Parole Act 1971 (Northern Territory)

Mechanically, the Parole Act 1971 (NT) creates and governs the Parole Board, sets out the composition, meeting rules and decision‑making procedures for the Board (Pt 2 Div 1), establishes duties for probation and parole officers (s 3R), and provides the statutory framework for release on parole, supervision conditions, monitoring, sanctions for non‑compliance, arrest and remand procedures, cancellation and revocation, and re‑release after sanctions (Pt 3). Key operative mechanisms are:

Creation and constitution of the Parole Board, including fixed membership types and appointment terms (ss 3A, 3B, 3C, 3EA). The Administrator and the Minister are the appointing authorities for particular members and proxies (ss 3B(1A), 3D, 3FA, 3K).
Authority to make parole orders after expiry of a non‑parole period fixed by the sentencing court (s 5(2)), subject to other laws (note to s 5).
Mandatory supervisory and compliance conditions attaching to parole (s 5A). Monitoring conditions may require approved electronic devices and voice samples (s 5A(3), defined by reference to the Correctional Services Act 2014 and the Youth Justice Act 2005 for youth).
A sanctions regime that the Chairperson may determine by Gazette notice (the sanctions matrix) and apply when the sanctions regime is a condition of the parole order (ss 4C, 5A(3)(c), 5E-5F). The Chairperson may impose warnings, sanctions, revoke parole or take no action after receiving a report from a probation and parole officer (s 5F(3)).
Arrest powers for police where a parole order is revoked, suspected breach has occurred, or the parolee has failed to comply (s 5G). Local Court and Supreme Court roles: cancellation and warrant procedures (ss 6-11), and appeal rights from cancellation to the Supreme Court by way of re‑hearing (s 10).

NORTHERN TERRITORY OF AUSTRALIA PAROLE ACT 1971 As in force at 8 April 2025 Table of provisions Part 1 Preliminary matters 1 Short title ......................................................................................... 1 2 Commencement .............................................................................. 1 3 Interpretation ................................................................................... 1 3AA Parole period ................................................................................... 3 3AB Application to youth detainees ......................................................... 3 Part 2 Administrative matters Division 1 Parole Board 3A Parole Board established................................................................. 4 3B Membership of Board ...................................................................... 4 3C Chairperson of Board ...................................................................... 5 3D Appointment of persons to act as appointed members.................... 5 3E Resignation of appointed members ................................................. 6 3EA Removal from office of appointed members .................................... 6 3EB Constitution of Board for different matters ....................................... 6 3F Meetings of Board ........................................................................... 7 3FA Appointment of proxy by Commissioner of Correctional Services ........................................................................................... 8 3H Board to prepare annual report........................................................ 8 3HA Exclusion of rules of natural justice ................................................. 8 3J Actions not to lie against members or probation and parole officers ............................................................................................. 9 3K Secretary to the Board ..................................................................... 9 Division 2 Probation and parole officers 3R Functions of probation and parole officers ....................................... 9 Part 3 Parole orders 4 Chairperson may require attendance of prisoner........................... 10 4A Expert advice or opinion ................................................................ 10 4B Release on parole of prisoner serving life imprisonment for murder ........................................................................................... 10 4C Sanctions matrix ............................................................................ 11 5 Release on parole ......................................................................... 11 5A Parole order conditions .................................................................. 12

Parole Act 1971 ii 5B Amendment or revocation of parole order – before expiry of parole period.................................................................................. 13 5C Commission of offence or contravention of condition during parole period.................................................................................. 13 5D Parole order taken to be revoked .................................................. 14 5E Requirements when sanctions regime condition of parole order .............................................................................................. 15 5F Application of sanctions regime ..................................................... 15 5G Arrest of person ............................................................................. 16 6 Cancellation of parole by court ...................................................... 17 7 Issue of warrant where parole order revoked or cancelled ............ 17 8 Remand of person ......................................................................... 18 9 Release of person on bail .............................................................. 18 10 Appeal from decision to cancel parole order.................................. 18 11 Service of term of imprisonment .................................................... 19 13 Release of person on parole after revocation or cancellation of previous parole order..................................................................... 19 13A Release on parole after serving sanction ...................................... 19 13B Effect of serving sanction on sentence .......................................... 20 14 Effect of parole order on sentence................................................. 21 14A Alternative conditions under sanctions regime when re-released on parole .................................................................... 21 15 Remission already earned before parole order revoked or cancelled ....................................................................................... 21 Part 4 Miscellaneous matters 16 Exercise of Royal prerogative of mercy and operation of other Commonwealth laws or Territory laws ........................................... 22 17 Regulations.................................................................................... 22 Part 5 Transitional matters for Parole Amendment Act 2016 18 Definitions ...................................................................................... 22 19 Application of amendments ........................................................... 22 Part 6 Transitional matters for Parole Amendment Act 2017 20 Application of amendments ........................................................... 23 Part 7 Transitional matters for Parole Amendment Act 2021 21 Definitions ...................................................................................... 23 22 Change in membership of the Board ............................................. 23

Parole Act 1971 iii ENDNOTES

NORTHERN TERRITORY OF AUSTRALIA

As in force at 8 April 2025

PAROLE ACT 1971 An Act relating to sentences of imprisonment imposed on, and the release on parole of, certain persons found guilty of offences Part 1 Preliminary matters 1 Short title This Act may be cited as the Parole Act 1971. 2 Commencement This Act shall come into operation on a date to be fixed by the Administrator by notice in the Gazette. 3 Interpretation (1) In this Act: appointed member means a member of the Board appointed under section 3B(1A) or (2). approved monitoring device, see section 165 of the Correctional Services Act 2014. Chairperson means the Chairperson of the Board under section 3C. court means the Supreme Court or Local Court. custodial correctional facility, see section 11(1)(a) of the Correctional Services Act 2014. non-parole period, see section 3(1) of the Sentencing Act 1995. offence means an offence against a law (other than a Commonwealth Act or regulations under a Commonwealth Act) in force in the Territory.

Part 1 Preliminary matters Parole Act 1971 2 offender means a person convicted of an offence against a law (other than a Commonwealth Act or regulations under a Commonwealth Act) in force in the Territory. parole order means an order made under section 5(2) and, if such an order has been amended, means the order as amended. parole period, see section 3AA. police officer means: (a) a member of the Police Force of the Territory; or (b) a member of the Australian Federal Police. prisoner, see section 6 of the Correctional Services Act 2014. probation and parole officer, see section 4 of the Correctional Services Act 2014. relevant offence, see section 5(1). sanction means a period of a person's sentence of imprisonment which must be served in a custodial correctional facility by the person under the sanctions matrix. sanctions matrix, see section 4C. sanctions regime means the application of the sanctions matrix to an instance of non-compliance with a condition of a person's parole order. the Board means the Parole Board of the Northern Territory established under this Act. (3) For this Act, a person is taken to have served a term of imprisonment: (a) when the person is discharged from imprisonment; or (b) when the person would, but for the fact that the person is serving another term of imprisonment, have been discharged from imprisonment.

Part 1 Preliminary matters Parole Act 1971 3 3AA Parole period (1) The parole period, in relation to a person who is released from the custody of the Commissioner of Correctional Services under a parole order, is the period: (a) commencing on the day on which the person is released from custody; and (b) expiring: (i) on the day on which the term of imprisonment to which the person was sentenced expires; or (ii) if the parole order in relation to the person is revoked or cancelled – on the date of the revocation or cancellation. (2) However, if the person's parole order contains a condition that the sanctions regime applies in relation to the order – any time served in custody as a sanction does not form part of the parole period. 3AB Application to youth detainees (1) This Act applies to a youth detainee as if: (a) a reference to a prisoner or offender were a reference to the youth detainee; and (b) a reference to imprisonment included a reference to detention; and (c) the reference to the Sentencing Act 1995 in section 5(1) included a reference to the Youth Justice Act 2005; and (d) a reference to the Commissioner of Correctional Services, other than a reference in Part 2, included a reference to the CEO (Youth Justice); and (e) a reference to the Local Court were a reference to the Youth Justice Court; and (f) a reference to a custodial correctional facility were a reference to a detention centre; and (g) a reference to a probation and parole officer included a reference to a community youth justice officer; and (h) a reference to an approved monitoring device were a reference to an approved monitoring device as defined in section 5(1) of the Youth Justice Act 2005.

Part 2 Administrative matters Division 1 Parole Board Parole Act 1971 4 (2) In this section: CEO (Youth Justice) means the Chief Executive Officer (as defined in section 19 of the Public Sector Employment and Management Act 1993) of the Agency responsible for youth justice. community youth justice officer, see section 5(1) of the Youth Justice Act 2005. detention centre, see section 5(1) of the Youth Justice Act 2005. youth detainee means a detainee as defined in section 5(1) of the Youth Justice Act 2005. Youth Justice Court means the Youth Justice Court continued in existence by section 45 of the Youth Justice Act 2005. Part 2 Administrative matters Division 1 Parole Board 3A Parole Board established For this Act, there is a board to be known as the Parole Board of the Northern Territory. 3B Membership of Board (1) The Board must have 18 members who are to be: (a) a lawyer who has been admitted to the legal profession for at least 10 years; and (b) the Commissioner of Correctional Services; and (c) 2 police officers nominated by the Commissioner of Police; and (d) 2 persons, each of whom is: (i) a medical practitioner; or (ii) a person registered under the Health Practitioner Regulation National Law to practise in the psychology profession (other than as a student); and (e) 2 persons, each of whom represents the interests of victims of crime; and

Part 2 Administrative matters Division 1 Parole Board Parole Act 1971 5 (f) 10 persons who reflect, as closely as possible, the composition of the community at large and include women and Aboriginals and Torres Strait Islanders. (1A) The member mentioned in subsection (1)(a): (a) is to be appointed in writing by the Administrator; and (b) holds office for 5 years but, subject to sections 3E and 3EA, may continue to hold office beyond 5 years until the appointment of a successor; and (c) is eligible for re-appointment. (2) A member mentioned in subsection (1)(d), (e) or (f): (a) is to be appointed in writing by the Administrator; and (b) holds office for 3 years commencing on the date of appointment; and (c) is eligible for re-appointment. (3) The validity of a decision or direction of the Board is not affected by a vacancy in the membership of the Board. 3C Chairperson of Board The member mentioned in section 3B(1)(a) is the Chairperson of the Board. 3D Appointment of persons to act as appointed members (1) The Minister may appoint a person to act as an appointed member: (a) during a vacancy in the office of the member, whether or not an appointment has previously been made to the office; or (b) during any period, or during all periods, when the member is for any reason unable to perform the functions of the office. (2) A person appointed to act under subsection (1) during a vacancy in an office must not act in that office continuously for more than 12 months. (3) A person is not to be appointed to act under subsection (1) as an appointed member unless the person is eligible to be appointed as such a member.

