serious Violent Offender or Sexual Offender Parole Division S. 74AAB(1) amended by No. 32/2018 s. 122(2). (1) There is to be a Serious Violent Offender or Sexual Offender Parole division of the Board consisting of— (a) the chairperson of the Board; and (b) one full-time member or one part-time member of the Board selected by the chairperson; and S. 74AAB(1)(c) amended by No. 64/2017 s. 13(1). (c) other members of the Board, if any, selected by the chairperson from time to time. S. 74AAB(2) amended by No. 31/2017 s. 8(2), substituted by No. 32/2018 s. 122(3). (2) The primary function of the SVOSO division is to decide whether or not to make an order under section 74— (a) that a prisoner who does not have a terrorism record be released on parole in respect of— (i) a sexual offence; or (ii) a serious violent offence; or (b) that a prisoner who has a terrorism record be released on parole in respect of any offence; or (c) that a prisoner who is charged with a terrorism or foreign incursion offence be released on parole in respect of any offence; or (d) following a referral made under section 74AAC(5)(b). Section 74AAC requires other divisions of the Board to refer parole decisions to the SVOSO division if satisfied that there is a risk that the prisoner will commit a terrorism or foreign incursion offence. S. 74AAB(2A) inserted by No. 32/2018 s. 122(3). (2A) The only other function of the SVOSO division is to decide whether to make an order under section 77A(2) revoking the cancellation of a prisoner's parole under section 77(6). S. 74AAB(3) amended by Nos 31/2017 s. 8(2), 32/2018 s. 122(4). (3) An order referred to in subsection (2) may only be made by the SVOSO division. Note to s. 74AAB(3) inserted by No. 76/2016 s. 4. A prisoner who is required to go through the process set out in section 74AAA would still obtain an order under section 74 or 78. (4) Subsection (3) applies whether the prisoner was sentenced to imprisonment in respect of the offence before or after this section comes into operation. S. 74AAB(5) amended by Nos 31/2017 s. 8(2), 32/2018 s. 122(5). (5) The SVOSO division may only make an order referred to in subsection (2)(a) if— (a) another division of the Board has recommended that parole be granted; and (b) the SVOSO division has considered the recommendation. S. 74AAB(5A) inserted by No. 32/2018 s. 122(6). (5A) The SVOSO division may only make an order referred to in subsection (2)(b), (c) or (d) if— (a) another division of the Board has recommended that parole be granted; and (b) the SVOSO division has considered the recommendation; and (c) the SVOSO division is satisfied that— (i) in the case of a prisoner who has been convicted of a terrorism or foreign incursion offence, there are exceptional circumstances that justify making the order; or (ii) in any other case, there are compelling reasons that justify making the order. S. 74AAB(6) amended by No. 32/2018 s. 122(7). (6) For the purposes of subsections (5) and (5A), a member of the SVOSO division must not have sat as a member of the division making the recommendation. S. 74AAB(7) amended by Nos 31/2017 s. 8(2), 32/2018 s. 122(8). (7) After considering the recommendation of another division of the Board, the SVOSO division may refuse to make an order referred to in subsection (2) even if the recommendation is that the prisoner be released on parole. S. 74AAB(8) substituted by No. 31/2017 s. 8(3), repealed by No. 64/2017 s. 13(2). S. 74AAC inserted by No. 32/2018 s. 123. 74AAC Parole decisions where terrorism risk information provided to Board (1) This section applies if— (a) a division of the Board (other than the SVOSO division) is considering whether or not to make an order under section 74 that a prisoner be released on parole in respect of any offence; and (b) the prisoner does not have a terrorism record; and (c) the Secretary provides the Board with terrorism risk information in respect of the prisoner under section 70(4). (2) Before making the order referred to in subsection (1)(a), the division must determine whether or not it is satisfied that there is a risk that the prisoner will commit a terrorism or foreign incursion offence. (3) For the purposes of subsection (2), the division must have regard to— (a) subject to subsection (4), the terrorism risk information referred to in subsection (1)(c); and (b) the record of the court in relation to the prisoner's offending, including the judgment and the reasons for sentence. (4) The division must not have regard to terrorism risk information regarding the prisoner having, or having had, an association with a person or group referred to in section 3B(3)(b)(i), (ii) or (iii) unless the division is satisfied that the prisoner knew— (b) that the person or group was directly or indirectly engaged in, preparing for, planning, assisting in or fostering the doing of a terrorist act; or (5) If the division is satisfied that there is a risk that the prisoner will commit a terrorism or foreign incursion offence— (a) the division must not make an order under section 74 that the prisoner be released on parole; and (b) instead, the division must either— (i) refuse to make an order under section 74 that the prisoner be released on parole; or (ii) subject to subsection (6), refer the decision of whether to make the order to the SVOSO division along with a recommendation that parole should be granted. (6) The division must not refer the decision to the SVOSO division under subsection (5)(b)(ii) unless the division is satisfied that— (a) in the case of a prisoner who has been convicted of a terrorism or foreign incursion offence, there are exceptional circumstances that justify releasing the prisoner on parole; or (b) in any other case, there are compelling reasons that justify releasing the prisoner on parole. (7) This section applies whether the prisoner was sentenced to imprisonment in respect of the offence before or after this section comes into operation. S. 74AAD inserted by No. 36/2023 s. 8. 