Parole Orders (Transfer) Act 1981

Parole order is defined broadly to include not only formal parole orders under the Territory’s Parole Act 1971 or an interstate counterpart, but also any authority deemed to be a parole order under such a law, and any variation of such an order. This captures alternative release mechanisms that function like parole. Corresponding law means a law of a State or another Territory relating to the transfer of parole orders that the Minister declares by Gazette notice to be a corresponding law for the purposes of this Act. This declaration power gives the Minister discretion to determine which interstate regimes are sufficiently compatible. Designated authority refers to the person or body in a State or other Territory with powers under its corresponding law that correspond to the Minister’s powers under section 5. The Act does not name these bodies; they are defined by reference to the declared laws. Registrar is the Registrar of Transferred Parole Orders, appointed by the Minister under section 4. The Registrar performs the mechanical acts of endorsement, record-keeping, forwarding documents, and giving notice. Registration is the formal process under section 8: the Registrar endorses a memorandum on the parole order and keeps it in a register along with the underlying judgment or detention authority. Registration activates the application of Northern Territory law to the order and the parolee (section 9). Effect of registration is described in section 9: while a parole order is registered, the laws of the Territory apply to it and to the person. For an out-of-state parole order, the Act deems each sentence of imprisonment as if imposed by the appropriate Territory court (the Local Court for summary matters, the Supreme Court for others), as if periods served were served under that Territory sentence, and as if the parole order was made under Territory law. Revival is a concept under section 10: if a Territory parole order is transferred out and later re-registered in the Territory, its force and the underlying sentences revive and continue while registered. The Act also provides for cessation under section 10: upon registration under a corresponding law, the Territory parole order ceases to be in force, any earlier Territory registration ceases, and each underlying sentence ceases to have effect in the Territory. The exclusion of natural justice in section 10A removes any duty of procedural fairness from the Minister’s directions, requests, or decisions under the Act, which means the Minister is not required to give the parolee a hearing or reasons.

The primary person affected is the parolee whose parole order is the subject of a transfer. The Act contemplates both incoming parolees (those subject to an out-of-state order who reside in the Territory or consent to registration here) and outgoing parolees (those subject to a Territory order who reside in another jurisdiction or consent to transfer there). The parolee’s rights are limited: although section 7 requires consent or residence before registration can occur, the Minister’s decision to initiate or accept a transfer is not subject to natural justice (section 10A), so the parolee has no right to be heard on the merits of the transfer, nor to receive reasons. The Parole Board of the Northern Territory is affected because when an out-of-state parole order is registered, the Board receives a copy and presumably assumes supervision and revocation functions under Territory law (section 8(2)(a)). The Minister (the NT Minister administering the Act) holds the discretionary power to direct registration of incoming orders and to request registration of outgoing orders, and to declare corresponding laws. The Minister may delegate these powers to a Chief Executive Officer or employee under the Public Sector Employment and Management Act 1993 (section 12). The Registrar is responsible for the administrative tasks of registration, record-keeping, forwarding documents to the Parole Board, and giving notice. Designated authorities in other States and Territories are the reciprocal bodies that make requests to the NT Minister, receive requests from the NT Minister, and process registrations under their own corresponding laws. Courts are indirectly affected: the Local Court and the Supreme Court are deemed to be the courts that imposed the sentences when an out-of-state parole order is registered (section 9(3)). This fictional attribution has implications for any subsequent proceedings, such as applications for variation or revocation. Correctional services and detention facilities are affected because a breach of parole following registration may lead to imprisonment under the Correctional Services Act 2014 or the Youth Justice Act 2005, as referenced in the definition of “sentence of imprisonment”. Finally, any person or body that the Minister delegates powers to will be involved in day-to-day administration.