Part 2 Administrative matters Division 1 Parole Board Parole Act 1971 6 (4) Anything done by or in relation to a person purporting to act in pursuance of an appointment under subsection (1) is not invalid on the ground: (a) the appointment was ineffective or had ceased to have effect; or (b) the occasion to act had not arisen or had ceased. 3E Resignation of appointed members An appointed member may resign his or her office by writing signed by the member and given to the Minister. 3EA Removal from office of appointed members (1) The Administrator must terminate the appointment of an appointed member if the member ceases to be eligible for appointment as such a member. (2) The Administrator may terminate the appointment of an appointed member for inability, inefficiency, misconduct, or physical or mental incapacity. 3EB Constitution of Board for different matters (1) For a matter relating to a prisoner who is serving a term of imprisonment for life for the offence of murder, the Board is constituted by: (a) the Chairperson; and (b) the Commissioner of Correctional Services; and (c) 8 other members of the Board nominated by the Chairperson: (i) one of whom must be a member mentioned in section 3B(1)(c); and (ii) one of whom must be a member mentioned in section 3B(1)(d); and (iii) one of whom must be a member mentioned in section 3B(1)(e); and (iv) 5 of whom must be members mentioned in section 3B(1)(f).

Part 2 Administrative matters Division 1 Parole Board Parole Act 1971 7 (2) For a matter relating to any other prisoner, the Board is constituted by: (a) the Chairperson; and (b) the Commissioner of Correctional Services; and (c) 4 other members of the Board nominated by the Chairperson: (i) one of whom must be a member mentioned in section 3B(1)(c); and (ii) one of whom must be a member mentioned in section 3B(1)(e); and (iii) 2 of whom must be members mentioned in section 3B(1)(f); and (d) if the Chairperson considers it desirable – one other member of the Board nominated by the Chairperson who must be a member mentioned in section 3B(1)(d). (3) For any other matter, the Board is constituted by all members of the Board. 3F Meetings of Board (1) The Board must meet as often as the Chairperson thinks necessary. (2) A meeting of the Board must be convened by the Chairperson, or by the Secretary to the Board on the direction of the Chairperson, by notice in writing to the other members of the Board, and must be held at the time and place specified in the notice. (3) The Chairperson must preside at all meetings of the Board. (4) At a meeting of the Board, a quorum is constituted by the following members present in person or by proxy appointed under section 3FA: (a) for a matter relating to a prisoner who is serving a term of imprisonment for life for the offence of murder – the Chairperson and 7 other members; (b) for a matter relating to any other prisoner – the Chairperson and 3 other members; (c) for any other matter – the Chairperson and 9 other members.

Part 2 Administrative matters Division 1 Parole Board Parole Act 1971 8 (5) At a meeting of the Board: (a) questions of law are to be determined by the Chairperson; and (b) questions (other than questions of law) concerning the release on parole of a prisoner who is serving a term of imprisonment for life for the offence of murder are to be determined by a unanimity of votes; and (c) all other questions are to be determined by a majority of votes. (6) The Chairperson has a deliberative vote and, in the event of an equality of votes on a question to be determined by a majority of votes, also has a casting vote. (7) The Secretary to the Board must keep a record of its proceedings. (8) Subject to this Act, the procedure at meetings of the Board must be as the Board determines. 3FA Appointment of proxy by Commissioner of Correctional Services (1) If the Commissioner of Correctional Services is unable to attend a meeting of the Board, the Commissioner may appoint a person (excluding another member of the Board) to attend and vote at the meeting as the Commissioner's proxy. (2) The appointment of the proxy must be in writing given to the Chairperson before the meeting. 3H Board to prepare annual report (1) The Board must, as soon as practicable after each 31 December, prepare and give to the Minister a report of its activities during the year ended on that date. (2) The Minister must table a copy of the report within 10 sitting days after receiving it. 3HA Exclusion of rules of natural justice Subject to this Act, the rules known as the rules of natural justice (including any duty of procedural fairness) do not apply to or in relation to a decision or action of the Chairperson or direction of the Board under this Act.

Part 2 Administrative matters Division 2 Probation and parole officers Parole Act 1971 9 3J Actions not to lie against members or probation and parole officers (1) An action or proceeding, whether civil or criminal, does not lie against a member of the Board or probation and parole officer for or in respect of an act or thing done in good faith by the member or probation and parole officer in his or her capacity as member or probation and parole officer, as the case may be. (2) An act or thing is taken to have been done in good faith if the member of the Board or probation and parole officer by whom the act or thing was done was not actuated by ill-will to the person affected or by any other improper motive. 3K Secretary to the Board (1) The Minister may appoint a person to be Secretary to the Board. (2) Subject to the directions of the Minister, the Secretary to the Board must: (a) act generally as secretary to the Board; and (b) record minutes of meetings of the Board; and (c) prepare the agenda of parole cases for each meeting of the Board at which parole cases are to be considered; and (d) prepare parole orders and other documents as directed by the Board; and (e) carry out such other duties as directed by the Board or Chairperson. Division 2 Probation and parole officers 3R Functions of probation and parole officers It is the duty of a probation and parole officer: (a) to supervise persons released on parole as assigned by the Board; and (aa) to supervise persons made subject to the supervision of a probation and parole officer under a non-custodial supervision order within the meaning of Part IIA of the Criminal Code; and (b) to prepare reports as required by the Board; and

Part 3 Parole orders Parole Act 1971 10 (c) to maintain case records and statistics as required by the Board; and (d) to carry out the directions of the Board in relation to a parole order; and (e) to investigate and make reports to the Board on the employment and place of living available to each person applying for release on parole; and (f) to perform such other duties as directed by the Board or Chairperson. Part 3 Parole orders 4 Chairperson may require attendance of prisoner The Chairperson may require a prisoner to be brought before a meeting of the Board at which a matter relating to the prisoner is to be considered, if the Chairperson considers it necessary or desirable. 4A Expert advice or opinion The Board may, in considering a matter, seek the advice or opinion of an expert on the matter. 4B Release on parole of prisoner serving life imprisonment for murder (1) This section applies if the Board is considering the release on parole of a prisoner who is serving a term of imprisonment for life for the crime of murder. (2) The Board may invite persons to make submissions on the matter to the Board, including the following persons: (a) members of the victim's family; (b) if the prisoner is an Aboriginal or Torres Strait Islander who identifies with a particular community of Aboriginals or Torres Strait Islanders – representatives of that community. (3) In considering the matter, the Board must have regard to the principle that the public interest is of primary importance and, in doing so, must give substantial weight to the following matters: (a) the protection of the community as the paramount consideration;

Part 3 Parole orders Parole Act 1971 11 (b) the likely effect of the prisoner's release on the victim's family; (c) if the prisoner is an Aboriginal or Torres Strait Islander who identifies with a particular community of Aboriginals or Torres Strait Islanders – the likely effect of the prisoner's release on that community. (4) The Board must not make a parole order in relation to the prisoner unless the Board considers that the prisoner has cooperated satisfactorily in the investigation of the offence to identify the location, or the last known location, of the remains of the victim of the offence. (5) For subsection (4), the cooperation may occur before or after the prisoner was sentenced to imprisonment. (6) For subsection (4), the Board must take into account any report by the Commissioner of Police evaluating the prisoner's cooperation in the investigation of the offence that is tendered to the Board. (7) The Commissioner of Police, in preparing a report as mentioned in subsection (6), must evaluate the following: (a) the nature and extent of the prisoner's cooperation; (b) the timeliness of the cooperation; (c) the truthfulness, completeness and reliability of any information or evidence provided by the prisoner; (d) the significance and usefulness of the prisoner's cooperation. (8) The Board must give reasons for any decision or direction of the Board on the matter and those reasons must be included in the record of its proceedings kept under section 3F(7). 4C Sanctions matrix The Chairperson may, on behalf of the Board, from time to time, by Gazette notice, determine a schedule of sanctions (the sanctions matrix) for non-compliance with conditions of a parole order. 5 Release on parole (1) This section applies in relation to a person who is serving a term of imprisonment for an offence (the relevant offence) for which a non-parole period has been fixed under this Act or the Sentencing Act 1995.

Part 3 Parole orders Parole Act 1971 12 (2) The Board may, by written order (a parole order), direct that the person be released from custody on parole at a time after the expiry of the non-parole period fixed by the sentencing court. (3) A parole order in relation to a person is sufficient authority for the release of the person from a custodial correctional facility. Note for section 5 Another law may specify circumstances in which a parole order cannot be made. See for example sections 12(2) and 29(2) of the Serious Sex Offenders Act 2013. 5A Parole order conditions (1) It is a condition of a parole order that the person to whom the order relates, during the parole period: (a) is subject to supervision by a probation and parole officer; and (b) must comply with all reasonable directions of the probation and parole officer. (2) A parole order is also subject to any other conditions specified in the order. (3) Without limiting subsection (2), conditions specified in a parole order may include any of the following: (a) that the person to whom the order relates must reside at a specified place; (b) that the person is subject to monitoring (but not if the person is a youth, unless the person was found guilty of the relevant offence by the Supreme Court); (c) that the sanctions regime applies in relation to instances of non-compliance with the conditions of the order. (4) In this section: monitoring, of a person, means one or more of the following: (a) the person must: (i) wear or have attached, and not tamper with, destroy or otherwise interfere with, an approved monitoring device during the period the person is on parole, or a lesser period fixed by the Board; and (ii) allow the placing or installation in, and retrieval from, a specified place of anything necessary for the effective operation of the device;