74AAD Board must specify no-return period in certain circumstances (1) This section applies to a prisoner who is serving a sentence of life imprisonment in respect of which a non-parole period was fixed. (2) If the Board refuses to make a parole order in respect of a prisoner to whom this section applies, the Board by instrument must order that the prisoner is not eligible for parole for the period (not exceeding 5 years) specified in the order. (3) The Board must not make a parole order under section 74 or 78 in respect of the prisoner at any time during the period specified in the order. (4) Despite subsection (3), after considering an application for a parole order under section 74 or 78 made by or on behalf of the prisoner, the Board may make a parole order if, and only if, the Board— (i) is in imminent danger of dying, or is seriously incapacitated, and as a result the prisoner no longer has the physical ability to do harm to any person; and (5) The **Charter of Human Rights and Responsibilities Act 2006** has no application to this section. (6) Without limiting subsection (5), section 31(7) of the **Charter of Human Rights and Responsibilities Act 2006** does not apply to this section. S. 74AAE inserted by No. 36/2023 s. 9. 74AAE Restricted prisoners (1) The Board must not make a parole order under section 74 or 78 in respect of a restricted prisoner unless an application for the order is made to the Board by or on behalf of the prisoner. S. 74AAF inserted by No. 36/2023 s. 9. 74AAF Restricted prisoner reports The Secretary must provide the Board with a report about a restricted prisoner that details information the Secretary considers relevant to the Board's consideration of whether to make a restricted prisoner declaration in respect of the prisoner— (a) in the case of a restricted prisoner who has made an application for a parole order—as soon as practicable after the Board requests the report; or (b) in the case of a restricted prisoner who has not made an application for a parole order—1 year before the end of the non-parole period fixed in respect of the prisoner's sentence; or (c) in the case of a restricted prisoner in respect of whom a restricted prisoner declaration is in effect—1 year before the end of the period specified in the declaration. S. 74AAG inserted by No. 36/2023 s. 9. 74AAG Restricted prisoner declarations (1) Before determining an application for a parole order by or on behalf of a restricted prisoner (other than a restricted prisoner in respect of whom a restricted prisoner declaration is in effect), the Board— (a) must request the Secretary to provide the Board with a report under section 74AAF(1)(a); and (b) must consider making a declaration under subsection (4) in respect of the prisoner. (2) On receiving a report under section 74AAF(1)(b) or (c) about a restricted prisoner, the Board must consider making a declaration under subsection (4) in respect of the prisoner. (3) The Board is not required to comply with subsection (1) if the Board has received a report about the restricted prisoner within the preceding year. (4) The Board by instrument may declare that the restricted prisoner is not eligible for parole for a period specified in the declaration if the Board is satisfied that it is in the public interest. (5) In determining whether the making of the declaration is in the public interest, the Board— (a) must have regard to the report provided by the Secretary about the restricted prisoner; and (b) may have regard to the effect the following is likely to have on a victim of an offence for which the prisoner is serving the sentence of imprisonment— (i) making or not making the declaration; (ii) making or not making a parole order in respect of the prisoner; and (c) may have regard to any other matter the Board considers appropriate. (6) The period specified in the declaration must— (a) be determined having regard to the public interest; and (b) be at least 5 years; and (c) not exceed 10 years; and (d) not commence before the expiry of any existing declaration under subsection (4) in respect of the restricted prisoner. (7) The Board must not make a parole order under section 74 or 78 in respect of the restricted prisoner at any time during the period specified in the declaration. (8) Despite subsection (7), after considering an application for a parole order under section 74 or 78 made by or on behalf of the restricted prisoner, the Board may make a parole order if, and only if, the Board— (i) is in imminent danger of dying, or is seriously incapacitated, and as a result the prisoner no longer has the physical ability to do harm to any person; and (9) The **Charter of Human Rights and Responsibilities Act 2006** has no application to this section. (10) Without limiting subsection (9), section 31(7) of the **Charter of Human Rights and Responsibilities Act 2006** does not apply to this section. (11) In this section— ***family member***, in relation to a person, means— (a) a partner of the person; or (b) a parent, step-parent, legal guardian or grandparent of the person or of a partner of the person; or (c) a child or grandchild (of any age) of the person or of a partner of the person or a child of whom that person or the person's partner is a guardian; or (d) a sibling or a step-sibling of the person or of a partner of the person; or (e) a child (of any age) of a sibling of the person or of a sibling of a partner of the person; or (f) a child (of any age) of a sibling of a parent of the person or of a sibling of a parent of a partner of the person; or (g) a person who has or has had an intimate personal relationship with that person; or (h) a child who normally or regularly resides with that person; or (i) another person who is or has been ordinarily a member of the household of that person; (a) a natural person who has suffered injury, loss or damage (including grief, distress, trauma or other significant adverse effect) as a direct result of an offence, whether or not that injury, loss or damage was reasonably foreseeable by the restricted prisoner; or (b) a family member of a person to whom paragraph (a) applies. S. 74A inserted by No. 14/2004 s. 9.