The Act imposes duties primarily on the Minister, the Registrar, and (implicitly) designated authorities. The Minister’s duties include: before directing registration of an incoming parole order, being satisfied that registration is desirable having regard to the interests of the parolee, and that the parolee has either consented or is residing in the Territory (section 7(1)). Before requesting registration of an outgoing parole order, the Minister must be similarly satisfied that it is desirable in the parolee’s interests, and that the parolee has consented or there are reasonable grounds to believe they reside in the requesting State or Territory (section 7(2)). The Minister must also cause the documents listed in section 6 to be sent to the designated authority when making an outgoing request. The Minister has a duty to appoint a Registrar under section 4. The Registrar’s duties are set out in section 8: when directed, the Registrar must register the parole order by endorsing a memorandum and keeping the endorsed order in a register together with the judgment or detention authority. After registration, the Registrar must forward copies to the Chairman of the Parole Board, and cause notice of the registration to be given to the requesting designated authority and served personally on the parolee. The rights of the parolee are minimal. The parolee has a statutory right not to be subject to a transfer without their consent unless they reside in the receiving jurisdiction. This is a conditional protection: if the parolee refuses consent but is not residing in the other jurisdiction, the transfer cannot occur. However, if they do reside there, the Minister may proceed without consent. The parolee also has the right to receive personal notice of registration of an incoming order (section 8(2)(b)). Critically, the parolee has no right to procedural fairness in respect of the Minister’s decisions under the Act, as section 10A explicitly excludes the rules of natural justice. This means the Minister may make transfer decisions without giving the parolee an opportunity to be heard, without disclosing adverse material, and without providing reasons. The parolee’s substantive rights regarding parole conditions, breach, and revocation are then governed by the law of the supervising jurisdiction after transfer. Designated authorities have the right to make requests under section 5(1) and the duty to provide the information and documents referred to in section 6 when making a request (though the Act does not explicitly impose duties on them, as it is NT legislation; the corresponding law of the other jurisdiction presumably imposes reciprocal duties).

The Act does not itself create criminal penalties for breach of parole; those are found in the Parole Act 1971 (NT) or the corresponding law of the supervising jurisdiction. However, section 9(4) provides the enforcement consequence if a parole order registered under this Act is revoked, cancelled, or deemed revoked under a law of the Territory: the person to whom the parole order related becomes liable to serve a period of imprisonment equal to the period for which they were liable on the date they were released on parole under the order. This calculation uses the unexpired sentence balance at the time of release, not a reduced amount reflecting time spent on parole. This has significant practical implications: a parolee who breaches conditions after transfer to the NT could be returned to custody for the full original unexpired term, regardless of compliant behaviour on parole prior to the breach. The Act does not specify who enforces this liability, but presumably correctional authorities and the Parole Board act under the Correctional Services Act 2014 and the Parole Act 1971. The effect of registration under section 9(1) means that all Territory laws relating to parole, including penalties for breach, apply to the registered order. There are no monetary penalties, infringement notices, or fines in this Act. The primary enforcement mechanism is the potential loss of liberty upon revocation. The evidential provisions in section 11 assist enforcement: a copy of the Registrar’s memorandum is prima facie evidence of registration, and a copy of a registered parole order certified by the Registrar is prima facie evidence of its contents, which can be tendered in any court of competent jurisdiction without further proof. This removes the need to produce original documents from the originating jurisdiction. The Act also provides for delegation of the Minister’s powers under section 12, which allows the Minister to authorise a Chief Executive Officer or employee to make decisions on their behalf. This means the enforcement and administrative functions are not centralised in the Minister personally.

The Act operates as a bridge between the parole laws of the Northern Territory and those of other Australian jurisdictions. It expressly relies on the Parole Act 1971 (NT) for the definition of “Parole Board” and for the concept of a parole order in force under Territory law. It implicitly interacts with that Act when a registered parole order is supervised or revoked under Territory law. The definition of sentence of imprisonment in section 3 was amended in 2014 to reference the Correctional Services Act 2014 and the Youth Justice Act 2005, which means the Act applies to parole orders involving both adult and youth detention facilities. The Local Court Act and the Supreme Court Act are relevant through section 9(3), which deems the appropriate court for sentencing purposes: the Local Court for summary offences and the Supreme Court for indictable offences. The Sentencing Act 1995 may also be relevant when determining the original sentence, but it is not directly referenced in the operative provisions. The Act expressly contemplates the existence of corresponding laws in other States and Territories. The Minister’s declaration power under the definition of “corresponding law” means the Act only operates reciprocally with jurisdictions that have enacted sufficiently similar transfer legislation and that the Minister has recognised. This creates dependences: if a State repeals or amends its corresponding law, the Minister must either revoke the declaration or the Act ceases to operate with that jurisdiction. The Interpretation Legislation Amendment Act 2018 made general formal amendments to sections 1, 3, and 12, but those are technical and do not alter the substance. The exclusion of natural justice in section 10A interacts with the common law duty of procedural fairness and any other NT legislation that might otherwise imply such a duty. By expressly excluding it, the Act ensures that the Minister’s transfer decisions are not subject to judicial review on procedural fairness grounds, though other grounds of review (such as jurisdictional error or bad faith) may still be available under the Administrative Decisions (Judicial Review) Act 1977 (Cth) or the Supreme Court Act. Section 10 of the Act also interacts with the laws of the receiving jurisdiction: upon registration of a Territory parole order under a corresponding law, the Territory order ceases to have effect in the Territory, and the sentences cease to have effect. This means the parolee is no longer under NT parole authority and cannot be dealt with under the Parole Act 1971 unless the order is later re-registered. The revival provision in section 10(2) ensures continuity if the parolee returns to the Territory.