Part 3 Parole orders Parole Act 1971 13 (b) the person must give a spoken sample of the person's voice for use with an approved monitoring device. 5B Amendment or revocation of parole order – before expiry of parole period (1) At any time before the expiry of a person's parole period, the Chairperson may: (a) amend a parole order in relation to the person by: (i) varying or revoking a condition of the order (other than the condition mentioned in section 5A(1)); or (ii) imposing additional conditions, including a condition that the sanctions regime applies in relation to instances of non-compliance with the conditions of the order; or (b) revoke the parole order. (2) An amendment under subsection (1)(a) of a condition of a person's parole order: (a) does not have effect until notice of the variation, revocation or determination is given to the person; and (b) has no effect if notice is not given to the person before the expiry of the parole period. 5C Commission of offence or contravention of condition during parole period (1) This section applies in relation to the following persons to whom a parole order relates: (a) a person who: (i) is found guilty, whether before or after the expiry of the parole period under the order, of an offence committed during the parole period; and (ii) is sentenced for that offence to a sentence that does not include a term of actual imprisonment; (b) a person who: (i) is proceeded against, whether before or after the expiry of the parole period under the order, for an offence committed during the parole period; and

Part 3 Parole orders Parole Act 1971 14 (ii) who is released by the court on condition as to future good behaviour or any other condition; (c) a person who, during the parole period under the order, failed to comply with a condition of the order. (2) The Chairperson may, by written order, direct that the person's parole order be revoked even after the parole period has expired. (3) The Chairperson cannot make an order under subsection (2) after the parole period has expired if, before the expiry, the Chairperson was aware of the relevant matter mentioned in subsection (1)(a), (b) or (c). (4) If the Chairperson makes an order under subsection (2), the parole order is taken to have been revoked immediately before the expiry of the parole period. (5) In this section: offence includes an offence against a law of the Commonwealth, a State or another Territory. 5D Parole order taken to be revoked (1) This section applies in relation to a person who: (a) while on parole, commits an offence; and (b) is sentenced to a term of imprisonment for the offence. (2) The parole order is taken to have been revoked at the time of sentencing or, if the parole period has already expired immediately before the expiry of the parole period. (3) Despite subsection (2), the person's parole order is not taken to have been revoked if the term of imprisonment mentioned in subsection (1)(b) is wholly suspended. (4) However, if the suspended term of imprisonment is wholly or partially restored, the parole order is taken to be revoked when the person is committed into the custody of the Commissioner of Correctional Services. (5) In this section: offence includes an offence against a law of the Commonwealth, a State or another Territory.

Part 3 Parole orders Parole Act 1971 15 5E Requirements when sanctions regime condition of parole order (1) This section applies if the sanctions regime applies in relation to a person's parole order. (2) If this section applies: (a) the person must be given a copy of the sanctions matrix; and (b) a probation and parole officer must explain to the person the consequences of non-compliance with the conditions of the parole order; and (c) the person must acknowledge that the person has been given a copy of the sanctions matrix and the consequences of non-compliance have been explained to the person. (3) Subsection (2) must be complied with: (a) if section 5A(3)(c) applies – before the person is released on parole; or (b) if section 5B(1)(a)(ii) applies – as soon as practicable after the Chairperson amends the parole order. 5F Application of sanctions regime (1) This section applies if a person's parole order includes a condition that the sanctions regime applies to the person's parole order. (2) If a probation and parole officer believes on reasonable grounds that an instance of non-compliance with a condition of the person's parole order has occurred, the officer must give a written report about the matter to the Chairperson as soon as practicable after the instance of non-compliance. (3) If the Chairperson is satisfied that an instance of non-compliance has occurred, the Chairperson may: (a) issue a written warning; or (b) impose the applicable sanction under the sanctions matrix; or (c) revoke the person's parole order; or (d) take no action. (4) A sanction imposed under subsection (3)(b) must not have the effect of extending the term of imprisonment imposed at sentence.

Part 3 Parole orders Parole Act 1971 16 (5) If the Chairperson decides that sanctions under the sanctions matrix are to be imposed in relation to multiple instances of non-compliance, the total sanction imposed must not be greater than the longest of the individual sanctions that apply in relation to the instances of non-compliance. (6) If, under subsection (3)(b) the Chairperson imposes a sanction under the sanctions matrix, the Chairperson must, by written order: (a) state that the Chairperson has imposed a sanction under subsection (3)(b); and (b) specify the nature of the non-compliance and the sanction imposed. (7) The written order is authority for a police officer to arrest the person and bring the person before the Local Court. (8) The Local Court must issue a warrant of commitment of the person into the custody of the Commissioner of Correctional Services to serve the period specified in the Chairperson's order as a sanction as part of the original sentence of imprisonment if: (a) the person: (i) is brought before the court in accordance with subsection (7); or (ii) otherwise appears before the court; and (b) the court is satisfied that the Chairperson has made an order under subsection (6), imposing a sanction under the sanctions matrix. (9) The effect of a person's parole order is suspended by the warrant of commitment mentioned in subsection (8). 5G Arrest of person (1) This section applies if: (a) a parole order in relation to a person is revoked; or (b) the person to whom a parole order relates has, during the parole period, whether or not that period has already expired, failed to comply with a condition of the parole order; or (c) there are reasonable grounds for suspecting that a person has failed to comply with a condition of a parole order that relates to the person.

Part 3 Parole orders Parole Act 1971 17 (2) A police officer may: (a) if the person is in the Territory – arrest the person without a warrant; or (b) if the person is, or if there are reasonable grounds for suspecting the person is, in a State or another Territory – with a warrant mentioned in subsection (3), arrest the person. Note for subsection (2) Section 126AB of the Police Administration Act 1978 also confers a power on a member of the Police Force of the Territory to enter a place for the purpose of arresting a person mentioned in paragraph (a). (3) A court may, on application by the Director of Public Prosecutions, issue a warrant authorising a police officer to arrest a person mentioned in subsection (2)(b). (4) If a police officer arrests a person under this section, the officer must, as soon as practicable, bring the person before the Local Court. 6 Cancellation of parole by court (1) If a police officer arrests a person in the circumstances specified in section 5G(1)(b) or (c), the court before which the person is brought may, in its absolute discretion but subject to subsection (2), cancel the parole order. (2) The court must not, under subsection (1), cancel a parole order unless it is satisfied that the person has failed, without reasonable excuse, to comply with a condition of the parole order. (3) Where the court cancels a parole order and the parole period in relation to the order has already expired, the parole order is taken to have been cancelled as from the time immediately before the expiration of the parole period. 7 Issue of warrant where parole order revoked or cancelled The Local Court must issue a warrant of commitment of a person into the custody of the Commissioner of Correctional Services to serve the part of the term of imprisonment to which the parole order relates that the person has not served, if: (a) the person is: (i) brought before the Local Court under section 5G(4); or (ii) appears before the Local Court; and

Part 3 Parole orders Parole Act 1971 18 (b) the court is satisfied that the parole order in relation to the person has been revoked or the court cancels the parole order in relation to the person. 8 Remand of person (1) Where a person has been brought before the Local Court under section 5G(4), the court may defer or adjourn the hearing of the matter and may: (a) by warrant from time to time remand the person into the custody of the Commissioner of Correctional Services until the time appointed for continuing the hearing; or (b) grant the person bail in accordance with the Bail Act 1982. 9 Release of person on bail (1) Where: (a) a warrant has been issued in respect of a person under section 7; and (b) an appeal is instituted by the person in pursuance of section 10; the Local Court may, on the application of the person, grant the person bail in accordance with the Bail Act 1982. (2) Where an appeal under section 10 is allowed, a bail undertaking and any bail conditions entered into pursuant to a grant of bail under subsection (1) ceases to have effect. (3) Where a person has been released on bail pursuant to a grant of bail made under subsection (1), a warrant issued under section 7 in respect of the person must not, unless the person fails to comply with the person's bail undertaking or an agreement entered into by the person pursuant to a bail condition, be executed or further executed before the appeal is disposed of. 10 Appeal from decision to cancel parole order (1) Where the Local Court, in pursuance of section 6, cancels a parole order, the person to whom the order relates may appeal to the Supreme Court against the cancellation and the Supreme Court must: (a) if it is satisfied that the ground on which the parole order was cancelled has been established – confirm the cancellation; or

Part 3 Parole orders Parole Act 1971 19 (b) if it is not so satisfied – order that the cancellation and any warrant issued as a result of the cancellation cease to have effect. (2) An appeal under subsection (1) is by way of re-hearing, but the Supreme Court may have regard to any evidence given before the Local Court. 11 Service of term of imprisonment (1) This section applies if: (a) a parole order in relation to a person is revoked or cancelled and the person is taken into custody under this Act; or (b) a person is taken into custody to serve a sanction. (2) During any period of custody as mentioned in subsection (1)(a) or (b), the person is taken to be serving the part of the term of imprisonment that remained to be served at the commencement of the person's parole period (the remainder). (3) For a person mentioned in subsection (1)(b), any time spent in custody between the person's arrest under section 5F(7) and the time the person enters into the custody of the Commissioner of Correctional Services under section 5F(8) is taken to be time served as part of the remainder. (4) In accordance with subsection (3), the Local Court must backdate the warrant of commitment issued under section 5F(8) to reflect the time the person spent in custody after the person's arrest. 13 Release of person on parole after revocation or cancellation of previous parole order A parole order may be made in relation to a person even if a previous parole order in relation to the person has been revoked or is taken to have been revoked, or has been cancelled. 13A Release on parole after serving sanction (1) This section applies if a person has served a sanction.

Part 3 Parole orders Parole Act 1971 20 (2) At the completion of serving the sanction, the person is to be released again on parole and, while on parole, continues to be subject to the parole order originally applying to the person when the sanction was imposed. Note for subsection (2) Section 14A provides for circumstances where the parole order originally applying may be modified. (3) A probation and parole officer must, before the person is released under the parole order originally applying to the person or as soon as practicable after the person's release: (a) explain to the person that the sanctions regime will continue to apply as a condition of the person's parole order, and warn the person accordingly; and (b) advise the person that the person will continue to be supervised by a probation and parole officer until the parole period expires or the person's parole order is revoked or cancelled. 13B Effect of serving sanction on sentence (1) This section applies if a person's parole order includes a condition that the sanctions regime applies to the order. (2) Subject to subsection (3) the expiry of the parole period is unaffected by the imposition of a sanction. (3) If the person's parole order is revoked or cancelled, in determining the time remaining to be served under the person's sentence of imprisonment, only the time the person has spent in custody is taken into account as time already served, including: (a) time spent in custody before the person was initially released on parole; and (b) time spent in custody serving a sanction. Note for section 13B The effect of subsections (2) and (3) is that the person receives "credit" for time spent in the community under a parole order as well as time served as a sanction, but if the parole order is revoked or cancelled, there is no "credit" for time spent in the community.