The Act received assent on 21 September 1989 but commenced earlier, on 1 May 1984, by Gazette notice. The first amendment was the Parole Orders (Transfer) Amendment Act 1989 (Act No. 38, 1989), which received assent on 20 September 1989 and commenced the same day. It inserted section 10A (exclusion of natural justice) and amended sections 6 and 8. This amendment was significant: it removed the possibility for a parolee to challenge a transfer decision on procedural fairness grounds, shifting discretion further toward the Minister. The next amendment came via the Public Sector Employment and Management (Consequential Amendments) Act 1993 (Act No. 28, 1993), which amended section 12 to update the reference to the Public Sector Employment and Management Act 1993, reflecting machinery-of-government changes. The Sentencing (Consequential Amendments) Act 1996 (Act No. 17, 1996) amended section 6 on 19 April 1996 (for that section) and the remainder on 1 July 1996. This amendment likely updated the document requirements to align with the Sentencing Act 1995, though the source text does not specify the precise changes. The Correctional Services (Related and Consequential Amendments) Act 2014 (Act No. 27, 2014) amended section 3 (definition of sentence of imprisonment) to include references to the Correctional Services Act 2014 and the Youth Justice Act 2005, replacing earlier references to repealed correctional legislation. This amendment commenced on 9 September 2014. The most recent amendment in the reproduced text is the Local Court (Related Amendments) Act 2016 (Act No. 8, 2016), which amended section 9 to replace references to the Court of Summary Jurisdiction with the Local Court, reflecting the renaming of that court. It commenced on 1 May 2016. The endnotes also record that the Interpretation Legislation Amendment Act 2018 (Act No. 22, 2018) made general formal amendments to sections 1, 3, and 12, but those are not reflected in the 2016 reprint. The Act has not been repealed and remains in force.

The source text of the Act as provided contains no references to any court cases in which this Act has been interpreted or applied. The endnotes list only amendment legislation and do not cite any litigation. This is not surprising given the Act’s narrow administrative function and its operation largely behind the scenes of parole supervision. However, the exclusion of natural justice in section 10A (inserted in 1989) could in theory generate litigation. A parolee aggrieved by a Ministerial decision to transfer them to another jurisdiction without a hearing might attempt to challenge the decision on constitutional grounds (e.g., alleging an invalid ouster of judicial review) or under the Administrative Decisions (Judicial Review) Act 1977 (Cth). No such challenge appears in the provided materials. Similarly, the calculation of the imprisonment period under section 9(4) could be disputed, particularly the meaning of “the period for which he was liable, on the date on which he was released on parole under the order, to be imprisoned”. A parolee might argue that the period should be reduced by time spent on parole or that the provision is ambiguous. No case law is referenced. The revival provision in section 10(2) could also cause interpretive disputes about what “force and effect” revives, especially if the parole conditions in the receiving jurisdiction differed from those originally imposed in the Territory. In the absence of reported decisions, practitioners must rely on the plain text and the limited extrinsic materials. The Act’s longevity without apparent litigation may indicate that its provisions are considered straightforward or that disputes are resolved administratively rather than in court. Nevertheless, the lack of judicial interpretation means some uncertainties remain.