Part 3 Parole orders Parole Act 1971 21 14 Effect of parole order on sentence (1) If a parole order that is not subject to the sanctions regime is made in relation to a person: (a) the person is taken to be still under sentence of imprisonment, and not to have served the part of the term of imprisonment that remained to be served at the commencement of the parole period, until the parole period expires without the parole order being revoked or cancelled or until the person is otherwise discharged from that imprisonment; and (b) if the parole period expires without the parole order being revoked or cancelled, the person is taken to have served the part of the term of imprisonment that remained to be served at the commencement of the parole period and to have been discharged from that imprisonment. (2) Where a parole order in relation to a person is, under section 5C or 5D, taken to have been revoked as from the time immediately before the expiration of the parole period, subsection (1) has effect as if the parole period had not expired without the parole order being revoked or cancelled. (3) Where a parole order in relation to a person is, under section 6(3), taken to have been cancelled as from the time immediately before the expiration of the parole period, subsection (1) has effect as if the parole period had not expired without the parole order being revoked or cancelled. 14A Alternative conditions under sanctions regime when re-released on parole When a person is released on parole after serving a sanction, the Chairperson may amend the person's parole order by varying the conditions of parole. 15 Remission already earned before parole order revoked or cancelled Where: (a) a parole order in relation to a person is revoked or cancelled under this Act; and (b) before the revocation or cancellation, the person had earned under a law of the Territory a period of partial remission of the sentence of imprisonment in respect of which the parole order was made;

Part 5 Transitional matters for Parole Amendment Act 2016 Parole Act 1971 22 the period so earned must, despite this or any other law of the Territory, be deducted from the term of imprisonment that remains to be served as a result of the revocation or cancellation of the parole order. Part 4 Miscellaneous matters 16 Exercise of Royal prerogative of mercy and operation of other Commonwealth laws or Territory laws This Act does not affect: (a) the exercise of the Royal prerogative of mercy; or (c) the operation of any other law of the Commonwealth, or of any law in force in the Territory, relating to the release of offenders. 17 Regulations The Administrator may make regulations under this Act. Part 5 Transitional matters for Parole Amendment Act 2016 18 Definitions In this Part: commencement means the commencement of the Parole Amendment Act 2016. 19 Application of amendments (1) Section 4B applies to the Board on and after the commencement when considering whether to make a parole order in relation to a prisoner who is serving a term of imprisonment for life for the crime of murder. (2) Section 4B also applies to the Board if: (a) a prisoner who is serving a term of imprisonment for life for the crime of murder has been released on parole, whether before or after the commencement; and (b) the parole of the prisoner is cancelled under section 6 on or after the commencement; and

Part 7 Transitional matters for Parole Amendment Act 2021 Parole Act 1971 23 (c) that cancellation is not set aside under section 10; and (d) the Board is subsequently considering whether to make a further parole order in relation to the prisoner. (3) However, section 4B does not apply to the Board in relation to a prisoner: (a) who has been released on parole before the commencement (unless subsection (2) applies); or (b) in relation to whom the Board has made a parole order before the commencement if: (i) the prisoner has not been released before the commencement; and (ii) the parole order is not revoked before the prisoner is released under the order. Part 6 Transitional matters for Parole Amendment Act 2017 20 Application of amendments This Act, as amended by the Parole Amendment Act 2017 (the amendment Act), applies in relation to a parole order, even if the parole order was entered into before the commencement of the amendment Act. Part 7 Transitional matters for Parole Amendment Act 2021 21 Definitions In this Part: amending Act means the Parole Amendment Act 2021. commencement means the commencement of section 5 of the amending Act. 22 Change in membership of the Board (1) On the commencement, the member of the Board under section 3B(1)(a) immediately before the commencement goes out of office.

Part 7 Transitional matters for Parole Amendment Act 2021 Parole Act 1971 24 (2) Despite the change made to the membership of the Board by section 5 of the amending Act: (a) the Board is taken to be the same body after the commencement as it was before the commencement; and (b) a matter that was before the Board but not finally determined before the commencement may be further considered and determined after the commencement.

ENDNOTES Parole Act 1971 25 ENDNOTES 1 KEY Key to abbreviations amd = amended od = order app = appendix om = omitted bl = by-law pt = Part ch = Chapter r = regulation/rule cl = clause rem = remainder div = Division renum = renumbered exp = expires/expired rep = repealed f = forms s = section Gaz = Gazette sch = Schedule hdg = heading sdiv = Subdivision ins = inserted SL = Subordinate Legislation lt = long title sub = substituted nc = not commenced 2 LIST OF LEGISLATION Parole of Prisoners Ordinance 1971 (Act No. 33, 1971) Assent date 16 June 1971 Commenced 10 May 1972 (Gaz No. 19, 10 May 1972, p 161) Ordinances Revision Ordinance 1973 (Act No. 87, 1973) Assent date 11 December 1973 Commenced 11 December 1973 (s 12(2)) Amending Legislation Ordinances Revision Ordinance 1974 (Act No. 34, 1974) Assent date 26 August 1974 Commenced 11 December 1973 (s 3(2)) Ordinances Revision Ordinance (No. 2) 1974 (Act No. 69, 1974) Assent date 24 October 1974 Commenced 11 December 1973 (s 3) Ordinances Revision Ordinance 1976 (Act No. 27, 1976) Assent date 28 June 1976 Commenced ss 1, 2 and 6: 28 June 1976 (s 6(2)); ss 3 and 4: 11 December 1973; s 5: 24 October 1974 Parole of Prisoners Ordinance 1974 (Act No. 46, 1974) Assent date 23 September 1974 Commenced 23 September 1974 Parole of Prisoners Ordinance 1976 (Act No. 61, 1976) Assent date 26 November 1976 Commenced 1 December 1976 (Gaz No. 48A, 30 November 1976, p 1409)

ENDNOTES Parole Act 1971 26 Parole of Prisoners Ordinance 1977 (Act No. 36, 1977) Assent date 29 July 1977 Commenced 9 September 1977 (Gaz No. 36, 9 September 1977, p 4) Transfer of Powers (Self-Government) Ordinance 1978 (Act No. 54, 1978) Assent date 1 July 1978 Commenced 1 July 1978 (s 8) Law Officers Ordinance 1978 (Act No. 61, 1978) Assent date 1 July 1978 Commenced 1 July 1978 Statute Law Revision Act 1978 (Act No. 95, 1978) Assent date 5 September 1978 Commenced 5 September 1978 Parole of Prisoners Act 1979 (Act No. 100, 1979) Assent date 3 September 1979 Commenced 3 September 1979 Remuneration (Statutory Bodies) Act 1979 (Act No. 9, 1980) Assent date 14 January 1980 Commenced 8 February 1980 (Gaz G6, 8 February 1980, p 6) Statute Law Revision Act (No. 3) 1981 (Act No. 91, 1981) Assent date 21 September 1981 Commenced 21 September 1981 Statute Law Revision Act (No. 4) 1981 (Act No. 4, 1982) Assent date 12 February 1982 Commenced 12 February 1982 Parole of Prisoners Amendment Act 1982 (Act No. 9, 1982) Assent date 8 April 1982 Commenced 8 April 1982 Parole of Prisoners Amendment Act (No. 2) 1982 (Act No. 63, 1982) Assent date 8 October 1982 Commenced 29 June 1983 (s 2, s 2 Bail Act 1982 (Act No. 57, 1982) and Gaz S19, 29 June 1983) Law Officers Amendment Act (No. 2) 1986 (Act No. 48, 1986) Assent date 10 December 1986 Commenced 19 December 1986 (Gaz S87, 17 December 1986) Parole of Prisoners Amendment Act 1987 (Act No. 52, 1987) Assent date 16 November 1987 Commenced 3 February 1988 (s 2, s 2 Criminal Law (Conditional Release of Offenders) Amendment Act 1987 (Act No. 53, 1987) and Gaz S2, 1 February 1988) Parole of Prisoners Amendment Act 1989 (Act No. 37, 1989) Assent date 20 September 1989 Commenced 1 November 1989 (Gaz G43, 1 November 1989, p 7)

ENDNOTES Parole Act 1971 27 Director of Public Prosecutions (Consequential Amendments) Act 1990 (Act No. 29, 1990) Assent date 11 June 1990 Commenced 21 January 1991 (s 2, s 2 Director of Public Prosecutions Act 1990 (Act No. 35, 1990) and Gaz G2, 16 January 1991, p 9) Statute Law Revision Act 1994 (Act No. 50, 1994) Assent date 20 September 1994 Commenced 20 September 1994 Sentencing (Consequential Amendments) Act 1996 (Act No. 17, 1996) Assent date 19 April 1996 Commenced s 7: 19 April 1996; rem: 1 July 1996 (s 2, s 2 Sentencing Act 1995 (Act No. 39, 1995) and Gaz S15, 13 June 1996) Parole of Prisoners Amendment Act 1997 (Act No. 8, 1997) Assent date 26 March 1997 Commenced 26 March 1997 Parole of Prisoners Amendment Act 2002 (Act No. 13, 2002) Assent date 7 June 2002 Commenced 15 June 2002 (s 2 Criminal Code Amendment (Mental Impairment and Unfitness to be Tried) Act 2002 (Act No. 11, 2002)) Sentencing (Crime of Murder) and Parole Reform Act 2003 (Act No. 3, 2004) Assent date 7 January 2004 Commenced 11 February 2004 (Gaz G6, 11 February 2004, p 2) Statute Law Revision Act (No. 2) 2004 (Act No. 54, 2004) Assent date 15 September 2004 Commenced 27 October 2004 (Gaz G43, 27 October 2004, p 3) Statute Law Revision Act 2005 (Act No. 44, 2005) Assent date 14 December 2005 Commenced 14 December 2005 Justice (Corrections) and Other Legislation Amendment Act 2011 (Act No. 24, 2011) Assent date 31 August 2011 Commenced ss 3, 9 to 11, 15 to 17, 19, 20, 24, 33, 42, schs 1 and 2, sch 4 pt 1 and sch 5: 31 August 2011 (s 2); rem: 27 February 2012 (Gaz S9, 21 February 2012) Statute Law Revision Act 2011 (Act No. 30, 2011) Assent date 31 August 2011 Commenced 21 September 2011 (Gaz G38, 21 September 2011, p 5) Criminal Justice Legislation Amendment Act 2011 (Act No. 32, 2011) Assent date 15 November 2011 Commenced 15 February 2012 (Gaz G7, 15 February 2012, p 6) Health Practitioner (National Uniform Legislation) Implementation Act 2012 (Act No. 17, 2012) Assent date 22 May 2012 Commenced 1 July 2012 (s 2)

ENDNOTES Parole Act 1971 28 Serious Sex Offenders Act 2013 (Act No. 9, 2013) Assent date 3 May 2013 Commenced 1 July 2013 (Gaz G24, 12 June 2013, p 2) Parole of Prisoners Amendment Act 2013 (Act No. 40, 2013) Assent date 19 December 2013 Commenced 15 January 2014 (Gaz G2, 15 January 2014, p 2) Correctional Services (Related and Consequential Amendments) Act 2014 (Act No. 27, 2014) Assent date 4 September 2014 Commenced 9 September 2014 (Gaz S80, 9 September 2014, p 2) Parole Amendment Act 2014 (Act No. 37, 2014) Assent date 13 November 2014 Commenced 13 November 2014 Local Court (Related Amendments) Act 2016 (Act No. 8, 2016) Assent date 6 April 2016 Commenced 1 May 2016 (s 2, s 2 Local Court (Repeals and Related Amendments) Act 2016 (Act No. 9, 2016) and Gaz S34, 29 April 2016) Parole Amendment Act 2016 (Act No. 28, 2016) Assent date 13 July 2016 Commenced 5 August 2016 (Gaz S85, 5 August 2016) Parole Amendment Act 2017 (Act No. 17, 2017) Assent date 30 August 2017 Commenced 13 September 2017 (Gaz G37, 13 September 2017, p 6) Youth Justice Legislation Amendment Act 2017 (Act No. 19, 2017) Assent date 30 October 2017 Commenced 5 January 2018 (Gaz G51, 20 December 2017, p 4) Parole Amendment Act 2021 (Act No. 21, 2021) Assent date 7 October 2021 Commenced 8 October 2021 (s 2) Police Administration Legislation Amendment Act 2025 (Act No. 8, 2025) Assent date 7 April 2025 Commenced 8 April 2025 (s 2) 3 SAVINGS AND TRANSITIONAL PROVISIONS s 5 Parole of Prisoners Ordinance 1976 (Act No. 61, 1976) s 4 Parole of Prisoners Ordinance 1977 (Act No. 36, 1977) s 6 Parole of Prisoners Act 1979 (Act No. 100, 1979) s 6 Parole of Prisoners Amendment Act 1997 (Act No. 8, 1997) pt 5 Sentencing (Crime of Murder) and Parole Reform Act 2003 (Act No. 3, 2004)

ENDNOTES Parole Act 1971 29 4 GENERAL AMENDMENTS General amendments of a formal nature (which are not referred to in the table of amendments to this reprint) are made by the Ordinances Revision Ordinance 1973 (Act No. 87, 1973) (as amended) to the following provisions: ss 3, 5, 6, 7, 8, 9, 10, 12, 14, and 16. 5 GENERAL AMENDMENTS General amendments of a formal nature (which are not referred to in the table of amendments to this reprint) are made by the Interpretation Legislation Amendment Act 2018 (Act No. 22, 2018) to: ss 1, 3, 3AB, 5, 8 and 9. 6 LIST OF AMENDMENTS lt amd No. 91, 1981, s 2; No. 17, 1996, s 6 pt 1 hdg ins No. 24, 2011, s 15 s 1 amd No. 91, 1981, s 2; No. 27, 2014, s 25 s 2 amd No. 91, 1981, s 2 s 3 amd No. 61, 1976, s 6; No. 100, 1979, ss 3 and 5; No. 91, 1981, s 2; No. 3, 2004, s 11; No. 54, 2004, s 7; No. 30, 2011, s 3; No. 24, 2011, ss 12 and 15; No. 27, 2014, s 27; No. 8, 2016, s 45; No. 17, 2017, s 4; No. 21, 2021, s 4 s 3AA ins No. 17, 2017, s 5 s 3AB ins No. 19, 2017, s 38 pt 2 hdg ins No. 24, 2011, s 15 pt 2 div 1 hdg ins No. 24, 2011, s 15 s 3A hdg sub No. 24, 2011, s 15 s 3A ins No. 61, 1976, s 7 amd No. 91, 1981, s 2; No. 30, 2011, s 3 s 3B ins No. 61, 1976, s 7 amd No. 36, 1977, s 8; No. 54, 1978, s 3; No. 91, 1981, s 2; No. 37, 1989, s 4 sub No. 3, 2004, s 12 amd No. 44, 2005, s 22; No. 30, 2011, s 3; No. 17, 2012, s 55; No. 40, 2013, s 4; No. 27, 2014, s 27; No. 8, 2016, s 45; No. 21, 2021, s 5 s 3C ins No. 61, 1976, s 7 amd No. 91, 1981, s 2 sub No. 3, 2004, s 12 amd No. 30, 2011, s 3; No. 40, 2013, s 9 s 3D ins No. 61, 1976, s 7 amd No. 36, 1977, s 5 rep No. 9, 1980, s 6 ins No. 3, 2004, s 12 amd No. 40, 2013, s 9; No. 21, 2021, s 6 s 3E ins No. 61, 1976, s 7 amd No. 36, 1977, s 8; No. 54, 1978, s 3 sub No. 3, 2004, s 12 s 3EA ins No. 3, 2004, s 12 amd No. 40, 2013, s 9; No. 21, 2021, s 7 s 3EB ins No. 3, 2004, s 12 amd No. 30, 2011, s 3 sub No. 40, 2013, s 5 amd No. 27, 2014, s 27; No. 37, 2014, s 3; No. 8, 2016, s 45

ENDNOTES Parole Act 1971 30 s 3F ins No. 61, 1976, s 7 amd No. 91, 1981, s 2; No. 3, 2004, s 13; No. 30, 2011, s 3; No. 40, 2013, s 6; No. 8, 2016, s 45 s 3FA ins No. 40, 2013, s 7 amd No. 27, 2014, s 27 s 3G ins No. 61, 1976, s 7 amd No. 30, 2011, s 3 rep No. 28, 2016, s 4 s 3GA ins No. 3, 2004, s 14 rep No. 28, 2016, s 4 s 3GB ins No. 3, 2004, s 14 amd No. 8, 2016, s 45 rep No. 28, 2016, s 4 s 3H ins No. 61, 1976, s 7 amd No. 36, 1977, s 8; No. 54, 1978, s 3; No. 3, 2004, s 15; No. 30, 2011, s 3 s 3HA ins No. 37, 1989, s 5 amd No. 30, 2011, s 3 s 3J ins No. 61, 1976, s 7 amd No. 30, 2011, s 3; No. 27, 2014, s 27 s 3K ins No. 61, 1976, s 7 amd No. 36, 1977, ss 6 and 8; No. 54, 1978, s 3; No. 30, 2011, s 3; No. 40, 2013, s 8 pt 2 div 2 hdg ins No. 24, 2011, s 15 amd No. 27, 2014, s 27 ss 3L – 3N ins No. 61, 1976, s 7 rep No. 36, 1977, s 7 s 3P hdg sub No. 24, 2011, s 15 s 3P ins No. 61, 1976, s 7 amd No. 36, 1977, s 8; No. 54, 1978, s 3; No. 91, 1981, s 2; No. 54, 2004, s 7; No. 30, 2011, s 3 rep No. 27, 2014, s 26 s 3Q ins No. 61, 1976, s 7 amd No. 30, 2011, s 3 rep No. 27, 2014, s 26 s 3R ins No. 61, 1976, s 7 amd No. 13, 2002, s 3; No. 30, 2011, s 3; No. 9, 2013, s 123; No. 27, 2014, s 27 s 4 sub No. 61, 1976, s 8 amd No. 61, 1978, s 4; No. 91, 1981, s 2; No. 48, 1986, s 9; No. 52, 1987, s 3; No. 29, 1990, s 7 rep No. 17, 1996, s 6 ins No. 24, 2011, s 13 rep No. 27, 2014, s 26 ins No. 28, 2016, s 5 pt 3 hdg ins No. 24, 2011, s 15 s 4A ins No. 61, 1976, s 8 rep No. 17, 1996, s 6 ins No. 28, 2016, s 5 s 4B ins No. 28, 2016, s 5 s 4C ins No. 17, 2017, s 6 s 5 amd No. 61, 1976, s 9; No. 100, 1979, ss 4 and 5; No. 91, 1981, s 2; No. 9, 1982, s 3; No. 48, 1986, s 9; No. 37, 1989, s 6; No. 29, 1990, s 7; No. 50, 1994, s 16 No. 17, 1996, s 6; No. 8, 1997, s 3; No. 3, 2004, s 16; No. 30, 2011, s 3; No. 24, 2011, ss 14 and 15; No. 32, 2011, s 19; No. 9, 2013, s 124; No. 27, 2014, s 27; No. 8, 2016, s 45 sub No. 17, 2017, s 6 ss 5A – 5F ins No. 17, 2017, s 6

ENDNOTES Parole Act 1971 31 s 5G ins No. 17, 2017, s 6 amd No. 8, 2025, s 10 s 6 amd No. 100, 1979, s 5; No. 9, 1982, s 4; No. 37, 1989, s 7; No. 8, 1997, s 4; No. 30, 2011, s 3; No. 24, 2011, s 15; No. 17, 2017, s 7 s 7 amd No. 100, 1979, s 5; No. 30, 2011, s 3; No. 8, 2016, s 45 sub No. 17, 2017, s 8 s 8 amd No. 100, 1979, s 5; No. 63, 1982, s 4; No. 27, 2014, s 27; No. 8, 2016, s 45; No. 17, 2017, s 9 s 9 amd No. 63, 1982, s 5; No. 30, 2011, s 3; No. 8, 2016, s 45 s 10 amd No. 30, 2011, s 3; No. 8, 2016, s 45 s 11 amd No. 91, 1981, s 2; No. 30, 2011, s 3 sub No. 17, 2017, s 10 s 12 amd No. 61, 1976, s 10; No. 61, 1978, s 4; No. 100, 1979, s 5; No. 9, 1981, s 4; No. 9, 1982, s 5; No. 48, 1986, s 9; No. 37, 1989, s 8 rep No. 17, 1996, s 6 s 13 sub No. 61, 1976, s 11 amd No. 30, 2011, s 3 s 13A – 13B ins No. 17, 2017, s 11 s 14 amd No. 100, 1979, s 5; No. 91, 1981, s 2; No. 37, 1989, s 9; No. 8, 1997, s 5; No. 30, 2011, s 3; No. 17, 2017, s 12 s 14A ins No. 17, 2017, s 13 s 15 sub No. 46, 1974, s 3 amd No. 91, 1981, s 2; No. 37, 1989, s 10; No. 30, 2011, s 3; No. 27, 2014, s 27 pt 4 hdg ins No. 24, 2011, s 15 s 16 amd No. 4, 1982, s 3; No. 30, 2011, s 3; No. 24, 2011, s 15 s 17 amd No. 95, 1978, s 14; No. 91, 1981, s 2; No. 30, 2011, s 3 pt 5 hdg ins No. 28, 2016, s 6 ss 18 – 19 ins No. 28, 2016, s 6 pt 6 hdg ins No. 17, 2017, s 14 s 20 ins No. 17, 2017, s 14 pt 7 hdg ins No. 21, 2021, s 8 ss 21 – 22 ins No. 21, 2021, s 8