Several provisions in this Act could catch practitioners off guard. Section 10A excludes the rules of natural justice from any direction, request, or decision by the Minister under the Act. This means the Minister can decide to register an incoming parole order or request an outgoing transfer without giving the parolee an opportunity to be heard, without providing reasons, and without disclosing adverse information. A parolee who objects to a transfer has no statutory right to make submissions. This is unusual in modern administrative law, where procedural fairness is ordinarily implied unless clearly excluded. Consent can be bypassed if the parolee resides in the receiving jurisdiction. Section 7(1)(b)(ii) and (2)(b)(ii) allow the Minister to proceed without the parolee’s consent if they are residing in the relevant State or Territory. “Residing” is not defined and could be interpreted broadly: temporary accommodation, a postal address, or even a declared intention to live there might suffice. The Minister does not need to be satisfied of residence to a high standard; for outgoing requests, the test is “reasonable grounds for believing” the person is residing there, which is a low evidentiary threshold. The liability upon revocation under section 9(4) uses a snapshot from the date of release on parole, not the date of revocation. A parolee who has been on parole for years without incident could still be liable for the full unexpired sentence as at release, if the order is revoked after transfer. Time spent on parole does not reduce the amount owed. This is consistent with many parole regimes but can be a shock if the parolee expects credit. Revival under section 10(2) could create legal confusion. If a Territory parole order is transferred out, ceases to have effect, and then later re-registered, the original force and effect of the parole order and the underlying sentences revive. But what if the parolee has been subject to different conditions or sentences in the receiving jurisdiction during the interval? The Act does not address how to reconcile those. There is no provision for crediting time served on parole in the receiving jurisdiction. Personal service of notice under section 8(2)(b) is required for an incoming registration. If the parolee cannot be found, service may be impossible, but the Act provides no alternative method. A failure to serve notice might not invalidate the registration, because section 8(2)(b) says the Registrar “shall cause notice … to be served”, but the effect of non-service is unstated. The definition of “parole order” includes “an authority given under a law … for the release of a person from imprisonment … being an authority that is to be deemed to be such a parole order”. This could capture release on licence, home detention, or other conditional release mechanisms not formally called parole. Delegation under section 12 allows the Minister to delegate powers to a “Chief Executive Officer or employee as defined in the Public Sector Employment and Management Act 1993”. There is no requirement for the delegate to have any particular expertise in parole or criminal law. Evidence provisions in section 11 allow a certified copy of the memorandum or a certified copy of the registered parole order to be received as prima facie evidence, without requiring the original. This lowers the bar for proof, but it also means a parolee may have difficulty challenging the authenticity or content of such documents in revocation proceedings.

Compliance depends on the role of the actor. For the Minister (or delegate), the key steps are: when receiving a request from a designated authority under section 5(1), assess the information and documents provided to determine whether registration is desirable in the parolee’s interests (section 7(1)(a)). If the parolee is residing in the Territory, consent is not required; if not, obtain written consent. Once satisfied, issue a written direction to the Registrar. When initiating an outgoing transfer, prepare the request in writing to the designated authority, along with the documents listed in section 6: the parole order and variations, the judgment or authority that led to imprisonment, the parolee’s last known address, and a written report containing all documents that were before the parole-making body, details of findings of guilt, convictions, sentences, minimum terms, periods served, class of prisoner, remissions, and prior grants of parole. Ensure the documents are originals or certified true copies. Before making the request, satisfy yourself that transfer is in the parolee’s interests and that either the parolee has consented or there are reasonable grounds to believe they reside in the other jurisdiction. Keep a record of the consent. The Registrar, upon receiving a direction, must endorse the parole order with a memorandum stating it is registered on that date, and keep the endorsed order and the underlying judgment or authority in a register. Then forward one copy of the parole order (with a copy of the memorandum) to the Chairman of the Parole Board, along with a copy of the underlying judgment. Give written notice of the fact and date of registration to the requesting designated authority, and serve personal notice on the parolee. Proof of service should be retained. The Parole Board should, upon receipt of a registered order, treat it as if it were a Territory parole order. The Board should apply the Parole Act 1971 and any applicable regulations to supervision, variation, and revocation. If revocation occurs, the Board must calculate the imprisonment period under section 9(4) using the amount the parolee was liable to serve on the date of release on parole. The parolee should, if consent is sought, provide informed consent in writing if they wish to proceed. If they do not consent and do not reside in the receiving jurisdiction, they can refuse. If they are already residing in the receiving jurisdiction, consent is not required, but they should be aware that the transfer may proceed regardless. Once registered, the parolee must comply with all conditions imposed under the supervising jurisdiction’s law. Failure to do so could lead to revocation and imprisonment for the balance of the original unexpired term.