1 Parole Act 1971

The statute relies on a set of clear technical concepts and inter‑legislative definitions. Core definitions and their operational effect include:

Parole order and parole period: A parole order is a written order under s 5(2); the parole period begins on release and ends on expiry of the underlying sentence or on revocation/cancellation (s 3AA(1)). Important carve‑outs: if the sanctions regime applies, time served in custody as a sanction does not form part of the parole period (s 3AA(2)).
Non‑parole period: Referenced back to the Sentencing Act 1995; the Board may order release after the non‑parole period fixed by the sentencing court (s 5(1)-(2)).
Sanctions, sanctions matrix and sanctions regime: "Sanction" means a period of imprisonment to be served in custody under the sanctions matrix (s 3(1) definitions; s 4C). The Chairperson may publish the sanctions matrix by Gazette (s 4C). A parole order may include a condition that the sanctions regime applies to non‑compliance with parole conditions (s 5A(3)(c)). Where the regime applies, the Chairperson has a graduated range of responses including written warnings, imposition of sanctions under the matrix, or revocation of parole (s 5F(3)). Sanctions cannot extend the original sentence (s 5F(4)); multiple sanctions are capped so the total is no greater than the longest individual sanction applicable (s 5F(5)).
Supervision and monitoring: It is mandatory that every parolee be supervised by a probation and parole officer and comply with reasonable directions (s 5A(1)). Monitoring can include compulsory wearing of an approved monitoring device and giving a voice sample (s 5A(3); cross‑references to Correctional Services Act 2014 and Youth Justice Act 2005 for definitions).
Board composition and decision rules: The Board must have 18 members, of prescribed categories (s 3B). For decisions about prisoners serving life for murder the Board sits with the Chairperson, Commissioner of Correctional Services and eight other members including a police member, a health/psychology professional and victim‑representative (s 3EB(1)). For other prisoners the Board sits with the Chairperson, Commissioner and four other nominated members (s 3EB(2)). Quorum and voting rules vary by subject matter; unanimity is required for parole of life murder prisoners (s 3F(4)-(5)).
Exclusion of natural justice and immunities: Section 3HA excludes natural justice rules "subject to this Act" for decisions or actions of the Chairperson or directions of the Board. Section 3J provides civil and criminal immunity for Board members and probation and parole officers for acts done in good faith within their capacities.
Youth detainees: The Act applies to youth detainees with tailored substitutions for terminology and references to different agencies and statutes (s 3AB). Notably, monitoring orders are not available to youth unless the youth was found guilty by the Supreme Court (s 5A(3)(b)).
Interaction with other laws and prerogatives: The Act expressly does not affect the Royal prerogative of mercy nor operation of other Commonwealth or Territory laws relating to release of offenders (s 16). The Act also acknowledges that other legislation (for example the Serious Sex Offenders Act 2013) may limit when parole may be made (note to s 5).

These definitions shape the incentives and operational responsibilities. For example, making the sanctions matrix a Gazette instrument (s 4C) creates a public, administrative rule for sanctions but does not itself prescribe consultation processes. Giving statutory immunity for Board members and excluding natural justice (ss 3J, 3HA) shifts legal risk away from individual decision‑makers and changes the legal environment for administrative review. Making the Commissioner of Correctional Services a Board member (s 3B(1)(b)) and allowing police nominees (s 3B(1)(c)) embeds operational agencies within decision‑making.

The Act affects particular, identifiable groups and public agencies by creating duties, rights to be heard in limited circumstances, and enforcement pathways. Primary affected parties:

Offenders/prisoners/youth detainees: The Act directly governs the release on parole of persons serving sentences after a non‑parole period (s 5). Conditions of parole are statutory (s 5A). Where the sanctions regime is applied as a condition of parole, parolees must be given the sanctions matrix and formally acknowledge understanding (s 5E). If sanctions are imposed, the parolee may be arrested and remanded to serve prescribed periods of imprisonment as part of their original sentence (s 5F(7)-(8), s 11).
Victims and victim families: The Board may invite victims’ family members to make submissions in parole matters for life murder prisoners (s 4B(2)). The Act requires the Board to give substantial weight to the likely effect of release on victims’ families in those cases (s 4B(3)(b)).
Indigenous communities: For Aboriginal and Torres Strait Islander prisoners who identify with a particular community and are serving life for murder, the Board may invite representatives of that community to make submissions and must consider effects on that community (s 4B(2)-(3)(c)).
Commissioner of Correctional Services and corrections agencies: The Commissioner is a statutory member of the Board (s 3B(1)(b)). The Commissioner is responsible for custody when warrants are issued (ss 7, 11). Probation and parole officers, who are employees under the Correctional Services Act 2014, are given supervision, reporting, investigation and record‑keeping functions under s 3R and are the operational link for sanctions (s 5F(2)).
Police and the Director of Public Prosecutions: Police have powers to arrest parolees without warrant in the Territory in certain circumstances and with a warrant interstate (s 5G(2)-(3)). The DPP may apply for such a warrant (s 5G(3)). The Commissioner of Police nominates two police members to the Board (s 3B(1)(c)).
Legal profession and prosecutors: Lawyers are affected as Board members (one lawyer with 10 years’ admission is the Chairperson, s 3B(1)(a), s 3C) and via the appeal mechanism in cancellation cases (s 10). Courts are engaged for cancellation, commitment warrants, bail and appeals (ss 6-11).
Government and taxpayers: The Administrator and Minister are decision makers for appointments and oversight (ss 3B(1A), 3D, 3K, 3H). Costs borne by public agencies include Board administration (secretary, meetings, reporting, s 3K, 3H), supervision services (probation and parole officers), monitoring technology and custodial costs where sanctions or revocations result in custody (ss 5A(3), 5F(8), 7, 11). The Act does not specify budget lines; it situates operational responsibility with the Commissioner and Minister.

Effects on private actors and businesses are limited but present. Providers of electronic monitoring equipment and services may be affected where the Board imposes monitoring (s 5A(3)); those devices are defined as approved monitoring devices under other statutes (see s 3 and cross‑references to the Correctional Services Act 2014 and Youth Justice Act 2005). Defence counsel and NGOs representing detainees will engage with the Board’s procedures and with the requirement that certain decisions or actions are exempt from natural justice (s 3HA). The Act does not itself create licensing or procurement regimes for monitoring services, but it does create demand conditional on the Board’s use of monitoring conditions (s 5A(3)).

Those who make submissions or participate in Board processes (victims, community representatives) have procedural access only where the Act explicitly provides it (s 4B). The Act does not create a general right of third parties to participate in parole hearings for non‑murder life sentences absent Chairperson direction.

The Act sets out statutory duties for public actors and enforceable conditions attaching to parolees. It also creates constrained rights to appeal and procedural protections in some circumstances. Principal duties and rights:

Duties on the Board, Chairperson and Secretary

Constitution and procedure: The Chairperson presides and fixes meeting times; the Board must meet as often as the Chairperson thinks necessary (s 3F(1)-(3)). The Secretary must prepare agendas, record minutes and prepare parole orders (s 3K).
Annual reporting: The Board must prepare a report after each 31 December and give it to the Minister; the Minister must table the report within 10 sitting days (s 3H).

Duties on probation and parole officers

Supervision, reporting and records: Probation and parole officers must supervise parolees as assigned, prepare reports for the Board, maintain case records and statistics, investigate employment and accommodation available to parole applicants, and carry out Board directions (s 3R). Where the sanctions regime applies, an officer who believes, on reasonable grounds, that non‑compliance has occurred must give a written report to the Chairperson as soon as practicable (s 5F(2)).
Explanation and acknowledgement: When the sanctions regime applies to a parolee, an officer must give the parolee a copy of the sanctions matrix, explain the consequences of non‑compliance, and obtain the parolee’s acknowledgment (s 5E(2)-(3)).

Duties and powers of the Chairperson and Board in parole orders

Making parole orders: The Board may release a prisoner on parole after expiration of the non‑parole period fixed by the sentencing court (s 5(2)). A parole order is authority for release (s 5(3)).
Conditions: It is a condition of parole that the parolee be supervised and comply with reasonable directions of the supervising officer (s 5A(1)-(2)). Conditions may specify residence, monitoring and application of the sanctions regime (s 5A(3)(a)-(c)). Monitoring may include wearing approved devices and giving voice samples (s 5A(3)(a)-(b)).
Amendment and revocation: The Chairperson may vary conditions (except the supervision requirement) or impose additional conditions, including adding the sanctions regime, and may revoke a parole order at any time before expiry (s 5B(1)). Notice is required before variations take effect (s 5B(2)).
Sanctions: If the Chairperson is satisfied a breach has occurred under the sanctions regime, they may issue a warning, impose a sanction under the matrix, revoke parole or take no action (s 5F(3)). If a sanction is imposed the Chairperson must issue a written order specifying the non‑compliance and sanction; that order authorises arrest and court commitment (s 5F(6)-(7)).

Rights and litigation pathways

Appeal from cancellation: If the Local Court cancels a parole order under s 6, the parolee may appeal to the Supreme Court, which must rehear the matter and either confirm cancellation or order that the cancellation and any warrants cease to have effect (s 10). The appeal is by way of re‑hearing but the Supreme Court may consider evidence given before the Local Court (s 10(2)).
Court discretion in cancellation: The Local Court may cancel a parole order in specified circumstances if satisfied the parolee failed, without reasonable excuse, to comply with a condition (s 6(1)-(2)).
No express general statutory appeal: The Act does not create an express statutory right of appeal against most Board decisions; the explicit appeal provision concerns cancellation by a court (s 10). The Act also contains an exclusion of natural justice for Chairperson/Board decisions subject to the Act (s 3HA).

Immunities and limits

Immunity for actions in good faith: Section 3J prevents civil or criminal action against Board members and probation and parole officers for acts done in good faith in their official capacity; the Act defines "good faith" as acts not actuated by ill‑will or other improper motive (s 3J(1)-(2)).
Limits on penal escalation: A sanction imposed under the sanctions matrix must not extend the original sentence of imprisonment (s 5F(4)). When multiple sanctions are applied, the total cannot exceed the longest individual sanction (s 5F(5)).

Other procedural duties

For life murder parole: The Board must give reasons for decisions and record them in its minutes (s 4B(8)), and must have regard to public interest and community effects (s 4B(3)).
Custodial consequences: When a parole order is revoked or parolee is committed to serve a sanction, time in custody counts against the remainder of the sentence (s 11(2)-(3)), but if the parole order is later revoked/cancelled the calculation of time served differs (s 13B).

These statutory duties create operational obligations for Corrections (probation and parole officers and Commissioner), for police in arresting and returning parolees, and for courts in deciding cancellation and issuing warrants. Parolees’ rights centre on supervision, notice of changes, receiving the sanctions matrix where relevant and a right to appeal cancellations to the Supreme Court.

The Act combines administrative sanctions administered by the Chairperson with court enforcement and criminal procedure powers for arrest and remand. The enforcement architecture comprises:

Sanctions under the sanctions matrix

Administrative imposition by Chairperson: Where a parole order includes the sanctions regime as a condition, the Chairperson may impose a sanction from the sanctions matrix for non‑compliance (s 5F(3)(b)). The Chairperson must record the sanction in a written order specifying the non‑compliance (s 5F(6)).
Arrest and Local Court commitment: The Chairperson’s written order is authority for police arrest; if the Local Court is satisfied the Chairperson has imposed a sanction, it must issue a warrant of commitment into Commissioner custody for the period specified to be served as part of the original sentence (s 5F(7)-(8)). The warrant backdates custody to include time in custody between arrest and transfer into Commissioner custody (s 11(3)-(4)).

Revocation and cancellation

Revocation by Chairperson: The Chairperson may revoke a parole order at any time before expiry (s 5B(1)(b)). For offences or breaches occurring during the parole period, the Chairperson may revoke even after parole period expiry if the Chairperson was unaware of the relevant matter before expiry (s 5C(2)-(4)). Where a parolee commits an offence while on parole and is sentenced to imprisonment, the parole order is taken to have been revoked at the time of sentencing (s 5D(2)).
Cancellation by court: Police may arrest under s 5G and bring a person before the Local Court, which may cancel a parole order in its absolute discretion, subject to being satisfied the person failed without reasonable excuse to comply with a parole condition (s 6(1)-(2)). Where the court cancels after parole period expiry, the order is deemed cancelled immediately before expiry (s 6(3)).

Arrest powers and warrants

Arrest in Territory without warrant: Police may arrest a parolee in the Territory without a warrant where a parole order has been revoked, an alleged breach occurred, or there are reasonable grounds to suspect breach (s 5G(1)-(2)(a)). The Local Court must be informed as soon as practicable (s 5G(4)).
Interstate arrest with warrant: If parolee is suspected to be in another State/Territory, a court may issue a warrant on DPP application enabling arrest (s 5G(2)(b)-(3)).

Limits on sanctions and custodial impact

Sanctions do not extend sentence: A sanction under the sanctions matrix must not have the effect of extending the term of imprisonment imposed at sentence (s 5F(4)). Multiple sanctions combined cannot exceed the single longest applicable sanction (s 5F(5)).
Effect on parole credit and sentence calculation: The Act preserves community time credit unless parole is revoked or cancelled; where a parole order is revoked/cancelled, only time actually spent in custody is taken when calculating remaining sentence (s 13B(2)-(3)). Where the sanctions regime applies, time served by way of sanction does not form part of the parole period (s 3AA(2)).

Procedural safeguards and appeal

Appeal on cancellation: If the Local Court cancels parole under s 6, the parolee may appeal to the Supreme Court which must rehear the matter (s 10). If the Supreme Court is not satisfied the ground for cancellation is established it must order the cancellation and warrants cease to have effect (s 10(1)-(2)).
Bail after warrant: Where a warrant has been issued following revocation/cancellation and an appeal is instituted, the Local Court may grant bail under the Bail Act 1982 (s 9(1)); certain conditions apply to execution of warrants while an appeal proceeds (s 9(3)).

Administrative immunities and exclusion of natural justice

Immunity for decision‑makers: Section 3J immunises Board members and probation and parole officers from action for acts done in good faith in their official capacities. That reduces the private enforcement risk for administrative actors.
Exclusion of natural justice: Section 3HA states that, subject to the Act, the rules of natural justice do not apply to or in relation to a decision or action of the Chairperson or direction of the Board under the Act. That exclusion narrows procedural constraints on decision‑makers, though statutory appeal and court roles remain intact in specific contexts (for cancellation and warrants).

In short, enforcement mixes executive administrative sanctions (sanctions matrix and Chairperson decisions) with judicial safeguards (Local Court cancellation and Supreme Court appeal of cancellation). Arrest and commitment mechanisms convert administrative sanctioning into custodial service recognised as part of the original sentence, subject to statutory caps and recording requirements.

The Act is framed to operate alongside and reference other Territory statutes and Commonwealth law. It both relies on, and is constrained by, cross‑references:

Sentencing Act 1995: The Board’s power to release on parole applies in relation to offences for which a non‑parole period has been fixed under the Sentencing Act 1995 (s 5(1)). The definition of non‑parole period is by reference to s 3(1) of the Sentencing Act 1995 (s 3 definitions).
Correctional Services Act 2014: The Act cross‑references the Correctional Services Act for definitions such as "custodial correctional facility", "prisoner" and "probation and parole officer" and for "approved monitoring device" (s 3 definitions; s 5A(3)(a) cross‑refers to s 165 of the Correctional Services Act 2014). Operationally this means that device approval, custodial arrangements and staffing will be governed in large part by the Correctional Services Act.
Youth Justice Act 2005: The Act expressly applies to youth detainees with substitutional references to Youth Justice Act definitions and to the CEO (Youth Justice) in lieu of the Commissioner for non‑Part 2 matters (s 3AB). Monitoring of youth is restricted (no monitoring for youth unless convicted in Supreme Court, s 5A(3)(b)), and approved monitoring device references are to s 5(1) of the Youth Justice Act 2005 (s 3AB).
Serious Sex Offenders Act 2013 and other statutes: The Act contains an express note that other laws may specify circumstances in which parole cannot be made, and cites the Serious Sex Offenders Act 2013 as an example (note to s 5). Section 16 confirms the Act does not affect the operation of Commonwealth laws or other Territory laws relating to the release of offenders.
Police Administration Act 1978 and Bail Act 1982: The Act aligns with police powers and bail procedures. It notes s 126AB of the Police Administration Act 1978 as conferring entry powers to arrest parolees under certain circumstances (note to s 5G). Bail for persons where a warrant has issued and an appeal is instituted is governed by the Bail Act 1982 (s 9(1)).
Royal prerogative of mercy: The Act expressly preserves the Crown prerogative of mercy (s 16).
Administrative law and judicial review: The Act excludes natural justice for Board/Chairperson decisions "subject to this Act" (s 3HA). The Act creates an express appeal route only for cancellation by Local Court (s 10). It does not itself address the availability of judicial review to the Supreme Court for other Board actions; the text is silent on removal of judicial review but narrows procedural fairness in relation to Board/Chairperson actions. Users should be aware of interaction with general administrative law doctrines and other procedural statutes, but those regimes are external to the Act text.

Transitional provisions and amendments are integrated into the statute with Parts 5-7 setting out commencement and application of recent amendments (for example Parole Amendment Acts 2016, 2017 and 2021 in Pt 5-7). The Act’s definitions intentionally incorporate other instruments (Correctional Services Act 2014, Youth Justice Act 2005), which means that changes to those statutes will materially affect how monitoring, custody and probation functions operate under the Parole Act.

Finally, the Act tasks the Administrator with regulation‑making powers (s 17), thereby enabling future subordinate‑law interaction across the corrections and policing framework.

The Act has an extensive amendment record, reflected in the reprint endnotes. Key legislative stages and recent amendments include:

Foundational and early amendments: The original Parole of Prisoners Ordinances and early acts in the 1970s and 1980s established the statutory parole regime (Parole of Prisoners Ordinance 1971; Parole of Prisoners Ordinance 1974; multiple amendments throughout the 1970s and 1980s). The reprint records multiple amendment acts through the 1980s and 1990s (Endnotes: list of legislation).
1990s to 2000s adjustments: Amendments to align with the Sentencing Act and other sentencing reforms occurred in the 1990s (Sentencing (Consequential Amendments) Act 1996). The Sentencing (Crime of Murder) and Parole Reform Act 2003 and later 2004 amendments altered parole relating to murder offences and life sentences (Endnotes list).
Recent structural and procedural changes: The Justice (Corrections) and Other Legislation Amendment Act 2011, and the Criminal Justice Legislation Amendment Act 2011 made substantive updates to corrections and parole machinery (Endnotes and list of amendments). The Correctional Services (Related and Consequential Amendments) Act 2014 and Parole Amendment Acts of 2014, 2016, 2017, and 2021 made further changes to Board constitution, sanctions and procedural provisions.
Sanctions matrix and sanctions regime: The sanctions matrix mechanism was inserted by the Parole Amendment Act 2017 (s 4C inserted by No. 17, 2017, s 6). Sections 5A-5F, 5G and related provisions concerning the sanctions regime and police powers were inserted or amended by the Parole Amendment Act 2017 (ss 5A-5G ins No. 17, 2017, s 6).
Board membership adjustments: The Parole Amendment Act 2021 changed the membership of the Board such that the member under s 3B(1)(a) goes out of office on commencement and other transitional arrangements (Pt 7, ss 21-22). The amendments and the transitional provisions take care to preserve continuity of matters before the Board (s 22(2)).
Most recent technical changes: The Police Administration Legislation Amendment Act 2025 is listed in the Endnotes as assented in April 2025 and commenced 8 April 2025. That Act amends s 5G and other provisions (s 5G is noted as amended by No. 8, 2025, s 10 in the list of amendments).

The reprint’s "List of Amendments" (Endnotes 2 and 6) records each amending instrument and the sections altered. The statutory record shows repeated legislative attention to parole structure, Board composition, the integration of corrections and policing functions, youth justice adjustments, and the addition of an explicit administrative sanctions regime in 2017. Transitional provisions in Parts 5-7 set out commencement timing and application to parole orders made before amendments, which is significant for questions of retrospective effect and continuity.

Practitioners should read the Endnotes’ List of Amendments when advising on transitional questions, because the Act includes explicit transitional clauses that preserve or limit application of new rules to existing parole orders (see Pt 5 s 19, Pt 6 s 20, Pt 7 s 22).

The statute text and endnotes supplied do not record judicial decisions interpreting the Parole Act 1971. The Act itself names no cases and the reprint’s endnotes contain only legislative history and amendments, not case law. Therefore, within the source provided there is no litigation history to summarise.

That absence of reported decisions in the text supplied does not mean there has been no litigation in the courts about the Act’s operation. From the Act’s content, the predictable litigation nodes would include:

Appeals under s 10 from Local Court cancellations to the Supreme Court. The Act gives an express avenue for rehearing an order cancelling parole.
Challenges based on jurisdictional error or judicial review may be possible where the Act excludes natural justice (s 3HA) but does not expressly remove access to the Supreme Court for judicial review; the Act is silent about removal of prerogative writs. Legal arguments about whether s 3HA validly ousts the rules of procedural fairness in particular contexts could be litigated, but the Act itself does not address the availability of judicial review or certiorari.
Disputes about the application of the sanctions matrix and the proper process for imposing sanctions could give rise to litigation, particularly where a written order under s 5F(6) leads to custody under s 5F(8) and where statutory protections about sentence calculation (ss 5F(4), 11, 13B) affect credit for time served.
Interactions with other legislation (for example the Serious Sex Offenders Act 2013) could prompt litigation about which statutory regime controls in a particular matter; s 5’s note warns of other laws potentially barring parole.

Because the source text does not supply case law, readers requiring authoritative judicial interpretation will need to search NT court databases and law reports for decisions addressing the Act’s provisions, particularly cases construing s 3HA (exclusion of natural justice), the sanctions regime (s 5F), revocation and cancellation procedures (ss 5B, 5C, 6, 7), and the Board’s duties when considering life‑for‑murder parole (s 4B).

The Act contains several technical features and drafting results that produce practical pitfalls for practitioners and administrators. Notable "gotchas" grounded in the text:

Exclusion of natural justice is broad but qualified
- Section 3HA provides that, subject to the Act, the rules of natural justice do not apply to or in relation to a decision or action of the Chairperson or direction of the Board. That is a broad statutory statement narrowing procedural fairness for many Board actions, but it says "subject to this Act" which leaves intact any specific procedural protections the Act itself creates (for example the requirement to give reasons and record proceedings in s 4B(8) for life murder parole matters). Practitioners should identify where the Act itself creates process and where it does not. The Act gives an express appeal only for cancellations (s 10), not for many other Board determinations.
Sanctions may lead to custody without extending sentence, but with collateral effects
- Sanctions imposed under the sanctions matrix cannot extend the original sentence (s 5F(4)). However, when a parolee serves a sanction in custody, s 3AA(2) provides that time spent in custody serving a sanction does not form part of the parole period, and s 13B(3) provides that if the parole order is later revoked or cancelled, only time actually spent in custody is counted. In combination, these provisions can reduce the amount of community "credit" a parolee effectively enjoys if subsequent revocation occurs , a material practical consequence for sentence calculation.
Chairperson centrality and Gazette‑made sanctions matrix
- The Chairperson can determine the sanctions matrix by Gazette notice (s 4C) and may amend parole orders and add the sanctions regime condition (s 5B(1)(a)(ii)). The Act does not prescribe consultation obligations before the sanctions matrix is gazetted. Practitioners and stakeholders should note the ease with which conditions and sanctions can be altered administratively.
Board composition embeds operational agency voices
- The Commissioner of Correctional Services is a voting member (s 3B(1)(b)), and two police officers are nominated to the Board (s 3B(1)(c)). Where custodial and policing functions have votes on the Board, operational priorities can be reflected in Board decision‑making. The Act allows the Commissioner to appoint a proxy when unable to attend, but that proxy cannot be another member of the Board (s 3FA).
Parole decision timing and retroactive revocation rules
- The Chairperson can revoke a parole order after the parole period has expired where the parolee was found guilty or otherwise; but s 5C(3) prohibits revocation under s 5C(2) if, before the expiry, the Chairperson was aware of the relevant matter. Practitioners must ensure timely disclosure of material matters to avoid later administrative revocation.
Youth monitoring exception
- Monitoring conditions are not available to youth detainees unless the youth was found guilty by the Supreme Court (s 5A(3)(b) in conjunction with s 3AB). Advisers for youth must check whether the youth meets that threshold before expecting monitoring to be imposed.
Limited explicit appeal routes
- Apart from s 10 (appeal to the Supreme Court against cancellation), the Act contains no general express statutory appeal for other Board decisions such as refusal of parole, imposition of conditions (absent addition of the sanctions regime and its consequences), or ordering monitoring. That limited statutory appeal route may place emphasis on internal procedures or judicial review, but the Act’s s 3HA exclusion complicates procedural fairness arguments.
Interaction traps with other statutes
- The Act expressly preserves other laws that limit parole (note to s 5; s 16). Legal advisers must check whether other Territory or Commonwealth laws (for example serious offender regimes) prevent parole in any particular case.

These are not judgments about the policy’s merits. They are concrete risks and operational consequences that arise from the Act’s text and that advisers should consider when counselling prisoners, victims, corrections administrators, or police.

Compliance obligations fall on several actors: the Board/Chairperson/Secretary, probation and parole officers, the Commissioner, police, parolees and their legal representatives. Practical steps mapped to statutory provisions:

For parolees and defence counsel

Understand and record conditions: When a parole order is made, verify the written order and all specified conditions (s 5(2), s 5A(2)). If the sanctions regime is a condition, ensure the parolee receives and acknowledges a copy of the sanctions matrix before release (s 5E(2)-(3)). Where amended conditions are imposed before expiry, ensure notice is given before the variation takes effect (s 5B(2)).
Seek clarification on monitoring: If monitoring is proposed, ascertain the legal basis and scope: what approved device, installation obligations, voice sample requirements and tamper obligations apply (s 5A(3)(a)-(b)). For youth clients, check the Supreme Court threshold for monitoring (s 5A(3)(b), s 3AB).
Preserve appeal rights for cancellation: If the Local Court cancels parole (s 6), be aware of the right of appeal to the Supreme Court by way of re‑hearing (s 10). Apply for bail where a warrant exists and an appeal is instituted (s 9(1)).

For probation and parole officers and Corrections administrators

Provide required documentation and explanations: Where the sanctions regime applies, deliver a copy of the sanctions matrix and explain consequences to the prisoner before release (s 5E(2)). Document the parolee’s acknowledgment (s 5E(2)(c)).
Report instances of non‑compliance promptly: If you reasonably believe a breach has occurred, give a written report to the Chairperson as soon as practicable (s 5F(2)). Maintain the case records and statistics the Board requires (s 3R).
Follow directions and record minutes: The Secretary must prepare agendas and minutes (s 3K); ensure Board meeting processes meet the Act’s composition, quorum and voting rules (s 3F, s 3EB). Record reasons where required by the Act (for life murder cases, s 4B(8)).

For the Chairperson and Board

Publish sanctions matrix and ensure accessibility: The Chairperson may determine the sanctions matrix by Gazette (s 4C). When it becomes a condition of parole, the Board must ensure parolees receive a copy and understand it (s 5E). Maintain accurate written orders when imposing sanctions (s 5F(6)).
Ensure correct Board constitution and quorums: For life murder cases apply the larger constitution and unanimity requirement (s 3EB(1), s 3F(4)-(5)(b)). For other parole matters apply the constitution in s 3EB(2). Keep records of proceedings (s 3F(7)).
Observe statutory limits on sanctions: Ensure imposed sanctions do not extend the original sentence and that multiple sanctions are capped (s 5F(4)-(5)). When imposing a sanction, issue the required written order to enable lawful arrest and Local Court action (s 5F(6)-(7)).

For police and the DPP

Arrest and warrant procedures: Be ready to arrest in Territory without warrant in prescribed circumstances (s 5G(2)(a)). For interstate arrests, secure a Local Court warrant on DPP application (s 5G(2)(b)-(3)). Bring arrested persons before the Local Court as soon as practicable (s 5G(4)).
Coordinate with courts on cancellation and commitment: Where the Chairperson’s order triggers a Local Court warrant of commitment, ensure the court’s requirements for satisfaction are met (s 5F(8), s 7).

For Ministers, the Administrator and policy makers

Follow appointment and reporting obligations: Ensure appointments are made in writing and within terms (s 3B, s 3D); the Board’s annual report must be tabled (s 3H).
Consider regulatory instruments and cross‑statute coordination: Use regulation‑making powers (s 17) and coordinate with Correctional Services Act 2014, Youth Justice Act 2005, and Sentencing Act 1995 to maintain statutory coherence, particularly where monitoring devices, custody definitions and device approvals are administered under other Acts.

Operational implementation risks to address

Documentation and notice: To avoid procedural disputes, keep contemporaneous records of notices served to parolees when conditions are amended (s 5B(2)) and when sanctions matrices are provided (s 5E).
Timing and awareness for revocation: Under s 5C(3), the Chairperson cannot revoke after expiry where they were aware of the relevant matter before expiry; be timely in reporting material events to avoid unintended revocation bar.
Interface with other laws: Before imposing parole or monitoring conditions check whether other statutes preclude parole or constrain particular measures (note to s 5; s 16).

These steps are procedural and operationally specific to the Act’s mandates. They are intended to minimise legal risk, ensure statutory compliance and to provide the documentation or evidence necessary, particularly where custody is a possible consequence of administrative action.

Parole Act 1971

Plain English Summary

Deep Dive

What it does

Current sections

Parole Act 1971

Source text: opening excerpt

1 Parole Act 1971

Main concepts

Who it affects

Key duties and rights

Penalties and enforcement

How it interacts with other laws

Amendment history

Litigation history

Gotchas

How to comply